Full text
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2063
SECTION 1. SHORT TITLE. Whereas public health officials have (c) PANDEMIC EMERGENCY UNEMPLOYMENT
This Act may be cited as the ‘‘Department worked to educate their communities and COMPENSATION.—Notwithstanding section
of Veterans Affairs Website Accessibility Act implement policies that will curb the com- 2107, in no case may an individual’s average
of 2019’’. munal spread of COVID–19; and weekly benefit amount described in 2107(b)(3)
SEC. 2.STUDY ON THE ACCESSIBILITY OF Whereas every individual in the health (including the increase under section 2104)
WEBSITES OF THE DEPARTMENT OF care community, which includes doctors, exceed the amount of the average weekly
VETERANS AFFAIRS TO INDIVID- nurses, custodial staff, administrative staff, wages for which the individuals’s average
UALS WITH DISABILITIES. registered nurses, patient care assistants, weekly benefit amount (determined without
(a) STUDY.—Not later than 180 days after public health officials, mental health profes- regard to such increase) is based.
the date of the enactment of this Act, the sionals, researchers, lab technicians, and
Secretary of Veterans Affairs shall conduct a many others, has acted with excellence and SA 1578. Mr. MCCONNELL proposed
study of all websites of the Department of professionalism to ensure that the citizens of an amendment to the bill H.R. 748, to
Veterans Affairs to determine whether such the United States receive the care they need amend the Internal Revenue Code of
websites are accessible to individuals with to get the United States through the COVID–
disabilities in accordance with section 508 of 1986 to repeal the excise tax on high
19 crisis: Now, therefore, be it cost employer-sponsored health cov-
the Rehabilitation Act of 1973 (29 U.S.C. Resolved, That the Senate—
794d). (1) observes that the spirit of the United erage; as follows:
(b) REPORT.—Not later than 90 days after States remains resilient in the face of the Strike all after the enacting clause and in-
completing the study under subsection (a), crisis caused by Coronavirus disease 2019 (re- sert the following:
the Secretary shall submit to the Committee ferred to in this resolution as ‘‘COVID–19’’); SECTION 1. SHORT TITLE.
on Veterans’ Affairs of the Senate and the (2) expresses gratitude to the people of the This Act may be cited as the ‘‘Coronavirus
Committee on Veterans’ Affairs of the House United States for doing their part to stop the Aid, Relief, and Economic Security Act’’ or
of Representatives a report on such study. spread of COVID–19; and the ‘‘CARES Act’’.
(c) ELEMENTS.—The report required by sub- (3) salutes health care professionals across SEC. 2. TABLE OF CONTENTS.
section (b) shall include the following: the United States.
(1) A list of each website described in sub- The table of contents for this Act is as fol-
section (a) that is not accessible to individ- f lows:
uals with disabilities in accordance with sec- AMENDMENTS SUBMITTED AND Sec. 1. Short title.
tion 508 of the Rehabilitation Act of 1973 (29 Sec. 2. Table of contents.
PROPOSED Sec. 3. References.
U.S.C. 794d).
(2) For each website identified in the list SA 1577. Mr. SASSE (for himself, Mr. GRA- DIVISION A—KEEPING WORKERS PAID
HAM, Mr. SCOTT of South Carolina, Mr. SCOTT AND EMPLOYED, HEALTH CARE SYS-
under paragraph (1)—
(A) the plan of the Secretary to bring the of Florida, Mr. CRUZ, Mr. JOHNSON, Mrs. TEM ENHANCEMENTS, AND ECONOMIC
website into compliance with the require- BLACKBURN, and Mr. LEE) proposed an STABILIZATION
ments of section 508 of the Rehabilitation amendment to amendment SA 1578 proposed
TITLE I—KEEPING AMERICAN WORKERS
Act of 1973 (29 U.S.C. 794d); and by Mr. MCCONNELL to the bill H.R. 748, to
PAID AND EMPLOYED ACT
(B) a description of the barriers to bringing amend the Internal Revenue Code of 1986 to
repeal the excise tax on high cost employer- Sec. 1101. Definitions.
the website into compliance with the re- Sec. 1102. Paycheck protection program.
quirements of such section, including any sponsored health coverage.
SA 1578. Mr. MCCONNELL proposed an Sec. 1103. Entrepreneurial development.
barriers relating to vacant positions at the Sec. 1104. State trade expansion program.
amendment to the bill H.R. 748, supra.
Department of Veterans Affairs. SA 1579. Mr. MCCONNELL (for Mr. MORAN) Sec. 1105. Waiver of matching funds require-
(d) WEBSITE DEFINED.—In this section, the ment under the women’s busi-
proposed an amendment to the bill H.R. 3504,
term ‘‘website’’ includes the following: ness center program.
to amend title 38, United States Code, to pro-
(1) A file attached to a website. Sec. 1106. Loan forgiveness.
vide for improvements to the specially
(2) A web-based application. Sec. 1107. Direct appropriations.
adapted housing program of the Department
(3) A kiosk at a medical facility of the De- Sec. 1108. Minority business development
of Veterans Affairs, and for other purposes.
partment of Veterans Affairs, the use of agency.
which is required to check in for scheduled f Sec. 1109. United States Treasury Program
appointments. TEXT OF AMENDMENTS Management Authority.
Sec. 1110. Emergency EIDL grants.
f SA 1577. Mr. SASSE (for himself, Mr. Sec. 1111. Resources and services in lan-
SUBMITTED RESOLUTIONS GRAHAM, Mr. SCOTT of South Carolina, guages other than English.
Mr. SCOTT of Florida, Mr. CRUZ, Mr. Sec. 1112. Subsidy for certain loan pay-
JOHNSON, Mrs. BLACKBURN, and Mr. ments.
SENATE RESOLUTION 554—RECOG- Sec. 1113. Bankruptcy.
LEE) proposed an amendment to Sec. 1114. Emergency rulemaking authority.
NIZING THE CONTRIBUTIONS OF amendment SA 1578 proposed by Mr.
HEALTH CARE PROFESSIONALS TITLE II—ASSISTANCE FOR AMERICAN
MCCONNELL to the bill H.R. 748, to WORKERS, FAMILIES, AND BUSINESSES
DURING THE 2020 CORONAVIRUS amend the Internal Revenue Code of
PANDEMIC Subtitle A—Unemployment Insurance
1986 to repeal the excise tax on high Provisions
Mr. CRAMER submitted the fol- cost employer-sponsored health cov- Sec. 2101. Short title.
lowing resolution; which was referred erage; as follows: Sec. 2102. Pandemic Unemployment Assist-
to the Committee on Health, Edu- At the end of subtitle A of title II of divi- ance.
cation, Labor, and Pensions: sion A, insert the following: Sec. 2103. Emergency unemployment relief
S. RES. 554 SEC. 2117. UNEMPLOYMENT BENEFITS MAY NOT for governmental entities and
EXCEED THE AMOUNT OF WAGES nonprofit organizations.
Whereas, on March 11, 2020, the World THE INDIVIDUAL WAS EARNING Sec. 2104. Emergency increase in unemploy-
Health Organization declared the outbreak PRIOR TO BECOMING UNEMPLOYED. ment compensation benefits.
of Coronavirus disease 2019 (referred to in (a) PANDEMIC UNEMPLOYMENT ASSIST- Sec. 2105. Temporary full Federal funding of
this preamble as ‘‘COVID–19’’) a pandemic; ANCE.—Notwithstanding section 2101, in no the first week of compensable
Whereas, on March 13, 2020, President Don- case may the total amount of the weekly as- regular unemployment for
ald Trump declared a national emergency, sistance applicable to an individual under States with no waiting week.
mobilizing the entire United States in the paragraph (1) or (2) of section 2102 (including Sec. 2106. Emergency State staffing flexi-
fight against COVID–19; the increase under section 2104) exceed the bility.
Whereas doctors and nurses across the amount of the individual’s average weekly Sec. 2107. Pandemic emergency unemploy-
United States have worked tirelessly to com- wages for an appropriate period prior to the ment compensation.
bat COVID–19, setting up testing facilities receipt of assistance under such section, as Sec. 2108. Temporary financing of short-
and providing constant top-notch care to in- determined by the Secretary of Labor. time compensation payments in
dividuals who have been infected; (b) FEDERAL PANDEMIC UNEMPLOYMENT States with programs in law.
Whereas mental health professionals have COMPENSATION.—Notwithstanding section Sec. 2109. Temporary financing of short-
continued to provide excellent therapy and 2104, in no case may the sum of the weekly time compensation agreements.
dlhill on DSKBBY8HB2PROD with SENATE
counseling services, even in the face of the amount described in subparagraphs (A) (reg- Sec. 2110. Grants for short-time compensa-
unique challenges presented by social ular compensation) and (B) (Federal pan- tion programs.
distancing across the United States; demic unemployment compensation) of sec- Sec. 2111. Assistance and guidance in imple-
Whereas researchers and lab technicians tion 2104(b)(1) for an individual exceed the menting programs.
have been working around the clock to cre- amount of the individual’s average weekly Sec. 2112. Waiver of the 7-day waiting period
ate tests, find a treatment, and, ultimately, wages for which the amount described in for benefits under the Railroad
find a cure for COVID–19; such subparagraph (A) is based. Unemployment Insurance Act.
VerDate Sep 11 2014 08:25 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0655 E:\CR\FM\A25MR6.013 S25MRPT1
S2064 CONGRESSIONAL RECORD — SENATE March 25, 2020
Sec. 2113. Enhanced benefits under the Rail- Sec. 3202. Pricing of diagnostic testing. Sec. 3602. Emergency Paid Sick Leave Act
road Unemployment Insurance Sec. 3203. Rapid coverage of preventive serv- Limitation.
Act. ices and vaccines for Sec. 3603. Unemployment insurance.
Sec. 2114. Extended unemployment benefits coronavirus. Sec. 3604. OMB Waiver of Paid Family and
under the Railroad Unemploy- SUBPART B—SUPPORT FOR HEALTH CARE Paid Sick Leave.
ment Insurance Act. PROVIDERS Sec. 3605. Paid leave for rehired employees.
Sec. 2115. Funding for the DOL Office of In- Sec. 3606. Advance refunding of credits.
Sec. 3211. Supplemental awards for health Sec. 3607. Expansion of DOL Authority to
spector General for oversight of centers.
unemployment provisions. postpone certain deadlines.
Sec. 3212. Telehealth network and telehealth Sec. 3608. Single-employer plan funding
Sec. 2116. Implementation. resource centers grant pro-
Subtitle B—Rebates and Other Individual rules.
grams. Sec. 3609. Application of cooperative and
Provisions Sec. 3213. Rural health care services out- small employer charity pension
Sec. 2201. 2020 recovery rebates for individ- reach, rural health network de- plan rules to certain charitable
uals. velopment, and small health employers whose primary ex-
Sec. 2202. Special rules for use of retirement care provider quality improve- empt purpose is providing serv-
funds. ment grant programs. ices with respect to mothers
Sec. 2203. Temporary waiver of required Sec. 3214. United States Public Health Serv-
and children.
minimum distribution rules for ice Modernization. Sec. 3610. Federal contractor authority.
certain retirement plans and Sec. 3215. Limitation on liability for volun- Sec. 3611. Technical corrections.
accounts. teer health care professionals
during COVID-19 emergency re- Subtitle D—Finance Committee
Sec. 2204. Allowance of partial above the
line deduction for charitable sponse. Sec. 3701. Exemption for telehealth services.
contributions. Sec. 3216. Flexibility for members of Na- Sec. 3702. Inclusion of certain over-the-
Sec. 2205. Modification of limitations on tional Health Service Corps counter medical products as
charitable contributions during during emergency period. qualified medical expenses.
2020. Sec. 3703. Increasing Medicare telehealth
SUBPART C—MISCELLANEOUS PROVISIONS
Sec. 2206. Exclusion for certain employer flexibilities during emergency
Sec. 3221. Confidentiality and disclosure of period.
payments of student loans. records relating to substance Sec. 3704. Enhancing Medicare telehealth
Subtitle C—Business Provisions use disorder. services for Federally qualified
Sec. 2301. Employee retention credit for em- Sec. 3222. Nutrition services. health centers and rural health
ployers subject to closure due Sec. 3223. Continuity of service and opportu- clinics during emergency pe-
to COVID-19. nities for participants in com- riod.
Sec. 2302. Delay of payment of employer munity service activities under Sec. 3705. Temporary waiver of requirement
payroll taxes. title V of the Older Americans for face-to-face visits between
Sec. 2303. Modifications for net operating Act of 1965. home dialysis patients and phy-
losses. Sec. 3224. Guidance on protected health in- sicians.
Sec. 2304. Modification of limitation on formation. Sec. 3706. Use of telehealth to conduct face-
losses for taxpayers other than Sec. 3225. Reauthorization of healthy start to-face encounter prior to re-
corporations. program. certification of eligibility for
Sec. 2305. Modification of credit for prior Sec. 3226. Importance of the blood supply. hospice care during emergency
year minimum tax liability of PART III—INNOVATION period.
corporations. Sec. 3301. Removing the cap on OTA during Sec. 3707. Encouraging use of telecommuni-
Sec. 2306. Modifications of limitation on public health emergencies. cations systems for home
business interest. Sec. 3302. Priority zoonotic animal drugs. health services furnished dur-
Sec. 2307. Technical amendments regarding ing emergency period.
PART IV—HEALTH CARE WORKFORCE
qualified improvement prop- Sec. 3708. Improving care planning for Medi-
erty. Sec. 3401. Reauthorization of health profes-
care home health services.
Sec. 2308. Temporary exception from excise sions workforce programs.
Sec. 3709. Adjustment of sequestration.
tax for alcohol used to produce Sec. 3402. Health workforce coordination.
Sec. 3710. Medicare hospital inpatient pro-
hand sanitizer. Sec. 3403. Education and training relating to
spective payment system add-
geriatrics.
TITLE III—SUPPORTING AMERICA’S on payment for COVID–19 pa-
Sec. 3404. Nursing workforce development.
HEALTH CARE SYSTEM IN THE FIGHT tients during emergency period.
AGAINST THE CORONAVIRUS Subtitle B—Education Provisions Sec. 3711. Increasing access to post-acute
Subtitle A—Health Provisions Sec. 3501. Short title. care during emergency period.
Sec. 3502. Definitions. Sec. 3712. Revising payment rates for dura-
Sec. 3001. Short title. Sec. 3503. Campus-based aid waivers. ble medical equipment under
PART I—ADDRESSING SUPPLY SHORTAGES Sec. 3504. Use of supplemental educational the Medicare program through
SUBPART A—MEDICAL PRODUCT SUPPLIES opportunity grants for emer- duration of emergency period.
Sec. 3101. National Academies report on gency aid. Sec. 3713. Coverage of the COVID-19 vaccine
America’s medical product sup- Sec. 3505. Federal work-study during a under part B of the Medicare
ply chain security. qualifying emergency. program without any cost-shar-
Sec. 3102. Requiring the strategic national Sec. 3506. Adjustment of subsidized loan ing.
stockpile to include certain usage limits. Sec. 3714. Requiring Medicare prescription
Sec. 3507. Exclusion from Federal Pell Grant drug plans and MA–PD plans to
types of medical supplies.
Sec. 3103. Treatment of respiratory protec- duration limit. allow during the COVID-19
Sec. 3508. Institutional refunds and Federal emergency period for fills and
tive devices as covered counter-
student loan flexibility. refills of covered part D drugs
measures.
Sec. 3509. Satisfactory academic progress. for up to a 3-month supply.
SUBPART B—MITIGATING EMERGENCY DRUG Sec. 3510. Continuing education at affected Sec. 3715. Providing home and community-
SHORTAGES foreign institutions. based services in acute care
Sec. 3111. Prioritize reviews of drug applica- Sec. 3511. National emergency educational hospitals.
tions; incentives. waivers. Sec. 3716. Clarification regarding uninsured
Sec. 3112. Additional manufacturer report- Sec. 3512. HBCU Capital financing. individuals.
ing requirements in response to Sec. 3513. Temporary relief for federal stu- Sec. 3717. Clarification regarding coverage
drug shortages. dent loan borrowers. of COVID-19 testing products.
SUBPART C—PREVENTING MEDICAL DEVICE Sec. 3514. Provisions related to the Corpora- Sec. 3718. Amendments relating to reporting
SHORTAGES tion for National and Commu- requirements with respect to
nity Service. clinical diagnostic laboratory
Sec. 3121. Discontinuance or interruption in Sec. 3515. Workforce response activities.
the production of medical de- tests.
Sec. 3516. Technical amendments. Sec. 3719. Expansion of the Medicare hos-
vices.
dlhill on DSKBBY8HB2PROD with SENATE
Sec. 3517. Waiver authority and reporting re- pital accelerated payment pro-
PART II—ACCESS TO HEALTH CARE FOR quirement for institutional aid. gram during the COVID-19 pub-
COVID-19 PATIENTS Sec. 3518. Authorized uses and other modi- lic health emergency.
SUBPART A—COVERAGE OF TESTING AND fications for grants. Sec. 3720. Delaying requirements for en-
PREVENTIVE SERVICES Sec. 3519. Service obligations for teachers. hanced FMAP to enable State
Sec. 3201. Coverage of diagnostic testing for Subtitle C—Labor Provisions legislation necessary for com-
COVID-19. Sec. 3601. Limitation on paid leave. pliance.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0655 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2065
Subtitle E—Health and Human Services Sec. 4009. Temporary Government in the SEC. 1102. PAYCHECK PROTECTION PROGRAM.
Extenders Sunshine Act relief. (a) IN GENERAL.—Section 7(a) of the Small
PART I—MEDICARE PROVISIONS Sec. 4010. Temporary hiring flexibility. Business Act (15 U.S.C. 636(a)) is amended—
Sec. 4011. Temporary lending limit waiver. (1) in paragraph (2)—
Sec. 3801. Extension of the work geographic
Sec. 4012. Temporary relief for community (A) in subparagraph (A), in the matter pre-
index floor under the Medicare
banks. ceding clause (i), by striking ‘‘and (E)’’ and
program. Sec. 4013. Temporary relief from troubled
Sec. 3802. Extension of funding for quality inserting ‘‘(E), and (F)’’; and
debt restructurings. (B) by adding at the end the following:
measure endorsement, input, Sec. 4014. Optional temporary relief from
and selection. ‘‘(F) PARTICIPATION IN THE PAYCHECK PRO-
current expected credit losses. TECTION PROGRAM.—In an agreement to par-
Sec. 3803. Extension of funding outreach and Sec. 4015. Non-applicability of restrictions
assistance for low-income pro- ticipate in a loan on a deferred basis under
on ESF during national emer- paragraph (36), the participation by the Ad-
grams. gency. ministration shall be 100 percent.’’; and
PART II—MEDICAID PROVISIONS Sec. 4016. Temporary credit union provi- (2) by adding at the end the following:
Sec. 3811. Extension of the Money Follows sions. ‘‘(36) PAYCHECK PROTECTION PROGRAM.—
the Person rebalancing dem- Sec. 4017. Increasing access to materials
‘‘(A) DEFINITIONS.—In this paragraph—
onstration program. necessary for national security
‘‘(i) the terms ‘appropriate Federal bank-
Sec. 3812. Extension of spousal impoverish- and pandemic recovery.
ing agency’ and ‘insured depository institu-
ment protections. Sec. 4018. Special Inspector General for Pan-
tion’ have the meanings given those terms in
Sec. 3813. Delay of DSH reductions. demic Recovery.
section 3 of the Federal Deposit Insurance
Sec. 3814. Extension and expansion of Com- Sec. 4019. Conflicts of interest.
Act (12 U.S.C. 1813);
munity Mental Health Services Sec. 4020. Congressional Oversight Commis-
‘‘(ii) the term ‘covered loan’ means a loan
demonstration program. sion.
made under this paragraph during the cov-
PART III—HUMAN SERVICES AND OTHER Sec. 4021. Credit protection during COVID–
ered period;
HEALTH PROGRAMS 19.
Sec. 4022. Foreclosure moratorium and con- ‘‘(iii) the term ‘covered period’ means the
Sec. 3821. Extension of sexual risk avoidance sumer right to request forbear- period beginning on February 15, 2020 and
education program. ance. ending on June 30, 2020;
Sec. 3822. Extension of personal responsi- Sec. 4023. Forbearance of residential mort- ‘‘(iv) the term ‘eligible recipient’ means an
bility education program. gage loan payments for multi- individual or entity that is eligible to re-
Sec. 3823. Extension of demonstration family properties with federally ceive a covered loan;
projects to address health pro- backed loans. ‘‘(v) the term ‘eligible self-employed indi-
fessions workforce needs. Sec. 4024. Temporary moratorium on evic- vidual’ has the meaning given the term in
Sec. 3824. Extension of the temporary assist- tion filings. section 7002(b) of the Families First
ance for needy families pro- Sec. 4025. Protection of collective bar- Coronavirus Response Act (Public Law 116–
gram and related programs. gaining agreement. 127);
PART IV—PUBLIC HEALTH PROVISIONS Sec. 4026. Reports. ‘‘(vi) the term ‘insured credit union’ has
Sec. 4027. Direct appropriation. the meaning given the term in section 101 of
Sec. 3831. Extension for community health
Sec. 4028. Rule of construction. the Federal Credit Union Act (12 U.S.C. 1752);
centers, the National Health
Sec. 4029. Termination of authority. ‘‘(vii) the term ‘nonprofit organization’
Service Corps, and teaching
means an organization that is described in
health centers that operate Subtitle B—Air Carrier Worker Support
section 501(c)(3) of the Internal Revenue Code
GME programs. Sec. 4111. Definitions. of 1986 and that is exempt from taxation
Sec. 3832. Diabetes programs. Sec. 4112. Pandemic relief for aviation work- under section 501(a) of such Code;
PART V—MISCELLANEOUS PROVISIONS ers. ‘‘(viii) the term ‘payroll costs’—
Sec. 3841. Prevention of duplicate appropria- Sec. 4113. Procedures for providing payroll ‘‘(I) means—
tions for fiscal year 2020. support. ‘‘(aa) the sum of payments of any com-
Sec. 4114. Required assurances. pensation with respect to employees that is
Subtitle F—Over-the-Counter Drugs
Sec. 4115. Protection of collective bar- a—
PART I—OTC DRUG REVIEW gaining agreement. ‘‘(AA) salary, wage, commission, or similar
Sec. 3851. Regulation of certain nonprescrip- Sec. 4116. Limitation on certain employee compensation;
tion drugs that are marketed compensation. ‘‘(BB) payment of cash tip or equivalent;
without an approved drug appli- Sec. 4117. Tax payer protection. ‘‘(CC) payment for vacation, parental, fam-
cation. Sec. 4118. Reports. ily, medical, or sick leave;
Sec. 3852. Misbranding. Sec. 4119. Coordination. ‘‘(DD) allowance for dismissal or separa-
Sec. 3853. Drugs excluded from the over-the- Sec. 4120. Direct appropriation. tion;
counter drug review. TITLE V—CORONAVIRUS RELIEF FUNDS ‘‘(EE) payment required for the provisions
Sec. 3854. Treatment of Sunscreen Innova- Sec. 5001. Coronavirus Relief Fund. of group health care benefits, including in-
tion Act. surance premiums;
Sec. 3855. Annual update to Congress on ap- TITLE VI—MISCELLANEOUS PROVISIONS
‘‘(FF) payment of any retirement benefit;
propriate pediatric indication Sec. 6001. COVID–19 borrowing authority for or
for certain OTC cough and cold the United States Postal Serv- ‘‘(GG) payment of State or local tax as-
drugs. ice. sessed on the compensation of employees;
Sec. 3856. Technical corrections. Sec. 6002. Emergency designation. and
PART II—USER FEES DIVISION B—EMERGENCY APPROPRIA- ‘‘(bb) the sum of payments of any com-
Sec. 3861. Finding. TIONS FOR CORONAVIRUS HEALTH RE- pensation to or income of a sole proprietor
Sec. 3862. Fees relating to over-the-counter SPONSE AND AGENCY OPERATIONS or independent contractor that is a wage,
drugs. SEC. 3. REFERENCES. commission, income, net earnings from self-
Except as expressly provided otherwise, employment, or similar compensation and
TITLE IV—ECONOMIC STABILIZATION
any reference to ‘‘this Act’’ contained in any that is in an amount that is not more than
AND ASSISTANCE TO SEVERELY DIS-
division of this Act shall be treated as refer- $100,000 in 1 year, as prorated for the covered
TRESSED SECTORS OF THE UNITED
ring only to the provisions of that division. period; and
STATES ECONOMY
DIVISION A—KEEPING WORKERS PAID ‘‘(II) shall not include—
Subtitle A—Coronavirus Economic ‘‘(aa) the compensation of an individual
Stabilization Act of 2020 AND EMPLOYED, HEALTH CARE SYSTEM
ENHANCEMENTS, AND ECONOMIC STA- employee in excess of an annual salary of
Sec. 4001. Short title. BILIZATION $100,000, as prorated for the covered period;
Sec. 4002. Definitions. ‘‘(bb) taxes imposed or withheld under
Sec. 4003. Emergency relief and taxpayer TITLE I—KEEPING AMERICAN WORKERS chapters 21, 22, or 24 of the Internal Revenue
protections. PAID AND EMPLOYED ACT Code of 1986 during the covered period;
Sec. 4004. Limitation on certain employee SEC. 1101. DEFINITIONS. ‘‘(cc) any compensation of an employee
compensation. In this title— whose principal place of residence is outside
dlhill on DSKBBY8HB2PROD with SENATE
Sec. 4005. Continuation of certain air serv- (1) the terms ‘‘Administration’’ and ‘‘Ad- of the United States;
ice. ministrator’’ mean the Small Business Ad- ‘‘(dd) qualified sick leave wages for which
Sec. 4006. Coordination with Secretary of ministration and the Administrator thereof, a credit is allowed under section 7001 of the
Transportation. respectively; and Families First Coronavirus Response Act
Sec. 4007. Suspension of certain aviation ex- (2) the term ‘‘small business concern’’ has (Public Law 116–127); or
cise taxes. the meaning given the term in section 3 of ‘‘(ee) qualified family leave wages for
Sec. 4008. Debt guarantee authority. the Small Business Act (15 U.S.C. 636). which a credit is allowed under section 7003
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2066 CONGRESSIONAL RECORD — SENATE March 25, 2020
of the Families First Coronavirus Response tion 31(b)(2)(C) employs not more than 500 with the terms described in this paragraph, a
Act (Public Law 116–127); and employees under clause (i)(I), the term ‘em- lender shall consider whether the borrower—
‘‘(ix) the term ‘veterans organization’ ployee’ includes individuals employed on a ‘‘(aa) was in operation on February 15, 2020;
means an organization that is described in full-time, part-time, or other basis. and
section 501(c)(19) of the Internal Revenue ‘‘(vi) AFFILIATION.—The provisions applica- ‘‘(bb)(AA) had employees for whom the bor-
Code that is exempt from taxation under sec- ble to affiliations under section 121.103 of rower paid salaries and payroll taxes; or
tion 501(a) of such Code. title 13, Code of Federal Regulations, or any ‘‘(BB) paid independent contractors, as re-
‘‘(B) PAYCHECK PROTECTION LOANS.—Except successor thereto, shall apply with respect to ported on a Form 1099–MISC.
as otherwise provided in this paragraph, the a nonprofit organization and a veterans or- ‘‘(iii) ADDITIONAL LENDERS.—The authority
Administrator may guarantee covered loans ganization in the same manner as with re- to make loans under this paragraph shall be
under the same terms, conditions, and proc- spect to a small business concern. extended to additional lenders determined by
esses as a loan made under this subsection. ‘‘(E) MAXIMUM LOAN AMOUNT.—During the the Administrator and the Secretary of the
‘‘(C) REGISTRATION OF LOANS.—Not later covered period, with respect to a covered Treasury to have the necessary qualifica-
than 15 days after the date on which a loan loan, the maximum loan amount shall be the tions to process, close, disburse and service
is made under this paragraph, the Adminis- lesser of— loans made with the guarantee of the Admin-
tration shall register the loan using the TIN ‘‘(i)(I) the sum of— istration.
(as defined in section 7701 of the Internal ‘‘(aa) the product obtained by multi- ‘‘(iv) REFINANCE.—A loan made under sub-
Revenue Code of 1986) assigned to the bor- plying— section (b)(2) during the period beginning on
rower. January 31, 2020 and ending on the date on
‘‘(AA) the average total monthly payments
‘‘(D) INCREASED ELIGIBILITY FOR CERTAIN which covered loans are made available may
by the applicant for payroll costs incurred
SMALL BUSINESSES AND ORGANIZATIONS.— be refinanced as part of a covered loan.
during the 1-year period before the date on
‘‘(i) IN GENERAL.—During the covered pe- ‘‘(v) NONRECOURSE.—Notwithstanding the
which the loan is made, except that, in the
riod, in addition to small business concerns, waiver of the personal guarantee require-
case of an applicant that is seasonal em-
any business concern, nonprofit organiza- ment or collateral under subparagraph (J),
ployer, as determined by the Administrator,
tion, veterans organization, or Tribal busi- the Administrator shall have no recourse
ness concern described in section 31(b)(2)(C) the average total monthly payments for pay- against any individual shareholder, member,
shall be eligible to receive a covered loan if roll shall be for the 12-week period beginning or partner of an eligible recipient of a cov-
the business concern, nonprofit organization, February 15, 2019, or at the election of the el- ered loan for nonpayment of any covered
veterans organization, or Tribal business igible recipient, March 1, 2019, and ending loan, except to the extent that such share-
concern employs not more than the greater June 30, 2019; by holder, member, or partner uses the covered
of— ‘‘(BB) 2.5; and loan proceeds for a purpose not authorized
‘‘(I) 500 employees; or ‘‘(bb) the outstanding amount of a loan under clause (i).
‘‘(II) if applicable, the size standard in under subsection (b)(2) that was made during ‘‘(G) BORROWER REQUIREMENTS.—
number of employees established by the Ad- the period beginning on January 31, 2020 and ‘‘(i) CERTIFICATION.—An eligible recipient
ministration for the industry in which the ending on the date on which covered loans applying for a covered loan shall make a
business concern, nonprofit organization, are made available to be refinanced under good faith certification—
veterans organization, or Tribal business the covered loan; or ‘‘(I) that the uncertainty of current eco-
concern operates. ‘‘(II) if requested by an otherwise eligible nomic conditions makes necessary the loan
‘‘(ii) INCLUSION OF SOLE PROPRIETORS, INDE- recipient that was not in business during the request to support the ongoing operations of
PENDENT CONTRACTORS, AND ELIGIBLE SELF- period beginning on February 15, 2019 and the eligible recipient;
EMPLOYED INDIVIDUALS.— ending on June 30, 2019, the sum of— ‘‘(II) acknowledging that funds will be used
‘‘(I) IN GENERAL.—During the covered pe- ‘‘(aa) the product obtained by multi- to retain workers and maintain payroll or
riod, individuals who operate under a sole plying— make mortgage payments, lease payments,
proprietorship or as an independent con- ‘‘(AA) the average total monthly payments and utility payments;
tractor and eligible self-employed individ- by the applicant for payroll costs incurred ‘‘(III) that the eligible recipient does not
uals shall be eligible to receive a covered during the period beginning on January 1, have an application pending for a loan under
loan. 2020 and ending on February 29, 2020; by this subsection for the same purpose and du-
‘‘(II) DOCUMENTATION.—An eligible self-em- ‘‘(BB) 2.5; and plicative of amounts applied for or received
ployed individual, independent contractor, ‘‘(bb) the outstanding amount of a loan under a covered loan; and
or sole proprietorship seeking a covered loan under subsection (b)(2) that was made during ‘‘(IV) during the period beginning on Feb-
shall submit such documentation as is nec- the period beginning on January 31, 2020 and ruary 15, 2020 and ending on December 31,
essary to establish such individual as eligi- ending on the date on which covered loans 2020, that the eligible recipient has not re-
ble, including payroll tax filings reported to are made available to be refinanced under ceived amounts under this subsection for the
the Internal Revenue Service, Forms 1099– the covered loan; or same purpose and duplicative of amounts ap-
MISC, and income and expenses from the ‘‘(ii) $10,000,000. plied for or received under a covered loan.
sole proprietorship, as determined by the Ad- ‘‘(F) ALLOWABLE USES OF COVERED LOANS.— ‘‘(H) FEE WAIVER.—During the covered pe-
ministrator and the Secretary. ‘‘(i) IN GENERAL.—During the covered pe- riod, with respect to a covered loan—
‘‘(iii) BUSINESS CONCERNS WITH MORE THAN 1 riod, an eligible recipient may, in addition to ‘‘(i) in lieu of the fee otherwise applicable
PHYSICAL LOCATION.—During the covered pe- the allowable uses of a loan made under this under paragraph (23)(A), the Administrator
riod, any business concern that employs not subsection, use the proceeds of the covered shall collect no fee; and
more than 500 employees per physical loca- loan for— ‘‘(ii) in lieu of the fee otherwise applicable
tion of the business concern and that is as- ‘‘(I) payroll costs; under paragraph (18)(A), the Administrator
signed a North American Industry Classifica- ‘‘(II) costs related to the continuation of shall collect no fee.
tion System code beginning with 72 at the group health care benefits during periods of ‘‘(I) CREDIT ELSEWHERE.—During the cov-
time of disbursal shall be eligible to receive paid sick, medical, or family leave, and in- ered period, the requirement that a small
a covered loan. surance premiums; business concern is unable to obtain credit
‘‘(iv) WAIVER OF AFFILIATION RULES.—Dur- ‘‘(III) employee salaries, commissions, or elsewhere, as defined in section 3(h), shall
ing the covered period, the provisions appli- similar compensations; not apply to a covered loan.
cable to affiliations under section 121.103 of ‘‘(IV) payments of interest on any mort- ‘‘(J) WAIVER OF PERSONAL GUARANTEE RE-
title 13, Code of Federal Regulations, or any gage obligation (which shall not include any QUIREMENT.—During the covered period, with
successor regulation, are waived with respect prepayment of or payment of principal on a respect to a covered loan—
to eligibility for a covered loan for— mortgage obligation); ‘‘(i) no personal guarantee shall be re-
‘‘(I) any business concern with not more ‘‘(V) rent (including rent under a lease quired for the covered loan; and
than 500 employees that, as of the date on agreement); ‘‘(ii) no collateral shall be required for the
which the covered loan is disbursed, is as- ‘‘(VI) utilities; and covered loan.
signed a North American Industry Classifica- ‘‘(VII) interest on any other debt obliga- ‘‘(K) MATURITY FOR LOANS WITH REMAINING
tion System code beginning with 72; tions that were incurred before the covered BALANCE AFTER APPLICATION OF FORGIVE-
‘‘(II) any business concern operating as a period. NESS.—With respect to a covered loan that
franchise that is assigned a franchise identi- ‘‘(ii) DELEGATED AUTHORITY.— has a remaining balance after reduction
fier code by the Administration; and ‘‘(I) IN GENERAL.—For purposes of making based on the loan forgiveness amount under
‘‘(III) any business concern that receives fi- covered loans for the purposes described in section 1106 of the CARES Act—
dlhill on DSKBBY8HB2PROD with SENATE
nancial assistance from a company licensed clause (i), a lender approved to make loans ‘‘(i) the remaining balance shall continue
under section 301 of the Small Business In- under this subsection shall be deemed to to be guaranteed by the Administration
vestment Act of 1958 (15 U.S.C. 681). have been delegated authority by the Admin- under this subsection; and
‘‘(v) EMPLOYEE.—For purposes of deter- istrator to make and approve covered loans, ‘‘(ii) the covered loan shall have a max-
mining whether a business concern, non- subject to the provisions of this paragraph. imum maturity of 10 years from the date on
profit organization, veterans organization, ‘‘(II) CONSIDERATIONS.—In evaluating the which the borrower applies for loan forgive-
or Tribal business concern described in sec- eligibility of a borrower for a covered loan ness under that section.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2067
‘‘(L) INTEREST RATE REQUIREMENTS.—A cov- ‘‘(III) 1 percent for loans of not less than (ii) quality, including shortages in supply
ered loan shall bear an interest rate not to $2,000,000. for quality control reasons; and
exceed 4 percent. ‘‘(ii) FEE LIMITS.—An agent that assists an (iii) technology, including a compromised
‘‘(M) LOAN DEFERMENT.— eligible recipient to prepare an application payment network;
‘‘(i) DEFINITION OF IMPACTED BORROWER.— for a covered loan may not collect a fee in (B) staffing challenges;
‘‘(I) IN GENERAL.—In this subparagraph, the excess of the limits established by the Ad- (C) a decrease in gross receipts or cus-
term ‘impacted borrower’ means an eligible ministrator. tomers; or
recipient that— ‘‘(iii) TIMING.—A reimbursement described (D) a closure;
‘‘(aa) is in operation on February 15, 2020; in clause (i) shall be made not later than 5 (2) the term ‘‘resource partner’’ means—
and days after the disbursement of the covered (A) a small business development center;
‘‘(bb) has an application for a covered loan loan. and
that is approved or pending approval on or ‘‘(iv) SENSE OF THE SENATE.—It is the sense (B) a women’s business center;
after the date of enactment of this para- of the Senate that the Administrator should (3) the term ‘‘small business development
graph. issue guidance to lenders and agents to en- center’’ has the meaning given the term in
‘‘(II) PRESUMPTION.—For purposes of this sure that the processing and disbursement of section 3 of the Small Business Act (15 U.S.C.
subparagraph, an impacted borrower is pre- covered loans prioritizes small business con- 632); and
sumed to have been adversely impacted by cerns and entities in underserved and rural (4) the term ‘‘women’s business center’’
COVID–19. markets, including veterans and members of means a women’s business center described
‘‘(ii) DEFERRAL.—During the covered pe- the military community, small business con- in section 29 of the Small Business Act (15
riod, the Administrator shall— cerns owned and controlled by socially and U.S.C. 656).
‘‘(I) consider each eligible recipient that economically disadvantaged individuals (as (b) EDUCATION, TRAINING, AND ADVISING
applies for a covered loan to be an impacted defined in section 8(d)(3)(C)), women, and GRANTS.—
borrower; and businesses in operation for less than 2 years. (1) IN GENERAL.—The Administration may
‘‘(II) require lenders under this subsection ‘‘(Q) DUPLICATION.—Nothing in this para- provide financial assistance in the form of
to provide complete payment deferment re- graph shall prohibit a recipient of an eco- grants to resource partners to provide edu-
lief for impacted borrowers with covered nomic injury disaster loan made under sub-
loans for a period of not less than 6 months, cation, training, and advising to covered
section (b)(2) during the period beginning on small business concerns.
including payment of principal, interest, and January 31, 2020 and ending on the date on
fees, and not more than 1 year. (2) USE OF FUNDS.—Grants under this sub-
which covered loans are made available that section shall be used for the education,
‘‘(iii) SECONDARY MARKET.—During the cov- is for a purpose other than paying payroll
ered period, with respect to a covered loan training, and advising of covered small busi-
costs and other obligations described in sub- ness concerns and their employees on—
that is sold on the secondary market, if an paragraph (F) from receiving assistance
investor declines to approve a deferral re- (A) accessing and applying for resources
under this paragraph. provided by the Administration and other
quested by a lender under clause (ii), the Ad- ‘‘(R) WAIVER OF PREPAYMENT PENALTY.—
ministrator shall exercise the authority to Federal resources relating to access to cap-
Notwithstanding any other provision of law, ital and business resiliency;
purchase the loan so that the impacted bor- there shall be no prepayment penalty for any
rower may receive a deferral for a period of (B) the hazards and prevention of the
payment made on a covered loan.’’. transmission and communication of COVID–
not less than 6 months, including payment of
(b) COMMITMENTS FOR 7(A) LOANS.—During 19 and other communicable diseases;
principal, interest, and fees, and not more
the period beginning on February 15, 2020 and (C) the potential effects of COVID–19 on
than 1 year.
ending on June 30, 2020— the supply chains, distribution, and sale of
‘‘(iv) GUIDANCE.—Not later than 30 days
(1) the amount authorized for commit- products of covered small business concerns
after the date of enactment of this para-
ments for general business loans authorized and the mitigation of those effects;
graph, the Administrator shall provide guid-
under section 7(a) of the Small Business Act (D) the management and practice of
ance to lenders under this paragraph on the
(15 U.S.C. 636(a)), including loans made under telework to reduce possible transmission of
deferment process described in this subpara-
graph. paragraph (36) of such section, as added by COVID–19;
‘‘(N) SECONDARY MARKET SALES.—A covered subsection (a), shall be $349,000,000,000; and (E) the management and practice of re-
loan shall be eligible to be sold in the sec- (2) the amount authorized for commit- mote customer service by electronic or other
ondary market consistent with this sub- ments for such loans under the heading means;
‘‘ BUSINESS LOANS PROGRAM ACCOUNT’’ under (F) the risks of and mitigation of cyber
section. The Administrator may not collect
any fee for any guarantee sold into the sec- the heading ‘‘SMALL BUSINESS ADMINISTRA- threats in remote customer service or
TION’’ under title V of the Consolidated Ap- telework practices;
ondary market under this subparagraph.
‘‘(O) REGULATORY CAPITAL REQUIREMENTS.— propriations Act, 2020 (Public Law 116–93; 133 (G) the mitigation of the effects of reduced
‘‘(i) RISK WEIGHT.—With respect to the ap- Stat. 2475) shall not apply. travel or outside activities on covered small
propriate Federal banking agencies or the (c) EXPRESS LOANS.— business concerns during COVID–19 or simi-
National Credit Union Administration Board (1) IN GENERAL.—Section 7(a)(31)(D) of the lar occurrences; and
applying capital requirements under their Small Business Act (15 U.S.C. 636(a)(31)(D)) is (H) any other relevant business practices
respective risk-based capital requirements, a amended by striking ‘‘$350,000’’ and inserting necessary to mitigate the economic effects
covered loan shall receive a risk weight of ‘‘$1,000,000’’. of COVID–19 or similar occurrences.
zero percent. (2) PROSPECTIVE REPEAL.—Effective on Jan- (3) GRANT DETERMINATION.—
‘‘(ii) TEMPORARY RELIEF FROM TDR DISCLO- uary 1, 2021, section 7(a)(31)(D) of the Small (A) SMALL BUSINESS DEVELOPMENT CEN-
SURES.—Notwithstanding any other provi- Business Act (15 U.S.C. 636(a)(31)(D)) is TERS.—The Administration shall award 80
sion of law, an insured depository institution amended by striking ‘‘$1,000,000’’ and insert- percent of funds authorized to carry out this
or an insured credit union that modifies a ing ‘‘$350,000’’. subsection to small business development
covered loan in relation to COVID–19-related (d) EXCEPTION TO GUARANTEE FEE WAIVER centers, which shall be awarded pursuant to
difficulties in a troubled debt restructuring FOR VETERANS.—Section 7(a)(31)(G) of the a formula jointly developed, negotiated, and
on or after March 13, 2020, shall not be re- Small Business Act (15 U.S.C. 636(a)(31)(G)) is agreed upon, with full participation of both
quired to comply with the Financial Ac- amended— parties, between the association formed
counting Standards Board Accounting (1) by striking clause (ii); and under section 21(a)(3)(A) of the Small Busi-
Standards Codification Subtopic 310-40 (‘Re- (2) by redesignating clause (iii) as clause ness Act (15 U.S.C. 648(a)(3)(A)) and the Ad-
ceivables – Troubled Debt Restructurings by (ii). ministration.
Creditors’) for purposes of compliance with (e) INTERIM RULE.—On and after the date of (B) WOMEN’S BUSINESS CENTERS.—The Ad-
the requirements of the Federal Deposit In- enactment of this Act, the interim final rule ministration shall award 20 percent of funds
surance Act (12 U.S.C. 1811 et seq.), until published by the Administrator entitled ‘‘Ex- authorized to carry out this subsection to
such time and under such circumstances as press Loan Programs: Affiliation Standards’’ women’s business centers, which shall be
the appropriate Federal banking agency or (85 Fed. Reg. 7622 (February 10, 2020)) is per- awarded pursuant to a process established by
the National Credit Union Administration manently rescinded and shall have no force the Administration in consultation with re-
Board, as applicable, determines appropriate. or effect. cipients of assistance.
‘‘(P) REIMBURSEMENT FOR PROCESSING.— SEC. 1103. ENTREPRENEURIAL DEVELOPMENT. (C) NO MATCHING FUNDS REQUIRED.—Match-
‘‘(i) IN GENERAL.—The Administrator shall (a) DEFINITIONS.—In this section— ing funds shall not be required for any grant
reimburse a lender authorized to make a cov- (1) the term ‘‘covered small business con- under this subsection.
dlhill on DSKBBY8HB2PROD with SENATE
ered loan at a rate, based on the balance of cern’’ means a small business concern that (4) GOALS AND METRICS.—
the financing outstanding at the time of dis- has experienced, as a result of COVID–19— (A) IN GENERAL.—Goals and metrics for the
bursement of the covered loan, of— (A) supply chain disruptions, including funds made available under this subsection
‘‘(I) 5 percent for loans of not more than changes in— shall be jointly developed, negotiated, and
$350,000; (i) quantity and lead time, including the agreed upon, with full participation of both
‘‘(II) 3 percent for loans of more than number of shipments of components and parties, between the resource partners and
$350,000 and less than $2,000,000; and delays in shipments; the Administrator, which shall—
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2068 CONGRESSIONAL RECORD — SENATE March 25, 2020
(i) take into consideration the extent of (B) with respect to the grant program (1) Payroll costs.
the circumstances relating to the spread of under subsection (c)— (2) Any payment of interest on any covered
COVID–19, or similar occurrences, that affect (i) the efforts of the Administrator and the mortgage obligation (which shall not include
covered small business concerns located in association or associations to develop and any prepayment of or payment of principal
the areas covered by the resource partner, evolve an online resource for small business on a covered mortgage obligation).
particularly in rural areas or economically concerns; and (3) Any payment on any covered rent obli-
distressed areas; (ii) the efforts of the Administrator and gation.
(ii) generally follow the use of funds out- the association or associations to develop a (4) Any covered utility payment.
lined in paragraph (2), but shall not restrict training program for resource partner coun- (c) TREATMENT OF AMOUNTS FORGIVEN.—
the activities of resource partners in re- selors, including the number of counselors (1) IN GENERAL.—Amounts which have been
sponding to unique situations; and trained. forgiven under this section shall be consid-
(iii) encourage resource partners to de- SEC. 1104. STATE TRADE EXPANSION PROGRAM. ered canceled indebtedness by a lender au-
velop and provide services to covered small (a) IN GENERAL.—Notwithstanding para- thorized under section 7(a) of the Small Busi-
business concerns. graph (3)(C)(iii) of section 22(l) of the Small ness Act (15 U.S.C. 636(a)).
(B) PUBLIC AVAILABILITY.—The Adminis- Business Act (15 U.S.C. 649(l)), for grants (2) PURCHASE OF GUARANTEES.—For pur-
trator shall make publicly available the under the State Trade Expansion Program poses of the purchase of the guarantee for a
methodology by which the Administrator under such section 22(l) using amounts made covered loan by the Administrator, amounts
and resource partners jointly develop the available for fiscal year 2018 or fiscal year which are forgiven under this section shall
metrics and goals described in subparagraph 2019, the period of the grant shall continue be treated in accordance with the procedures
(A). through the end of fiscal year 2021. that are otherwise applicable to a loan guar-
(b) REIMBURSEMENT.—The Administrator anteed under section 7(a) of the Small Busi-
(c) RESOURCE PARTNER ASSOCIATION
shall reimburse any recipient of assistance ness Act (15 U.S.C. 636(a)).
GRANTS.—
under section 22(l) of the Small Business Act (3) REMITTANCE.—Not later than 90 days
(1) IN GENERAL.—The Administrator may
(15 U.S.C. 649(l)) for financial losses relating after the date on which the amount of for-
provide grants to an association or associa-
to a foreign trade mission or a trade show giveness under this section is determined,
tions representing resource partners under
exhibition that was cancelled solely due to a the Administrator shall remit to the lender
which the association or associations shall
public health emergency declared due to an amount equal to the amount of forgive-
establish a single centralized hub for COVID–
COVID–19 if the reimbursement does not ex- ness, plus any interest accrued through the
19 information, which shall include— date of payment.
ceed a recipient’s grant funding.
(A) 1 online platform that consolidates re- (4) ADVANCE PURCHASE OF COVERED LOAN.—
SEC. 1105. WAIVER OF MATCHING FUNDS RE-
sources and information available across QUIREMENT UNDER THE WOMEN’S (A) REPORT.—A lender authorized under
multiple Federal agencies for small business BUSINESS CENTER PROGRAM. section 7(a) of the Small Business Act (15
concerns related to COVID–19; and During the 3-month period beginning on U.S.C. 636(a)), or, at the discretion of the Ad-
(B) a training program to educate resource the date of enactment of this Act, the re- ministrator, a third party participant in the
partner counselors, members of the Service quirement relating to obtaining cash con- secondary market, may, report to the Ad-
Corps of Retired Executives established tributions from non-Federal sources under ministrator an expected forgiveness amount
under section 8(b)(1)(B) of the Small Busi- section 29(c)(1) of the Small Business Act (15 on a covered loan or on a pool of covered
ness Act (15 U.S.C. 637(b)(1)(B)), and coun- U.S.C. 656(c)(1)) is waived for any recipient of loans of up to 100 percent of the principal on
selors at veterans business outreach centers assistance under such section 29. the covered loan or pool of covered loans, re-
described in section 32 of the Small Business SEC. 1106. LOAN FORGIVENESS. spectively.
Act (15 U.S.C. 657b) on the resources and in- (a) DEFINITIONS.—In this section— (B) PURCHASE.—The Administrator shall
formation described in subparagraph (A). (1) the term ‘‘covered loan’’ means a loan purchase the expected forgiveness amount
(2) GOALS AND METRICS.—Goals and metrics guaranteed under paragraph (36) of section described in subparagraph (A) as if the
for the funds made available under this sub- 7(a) of the Small Business Act (15 U.S.C. amount were the principal amount of a loan
section shall be jointly developed, nego- 636(a)), as added by section 1102; guaranteed under section 7(a) of the Small
tiated, and agreed upon, with full participa- (2) the term ‘‘covered mortgage obliga- Business Act 636(a)).
tion of both parties, between the association tion’’ means any indebtedness or debt instru- (C) TIMING.—Not later than 15 days after
or associations receiving a grant under this ment incurred in the ordinary course of busi- the date on which the Administrator re-
subsection and the Administrator. ness that— ceives a report under subparagraph (A), the
(d) REPORT.—Not later than 6 months after (A) is a liability of the borrower; Administrator shall purchase the expected
the date of enactment of this Act, and annu- (B) is a mortgage on real or personal prop- forgiveness amount under subparagraph (B)
ally thereafter, the Administrator shall sub- erty; and with respect to each covered loan to which
mit to the Committee on Small Business and (C) was incurred before February 15, 2020; the report relates.
Entrepreneurship of the Senate and the Com- (3) the term ‘‘covered period’’ means the 8- (d) LIMITS ON AMOUNT OF FORGIVENESS.—
mittee on Small Business of the House of week period beginning on the date of the (1) AMOUNT MAY NOT EXCEED PRINCIPAL.—
Representatives a report that describes— origination of a covered loan; The amount of loan forgiveness under this
(1) with respect to the initial year covered (4) the term ‘‘covered rent obligation’’ section shall not exceed the principal
by the report— means rent obligated under a leasing agree- amount of the financing made available
(A) the programs and services developed ment in force before February 15, 2020; under the applicable covered loan.
and provided by the Administration and re- (5) the term ‘‘covered utility payment’’ (2) REDUCTION BASED ON REDUCTION IN NUM-
source partners under subsection (b); means payment for a service for the distribu- BER OF EMPLOYEES.—
(B) the initial efforts to provide those serv- tion of electricity, gas, water, transpor- (A) IN GENERAL.—The amount of loan for-
ices under subsection (b); and tation, telephone, or internet access for giveness under this section shall be reduced,
(C) the online platform and training devel- which service began before February 15, 2020; but not increased, by multiplying the
oped and provided by the Administration and (6) the term ‘‘eligible recipient’’ means the amount described in subsection (b) by the
the association or associations under sub- recipient of a covered loan; quotient obtained by dividing—
section (c); and (7) the term ‘‘expected forgiveness (i) the average number of full-time equiva-
(2) with respect to the subsequent years amount’’ means the amount of principal that lent employees per month employed by the
covered by the report— a lender reasonably expects a borrower to ex- eligible recipient during the covered period;
(A) with respect to the grant program pend during the covered period on the sum of by
under subsection (b)— any— (ii)(I) at the election of the borrower—
(i) the efforts of the Administrator and re- (A) payroll costs; (aa) the average number of full-time equiv-
source partners to develop services to assist (B) payments of interest on any covered alent employees per month employed by the
covered small business concerns; mortgage obligation (which shall not include eligible recipient during the period begin-
(ii) the challenges faced by owners of cov- any prepayment of or payment of principal ning on February 15, 2019 and ending on June
ered small business concerns in accessing on a covered mortgage obligation); 30, 2019; or
services provided by the Administration and (C) payments on any covered rent obliga- (bb) the average number of full-time equiv-
resource partners; tion; and alent employees per month employed by the
(iii) the number of unique covered small (D) covered utility payments; and eligible recipient during the period begin-
business concerns that were served by the (8) the term ‘‘payroll costs’’ has the mean- ning on January 1, 2020 and ending on Feb-
Administration and resource partners; and ing given that term in paragraph (36) of sec- ruary 29, 2020; or
dlhill on DSKBBY8HB2PROD with SENATE
(iv) other relevant outcome performance tion 7(a) of the Small Business Act (15 U.S.C. (II) in the case of an eligible recipient that
data with respect to covered small business 636(a)), as added by section 1102 of this Act. is seasonal employer, as determined by the
concerns, including the number of employees (b) FORGIVENESS.—An eligible recipient Administrator, the average number of full-
affected, the effect on sales, the disruptions shall be eligible for forgiveness of indebted- time equivalent employees per month em-
of supply chains, and the efforts made by the ness on a covered loan in an amount equal to ployed by the eligible recipient during the
Administration and resource partners to the sum of the following costs incurred and period beginning on February 15, 2019 and
mitigate these effects; and payments made during the covered period: ending on June 30, 2019.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2069
(B) CALCULATION OF AVERAGE NUMBER OF (2) documentation, including cancelled General’’, to remain available until Sep-
EMPLOYEES.—For purposes of subparagraph checks, payment receipts, transcripts of ac- tember 30, 2024, for necessary expenses of the
(A), the average number of full-time equiva- counts, or other documents verifying pay- Office of Inspector General of the Adminis-
lent employees shall be determined by calcu- ments on covered mortgage obligations, pay- tration in carrying out the provisions of the
lating the average number of full-time equiv- ments on covered lease obligations, and cov- Inspector General Act of 1978 (5 U.S.C. App.);
alent employees for each pay period falling ered utility payments; (4) $265,000,000 under the heading ‘‘Small
within a month. (3) a certification from a representative of Business Administration—Entrepreneurial
(3) REDUCTION RELATING TO SALARY AND the eligible recipient authorized to make Development Programs’’, of which—
WAGES.— such certifications that— (A) $240,000,000 shall be for carrying out
(A) IN GENERAL.—The amount of loan for- (A) the documentation presented is true section 1103(b) of this Act; and
giveness under this section shall be reduced and correct; and (B) $25,000,000 shall be for carrying out sec-
by the amount of any reduction in total sal- (B) the amount for which forgiveness is re- tion 1103(c) of this Act;
ary or wages of any employee described in quested was used to retain employees, make (5) $10,000,000 under the heading ‘‘Depart-
subparagraph (B) during the covered period interest payments on a covered mortgage ob- ment of Commerce—Minority Business De-
that is in excess of 25 percent of the total ligation, make payments on a covered rent velopment Agency’’ for minority business
salary or wages of the employee during the obligation, or make covered utility pay- centers of the Minority Business Develop-
most recent full quarter during which the ments; and ment Agency to provide technical assistance
employee was employed before the covered (4) any other documentation the Adminis- to small business concerns;
period. trator determines necessary. (6) $10,000,000,000 under the heading ‘‘Small
(B) EMPLOYEES DESCRIBED.—An employee (f) PROHIBITION ON FORGIVENESS WITHOUT Business Administration—Emergency EIDL
described in this subparagraph is any em- DOCUMENTATION.—No eligible recipient shall Grants’’ shall be for carrying out section 1110
ployee who did not receive, during any single receive forgiveness under this section with- of this Act;
pay period during 2019, wages or salary at an out submitting to the lender that is serv- (7) $17,000,000,000 under the heading ‘‘Small
annualized rate of pay in an amount more icing the covered loan the documentation re- Business Administration—Business Loans
than $100,000. quired under subsection (e). Program Account, CARES Act’’ shall be for
(4) TIPPED WORKERS.—An eligible recipient (g) DECISION.—Not later than 60 days after carrying out section 1112 of this Act; and
with tipped employees described in section the date on which a lender receives an appli- (8) $25,000,000 under the heading ‘‘Depart-
3(m)(2)(A) of the Fair Labor Standards Act of cation for loan forgiveness under this section ment of the Treasury—Departmental Of-
1938 (29 U.S.C. 203(m)(2)(A)) may receive for- from an eligible recipient, the lender shall fices—Salaries and Expenses’’ shall be for
giveness for additional wages paid to those issue a decision on the an application. carrying out section 1109 of this Act.
employees. (h) HOLD HARMLESS.—If a lender has re- (b) SECONDARY MARKET.—During the period
(5) EXEMPTION FOR RE-HIRES.— ceived the documentation required under beginning on the date of enactment of this
(A) IN GENERAL.—In a circumstance de- this section from an eligible recipient attest- Act and ending on September 30, 2021, guar-
scribed in subparagraph (B), the amount of ing that the eligible recipient has accurately antees of trust certificates authorized by
loan forgiveness under this section shall be verified the payments for payroll costs, pay- section 5(g) of the Small Business Act (15
determined without regard to a reduction in
ments on covered mortgage obligations, pay- U.S.C. 635(g)) shall not exceed a principal
the number of full-time equivalent employ-
ments on covered lease obligations, or cov- amount of $100,000,000,000.
ees of an eligible recipient or a reduction in
ered utility payments during covered pe- (c) REPORTS.—Not later than 180 days after
the salary of 1 or more employees of the eli-
riod— the date of enactment of this Act, the Ad-
gible recipient, as applicable, during the pe-
(1) an enforcement action may not be ministrator shall submit to the Committee
riod beginning on February 15, 2020 and end-
taken against the lender under section 47(e) on Appropriations of the Senate and the
ing on the date that is 30 days after the date
of the Small Business Act (15 U.S.C. 657t(e)) Committee on Appropriations of the House
of enactment of this Act.
relating to loan forgiveness for the payments of Representatives a detailed expenditure
(B) CIRCUMSTANCES.—A circumstance de-
for payroll costs, payments on covered mort- plan for using the amounts appropriated to
scribed in this subparagraph is a cir-
gage obligations, payments on covered lease the Administration under subsection (a).
cumstance—
obligations, or covered utility payments, as SEC. 1108. MINORITY BUSINESS DEVELOPMENT
(i) in which—
the case may be; and AGENCY.
(I) during the period beginning on Feb-
(2) the lender shall not be subject to any (a) DEFINITIONS.—In this section—
ruary 15, 2020 and ending on the date that is
penalties by the Administrator relating to (1) the term ‘‘Agency’’ means the Minority
30 days after the date of enactment of this
loan forgiveness for the payments for payroll Business Development Agency of the Depart-
Act, there is a reduction, as compared to
costs, payments on covered mortgage obliga- ment of Commerce;
February 15, 2020, in the number of full-time
tions, payments on covered lease obligations, (2) the term ‘‘minority business center’’
equivalent employees of an eligible recipi-
or covered utility payments, as the case may means a Business Center of the Agency;
ent; and
be. (3) the term ‘‘minority business enter-
(II) not later than June 30, 2020, the eligi-
(i) TAXABILITY.—For purposes of the Inter- prise’’ means a for-profit business enter-
ble employer has eliminated the reduction in
nal Revenue Code of 1986, any amount which prise—
the number of full-time equivalent employ-
(but for this subsection) would be includible (A) not less than 51 percent of which is
ees;
in gross income of the eligible recipient by owned by 1 or more socially disadvantaged
(ii) in which—
reason of forgiveness described in subsection individuals, as determined by the Agency;
(I) during the period beginning on Feb-
(b) shall be excluded from gross income. and
ruary 15, 2020 and ending on the date that is
(j) RULE OF CONSTRUCTION.—The cancella- (B) the management and daily business op-
30 days after the date of enactment of this
tion of indebtedness on a covered loan under erations of which are controlled by 1 or more
Act, there is a reduction, as compared to
this section shall not otherwise modify the socially disadvantaged individuals, as deter-
February 15, 2020, in the salary or wages of 1
terms and conditions of the covered loan. mined by the Agency; and
or more employees of the eligible recipient;
(k) REGULATIONS.—Not later than 30 days (4) the term ‘‘minority chamber of com-
and
after the date of enactment of this Act, the merce’’ means a chamber of commerce devel-
(II) not later than June 30, 2020, the eligi-
Administrator shall issue guidance and regu- oped specifically to support minority busi-
ble employer has eliminated the reduction in
lations implementing this section. ness enterprises.
the salary or wages of such employees; or
(iii) in which the events described in clause SEC. 1107. DIRECT APPROPRIATIONS. (b) EDUCATION, TRAINING, AND ADVISING
(i) and (ii) occur. (a) IN GENERAL.—There is appropriated, GRANTS.—
(6) EXEMPTIONS.—The Administrator and out of amounts in the Treasury not other- (1) IN GENERAL.—The Agency may provide
the Secretary of the Treasury may prescribe wise appropriated, for the fiscal year ending financial assistance in the form of grants to
regulations granting de minimis exemptions September 30, 2020, to remain available until minority business centers and minority
from the requirements under this subsection. September 30, 2021, for additional amounts— chambers of commerce to provide education,
(e) APPLICATION.—An eligible recipient (1) $349,000,000,000 under the heading training, and advising to minority business
seeking loan forgiveness under this section ‘‘Small Business Administration—Business enterprises.
shall submit to the lender that is servicing Loans Program Account, CARES Act’’ for (2) USE OF FUNDS.—Grants under this sec-
the covered loan an application, which shall the cost of guaranteed loans as authorized tion shall be used for the education, train-
include— under paragraph (36) of section 7(a) of the ing, and advising of minority business enter-
(1) documentation verifying the number of Small Business Act (15 U.S.C. 636(a)), as prises and their employees on—
dlhill on DSKBBY8HB2PROD with SENATE
full-time equivalent employees on payroll added by section 1102(a) of this Act; (A) accessing and applying for resources
and pay rates for the periods described in (2) $675,000,000 under the heading ‘‘Small provided by the Agency and other Federal re-
subsection (d), including— Business Administration—Salaries and Ex- sources relating to access to capital and
(A) payroll tax filings reported to the In- penses’’ for salaries and expenses of the Ad- business resiliency;
ternal Revenue Service; and ministration; (B) the hazards and prevention of the
(B) State income, payroll, and unemploy- (3) $25,000,000 under the heading ‘‘Small transmission and communication of COVID–
ment insurance filings; Business Administration—Office of Inspector 19 and other communicable diseases;
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2070 CONGRESSIONAL RECORD — SENATE March 25, 2020
(C) the potential effects of COVID–19 on the Committee on Small Business and Entre- (d) REGULATIONS FOR LENDERS AND
the supply chains, distribution, and sale of preneurship and the Committee on Com- LOANS.—
products of minority business enterprises merce, Science, and Transportation of the (1) IN GENERAL.—The Secretary may issue
and the mitigation of those effects; Senate and the Committee on Small Busi- regulations and guidance as necessary to
(D) the management and practice of ness and the Committee on Energy and Com- carry out the purposes of this section, in-
telework to reduce possible transmission of merce of the House of Representatives a re- cluding to—
COVID–19; port that describes— (A) allow additional lenders to originate
(E) the management and practice of re- (1) with respect to the period covered by loans under this section; and
mote customer service by electronic or other the initial report— (B) establish terms and conditions for
means; (A) the programs and services developed loans under this section, including terms and
(F) the risks of and mitigation of cyber and provided by the Agency, minority busi- conditions concerning compensation, under-
threats in remote customer service or ness centers, and minority chambers of com- writing standards, interest rates, and matu-
telework practices; merce under subsection (b); and rity.
(G) the mitigation of the effects of reduced (B) the initial efforts to provide those serv- (2) REQUIREMENTS.—The terms and condi-
travel or outside activities on minority busi- ices under subsection (b); and tions established under paragraph (1) shall
ness enterprises during COVID–19 or similar (2) with respect to subsequent years cov- provide for the following:
occurrences; and ered by the report— (A) A rate of interest that does not exceed
(H) any other relevant business practices (A) with respect to the grant program the maximum permissible rate of interest
necessary to mitigate the economic effects under subsection (b)— available on a loan of comparable maturity
of COVID–19 or similar occurrences. (i) the efforts of the Agency, minority busi- under paragraph (36) of section 7(a) of the
(3) NO MATCHING FUNDS REQUIRED.—Match- ness centers, and minority chambers of com- Small Business Act (15 U.S.C. 636(a)), as
ing funds shall not be required for any grant merce to develop services to assist minority added by section 1102 of this Act.
under this section. business enterprises; (B) Terms and conditions that, to the max-
(4) GOALS AND METRICS.— (ii) the challenges faced by owners of mi- imum extent practicable, are consistent with
(A) IN GENERAL.—Goals and metrics for the nority business enterprises in accessing serv- the terms and conditions required under the
funds made available under this section shall ices provided by the Agency, minority busi- following provisions of paragraph (36) of sec-
be jointly developed, negotiated, and agreed ness centers, and minority chambers of com- tion 7(a) of the Small Business Act (15 U.S.C.
upon, with full participation of both parties, merce; 636(a)), as added by section 1102 of this Act:
between the minority business centers, mi- (iii) the number of unique minority busi- (i) Subparagraph (D), pertaining to bor-
nority chambers of commerce, and the Agen- ness enterprises that were served by the rower eligibility.
cy, which shall— Agency, minority business centers, or minor- (ii) Subparagraph (E), pertaining to the
(i) take into consideration the extent of ity chambers of commerce; and maximum loan amount.
the circumstances relating to the spread of (iv) other relevant outcome performance (iii) Subparagraph (F)(i), pertaining to al-
COVID–19, or similar occurrences, that affect data with respect to minority business enter- lowable uses of program loans.
minority business enterprises located in the prises, including the number of employees (iv) Subparagraph (H), pertaining to fee
areas covered by minority business centers affected, the effect on sales, the disruptions waivers.
and minority chambers of commerce, par- of supply chains, and the efforts made by the (v) Subparagraph (M), pertaining to loan
ticularly in rural areas or economically dis- Agency, minority business centers, and mi- deferment.
tressed areas; nority chambers of commerce to mitigate (C) A guarantee percentage that, to the
(ii) generally follow the use of funds out- these effects . maximum extent practicable, is consistent
lined in paragraph (2), but shall not restrict (e) AUTHORIZATION OF APPROPRIATIONS.— with the guarantee percentage required
the activities of minority business centers There is authorized to be appropriated under subparagraph (F) of section 7(a)(2) of
and minority chambers of commerce in re- $10,000,000 to carry out this section, to re- the Small Business Act (15 U.S.C. 636(a)(2)),
sponding to unique situations; and main available until expended. as added by section 1102 of this Act.
(iii) encourage minority business centers SEC. 1109. UNITED STATES TREASURY PROGRAM (D) Loan forgiveness under terms and con-
and minority chambers of commerce to de- MANAGEMENT AUTHORITY. ditions that, to the maximum extent prac-
velop and provide services to minority busi- (a) DEFINITIONS.—In this section— ticable, is consistent with the terms and con-
ness enterprises. (1) the terms ‘‘appropriate Federal banking ditions for loan forgiveness under section
(B) PUBLIC AVAILABILITY.—The Agency agency’’ and ‘‘insured depository institu- 1106 of this Act.
shall make publicly available the method- tion’’ have the meanings given those terms (e) ADDITIONAL REGULATIONS GENERALLY.—
ology by which the Agency, minority busi- The Secretary may issue regulations and
in section 3 of the Federal Deposit Insurance
ness centers, and minority chambers of com- guidance as necessary to carry out the pur-
Act (12 U.S.C. 1813);
merce jointly develop the metrics and goals poses of this section, including to allow addi-
(2) the term ‘‘insured credit union’’ has the
described in subparagraph (A). tional lenders to originate loans under this
meaning given the term in section 101 of the
(c) WAIVERS.— title and to establish terms and conditions
Federal Credit Union Act (12 U.S.C. 1752); such as compensation, underwriting stand-
(1) IN GENERAL.—Notwithstanding any and
other provision of law or regulation, the ards, interest rates, and maturity for under
(3) the term ‘‘Secretary’’ means the Sec- this section.
Agency may, during the 3-month period that retary of the Treasury.
begins on the date of enactment of this Act, (f) CERTIFICATION.—As a condition of re-
(b) AUTHORITY TO INCLUDE ADDITIONAL FI- ceiving a loan under this section, a borrower
waive any matching requirement imposed on NANCIAL INSTITUTIONS.—The Department of shall certify under terms acceptable to the
a minority business center or a specialty the Treasury, in consultation with the Ad- Secretary that the borrower—
center of the Agency under a cooperative ministrator, and the Chairman of the Farm (1) does not have an application pending
agreement between such a center and the Credit Administration shall establish cri- for a loan under section 7(a) of the Small
Agency if the applicable center is unable to teria for insured depository institutions, in- Business Act (15 U.S.C. 636(a)) for the same
raise funds, or has suffered a loss of revenue, sured credit unions, institutions of the Farm purpose; and
because of the effects of COVID–19. Credit System chartered under the Farm (2) has not received such a loan during the
(2) REMAINING COMPLIANT.—Notwith- Credit Act of 1971 (12 U.S.C. 2001 et seq.), and period beginning on February 15, 2020 and
standing any provision of a cooperative other lenders that do not already participate ending on December 31, 2020.
agreement between the Agency and a minor- in lending under programs of the Adminis- (g) OPT-IN FOR SBA QUALIFIED LENDERS.—
ity business center, if, during the period be- tration, to participate in the paycheck pro- Lenders qualified to participate as a lender
ginning on the date of enactment of this Act tection program to provide loans under this under 7(a) of the Small Business Act (15
and ending on September 30, 2021, such a cen- section until the date on which the national U.S.C. 636(a)) may elect to participate in the
ter decides not to collect fees because of the emergency declared by the President under paycheck protection program under the cri-
economic consequences of COVID–19, the the National Emergencies Act (50 U.S.C. 1601 teria, terms, and conditions established
center shall be considered to be in compli- et seq.) with respect to the Coronavirus Dis- under this section. Such participation shall
ance with that agreement if— ease 2019 (COVID–19) expires. not preclude the lenders from continuing
(A) the center notifies the Agency with re- (c) SAFETY AND SOUNDNESS.—An insured participation as a lender under section 7(a)
spect to that decision, which the center may depository institution, insured credit union, of the Small Business Act (15 U.S.C. 636(a)).
provide through electronic mail; and institution of the Farm Credit System char- (h) PROGRAM ADMINISTRATION.—With guid-
(B) the Agency, not later than 15 days after tered under the Farm Credit Act of 1971 (12 ance from the Secretary, the Administrator
the date on which the center provides notice U.S.C. 2001 et seq.), or other lender may only shall administer the program established
dlhill on DSKBBY8HB2PROD with SENATE
to the Agency under subparagraph (A)— participate in the program established under under this section, including the making and
(i) confirms receipt of the notification this section if participation does not affect purchasing of guarantees on loans under the
under subparagraph (A); and the safety and soundness of the institution program, until the date on which the na-
(ii) accepts the decision of the center. or lender, as determined by the Secretary in tional emergency declared by the President
(d) REPORT.—Not later than 6 months after consultation with the appropriate Federal under the National Emergencies Act (50
the date of enactment of this Act, and annu- banking agencies or the National Credit U.S.C. 1601 et seq.) with respect to the
ally thereafter, the Agency shall submit to Union Administration Board, as applicable. Coronavirus Disease 2019 (COVID–19) expires.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2071
(i) CRIMINAL PENALTIES.—A loan under this (3) AMOUNT.—The amount of an advance graph and the Administrator shall accept ap-
section shall be deemed to be a loan under provided under this subsection shall be not plications for such assistance immediately.’’.
the Small Business Act (15 U.S.C. 631 et seq.) more than $10,000. SEC. 1111. RESOURCES AND SERVICES IN LAN-
for purposes of section 16 of such Act (15 (4) USE OF FUNDS.—An advance provided GUAGES OTHER THAN ENGLISH.
U.S.C. 645). under this subsection may be used to address (a) IN GENERAL.—The Administrator shall
SEC. 1110. EMERGENCY EIDL GRANTS. any allowable purpose for a loan made under provide the resources and services made
section 7(b)(2) of the Small Business Act (15 available by the Administration to small
(a) DEFINITIONS.—In this section— U.S.C. 636(b)(2)), including— business concerns in the 10 most commonly
(1) the term ‘‘covered period’’ means the (A) providing paid sick leave to employees spoken languages, other than English, in the
period beginning on January 31, 2020 and end- unable to work due to the direct effect of the United States, which shall include Mandarin,
ing on December 31, 2020; and COVID–19; Cantonese, Japanese, and Korean.
(2) the term ‘‘eligible entity’’ means— (B) maintaining payroll to retain employ- (b) AUTHORIZATION OF APPROPRIATIONS.—
(A) a business with not more than 500 em- ees during business disruptions or substan- There is authorized to be appropriated to the
ployees; tial slowdowns; Administrator $25,000,000 to carry out this
(B) any individual who operates under a (C) meeting increased costs to obtain ma- section.
sole proprietorship, with or without employ- terials unavailable from the applicant’s
ees, or as an independent contractor; SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAY-
original source due to interrupted supply MENTS.
(C) a cooperative with not more than 500 chains;
employees; (a) DEFINITION OF COVERED LOAN.—In this
(D) making rent or mortgage payments;
(D) an ESOP (as defined in section 3 of the section, the term ‘‘covered loan’’ means a
and
Small Business Act (15 U.S.C. 632)) with not loan that is—
(E) repaying obligations that cannot be
more than 500 employees; or (1) guaranteed by the Administration
met due to revenue losses.
(E) a tribal small business concern, as de- under—
(5) REPAYMENT.—An applicant shall not be
scribed in section 31(b)(2)(C) of the Small (A) section 7(a) of the Small Business Act
required to repay any amounts of an advance
Business Act (15 U.S.C. 657a(b)(2)(C)), with (15 U.S.C. 636(a))—
provided under this subsection, even if subse-
not more than 500 employees. quently denied a loan under section 7(b)(2) of (i) including a loan made under the Com-
the Small Business Act (15 U.S.C. 636(b)(2)). munity Advantage Pilot Program of the Ad-
(b) ELIGIBLE ENTITIES.—During the covered
(6) UNEMPLOYMENT GRANT.—If an applicant ministration; and
period, in addition to small business con-
that receives an advance under this sub- (ii) excluding a loan made under paragraph
cerns, private nonprofit organizations, and
section transfers into, or is approved for, the (36) of such section 7(a), as added by section
small agricultural cooperatives, an eligible
loan program under section 7(a) of the Small 1102; or
entity shall be eligible for a loan made under
Business Act (15 U.S.C. 636(a)), the advance (B) title V of the Small Business Invest-
section 7(b)(2) of the Small Business Act (15
amount shall be reduced from the loan for- ment Act of 1958 (15 U.S.C. 695 et seq.); or
U.S.C. 636(b)(2)).
giveness amount for a loan for payroll costs (2) made by an intermediary to a small
(c) TERMS; CREDIT ELSEWHERE.—With re- business concern using loans or grants re-
spect to a loan made under section 7(b)(2) of made under such section 7(a).
(7) AUTHORIZATION OF APPROPRIATIONS.— ceived under section 7(m) of the Small Busi-
the Small Business Act (15 U.S.C. 636(b)(2)) in ness Act (15 U.S.C. 636(m)).
response to COVID–19 during the covered pe- There is authorized to be appropriated to the
Administration $10,000,000,000 to carry out (b) SENSE OF CONGRESS.—It is the sense of
riod, the Administrator shall waive— Congress that—
(1) any rules related the personal guar- this subsection.
(8) TERMINATION.—The authority to carry (1) all borrowers are adversely affected by
antee on advances and loans of not more COVID-19;
than $200,000 during the covered period for out grants under this subsection shall termi-
nate on December 31, 2020. (2) relief payments by the Administration
all applicants; are appropriate for all borrowers; and
(f) EMERGENCIES INVOLVING FEDERAL PRI-
(2) the requirement that an applicant needs MARY RESPONSIBILITY QUALIFYING FOR SBA (3) in addition to the relief provided under
to be in business for the 1-year period before ASSISTANCE.—Section 7(b)(2) of the Small this Act, the Administration should encour-
the disaster, except that no waiver may be Business Act (15 U.S.C. 636(b)(2)) is amend- age lenders to provide payment deferments,
made for a business that was not in oper- ed— when appropriate, and to extend the matu-
ation on January 31, 2020; and (1) in subparagraph (A), by striking ‘‘or’’ at rity of covered loans, so as to avoid balloon
(3) the requirement in the flush matter fol- the end; payments or any requirement for increases
lowing subparagraph (E) of section 7(b)(2) of (2) in subparagraph (B), by striking ‘‘or’’ at in debt payments resulting from deferments
the Small Business Act (15 U.S.C. 636(b)(2)), the end; provided by lenders during the period of the
as so redesignated by subsection (f) of this (3) in subparagraph (C), by striking ‘‘or’’ at national emergency declared by the Presi-
section, that an applicant be unable to ob- the end; dent under the National Emergencies Act (50
tain credit elsewhere. (4) by redesignating subparagraph (D) as U.S.C. 1601 et seq.) with respect to the
(d) APPROVAL AND ABILITY TO REPAY FOR subparagraph (E); Coronavirus Disease 2019 (COVID–19).
SMALL DOLLAR LOANS.—With respect to a (5) by inserting after subparagraph (C) the (c) PRINCIPAL AND INTEREST PAYMENTS.—
loan made under section 7(b)(2) of the Small following: (1) IN GENERAL.—The Administrator shall
Business Act (15 U.S.C. 636(b)(2)) in response ‘‘(D) an emergency involving Federal pri- pay the principal, interest, and any associ-
to COVID–19 during the covered period, the mary responsibility determined to exist by ated fees that are owed on a covered loan in
Administrator may— the President under the section 501(b) of the a regular servicing status—
(1) approve an applicant based solely on Robert T. Stafford Disaster Relief and Emer- (A) with respect to a covered loan made be-
the credit score of the applicant and shall gency Assistance Act (42 U.S.C. 5191(b)); or’’; fore the date of enactment of this Act and
not require an applicant to submit a tax re- and not on deferment, for the 6-month period be-
turn or a tax return transcript for such ap- (6) in subparagraph (E), as so redesig- ginning with the next payment due on the
proval; or nated— covered loan;
(2) use alternative appropriate methods to (A) by striking ‘‘or (C)’’ and inserting ‘‘(C), (B) with respect to a covered loan made be-
determine an applicant’s ability to repay. or (D)’’; fore the date of enactment of this Act and on
(e) EMERGENCY GRANT.— (B) by striking ‘‘disaster declaration’’ each deferment, for the 6-month period beginning
(1) IN GENERAL.—During the covered period, place it appears and inserting ‘‘disaster or with the next payment due on the covered
an entity included for eligibility in sub- emergency declaration’’; loan after the deferment period; and
section (b), including small business con- (C) by striking ‘‘disaster has occurred’’ and (C) with respect to a covered loan made
cerns, private nonprofit organizations, and inserting ‘‘disaster or emergency has oc- during the period beginning on the date of
small agricultural cooperatives, that applies curred’’; enactment of this Act and ending on the date
for a loan under section 7(b)(2) of the Small (D) by striking ‘‘such disaster’’ and insert- that is 6 months after such date of enact-
Business Act (15 U.S.C. 636(b)(2)) in response ing ‘‘such disaster or emergency’’; and ment, for the 6-month period beginning with
to COVID–19 may request that the Adminis- (E) by striking ‘‘disaster stricken’’ and in- the first payment due on the covered loan.
trator provide an advance that is, subject to serting ‘‘disaster- or emergency-stricken’’; (2) TIMING OF PAYMENT.—The Adminis-
paragraph (3), in the amount requested by and trator shall begin making payments under
such applicant to such applicant within 3 (7) in the flush matter following subpara- paragraph (1) on a covered loan not later
days after the Administrator receives an ap- graph (E), as so redesignated, by striking the than 30 days after the date on which the first
plication from such applicant. period at the end and inserting the following: such payment is due.
dlhill on DSKBBY8HB2PROD with SENATE
(2) VERIFICATION.—Before disbursing ‘‘: Provided further, That for purposes of sub- (3) APPLICATION OF PAYMENT.—Any pay-
amounts under this subsection, the Adminis- paragraph (D), the Administrator shall deem ment made by the Administrator under para-
trator shall verify that the applicant is an that such an emergency affects each State or graph (1) shall be applied to the covered loan
eligible entity by accepting a self-certifi- subdivision thereof (including counties), and such that the borrower is relieved of the ob-
cation from the applicant under penalty of that each State or subdivision has sufficient ligation to pay that amount.
perjury pursuant to section 1746 of title 28 economic damage to small business concerns (d) OTHER REQUIREMENTS.—The Adminis-
United States Code. to qualify for assistance under this para- trator shall—
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2072 CONGRESSIONAL RECORD — SENATE March 25, 2020
(1) communicate and coordinate with the ‘‘(iii) any debtor that is an affiliate of an (iii) MODIFICATION OF PLAN AFTER CON-
Federal Deposit Insurance Corporation, the issuer (as defined in section 3 of the Securi- FIRMATION.—Section 1329 of title 11, United
Office of the Comptroller of the Currency, ties Exchange Act of 1934 (15 U.S.C. 78c)).’’. States Code, is amended by striking sub-
and State bank regulators to encourage (B) UNCLAIMED PROPERTY.—Section 347(b) section (d).
those entities to not require lenders to in- of title 11, United States Code, is amended by (B) EFFECTIVE DATE.—The amendments
crease their reserves on account of receiving striking ‘‘1194’’ and inserting ‘‘1191’’. made by subparagraph (A) shall take effect
payments made by the Administrator under (5) SUNSET.—On the date that is 1 year on the date that is 1 year after the date of
subsection (c); after the date of enactment of this Act, sec- enactment of this Act.
(2) waive statutory limits on maximum tion 1182(1) of title 11, United States Code, is SEC. 1114. EMERGENCY RULEMAKING AUTHOR-
loan maturities for any covered loan dura- amended to read as follows: ITY.
tions where the lender provides a deferral ‘‘(1) DEBTOR.—The term ‘debtor’ means a
and extends the maturity of covered loans small business debtor.’’. Not later than 15 days after the date of en-
during the 1-year period following the date of (b) BANKRUPTCY RELIEF.— actment of this Act, the Administrator shall
enactment of this Act; and (1) IN GENERAL.— issue regulations to carry out this title and
(3) when necessary to provide more time (A) EXCLUSION FROM CURRENT MONTHLY IN- the amendments made by this title without
because of the potential of higher volumes, COME.—Section 101(10A)(B)(ii) of title 11,
regard to the notice requirements under sec-
travel restrictions, and the inability to ac- United States Code, is amended— tion 553(b) of title 5, United States Code.
cess some properties during the COVID–19 (i) in subclause (III), by striking ‘‘; and’’ TITLE II—ASSISTANCE FOR AMERICAN
pandemic, extend lender site visit require- and inserting a semicolon; WORKERS, FAMILIES, AND BUSINESSES
ments to— (ii) in subclause (IV), by striking the pe-
(A) not more than 60 days (which may be riod at the end and inserting ‘‘; and’’; and Subtitle A—Unemployment Insurance
extended at the discretion of the Administra- (iii) by adding at the end the following: Provisions
tion) after the occurrence of an adverse ‘‘(V) Payments made under Federal law re- SEC. 2101. SHORT TITLE.
event, other than a payment default, causing lating to the national emergency declared by
a loan to be classified as in liquidation; and This subtitle may be cited as the ‘‘Relief
the President under the National Emer-
(B) not more than 90 days after a payment for Workers Affected by Coronavirus Act’’.
gencies Act (50 U.S.C. 1601 et seq.) with re-
default. spect to the coronavirus disease 2019 SEC. 2102. PANDEMIC UNEMPLOYMENT ASSIST-
(e) RULE OF CONSTRUCTION.—Nothing in (COVID–19).’’. ANCE.
this section may be construed to limit the (B) CONFIRMATION OF PLAN.—Section (a) DEFINITIONS.—In this section:
authority of the Administrator to make pay- 1325(b)(2) of title 11, United States Code, is (1) COVID–19.—The term ‘‘COVID-19’’
ments pursuant to subsection (c) with re- amended by inserting ‘‘payments made under means the 2019 Novel Coronavirus or 2019-
spect to a covered loan solely because the Federal law relating to the national emer- nCoV.
covered loan has been sold in the secondary gency declared by the President under the (2) COVID–19 PUBLIC HEALTH EMERGENCY.—
market. National Emergencies Act (50 U.S.C. 1601 et The term ‘‘COVID-19 public health emer-
(f) AUTHORIZATION OF APPROPRIATIONS.— seq.) with respect to the coronavirus disease gency’’ means the public health emergency
There is authorized to be appropriated to the 2019 (COVID–19),’’ after ‘‘other than’’. declared by the Secretary of Health and
Administrator $17,000,000,000 to carry out (C) MODIFICATION OF PLAN AFTER CONFIRMA- Human Services on January 27, 2020, with re-
this section. TION.—Section 1329 of title 11, United States spect to the 2019 Novel Coronavirus.
SEC. 1113. BANKRUPTCY. Code, is amended by adding at end the fol- (3) COVERED INDIVIDUAL.—The term ‘‘cov-
(a) SMALL BUSINESS DEBTOR REORGANIZA- lowing: ered individual’’—
TION.— ‘‘(d)(1) Subject to paragraph (3), for a plan (A) means an individual who—
(1) IN GENERAL.—Section 1182(1) of title 11, confirmed prior to the date of enactment of (i) is not eligible for regular compensation
United States Code, is amended to read as this subsection, the plan may be modified or extended benefits under State or Federal
follows: upon the request of the debtor if— law or pandemic emergency unemployment
‘‘(1) DEBTOR.—The term ‘debtor’— ‘‘(A) the debtor is experiencing or has expe- compensation under section 2107, including
‘‘(A) subject to subparagraph (B), means a rienced a material financial hardship due, di- an individual who has exhausted all rights to
person engaged in commercial or business rectly or indirectly, to the coronavirus dis- regular unemployment or extended benefits
activities (including any affiliate of such ease 2019 (COVID–19) pandemic; and under State or Federal law or pandemic
person that is also a debtor under this title ‘‘(B) the modification is approved after no- emergency unemployment compensation
and excluding a person whose primary activ- tice and a hearing. under section 2107; and
ity is the business of owning single asset real ‘‘(2) A plan modified under paragraph (1) (ii) provides self-certification that the in-
estate) that has aggregate noncontingent may not provide for payments over a period dividual—
liquidated secured and unsecured debts as of that expires more than 7 years after the time (I) is otherwise able to work and available
the date of the filing of the petition or the that the first payment under the original for work within the meaning of applicable
date of the order for relief in an amount not confirmed plan was due. State law, except the individual is unem-
more than $7,500,000 (excluding debts owed to ‘‘(3) Sections 1322(a), 1322(b), 1323(c), and ployed, partially unemployed, or unable or
1 or more affiliates or insiders) not less than the requirements of section 1325(a) shall unavailable to work because—
50 percent of which arose from the commer- apply to any modification under paragraph (aa) the individual has been diagnosed with
cial or business activities of the debtor; and (1).’’. COVID–19 or is experiencing symptoms of
‘‘(B) does not include— (D) APPLICABILITY.— COVID–19 and seeking a medical diagnosis;
‘‘(i) any member of a group of affiliated (i) The amendments made by subpara- (bb) a member of the individual’s house-
debtors that has aggregate noncontingent graphs (A) and (B) shall apply to any case hold has been diagnosed with COVID–19;
liquidated secured and unsecured debts in an commenced before, on, or after the date of (cc) the individual is providing care for a
amount greater than $7,500,000 (excluding enactment of this Act. family member or a member of the individ-
debt owed to 1 or more affiliates or insiders); (ii) The amendment made by subparagraph ual’s household who has been diagnosed with
‘‘(ii) any debtor that is a corporation sub- (C) shall apply to any case for which a plan COVID–19;
ject to the reporting requirements under sec- has been confirmed under section 1325 of title (dd) a child or other person in the house-
tion 13 or 15(d) of the Securities Exchange 11, United States Code, before the date of en- hold for which the individual has primary
Act of 1934 (15 U.S.C. 78m, 78o(d)); or actment of this Act. caregiving responsibility is unable to attend
‘‘(iii) any debtor that is an affiliate of an (2) SUNSET.— school or another facility that is closed as a
issuer, as defined in section 3 of the Securi- (A) IN GENERAL.— direct result of the COVID-19 public health
ties Exchange Act of 1934 (15 U.S.C. 78c).’’. (i) EXCLUSION FROM CURRENT MONTHLY IN- emergency and such school or facility care is
(2) APPLICABILITY OF CHAPTERS.—Section COME.—Section 101(10A)(B)(ii) of title 11, required for the individual to work;
103(i) of title 11, United States Code, is United States Code, is amended— (ee) the individual is unable to reach the
amended by striking ‘‘small business debtor’’ (I) in subclause (III), by striking the semi- place of employment because of a quarantine
and inserting ‘‘debtor (as defined in section colon at the end and inserting ‘‘; and’’; imposed as a direct result of the COVID-19
1182)’’. (II) in subclause (IV), by striking ‘‘; and’’ public health emergency;
(3) APPLICATION OF AMENDMENT.—The and inserting a period; and (ff) the individual is unable to reach the
amendment made by paragraph (1) shall (III) by striking subclause (V). place of employment because the individual
apply only with respect to cases commenced (ii) CONFIRMATION OF PLAN.—Section has been advised by a health care provider to
dlhill on DSKBBY8HB2PROD with SENATE
under title 11, United States Code, on or 1325(b)(2) of title 11, United States Code, is self-quarantine due to concerns related to
after the date of enactment of this Act. amended by striking ‘‘payments made under COVID–19;
(4) TECHNICAL CORRECTIONS.— Federal law relating to the national emer- (gg) the individual was scheduled to com-
(A) DEFINITION OF SMALL BUSINESS DEBT- gency declared by the President under the mence employment and does not have a job
OR.—Section 101(51D)(B)(iii) of title 11, National Emergencies Act (50 U.S.C. 1601 et or is unable to reach the job as a direct re-
United States Code, is amended to read as seq.) with respect to the coronavirus disease sult of the COVID-19 public health emer-
follows: 2019 (COVID–19),’’. gency;
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2073
(hh) the individual has become the bread- (1) IN GENERAL.—The assistance authorized as may be agreed upon by the Secretary and
winner or major support for a household be- under subsection (b) for a week of unemploy- the State agency of the State involved.
cause the head of the household has died as ment, partial unemployment, or inability to (g) FUNDING.—
a direct result of COVID–19; work shall be— (1) ASSISTANCE.—
(ii) the individual has to quit his or her job (A)(i) the weekly benefit amount author- (A) IN GENERAL.—Funds in the extended
as a direct result of COVID–19; ized under the unemployment compensation unemployment compensation account (as es-
(jj) the individual’s place of employment is law of the State where the covered indi- tablished by section 905(a) of the Social Se-
closed as a direct result of the COVID–19 vidual was employed, except that the curity Act (42 U.S.C. 1105(a)) of the Unem-
public health emergency; or amount may not be less than the minimum ployment Trust Fund (as established by sec-
(kk) the individual meets any additional weekly benefit amount described in section tion 904(a) of such Act (42 U.S.C. 1104(a))
criteria established by the Secretary for un- 625.6 of title 20, Code of Federal Regulations, shall be used to make payments to States
employment assistance under this section; or or any successor thereto; and pursuant to subsection (f)(2)(A).
(II) is self-employed, is seeking part-time (ii) the amount of Federal Pandemic Un- (B) TRANSFER OF FUNDS.—Notwithstanding
employment, does not have sufficient work employment Compensation under section any other provision of law, the Secretary of
history, or otherwise would not qualify for 2104; and the Treasury shall transfer from the general
regular unemployment or extended benefits (B) in the case of an increase of the weekly fund of the Treasury (from funds not other-
under State or Federal law or pandemic benefit amount after the date of enactment wise appropriated) to the extended unem-
emergency unemployment compensation of this Act, increased in an amount equal to ployment compensation account such sums
under section 2107 and meets the require- such increase. as the Secretary of Labor estimates to be
ments of subclause (I); and (2) CALCULATIONS OF AMOUNTS FOR CERTAIN necessary to make payments described in
(B) does not include— COVERED INDIVIDUALS.—In the case of a cov- subparagraph (A). There are appropriated
(i) an individual who has the ability to ered individual who is self-employed, who from the general fund of the Treasury, with-
telework with pay; or lives in a territory described in subsection out fiscal year limitation, the sums referred
(ii) an individual who is receiving paid sick (c) or (d) of section 625.6 of title 20, Code of to in the preceding sentence and such sums
leave or other paid leave benefits, regardless Federal Regulations, or who would not oth- shall not be required to be repaid.
of whether the individual meets a qualifica- erwise qualify for unemployment compensa- (2) ADMINISTRATIVE EXPENSES.—
tion described in items (aa) through (kk) of tion under State law, the assistance author- (A) IN GENERAL.—Funds in the employment
subparagraph (A)(i)(I). ized under subsection (b) for a week of unem- security administration account (as estab-
(4) SECRETARY.—The term ‘‘Secretary’’ ployment shall be calculated in accordance lished by section 901(a) of the Social Secu-
means the Secretary of Labor. with section 625.6 of title 20, Code of Federal rity Act (42 U.S.C. 1105(a)) of the Unemploy-
(5) STATE.—The term ‘‘State’’ includes the Regulations, or any successor thereto, and ment Trust Fund (as established by section
District of Columbia, the Commonwealth of shall be increased by the amount of Federal 904(a) of such Act (42 U.S.C. 1104(a)) shall be
Puerto Rico, the Virgin Islands, Guam, Pandemic Unemployment Compensation used to make payments to States pursuant
American Samoa, the Commonwealth of the under section 2104. to subsection (f)(2)(B).
Northern Mariana Islands, the Federated (3) ALLOWABLE METHODS OF PAYMENT.—Any (B) TRANSFER OF FUNDS.—Notwithstanding
States of Micronesia, the Republic of the assistance provided for in accordance with any other provision of law, the Secretary of
Marshall Islands, and the Republic of Palau. paragraph (1)(A)(ii) shall be payable either— the Treasury shall transfer from the general
(A) as an amount which is paid at the same fund of the Treasury (from funds not other-
(b) ASSISTANCE FOR UNEMPLOYMENT AS A
time and in the same manner as the assist- wise appropriated) to the employment secu-
RESULT OF COVID-19.—Subject to subsection
ance provided for in paragraph (1)(A)(i) is rity administration account such sums as
(c), the Secretary shall provide to any cov-
payable for the week involved; or the Secretary of Labor estimates to be nec-
ered individual unemployment benefit assist-
(B) at the option of the State, by payments essary to make payments described in sub-
ance while such individual is unemployed,
which are made separately from, but on the paragraph (A). There are appropriated from
partially unemployed, or unable to work for
same weekly basis as, any assistance pro- the general fund of the Treasury, without
the weeks of such unemployment with re-
vided for in paragraph (1)(A)(i). fiscal year limitation, the sums referred to
spect to which the individual is not entitled (e) WAIVER OF STATE REQUIREMENT.—Not-
to any other unemployment compensation in the preceding sentence and such sums
withstanding State law, for purposes of as- shall not be required to be repaid.
(as that term is defined in section 85(b) of sistance authorized under this section, com-
title 26, United States Code) or waiting pe- (3) CERTIFICATIONS.—The Secretary of
pensation under this Act shall be made to an
riod credit. Labor shall from time to time certify to the
individual otherwise eligible for such com-
(c) APPLICABILITY.— Secretary of the Treasury for payment to
pensation without any waiting period.
(1) IN GENERAL.—Except as provided in (f) AGREEMENTS WITH STATES.— each State the sums payable to such State
paragraph (2), the assistance authorized (1) IN GENERAL.—The Secretary shall pro- under paragraphs (1) and (2).
under subsection (b) shall be available to a (h) RELATIONSHIP BETWEEN PANDEMIC UN-
vide the assistance authorized under sub-
EMPLOYMENT ASSISTANCE AND DISASTER UN-
covered individual— section (b) through agreements with States
EMPLOYMENT ASSISTANCE.—Except as other-
(A) for weeks of unemployment, partial un- which, in the judgment of the Secretary, wise provided in this section or to the extent
employment, or inability to work caused by have an adequate system for administering there is a conflict between this section and
COVID–19— such assistance through existing State agen- section 625 of title 20, Code of Federal Regu-
(i) beginning on or after January 27, 2020; cies. lations, such section 625 shall apply to this
and (2) PAYMENTS TO STATES.—There shall be section as if—
(ii) ending on or before December 31, 2020; paid to each State which has entered into an (1) the term ‘‘COVID–19 public health
and agreement under this subsection an amount emergency’’ were substituted for the term
(B) subject to subparagraph (A)(ii), as long equal to 100 percent of— ‘‘major disaster’’ each place it appears in
as the covered individual’s unemployment, (A) the total amount of assistance provided such section 625; and
partial unemployment, or inability to work by the State pursuant to such agreement; (2) the term ‘‘pandemic’’ were substituted
caused by COVID–19 continues. and for the term ‘‘disaster’’ each place it appears
(2) LIMITATION ON DURATION OF ASSIST- (B) any additional administrative expenses in such section 625.
ANCE.—The total number of weeks for which incurred by the State by reason of such SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF
a covered individual may receive assistance agreement (as determined by the Secretary), FOR GOVERNMENTAL ENTITIES AND
under this section shall not exceed 39 weeks including any administrative expenses nec- NONPROFIT ORGANIZATIONS.
and such total shall include any week for essary to facilitate processing of applica- (a) FLEXIBILITY IN PAYING REIMBURSE-
which the covered individual received reg- tions for assistance under this section online MENT.—The Secretary of Labor may issue
ular compensation or extended benefits or by telephone rather than in-person. clarifying guidance to allow States to inter-
under any Federal or State law, except that (3) TERMS OF PAYMENTS.—Sums payable to pret their State unemployment compensa-
if after the date of enactment of this Act, any State by reason of such State’s having tion laws in a manner that would provide
the duration of extended benefits is ex- an agreement under this subsection shall be maximum flexibility to reimbursing employ-
tended, the 39-week period described in this payable, either in advance or by way of reim- ers as it relates to timely payment and as-
paragraph shall be extended by the number bursement (as determined by the Secretary), sessment of penalties and interest pursuant
of weeks that is equal to the number of in such amounts as the Secretary estimates to such State laws.
weeks by which the extended benefits were the State will be entitled to receive under (b) FEDERAL FUNDING.—Section 903 of the
extended. this subsection for each calendar month, re- Social Security Act (42 U.S.C. 1103) is amend-
dlhill on DSKBBY8HB2PROD with SENATE
(3) ASSISTANCE FOR UNEMPLOYMENT BEFORE duced or increased, as the case may be, by ed by adding at the end the following:
DATE OF ENACTMENT.—The Secretary shall es- any amount by which the Secretary finds ‘‘Transfers for Federal Reimbursement of
tablish a process for making assistance that his estimates for any prior calendar State Unemployment Funds
under this section available for weeks begin- month were greater or less than the amounts ‘‘(i)(1)(A) In addition to any other
ning on or after January 27, 2020, and before which should have been paid to the State. amounts, the Secretary of Labor shall pro-
the date of enactment of this Act. Such estimates may be made on the basis of vide for the transfer of funds during the ap-
(d) AMOUNT OF ASSISTANCE.— such statistical, sampling, or other method plicable period to the accounts of the States
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2074 CONGRESSIONAL RECORD — SENATE March 25, 2020
in the Unemployment Trust Fund, by trans- (c) NONREDUCTION RULE.— law relating to fraud in connection with a
fer from amounts reserved for that purpose (1) IN GENERAL.—An agreement under this claim for unemployment compensation; and
in the Federal unemployment account, in ac- section shall not apply (or shall cease to (B) shall be subject to prosecution under
cordance with the succeeding provisions of apply) with respect to a State upon a deter- section 1001 of title 18, United States Code.
this subsection. mination by the Secretary that the method (2) REPAYMENT.—In the case of individuals
‘‘(B) The amount of funds transferred to governing the computation of regular com- who have received amounts of Federal Pan-
the account of a State under subparagraph pensation under the State law of that State demic Unemployment Compensation to
(A) during the applicable period shall, as de- has been modified in a manner such that the which they were not entitled, the State shall
termined by the Secretary of Labor, be equal number of weeks (the maximum benefit enti- require such individuals to repay the
to one-half of the amounts of compensation tlement), or the average weekly benefit amounts of such Federal Pandemic Unem-
(as defined in section 3306(h) of the Internal amount, of regular compensation which will ployment Compensation to the State agency,
Revenue Code of 1986) attributable under the be payable during the period of the agree- except that the State agency may waive
State law to service to which section ment (determined disregarding any Federal such repayment if it determines that—
3309(a)(1) of such Code applies that were paid Pandemic Unemployment Compensation) (A) the payment of such Federal Pandemic
by the State for weeks of unemployment be- will be less than the number of weeks, or the Unemployment Compensation was without
ginning and ending during such period. Such average weekly benefit amount, of the aver- fault on the part of any such individual; and
transfers shall be made at such times as the age weekly benefit amount of regular com- (B) such repayment would be contrary to
Secretary of Labor considers appropriate. pensation which would otherwise have been
‘‘(C) Notwithstanding any other law, funds equity and good conscience.
payable during such period under the State (3) RECOVERY BY STATE AGENCY.—
transferred to the account of a State under law, as in effect on January 1, 2020.
subparagraph (A) shall be used exclusively to (A) IN GENERAL.—The State agency shall
(2) MAXIMUM BENEFIT ENTITLEMENT.—In recover the amount to be repaid, or any part
reimburse governmental entities and other paragraph (1), the term ‘‘maximum benefit
organizations described in section 3309(a)(2) thereof, by deductions from any Federal
entitlement’’ means the amount of regular Pandemic Unemployment Compensation
of such Code for amounts paid (in lieu of con- unemployment compensation payable to an
tributions) into the State unemployment payable to such individual or from any un-
individual with respect to the individual’s employment compensation payable to such
fund pursuant to such section.
benefit year. individual under any State or Federal unem-
‘‘(D) For purposes of this paragraph, the
(d) PAYMENTS TO STATES.— ployment compensation law administered by
term ‘applicable period’ means the period be-
(1) IN GENERAL.— the State agency or under any other State or
ginning on March 13, 2020, and ending on De-
(A) FULL REIMBURSEMENT.—There shall be
cember 31, 2020. Federal law administered by the State agen-
‘‘(2)(A) Notwithstanding any other provi- paid to each State which has entered into an
cy which provides for the payment of any as-
sion of law, the Secretary of the Treasury agreement under this section an amount
sistance or allowance with respect to any
shall transfer from the general fund of the equal to 100 percent of—
week of unemployment, during the 3-year pe-
Treasury (from funds not otherwise appro- (i) the total amount of Federal Pandemic
riod after the date such individuals received
priated) to the Federal unemployment ac- Unemployment Compensation paid to indi-
the payment of the Federal Pandemic Unem-
count such sums as the Secretary of Labor viduals by the State pursuant to such agree-
ployment Compensation to which they were
estimates to be necessary for purposes of ment; and
not entitled, in accordance with the same
making the transfers described in paragraph (ii) any additional administrative expenses
procedures as apply to the recovery of over-
(1). incurred by the State by reason of such
payments of regular unemployment benefits
‘‘(B) There are appropriated from the gen- agreement (as determined by the Secretary).
paid by the State.
eral fund of the Treasury, without fiscal year (B) TERMS OF PAYMENTS.—Sums payable to
(B) OPPORTUNITY FOR HEARING.—No repay-
limitation, the sums referred to in subpara- any State by reason of such State’s having
ment shall be required, and no deduction
graph (A) and such sums shall not be re- an agreement under this section shall be
shall be made, until a determination has
quired to be repaid.’’. payable, either in advance or by way of reim-
been made, notice thereof and an oppor-
SEC. 2104. EMERGENCY INCREASE IN UNEMPLOY- bursement (as determined by the Secretary),
tunity for a fair hearing has been given to
MENT COMPENSATION BENEFITS. in such amounts as the Secretary estimates
the individual, and the determination has be-
(a) FEDERAL-STATE AGREEMENTS.—Any the State will be entitled to receive under
come final.
State which desires to do so may enter into this section for each calendar month, re-
and participate in an agreement under this (4) REVIEW.—Any determination by a State
duced or increased, as the case may be, by
section with the Secretary of Labor (in this agency under this section shall be subject to
any amount by which the Secretary finds
section referred to as the ‘‘Secretary’’). Any review in the same manner and to the same
that his estimates for any prior calendar
State which is a party to an agreement extent as determinations under the State un-
month were greater or less than the amounts
under this section may, upon providing 30 employment compensation law, and only in
which should have been paid to the State.
days’ written notice to the Secretary, termi- that manner and to that extent.
Such estimates may be made on the basis of (g) APPLICATION TO OTHER UNEMPLOYMENT
nate such agreement. such statistical, sampling, or other method
(b) PROVISIONS OF AGREEMENT.— BENEFITS.—Each agreement under this sec-
as may be agreed upon by the Secretary and tion shall include provisions to provide that
(1) FEDERAL PANDEMIC UNEMPLOYMENT COM- the State agency of the State involved.
PENSATION.—Any agreement under this sec-
the purposes of the preceding provisions of
(2) CERTIFICATIONS.—The Secretary shall this section shall be applied with respect to
tion shall provide that the State agency of from time to time certify to the Secretary of unemployment benefits described in sub-
the State will make payments of regular the Treasury for payment to each State the section (i)(2) to the same extent and in the
compensation to individuals in amounts and sums payable to such State under this sec- same manner as if those benefits were reg-
to the extent that they would be determined tion. ular compensation.
if the State law of the State were applied, (3) APPROPRIATION.—There are appro- (h) DISREGARD OF ADDITIONAL COMPENSA-
with respect to any week for which the indi- priated from the general fund of the Treas- TION FOR PURPOSES OF MEDICAID AND CHIP.—
vidual is (disregarding this section) other- ury, without fiscal year limitation, such The monthly equivalent of any Federal pan-
wise entitled under the State law to receive sums as may be necessary for purposes of demic unemployment compensation paid to
regular compensation, as if such State law this subsection. an individual under this section shall be dis-
had been modified in a manner such that the (e) APPLICABILITY.—An agreement entered regarded when determining income for any
amount of regular compensation (including into under this section shall apply to weeks purpose under the programs established
dependents’ allowances) payable for any of unemployment— under titles XIX and title XXI of the Social
week shall be equal to— (1) beginning after the date on which such Security Act (42 U.S.C. 1396 et seq., 1397aa et
(A) the amount determined under the agreement is entered into; and seq.) .
State law (before the application of this (2) ending on or before July 31, 2020. (i) DEFINITIONS.—For purposes of this sec-
paragraph), plus (f) FRAUD AND OVERPAYMENTS.— tion—
(B) an additional amount of $600 (in this (1) IN GENERAL.—If an individual knowingly (1) the terms ‘‘compensation’’, ‘‘regular
section referred to as ‘‘Federal Pandemic has made, or caused to be made by another, compensation’’, ‘‘benefit year’’, ‘‘State’’,
Unemployment Compensation’’). a false statement or representation of a ma- ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’
(2) ALLOWABLE METHODS OF PAYMENT.—Any terial fact, or knowingly has failed, or have the respective meanings given such
Federal Pandemic Unemployment Com- caused another to fail, to disclose a material terms under section 205 of the Federal-State
pensation provided for in accordance with fact, and as a result of such false statement Extended Unemployment Compensation Act
paragraph (1) shall be payable either— or representation or of such nondisclosure of 1970 (26 U.S.C. 3304 note); and
(A) as an amount which is paid at the same such individual has received an amount of (2) any reference to unemployment bene-
dlhill on DSKBBY8HB2PROD with SENATE
time and in the same manner as any regular Federal Pandemic Unemployment Com- fits described in this paragraph shall be con-
compensation otherwise payable for the pensation to which such individual was not sidered to refer to—
week involved; or entitled, such individual— (A) extended compensation (as defined by
(B) at the option of the State, by payments (A) shall be ineligible for further Federal section 205 of the Federal-State Extended
which are made separately from, but on the Pandemic Unemployment Compensation in Unemployment Compensation Act of 1970);
same weekly basis as, any regular compensa- accordance with the provisions of the appli- (B) regular compensation (as defined by
tion otherwise payable. cable State unemployment compensation section 85(b) of the Internal Revenue Code of
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2075
1986) provided under any program adminis- rity Act (42 U.S.C. 1105(a)) of the Unemploy- other State unemployment compensation
tered by a State under an agreement with ment Trust Fund (as established by section law or to compensation under any other Fed-
the Secretary; 904(a) of such Act (42 U.S.C. 1104(a)) shall be eral law;
(C) pandemic unemployment assistance used to make payments to States pursuant (C) are not receiving compensation with
under section 2102; and to subsection (c)(1)(B). respect to such week under the unemploy-
(D) pandemic emergency unemployment (B) TRANSFER OF FUNDS.—Notwithstanding ment compensation law of Canada; and
compensation under section 2107. any other provision of law, the Secretary of (D) are able to work, available to work,
SEC. 2105. TEMPORARY FULL FEDERAL FUNDING the Treasury shall transfer from the general and actively seeking work.
OF THE FIRST WEEK OF COMPEN- fund of the Treasury (from funds not other- (3) EXHAUSTION OF BENEFITS.—For purposes
SABLE REGULAR UNEMPLOYMENT wise appropriated) to the employment secu- of paragraph (2)(A), an individual shall be
FOR STATES WITH NO WAITING rity administration account such sums as
WEEK.
deemed to have exhausted such individual’s
the Secretary of Labor estimates to be nec- rights to regular compensation under a State
(a) FEDERAL-STATE AGREEMENTS.—Any
essary to make payments described in sub- law when—
State which desires to do so may enter into
paragraph (A). There are appropriated from (A) no payments of regular compensation
and participate in an agreement under this
the general fund of the Treasury, without can be made under such law because such in-
section with the Secretary of Labor (in this
fiscal year limitation, the sums referred to dividual has received all regular compensa-
section referred to as the ‘‘Secretary’’). Any
in the preceding sentence and such sums tion available to such individual based on
State which is a party to an agreement
shall not be required to be repaid. employment or wages during such individ-
under this section may, upon providing 30
(3) CERTIFICATIONS.—The Secretary shall ual’s base period; or
days’ written notice to the Secretary, termi-
from time to time certify to the Secretary of (B) such individual’s rights to such com-
nate such agreement.
the Treasury for payment to each State the pensation have been terminated by reason of
(b) REQUIREMENT THAT STATE LAW DOES
sums payable to such State under this sec- the expiration of the benefit year with re-
NOT APPLY A WAITING WEEK.—A State is eli-
tion. spect to which such rights existed.
gible to enter into an agreement under this
(e) APPLICABILITY.—An agreement entered (4) WEEKLY BENEFIT AMOUNT, ETC.—For pur-
section if the State law (including a waiver
into under this section shall apply to weeks poses of any agreement under this section—
of State law) provides that compensation is
of unemployment— (A) the amount of pandemic emergency un-
paid to individuals for their first week of
(1) beginning after the date on which such employment compensation which shall be
regular unemployment without a waiting
agreement is entered into; and payable to any individual for any week of
week. An agreement under this section shall
(2) ending on or before December 31, 2020. total unemployment shall be equal to—
not apply (or shall cease to apply) with re-
(f) FRAUD AND OVERPAYMENTS.—The provi- (i) the amount of the regular compensation
spect to a State upon a determination by the
sions of section 2107(e) shall apply with re- (including dependents’ allowances) payable
Secretary that the State law no longer
spect to compensation paid under an agree- to such individual during such individual’s
meets the requirement under the preceding
ment under this section to the same extent benefit year under the State law for a week
sentence.
(c) PAYMENTS TO STATES.— and in the same manner as in the case of of total unemployment; and
(1) FULL REIMBURSEMENT.—There shall be pandemic emergency unemployment com- (ii) the amount of Federal Pandemic Un-
paid to each State which has entered into an pensation under such section. employment Compensation under section
agreement under this section an amount (g) DEFINITIONS.—For purposes of this sec- 2104;
equal to 100 percent of— tion, the terms ‘‘regular compensation’’, (B) the terms and conditions of the State
(A) the total amount of regular compensa- ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and law which apply to claims for regular com-
tion paid to individuals by the State for ‘‘week’’ have the respective meanings given pensation and to the payment thereof (in-
their first week of regular unemployment; such terms under section 205 of the Federal- cluding terms and conditions relating to
and State Extended Unemployment Compensa- availability for work, active search for work,
(B) any additional administrative expenses tion Act of 1970 (26 U.S.C. 3304 note). and refusal to accept work) shall apply to
incurred by the State by reason of such SEC. 2106. EMERGENCY STATE STAFFING FLEXI- claims for pandemic emergency unemploy-
agreement (as determined by the Secretary). BILITY. ment compensation and the payment there-
(2) TERMS OF PAYMENTS.—Sums payable to Section 4102(b) of the Emergency Unem- of, except where otherwise inconsistent with
any State by reason of such State’s having ployment Stabilization and Access Act of the provisions of this section or with the reg-
an agreement under this section shall be 2020 (contained in division D of the Families ulations or operating instructions of the Sec-
payable, either in advance or by way of reim- First Coronavirus Response Act) is amend- retary promulgated to carry out this section;
bursement (as determined by the Secretary), ed— (C) the maximum amount of pandemic
in such amounts as the Secretary estimates (1) by striking ‘‘or employer experience emergency unemployment compensation
the State will be entitled to receive under rating’’ and inserting ‘‘employer experience payable to any individual for whom an pan-
this section for each calendar month, re- rating, or, subject to the succeeding sen- demic emergency unemployment compensa-
duced or increased, as the case may be, by tence, personnel standards on a merit basis’’; tion account is established under subsection
any amount by which the Secretary finds and (b) shall not exceed the amount established
that his estimates for any prior calendar (2) by adding at the end the following new in such account for such individual; and
month were greater or less than the amounts sentence: ‘‘The emergency flexibility for per- (D) the allowable methods of payment
which should have been paid to the State. sonnel standards on a merit basis shall only under section 2104(b)(2) shall apply to pay-
Such estimates may be made on the basis of apply through December 31, 2020, and is lim- ments of amounts described in subparagraph
such statistical, sampling, or other method ited to engaging of temporary staff, rehiring (A)(ii).
as may be agreed upon by the Secretary and of retirees or former employees on a non- (5) COORDINATION RULE.—An agreement
the State agency of the State involved. competitive basis, and other temporary ac- under this section shall apply with respect to
(d) FUNDING.— tions to quickly process applications and a State only upon a determination by the
(1) COMPENSATION.— claims.’’. Secretary that, under the State law or other
(A) IN GENERAL.—Funds in the Federal un- SEC. 2107. PANDEMIC EMERGENCY UNEMPLOY- applicable rules of such State, the payment
employment account (as established by sec- MENT COMPENSATION. of extended compensation for which an indi-
tion 905(g)) of the Unemployment Trust Fund (a) FEDERAL-STATE AGREEMENTS.— vidual is otherwise eligible must be deferred
(as established by section 904(a)) shall be (1) IN GENERAL.—Any State which desires until after the payment of any pandemic
used to make payments under subsection to do so may enter into and participate in an emergency unemployment compensation
(c)(1)(A). agreement under this section with the Sec- under subsection (b) for which the individual
(B) TRANSFER OF FUNDS.—Notwithstanding retary of Labor (in this section referred to as is concurrently eligible.
any other provision of law, the Secretary of the ‘‘Secretary’’). Any State which is a party (6) NONREDUCTION RULE.—
the Treasury shall transfer from the general to an agreement under this section may, (A) IN GENERAL.—An agreement under this
fund of the Treasury (from funds not other- upon providing 30 days’ written notice to the section shall not apply (or shall cease to
wise appropriated) to the Federal unemploy- Secretary, terminate such agreement. apply) with respect to a State upon a deter-
ment account such sums as the Secretary of (2) PROVISIONS OF AGREEMENT.—Any agree- mination by the Secretary that the method
Labor estimates to be necessary to make ment under paragraph (1) shall provide that governing the computation of regular com-
payments described in subparagraph (A). the State agency of the State will make pay- pensation under the State law of that State
There are appropriated from the general fund ments of pandemic emergency unemploy- has been modified in a manner such that the
of the Treasury, without fiscal year limita- ment compensation to individuals who— number of weeks (the maximum benefit enti-
dlhill on DSKBBY8HB2PROD with SENATE
tion, the sums referred to in the preceding (A) have exhausted all rights to regular tlement), or the average weekly benefit
sentence and such sums shall not be required compensation under the State law or under amount, of regular compensation which will
to be repaid. Federal law with respect to a benefit year be payable during the period of the agree-
(2) ADMINISTRATIVE EXPENSES.— (excluding any benefit year that ended be- ment will be less than the number of weeks,
(A) IN GENERAL.—Funds in the employment fore July1, 2019); or the average weekly benefit amount, of the
security administration account (as estab- (B) have no rights to regular compensation average weekly benefit amount of regular
lished by section 901(a) of the Social Secu- with respect to a week under such law or any compensation which would otherwise have
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2076 CONGRESSIONAL RECORD — SENATE March 25, 2020
been payable during such period under the be payable, either in advance or by way of individual was not entitled, such indi-
State law, as in effect on January 1, 2020. reimbursement (as may be determined by the vidual—
(B) MAXIMUM BENEFIT ENTITLEMENT.—In Secretary), in such amounts as the Secretary (A) shall be ineligible for further pandemic
subparagraph (A), the term ‘‘maximum ben- estimates the State will be entitled to re- emergency unemployment compensation
efit entitlement’’ means the amount of reg- ceive under this section for each calendar under this section in accordance with the
ular unemployment compensation payable to month, reduced or increased, as the case may provisions of the applicable State unemploy-
an individual with respect to the individual’s be, by any amount by which the Secretary ment compensation law relating to fraud in
benefit year. finds that the Secretary’s estimates for any connection with a claim for unemployment
(7) ACTIVELY SEEKING WORK.— prior calendar month were greater or less compensation; and
(A) IN GENERAL.—Subject to subparagraph than the amounts which should have been (B) shall be subject to prosecution under
(C), for purposes of paragraph (2)(D), the paid to the State. Such estimates may be section 1001 of title 18, United States Code.
term ‘‘actively seeking work’’ means, with made on the basis of such statistical, sam- (2) REPAYMENT.—In the case of individuals
respect to any individual, that such indi- pling, or other method as may be agreed who have received amounts of pandemic
vidual— upon by the Secretary and the State agency emergency unemployment compensation
(i) is registered for employment services in of the State involved. under this section to which they were not
such a manner and to such extent as pre- (d) FINANCING PROVISIONS.— entitled, the State shall require such individ-
scribed by the State agency; (1) COMPENSATION.— uals to repay the amounts of such pandemic
(ii) has engaged in an active search for em- (A) IN GENERAL.—Funds in the extended emergency unemployment compensation to
ployment that is appropriate in light of the unemployment compensation account (as es- the State agency, except that the State
employment available in the labor market, tablished by section 905(a) of the Social Se- agency may waive such repayment if it de-
the individual’s skills and capabilities, and curity Act (42 U.S.C. 1105(a)) of the Unem- termines that—
includes a number of employer contacts that ployment Trust Fund (as established by sec- (A) the payment of such pandemic emer-
is consistent with the standards commu- tion 904(a) of such Act (42 U.S.C. 1104(a)) gency unemployment compensation was
nicated to the individual by the State; shall be used for the making of payments to without fault on the part of any such indi-
(iii) has maintained a record of such work States having agreements entered into under vidual; and
search, including employers contacted, this section. (B) such repayment would be contrary to
method of contact, and date contacted; and (B) TRANSFER OF FUNDS.—Notwithstanding equity and good conscience.
(iv) when requested, has provided such any other provision of law, the Secretary of (3) RECOVERY BY STATE AGENCY.—
work search record to the State agency. the Treasury shall transfer from the general (A) IN GENERAL.—The State agency shall
(B) FLEXIBILITY.—Notwithstanding the re- fund of the Treasury (from funds not other-
recover the amount to be repaid, or any part
quirements under subparagraph (A) and wise appropriated) to the extended unem-
thereof, by deductions from any pandemic
paragraph (2)(D), a State shall provide flexi- ployment compensation account such sums
emergency unemployment compensation
bility in meeting such requirements in case as the Secretary of Labor estimates to be
payable to such individual under this section
of individuals unable to search for work be- necessary to make payments described in
or from any unemployment compensation
cause of COVID-19, including because of ill- subparagraph (A). There are appropriated
payable to such individual under any State
ness, quarantine, or movement restriction. from the general fund of the Treasury, with-
or Federal unemployment compensation law
(b) PANDEMIC EMERGENCY UNEMPLOYMENT out fiscal year limitation, the sums referred
COMPENSATION ACCOUNT.— administered by the State agency or under
to in the preceding sentence and such sums
(1) IN GENERAL.—Any agreement under this shall not be required to be repaid. any other State or Federal law administered
section shall provide that the State will es- (2) ADMINISTRATION.— by the State agency which provides for the
tablish, for each eligible individual who files (A) IN GENERAL.—There are appropriated payment of any assistance or allowance with
an application for pandemic emergency un- out of the employment security administra- respect to any week of unemployment, dur-
employment compensation, an pandemic tion account (as established by section 901(a) ing the 3-year period after the date such in-
emergency unemployment compensation ac- of the Social Security Act (42 U.S.C. 1101(a)) dividuals received the payment of the pan-
count with respect to such individual’s ben- of the Unemployment Trust Fund, without demic emergency unemployment compensa-
efit year. fiscal year limitation, such funds as may be tion to which they were not entitled, in ac-
(2) AMOUNT IN ACCOUNT.—The amount es- necessary for purposes of assisting States (as cordance with the same procedures as apply
tablished in an account under subsection (a) provided in title III of the Social Security to the recovery of overpayments of regular
shall be equal to 13 times the individual’s av- Act (42 U.S.C. 501 et seq.)) in meeting the unemployment benefits paid by the State.
erage weekly benefit amount, which includes costs of administration of agreements under (B) OPPORTUNITY FOR HEARING.—No repay-
the amount of Federal Pandemic Unemploy- this section. ment shall be required, and no deduction
ment Compensation under section 2104, for (B) TRANSFER OF FUNDS.—Notwithstanding shall be made, until a determination has
the benefit year. any other provision of law, the Secretary of been made, notice thereof and an oppor-
(3) WEEKLY BENEFIT AMOUNT.—For purposes the Treasury shall transfer from the general tunity for a fair hearing has been given to
of this subsection, an individual’s weekly fund of the Treasury (from funds not other- the individual, and the determination has be-
benefit amount for any week is the amount wise appropriated) to the employment secu- come final.
of regular compensation (including depend- rity administration account such sums as (4) REVIEW.—Any determination by a State
ents’ allowances) under the State law pay- the Secretary of Labor estimates to be nec- agency under this section shall be subject to
able to such individual for such week for essary to make payments described in sub- review in the same manner and to the same
total unemployment plus the amount of Fed- paragraph (A). There are appropriated from extent as determinations under the State un-
eral Pandemic Unemployment Compensation the general fund of the Treasury, without employment compensation law, and only in
under section 2104. fiscal year limitation, the sums referred to that manner and to that extent.
(c) PAYMENTS TO STATES HAVING AGREE- in the preceding sentence and such sums (f) DEFINITIONS.—In this section, the terms
MENTS FOR THE PAYMENT OF PANDEMIC EMER- shall not be required to be repaid. ‘‘compensation’’, ‘‘regular compensation’’,
GENCY UNEMPLOYMENT COMPENSATION.— (3) CERTIFICATION.—The Secretary shall ‘‘extended compensation’’, ‘‘benefit year’’,
(1) IN GENERAL.—There shall be paid to from time to time certify to the Secretary of ‘‘base period’’, ‘‘State’’, ‘‘State agency’’,
each State that has entered into an agree- the Treasury for payment to each State the ‘‘State law’’, and ‘‘week’’ have the respective
ment under this section an amount equal to sums payable to such State under this sub- meanings given such terms under section 205
100 percent of the pandemic emergency un- section. The Secretary of the Treasury, prior of the Federal-State Extended Unemploy-
employment compensation paid to individ- to audit or settlement by the Government ment Compensation Act of 1970 (26 U.S.C.
uals by the State pursuant to such agree- Accountability Office, shall make payments 3304 note).
ment. to the State in accordance with such certifi- (g) APPLICABILITY.—An agreement entered
(2) TREATMENT OF REIMBURSABLE COM- cation, by transfers from the extended unem- into under this section shall apply to weeks
PENSATION.—No payment shall be made to ployment compensation account (as so es- of unemployment—
any State under this section in respect of tablished) to the account of such State in (1) beginning after the date on which such
any compensation to the extent the State is the Unemployment Trust Fund (as so estab- agreement is entered into; and
entitled to reimbursement in respect of such lished). (2) ending on or before December 31, 2020.
compensation under the provisions of any (e) FRAUD AND OVERPAYMENTS.— SEC. 2108. TEMPORARY FINANCING OF SHORT-
Federal law other than this section or chap- (1) IN GENERAL.—If an individual knowingly TIME COMPENSATION PAYMENTS IN
ter 85 of title 5, United States Code. A State has made, or caused to be made by another, STATES WITH PROGRAMS IN LAW.
shall not be entitled to any reimbursement a false statement or representation of a ma- (a) PAYMENTS TO STATES.—
dlhill on DSKBBY8HB2PROD with SENATE
under such chapter 85 in respect of any com- terial fact, or knowingly has failed, or (1) IN GENERAL.—Subject to paragraph (3),
pensation to the extent the State is entitled caused another to fail, to disclose a material there shall be paid to a State an amount
to reimbursement under this section in re- fact, and as a result of such false statement equal to 100 percent of the amount of short-
spect of such compensation. or representation or of such nondisclosure time compensation paid under a short-time
(3) DETERMINATION OF AMOUNT.—Sums pay- such individual has received an amount of compensation program (as defined in section
able to any State by reason of such State pandemic emergency unemployment com- 3306(v) of the Internal Revenue Code of 1986)
having an agreement under this section shall pensation under this section to which such under the provisions of the State law.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2077
(2) TERMS OF PAYMENTS.—Payments made section may, upon providing 30 days’ written under section 3306(v) of the Internal Revenue
to a State under paragraph (1) shall be pay- notice to the Secretary, terminate such Code of 1986, the State—
able by way of reimbursement in such agreement. (1) shall not be eligible for payments under
amounts as the Secretary estimates the (b) PROVISIONS OF FEDERAL-STATE AGREE- this section for weeks of unemployment be-
State will be entitled to receive under this MENT.— ginning after the effective date of such State
section for each calendar month, reduced or (1) IN GENERAL.—Any agreement under this law; and
increased, as the case may be, by any section shall provide that the State agency (2) subject to section 2108(b)(2), shall be eli-
amount by which the Secretary finds that of the State will make payments of short- gible to receive payments under section 2108
the Secretary’s estimates for any prior cal- time compensation under a plan approved by after the effective date of such State law.
endar month were greater or less than the the State. Such plan shall provide that pay- (f) DEFINITIONS.—In this section:
amounts which should have been paid to the ments are made in accordance with the re- (1) SECRETARY.—The term ‘‘Secretary’’
State. Such estimates may be made on the quirements under section 3306(v) of the Inter- means the Secretary of Labor.
basis of such statistical, sampling, or other nal Revenue Code of 1986. (2) STATE; STATE AGENCY; STATE LAW.—The
method as may be agreed upon by the Sec- (2) LIMITATIONS ON PLANS.— terms ‘‘State’’, ‘‘State agency’’, and ‘‘State
retary and the State agency of the State in- (A) GENERAL PAYMENT LIMITATIONS.—A law’’ have the meanings given those terms in
volved. short-time compensation plan approved by a section 205 of the Federal-State Extended
(3) LIMITATIONS ON PAYMENTS.— State shall not permit the payment of short- Unemployment Compensation Act of 1970 (26
(A) GENERAL PAYMENT LIMITATIONS.—No time compensation to an individual by the U.S.C. 3304 note).
payments shall be made to a State under State during a benefit year in excess of 26 SEC. 2110. GRANTS FOR SHORT-TIME COMPENSA-
TION PROGRAMS.
this section for short-time compensation times the amount of regular compensation
paid to an individual by the State during a (a) GRANTS.—
(including dependents’ allowances) under the
benefit year in excess of 26 times the amount (1) FOR IMPLEMENTATION OR IMPROVED AD-
State law payable to such individual for a
MINISTRATION.—The Secretary shall award
of regular compensation (including depend- week of total unemployment.
grants to States that enact short-time com-
ents’ allowances) under the State law pay- (B) EMPLOYER LIMITATIONS.—A short-time
pensation programs (as defined in subsection
able to such individual for a week of total compensation plan approved by a State shall
(i)(2)) for the purpose of implementation or
unemployment. not provide payments to an individual if
improved administration of such programs.
(B) EMPLOYER LIMITATIONS.—No payments such individual is employed by the partici-
(2) FOR PROMOTION AND ENROLLMENT.—The
shall be made to a State under this section pating employer on a seasonal, temporary, Secretary shall award grants to States that
for benefits paid to an individual by the or intermittent basis. are eligible and submit plans for a grant
State under a short-time compensation pro- (3) EMPLOYER PAYMENT OF COSTS.—Any under paragraph (1) for such States to pro-
gram if such individual is employed by the short-time compensation plan entered into mote and enroll employers in short-time
participating employer on a seasonal, tem- by an employer must provide that the em- compensation programs (as so defined).
porary, or intermittent basis. ployer will pay the State an amount equal to (3) ELIGIBILITY.—
(b) APPLICABILITY.—Payments to a State one-half of the amount of short-time com-
under subsection (a) shall be available for (A) IN GENERAL.—The Secretary shall de-
pensation paid under such plan. Such termine eligibility criteria for the grants
weeks of unemployment— amount shall be deposited in the State’s un-
(1) beginning on or after the date of the en- under paragraphs (1) and (2).
employment fund and shall not be used for (B) CLARIFICATION.—A State administering
actment of this Act; and purposes of calculating an employer’s con-
(2) ending on or before December 31, 2020. a short-time compensation program that
tribution rate under section 3303(a)(1) of the does not meet the definition of a short-time
(c) NEW PROGRAMS.—Subject to subsection Internal Revenue Code of 1986.
(b)(2), if at any point after the date of the en- compensation program under section 3306(v)
(c) PAYMENTS TO STATES.— of the Internal Revenue Code of 1986, and a
actment of this Act the State enacts a State (1) IN GENERAL.—There shall be paid to
law providing for the payment of short-time State with an agreement under section 2109,
each State with an agreement under this sec- shall not be eligible to receive a grant under
compensation under a short-time compensa- tion an amount equal to—
tion program that meets the definition of this section until such time as the State law
(A) one-half of the amount of short-time of the State provides for payments under a
such a program under section 3306(v) of the compensation paid to individuals by the
Internal Revenue Code of 1986, the State short-time compensation program that
State pursuant to such agreement; and meets such definition and such law.
shall be eligible for payments under this sec-
(B) any additional administrative expenses (b) AMOUNT OF GRANTS.—
tion after the effective date of such enact-
incurred by the State by reason of such (1) IN GENERAL.—The maximum amount
ment.
(d) FUNDING AND CERTIFICATIONS.— agreement (as determined by the Secretary). available for making grants to a State under
(1) FUNDING.—There are appropriated, out (2) TERMS OF PAYMENTS.—Payments made paragraphs (1) and (2) shall be equal to the
of moneys in the Treasury not otherwise ap- to a State under paragraph (1) shall be pay- amount obtained by multiplying $100,000,000
propriated, such sums as may be necessary able by way of reimbursement in such (less the amount used by the Secretary
for purposes of carrying out this section. amounts as the Secretary estimates the under subsection (e)) by the same ratio as
(2) CERTIFICATIONS.—The Secretary shall State will be entitled to receive under this would apply under subsection (a)(2)(B) of sec-
from time to time certify to the Secretary of section for each calendar month, reduced or tion 903 of the Social Security Act (42 U.S.C.
the Treasury for payment to each State the increased, as the case may be, by any 1103) for purposes of determining such
sums payable to such State under this sec- amount by which the Secretary finds that State’s share of any excess amount (as de-
tion. the Secretary’s estimates for any prior cal- scribed in subsection (a)(1) of such section)
(e) DEFINITIONS.—In this section: endar month were greater or less than the that would have been subject to transfer to
(1) SECRETARY.—The term ‘‘Secretary’’ amounts which should have been paid to the State accounts, as of October 1, 2019, under
means the Secretary of Labor. State. Such estimates may be made on the the provisions of subsection (a) of such sec-
(2) STATE; STATE AGENCY; STATE LAW.—The basis of such statistical, sampling, or other tion.
terms ‘‘State’’, ‘‘State agency’’, and ‘‘State method as may be agreed upon by the Sec- (2) AMOUNT AVAILABLE FOR DIFFERENT
law’’ have the meanings given those terms in retary and the State agency of the State in- GRANTS.—Of the maximum incentive pay-
section 205 of the Federal-State Extended volved. ment determined under paragraph (1) with
Unemployment Compensation Act of 1970 (26 (3) FUNDING.—There are appropriated, out respect to a State—
U.S.C. 3304 note). of moneys in the Treasury not otherwise ap- (A) one-third shall be available for a grant
(f) TECHNICAL CORRECTION TO DEFINITION.— propriated, such sums as may be necessary under subsection (a)(1); and
Section 3306(v)(6) of the Internal Revenue for purposes of carrying out this section. (B) two-thirds shall be available for a grant
Code of 1986 (26 U.S.C. 3306) is amended by (4) CERTIFICATIONS.—The Secretary shall under subsection (a)(2).
striking ‘‘Workforce Investment Act of 1998’’ from time to time certify to the Secretary of (c) GRANT APPLICATION AND DISBURSAL.—
and inserting ‘‘Workforce Innovation and Op- the Treasury for payment to each State the (1) APPLICATION.—Any State seeking a
portunity Act’’. sums payable to such State under this sec- grant under paragraph (1) or (2) of subsection
SEC. 2109. TEMPORARY FINANCING OF SHORT- tion. (a) shall submit an application to the Sec-
TIME COMPENSATION AGREEMENTS. (d) APPLICABILITY.—An agreement entered retary at such time, in such manner, and
(a) FEDERAL-STATE AGREEMENTS.— into under this section shall apply to weeks complete with such information as the Sec-
(1) IN GENERAL.—Any State which desires of unemployment— retary may require. In no case may the Sec-
to do so may enter into, and participate in, (1) beginning on or after the date on which retary award a grant under this section with
an agreement under this section with the such agreement is entered into; and respect to an application that is submitted
dlhill on DSKBBY8HB2PROD with SENATE
Secretary provided that such State’s law (2) ending on or before December 31, 2020. after December 31, 2023.
does not provide for the payment of short- (e) SPECIAL RULE.—If a State has entered (2) NOTICE.—The Secretary shall, within 30
time compensation under a short-time com- into an agreement under this section and days after receiving a complete application,
pensation program (as defined in section subsequently enacts a State law providing notify the State agency of the State of the
3306(v) of the Internal Revenue Code of 1986). for the payment of short-time compensation Secretary’s findings with respect to the re-
(2) ABILITY TO TERMINATE.—Any State under a short-time compensation program quirements for a grant under paragraph (1)
which is a party to an agreement under this that meets the definition of such a program or (2) (or both) of subsection (a).
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2078 CONGRESSIONAL RECORD — SENATE March 25, 2020
(3) CERTIFICATION.—If the Secretary finds Unemployment Compensation Act of 1970 (26 total benefits in this Act, for registration pe-
that the State law provisions meet the re- U.S.C. 3304 note). riods beginning on or after April 1, 2020, but
quirements for a grant under subsection (a), SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLE- on or before July 31, 2020, a recovery benefit
the Secretary shall thereupon make a cer- MENTING PROGRAMS. in the amount of $1,200 shall be payable to a
tification to that effect to the Secretary of (a) IN GENERAL.—In order to assist States qualified employee with respect to any reg-
the Treasury, together with a certification in establishing, qualifying, and imple- istration period in which the employee re-
as to the amount of the grant payment to be menting short-time compensation programs ceived unemployment benefits under para-
transferred to the State account in the Un- (as defined in section 3306(v) of the Internal graph (1)(A), and in any registration period
employment Trust Fund (as established in Revenue Code of 1986), the Secretary of in which the employee did not receive unem-
section 904(a) of the Social Security Act (42 Labor (in this section referred to as the ployment benefits due to the limitation in
U.S.C. 1104(a))) pursuant to that finding. The ‘‘Secretary’’) shall— subsection (c)(1)(B) or due to reaching the
Secretary of the Treasury shall make the ap- (1) develop model legislative language, or maximum number of days of benefits in the
propriate transfer to the State account with- disseminate existing model legislative lan- benefit year beginning July 1, 2019, under
in 7 days after receiving such certification. guage, which may be used by States in devel- subsection (c)(1)(A). No recovery benefits
(4) REQUIREMENT.—No certification of com- oping and enacting such programs, and peri- shall be payable under this section upon the
pliance with the requirements for a grant odically review and revise such model legis- exhaustion of the funds appropriated under
under paragraph (1) or (2) of subsection (a) lative language; subparagraph (B) for payment of benefits
may be made with respect to any State (2) provide technical assistance and guid- under this subparagraph.
whose— ance in developing, enacting, and imple- ‘‘(B) Out of any funds in the Treasury not
(A) State law is not otherwise eligible for menting such programs; and otherwise appropriated, there are appro-
certification under section 303 of the Social (3) establish reporting requirements for priated $425,000,000 to cover the cost of recov-
Security Act (42 U.S.C. 503) or approvable States, including reporting on— ery benefits provided under subparagraph
under section 3304 of the Internal Revenue (A) the number of estimated averted lay- (A), to remain available until expended.’’.
Code of 1986; or offs; SEC. 2114. EXTENDED UNEMPLOYMENT BENE-
(B) short-time compensation program is (B) the number of participating employers FITS UNDER THE RAILROAD UNEM-
subject to discontinuation or is not sched- and workers; and PLOYMENT INSURANCE ACT.
uled to take effect within 12 months of the (C) such other items as the Secretary of (a) EXTENSION.—Section 2(c)(2)(D)(iii) of
certification. Labor determines are appropriate. the Railroad Unemployment Insurance Act
(d) USE OF FUNDS.—The amount of any (b) MODEL LANGUAGE AND GUIDANCE.—The (45 U.S.C. 352(c)(2)(D)(iii) is amended—
grant awarded under this section shall be model language and guidance developed (1) by striking ‘‘July 1, 2008’’ and inserting
used for the implementation of short-time under subsection (a) shall allow sufficient ‘‘July 1, 2019’’;
compensation programs and the overall ad- flexibility by States and participating em- (2) by striking ‘‘June 30, 2013’’ and insert-
ministration of such programs and the pro- ployers while ensuring accountability and ing ‘‘June 30, 2020’’; and
motion and enrollment efforts associated program integrity. (3) by striking ‘‘December 31, 2013’’ and in-
with such programs, such as through— (c) CONSULTATION.—In developing the serting ‘‘December 31, 2020’’.
(1) the creation or support of rapid re- model legislative language and guidance (b) CLARIFICATION ON AUTHORITY TO USE
sponse teams to advise employers about al- under subsection (a), and in order to meet FUNDS.—Funds appropriated under either the
ternatives to layoffs; the requirements of subsection (b), the Sec- first or second sentence of clause (iv) of sec-
(2) the provision of education or assistance retary shall consult with employers, labor tion 2(c)(2)(D) of the Railroad Unemploy-
to employers to enable them to assess the organizations, State workforce agencies, and ment Insurance Act shall be available to
feasibility of participating in short-time other program experts. Existing model legis- cover the cost of additional extended unem-
compensation programs; and lative language that has been developed ployment benefits provided under such sec-
(3) the development or enhancement of sys- through such a consultative process shall be tion 2(c)(2)(D) by reason of the amendments
tems to automate— deemed to meet the consultation require- made by subsection (a) as well as to cover
(A) the submission and approval of plans; ment of this subsection. the cost of such benefits provided under such
and (d) REPEAL.—Section 4104 of the Emer- section 2(c)(2)(D) as in effect on the day be-
(B) the filing and approval of new and on- gency Unemployment Stabilization and Ac- fore the date of enactment of this Act.
going short-time compensation claims. cess Act of 2020 (contained in division D of SEC. 2115. FUNDING FOR THE DOL OFFICE OF IN-
(e) ADMINISTRATION.—The Secretary is au- the Families First Coronavirus Response SPECTOR GENERAL FOR OVERSIGHT
thorized to use 0.25 percent of the funds Act) is repealed. OF UNEMPLOYMENT PROVISIONS.
available under subsection (g) to provide for SEC. 2112. WAIVER OF THE 7-DAY WAITING PE- There are appropriated, out of moneys in
outreach and to share best practices with re- RIOD FOR BENEFITS UNDER THE the Treasury not otherwise appropriated, to
spect to this section and short-time com- RAILROAD UNEMPLOYMENT INSUR- the Office of the Inspector General of the De-
pensation programs. ANCE ACT. partment of Labor, $25,000,000 to carry out
(f) RECOUPMENT.—The Secretary shall es- (a) NO WAITING WEEK.—With respect to any audits, investigations, and other oversight
tablish a process under which the Secretary registration period beginning after the date activities authorized under the Inspector
shall recoup the amount of any grant award- of enactment of this Act and ending on or be- General Act of 1978 (5 U.S.C. App.) that are
ed under paragraph (1) or (2) of subsection (a) fore December 31, 2020, subparagraphs (A)(ii) related to the provisions of, and amendments
if the Secretary determines that, during the and (B)(ii) of section 2(a)(1) of the Railroad made by, this subtitle, to remain available
5-year period beginning on the first date that Unemployment Insurance Act (45 U.S.C. without fiscal year limitation.
any such grant is awarded to the State, the 352(a)(1)) shall not apply. SEC. 2116. IMPLEMENTATION.
State— (b) OPERATING INSTRUCTIONS AND REGULA- (a) NON-APPLICATION OF THE PAPERWORK
(1) terminated the State’s short-time com- TIONS.—The Railroad Retirement Board may REDUCTION ACT.—Chapter 35 of title 44,
pensation program; or prescribe any operating instructions or regu- United States Code (commonly referred to as
(2) failed to meet appropriate requirements lations necessary to carry out this section. the ‘‘Paperwork Reduction Act of 1995’’),
with respect to such program (as established (c) FUNDING.—Out of any funds in the shall not apply to the provisions of, and the
by the Secretary). Treasury not otherwise appropriated, there amendments made by, this subtitle.
(g) FUNDING.—There are appropriated, out are appropriated $50,000,000 to cover the costs (b) OPERATING INSTRUCTIONS OR OTHER
of moneys in the Treasury not otherwise ap- of additional benefits payable due to the ap- GUIDANCE.—Notwithstanding any other pro-
propriated, to the Secretary, $100,000,000 to plication of subsection (a). Upon the exhaus- vision of law, the Secretary of Labor may
carry out this section, to remain available tion of the funds appropriated under this issue any operating instructions or other
without fiscal year limitation. subsection, subsection (a) shall no longer guidance necessary to carry out the provi-
(h) REPORTING.—The Secretary may estab- apply with respect to any registration period sions of, or the amendments made by, this
lish reporting requirements for States re- beginning after the date of exhaustion of subtitle.
ceiving a grant under this section in order to funds.
provide oversight of grant funds. (d) DEFINITION OF REGISTRATION PERIOD.— Subtitle B—Rebates and Other Individual
(i) DEFINITIONS.—In this section: For purposes of this section, the term ‘‘reg- Provisions
(1) SECRETARY.—The term ‘‘Secretary’’ istration period’’ has the meaning given such SEC. 2201. 2020 RECOVERY REBATES FOR INDI-
means the Secretary of Labor. term under section 1 of the Railroad Unem- VIDUALS.
(2) SHORT-TIME COMPENSATION PROGRAM.— ployment Insurance Act (45 U.S.C. 351). (a) IN GENERAL.—Subchapter B of chapter
The term ‘‘short-time compensation pro- SEC. 2113. ENHANCED BENEFITS UNDER THE 65 of subtitle F of the Internal Revenue Code
dlhill on DSKBBY8HB2PROD with SENATE
gram’’ has the meaning given such term in RAILROAD UNEMPLOYMENT INSUR- of 1986 is amended by inserting after section
section 3306(v) of the Internal Revenue Code ANCE ACT. 6427 the following new section:
of 1986. Section 2(a) of the Railroad Unemploy- ‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDI-
(3) STATE; STATE AGENCY; STATE LAW.—The ment Insurance Act (45 U.S.C. § 352(a)) is VIDUALS.
terms ‘‘State’’, ‘‘State agency’’, and ‘‘State amended by adding at the end the following: ‘‘(a) IN GENERAL.—In the case of an eligible
law’’ have the meanings given those terms in ‘‘(5)(A) Notwithstanding paragraph (3), sub- individual, there shall be allowed as a credit
section 205 of the Federal-State Extended section (c)(1)(B), and any other limitation on against the tax imposed by subtitle A for the
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2079
first taxable year beginning in 2020 an the executive branch of the United States (b) ADMINISTRATIVE AMENDMENTS.—
amount equal to the sum of— Government may modify payment informa- (1) DEFINITION OF DEFICIENCY.—Section
‘‘(1) $1,200 ($2,400 in the case of eligible in- tion received from an officer or employee de- 6211(b)(4)(A) of the Internal Revenue Code of
dividuals filing a joint return), plus scribed in section 3325(a)(1)(B) of such title 1986 is amended by striking ‘‘and 36B,
‘‘(2) an amount equal to the product of $500 for the purpose of facilitating the accurate 168(k)(4)’’ and inserting ‘‘36B, and 6428’’.
multiplied by the number of qualifying chil- and efficient delivery of such payment. Ex- (2) MATHEMATICAL OR CLERICAL ERROR AU-
dren (within the meaning of section 24(c)) of cept in cases of fraud or reckless neglect, no THORITY.—Section 6213(g)(2)(L) of such Code
the taxpayer. liability under sections 3325, 3527, 3528, or is amended by striking ‘‘or 32’’ and inserting
‘‘(b) TREATMENT OF CREDIT.—The credit al- 3529 of title 31, United States Code, shall be ‘‘32, or 6428’’.
lowed by subsection (a) shall be treated as imposed with respect to payments made (c) TREATMENT OF POSSESSIONS.—
allowed by subpart C of part IV of sub- under this subparagraph. (1) PAYMENTS TO POSSESSIONS.—
chapter A of chapter 1. ‘‘(4) NO INTEREST.—No interest shall be al- (A) MIRROR CODE POSSESSION.—The Sec-
‘‘(c) LIMITATION BASED ON ADJUSTED GROSS lowed on any overpayment attributable to retary of the Treasury shall pay to each pos-
INCOME.—The amount of the credit allowed this section. session of the United States which has a mir-
by subsection (a) (determined without regard ‘‘(5) ALTERNATE TAXABLE YEAR.—In the ror code tax system amounts equal to the
to this subsection and subsection (e)) shall case of an individual who, at the time of any loss (if any) to that possession by reason of
be reduced (but not below zero) by 5 percent determination made pursuant to paragraph the amendments made by this section. Such
of so much of the taxpayer’s adjusted gross (3), has not filed a tax return for the year de- amounts shall be determined by the Sec-
income as exceeds— scribed in paragraph (1), the Secretary may— retary of the Treasury based on information
‘‘(1) $150,000 in the case of a joint return, ‘‘(A) apply such paragraph by substituting provided by the government of the respective
‘‘(2) $112,500 in the case of a head of house- ‘2018’ for ‘2019’, and possession.
hold, and ‘‘(B) if the individual has not filed a tax re- (B) OTHER POSSESSIONS.—The Secretary of
‘‘(3) $75,000 in the case of a taxpayer not de- turn for such individual’s first taxable year the Treasury shall pay to each possession of
scribed in paragraph (1) or (2). beginning in 2018, use information with re- the United States which does not have a mir-
‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of spect to such individual for calendar year ror code tax system amounts estimated by
this section, the term ‘eligible individual’ 2019 provided in— the Secretary of the Treasury as being equal
means any individual other than— ‘‘(i) Form SSA-1099, Social Security Ben- to the aggregate benefits (if any) that would
‘‘(1) any nonresident alien individual, efit Statement, or have been provided to residents of such pos-
‘‘(2) any individual with respect to whom a ‘‘(ii) Form RRB-1099, Social Security session by reason of the amendments made
deduction under section 151 is allowable to Equivalent Benefit Statement. by this section if a mirror code tax system
another taxpayer for a taxable year begin- ‘‘(6) NOTICE TO TAXPAYER.—Not later than had been in effect in such possession. The
ning in the calendar year in which the indi- 15 days after the date on which the Secretary preceding sentence shall not apply unless the
vidual’s taxable year begins, and distributed any payment to an eligible tax- respective possession has a plan, which has
‘‘(3) an estate or trust. payer pursuant to this subsection, notice been approved by the Secretary of the Treas-
‘‘(e) COORDINATION WITH ADVANCE REFUNDS shall be sent by mail to such taxpayer’s last ury, under which such possession will
OF CREDIT.— known address. Such notice shall indicate promptly distribute such payments to its
‘‘(1) IN GENERAL.—The amount of credit the method by which such payment was residents.
which would (but for this paragraph) be al- made, the amount of such payment, and a (2) COORDINATION WITH CREDIT ALLOWED
lowable under this section shall be reduced phone number for the appropriate point of AGAINST UNITED STATES INCOME TAXES.—No
(but not below zero) by the aggregate refunds contact at the Internal Revenue Service to credit shall be allowed against United States
and credits made or allowed to the taxpayer report any failure to receive such payment. income taxes under section 6428 of the Inter-
under subsection (f). Any failure to so reduce ‘‘(g) IDENTIFICATION NUMBER REQUIRE- nal Revenue Code of 1986 (as added by this
the credit shall be treated as arising out of MENT.— section) to any person—
a mathematical or clerical error and as- ‘‘(1) IN GENERAL.—No credit shall be al- (A) to whom a credit is allowed against
sessed according to section 6213(b)(1). lowed under subsection (a) to an eligible in- taxes imposed by the possession by reason of
‘‘(2) JOINT RETURNS.—In the case of a re- dividual who does not include on the return the amendments made by this section, or
fund or credit made or allowed under sub- of tax for the taxable year— (B) who is eligible for a payment under a
section (f) with respect to a joint return, half ‘‘(A) such individual’s valid identification plan described in paragraph (1)(B).
of such refund or credit shall be treated as number, (3) DEFINITIONS AND SPECIAL RULES.—
having been made or allowed to each indi- ‘‘(B) in the case of a joint return, the valid (A) POSSESSION OF THE UNITED STATES.—For
vidual filing such return. identification number of such individual’s purposes of this subsection, the term ‘‘pos-
‘‘(f) ADVANCE REFUNDS AND CREDITS.— spouse, and session of the United States’’ includes the
‘‘(1) IN GENERAL.—Subject to paragraph (5), ‘‘(C) in the case of any qualifying child Commonwealth of Puerto Rico and the Com-
each individual who was an eligible indi- taken into account under subsection (a)(2), monwealth of the Northern Mariana Islands.
vidual for such individual’s first taxable year the valid identification number of such (B) MIRROR CODE TAX SYSTEM.—For pur-
beginning in 2019 shall be treated as having qualifying child. poses of this subsection, the term ‘‘mirror
made a payment against the tax imposed by ‘‘(2) VALID IDENTIFICATION NUMBER.— code tax system’’ means, with respect to any
chapter 1 for such taxable year in an amount ‘‘(A) IN GENERAL.—For purposes of para- possession of the United States, the income
equal to the advance refund amount for such graph (1), the term ‘valid identification num- tax system of such possession if the income
taxable year. ber’ means a social security number (as such tax liability of the residents of such posses-
‘‘(2) ADVANCE REFUND AMOUNT.—For pur- term is defined in section 24(h)(7)). sion under such system is determined by ref-
poses of paragraph (1), the advance refund ‘‘(B) ADOPTION TAXPAYER IDENTIFICATION erence to the income tax laws of the United
amount is the amount that would have been NUMBER.—For purposes of paragraph (1)(C), States as if such possession were the United
allowed as a credit under this section for in the case of a qualifying child who is States.
such taxable year if this section (other than adopted or placed for adoption, the term (C) TREATMENT OF PAYMENTS.—For pur-
subsection (e) and this subsection) had ap- ‘valid identification number’ shall include poses of section 1324 of title 31, United States
plied to such taxable year. the adoption taxpayer identification number Code, the payments under this subsection
‘‘(3) TIMING AND MANNER OF PAYMENTS.— of such child. shall be treated in the same manner as a re-
‘‘(A) TIMING.—The Secretary shall, subject ‘‘(3) SPECIAL RULE FOR MEMBERS OF THE fund due from a credit provision referred to
to the provisions of this title, refund or cred- ARMED FORCES.—Paragraph (1)(B) shall not in subsection (b)(2) of such section.
it any overpayment attributable to this sec- apply in the case where at least 1 spouse was (d) EXCEPTION FROM REDUCTION OR OFF-
tion as rapidly as possible. No refund or cred- a member of the Armed Forces of the United SET.—Any credit or refund allowed or made
it shall be made or allowed under this sub- States at any time during the taxable year to any individual by reason of section 6428 of
section after December 31, 2020. and at least 1 spouse satisfies paragraph the Internal Revenue Code of 1986 (as added
‘‘(B) DELIVERY OF PAYMENTS.—Notwith- (1)(A). by this section) or by reason of subsection (c)
standing any other provision of law, the Sec- ‘‘(4) MATHEMATICAL OR CLERICAL ERROR AU- of this section shall not be—
retary may certify and disburse refunds pay- THORITY.—Any omission of a correct valid (1) subject to reduction or offset pursuant
able under this subsection electronically to identification number required under this to section 3716 or 3720A of title 31, United
any account to which the payee authorized, subsection shall be treated as a mathe- States Code,
on or after January 1, 2018, the delivery of a matical or clerical error for purposes of ap- (2) subject to reduction or offset pursuant
refund of taxes under this title or of a Fed- plying section 6213(g)(2) to such omission. to subsection (d), (e), or (f) of section 6402 of
dlhill on DSKBBY8HB2PROD with SENATE
eral payment (as defined in section 3332 of ‘‘(h) REGULATIONS.—The Secretary shall the Internal Revenue Code of 1986, or
title 31, United States Code). prescribe such regulations or other guidance (3) reduced or offset by other assessed Fed-
‘‘(C) WAIVER OF CERTAIN RULES.—Notwith- as may be necessary to carry out the pur- eral taxes that would otherwise be subject to
standing section 3325 of title 31, United poses of this section, including any such levy or collection.
States Code, or any other provision of law, measures as are deemed appropriate to avoid (e) PUBLIC AWARENESS CAMPAIGN.—The
with respect to any payment of a refund allowing multiple credits or rebates to a tax- Secretary of the Treasury (or the Secretary’s
under this subsection, a disbursing official in payer.’’. delegate) shall conduct a public awareness
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2080 CONGRESSIONAL RECORD — SENATE March 25, 2020
campaign, in coordination with the Commis- out regard to subparagraph (A)) be a ated by the individual due to such virus or
sioner of Social Security and the heads of coronavirus-related distribution, a plan shall disease, or other factors as determined by
other relevant Federal agencies, to provide not be treated as violating any requirement the Secretary of the Treasury (or the Sec-
information regarding the availability of the of the Internal Revenue Code of 1986 merely retary’s delegate).
credit and rebate allowed under section 6428 because the plan treats such distribution as (B) EMPLOYEE CERTIFICATION.—The admin-
of the Internal Revenue Code of 1986 (as a coronavirus-related distribution, unless istrator of an eligible retirement plan may
added by this section), including information the aggregate amount of such distributions rely on an employee’s certification that the
with respect to individuals who may not from all plans maintained by the employer employee satisfies the conditions of subpara-
have filed a tax return for taxable year 2018 (and any member of any controlled group graph (A)(ii) in determining whether any dis-
or 2019. which includes the employer) to such indi- tribution is a coronavirus-related distribu-
(f) APPROPRIATIONS TO CARRY OUT RE- vidual exceeds $100,000. tion.
BATES.— (C) CONTROLLED GROUP.—For purposes of (C) ELIGIBLE RETIREMENT PLAN.—The term
(1) IN GENERAL.—Immediately upon the en- subparagraph (B), the term ‘‘controlled ‘‘eligible retirement plan’’ has the meaning
actment of this Act, the following sums are group’’ means any group treated as a single given such term by section 402(c)(8)(B) of the
appropriated, out of any money in the Treas- employer under subsection (b), (c), (m), or (o)
ury not otherwise appropriated, for the fiscal Internal Revenue Code of 1986.
of section 414 of the Internal Revenue Code (5) INCOME INCLUSION SPREAD OVER 3-YEAR
year ending September 30, 2020: of 1986. PERIOD.—
(A) DEPARTMENT OF THE TREASURY.— (3) AMOUNT DISTRIBUTED MAY BE REPAID.—
(i) For an additional amount for ‘‘Depart- (A) IN GENERAL.—In the case of any
(A) IN GENERAL.—Any individual who re-
ment of the Treasury—Bureau of the Fiscal coronavirus-related distribution, unless the
ceives a coronavirus-related distribution
Service—Salaries and Expenses’’, $78,650,000, taxpayer elects not to have this paragraph
may, at any time during the 3-year period
to remain available until September 30, 2021. apply for any taxable year, any amount re-
beginning on the day after the date on which
(ii) For an additional amount for ‘‘Depart- quired to be included in gross income for
such distribution was received, make 1 or
ment of the Treasury—Internal Revenue such taxable year shall be so included rat-
more contributions in an aggregate amount
Service—Taxpayer Services’’, $293,500,000, to not to exceed the amount of such distribu- ably over the 3-taxable-year period begin-
remain available until September 30, 2021. tion to an eligible retirement plan of which ning with such taxable year.
(iii) For an additional amount for ‘‘Depart- such individual is a beneficiary and to which (B) SPECIAL RULE.—For purposes of sub-
ment of the Treasury—Internal Revenue a rollover contribution of such distribution paragraph (A), rules similar to the rules of
Service—Operations Support’’, $170,000,000, could be made under section 402(c), 403(a)(4), subparagraph (E) of section 408A(d)(3) of the
to remain available until September 30, 2021. 403(b)(8), 408(d)(3), or 457(e)(16), of the Inter- Internal Revenue Code of 1986 shall apply.
(iv) For an additional amount for ‘‘Depart- nal Revenue Code of 1986, as the case may be. (6) SPECIAL RULES.—
ment of Treasury—Internal Revenue Serv- (B) TREATMENT OF REPAYMENTS OF DIS- (A) EXEMPTION OF DISTRIBUTIONS FROM
ice—Enforcement’’, $37,200,000, to remain TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS TRUSTEE TO TRUSTEE TRANSFER AND WITH-
available until September 30, 2021. OTHER THAN IRAS.—For purposes of the Inter- HOLDING RULES.—For purposes of sections
Amounts made available in appropriations nal Revenue Code of 1986, if a contribution is 401(a)(31), 402(f), and 3405 of the Internal Rev-
under clauses (ii), (iii), and (iv) of this sub- made pursuant to subparagraph (A) with re- enue Code of 1986, coronavirus-related dis-
paragraph may be transferred between such spect to a coronavirus-related distribution tributions shall not be treated as eligible
appropriations upon the advance notification from an eligible retirement plan other than rollover distributions.
of the Committees on Appropriations of the an individual retirement plan, then the tax- (B) CORONAVIRUS-RELATED DISTRIBUTIONS
House of Representatives and the Senate. payer shall, to the extent of the amount of TREATED AS MEETING PLAN DISTRIBUTION RE-
Such transfer authority is in addition to any the contribution, be treated as having re- QUIREMENTS.—For purposes of the Internal
other transfer authority provided by law. ceived the coronavirus-related distribution Revenue Code of 1986, a coronavirus-related
(B) SOCIAL SECURITY ADMINISTRATION.—For in an eligible rollover distribution (as de- distribution shall be treated as meeting the
an additional amount for ‘‘Social Security fined in section 402(c)(4) of such Code) and as requirements of sections 401(k)(2)(B)(i),
Administration—Limitation on Administra- having transferred the amount to the eligi- 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of
tive Expenses’’, $38,000,000, to remain avail- ble retirement plan in a direct trustee to such Code and section 8433(h)(1) of title 5,
able until September 30, 2021. trustee transfer within 60 days of the dis- United States Code.
(2) REPORTS.—No later than 15 days after tribution.
enactment of this Act, the Secretary of the (b) LOANS FROM QUALIFIED PLANS.—
(C) TREATMENT OF REPAYMENTS OF DIS-
Treasury shall submit a plan to the Commit- TRIBUTIONS FROM IRAS.—For purposes of the
(1) INCREASE IN LIMIT ON LOANS NOT TREAT-
tees on Appropriations of the House of Rep- ED AS DISTRIBUTIONS.—In the case of any loan
Internal Revenue Code of 1986, if a contribu-
resentatives and the Senate detailing the ex- tion is made pursuant to subparagraph (A) from a qualified employer plan (as defined
pected use of the funds provided by para- with respect to a coronavirus-related dis- under section 72(p)(4) of the Internal Rev-
graph (1)(A). Beginning 90 days after enact- tribution from an individual retirement plan enue Code of 1986) to a qualified individual
ment of this Act, the Secretary of the Treas- (as defined by section 7701(a)(37) of such made during the 180-day period beginning on
ury shall submit a quarterly report to the Code), then, to the extent of the amount of the date of the enactment of this Act—
Committees on Appropriations of the House the contribution, the coronavirus-related (A) clause (i) of section 72(p)(2)(A) of such
of Representatives and the Senate detailing distribution shall be treated as a distribu- Code shall be applied by substituting
the actual expenditure of funds provided by tion described in section 408(d)(3) of such ‘‘$100,000’’ for ‘‘$50,000’’, and
paragraph (1)(A) and the expected expendi- Code and as having been transferred to the (B) clause (ii) of such section shall be ap-
ture of such funds in the subsequent quarter. eligible retirement plan in a direct trustee plied by substituting ‘‘the present value of
(g) CONFORMING AMENDMENTS.— to trustee transfer within 60 days of the dis- the nonforfeitable accrued benefit of the em-
(1) Paragraph (2) of section 1324(b) of title tribution. ployee under the plan’’ for ‘‘one-half of the
31, United States Code, is amended by insert- (4) DEFINITIONS.—For purposes of this sub- present value of the nonforfeitable accrued
ing ‘‘6428,’’ after ‘‘54B(h),’’. section— benefit of the employee under the plan’’.
(2) The table of sections for subchapter B (A) CORONAVIRUS-RELATED DISTRIBUTION.— (2) DELAY OF REPAYMENT.—In the case of a
of chapter 65 of subtitle F of the Internal Except as provided in paragraph (2), the term qualified individual with an outstanding loan
Revenue Code of 1986 is amended by inserting ‘‘coronavirus-related distribution’’ means (on or after the date of the enactment of this
after the item relating to section 6427 the any distribution from an eligible retirement Act) from a qualified employer plan (as de-
following: plan made— fined in section 72(p)(4) of the Internal Rev-
‘‘Sec. 6428. 2020 Recovery Rebates for indi- (i) on or after January 1, 2020, and before enue Code of 1986)—
viduals.’’. December 31, 2020, (A) if the due date pursuant to subpara-
SEC. 2202. SPECIAL RULES FOR USE OF RETIRE- (ii) to an individual— graph (B) or (C) of section 72(p)(2) of such
MENT FUNDS. (I) who is diagnosed with the virus SARS- Code for any repayment with respect to such
(a) TAX-FAVORED WITHDRAWALS FROM RE- CoV-2 or with coronavirus disease 2019 loan occurs during the period beginning on
TIREMENT PLANS.— (COVID-19) by a test approved by the Centers the date of the enactment of this Act and
(1) IN GENERAL.—Section 72(t) of the Inter- for Disease Control and Prevention, ending on December 31, 2020, such due date
nal Revenue Code of 1986 shall not apply to (II) whose spouse or dependent (as defined shall be delayed for 1 year,
any coronavirus-related distribution. in section 152 of the Internal Revenue Code (B) any subsequent repayments with re-
(2) AGGREGATE DOLLAR LIMITATION.— of 1986) is diagnosed with such virus or dis- spect to any such loan shall be appropriately
(A) IN GENERAL.—For purposes of this sub- ease by such a test, or adjusted to reflect the delay in the due date
dlhill on DSKBBY8HB2PROD with SENATE
section, the aggregate amount of distribu- (III) who experiences adverse financial con- under subparagraph (A) and any interest ac-
tions received by an individual which may be sequences as a result of being quarantined, cruing during such delay, and
treated as coronavirus-related distributions being furloughed or laid off or having work (C) in determining the 5-year period and
for any taxable year shall not exceed hours reduced due to such virus or disease, the term of a loan under subparagraph (B) or
$100,000. being unable to work due to lack of child (C) of section 72(p)(2) of such Code, the period
(B) TREATMENT OF PLAN DISTRIBUTIONS.—If care due to such virus or disease, closing or described in subparagraph (A) of this para-
a distribution to an individual would (with- reducing hours of a business owned or oper- graph shall be disregarded.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2081
(3) QUALIFIED INDIVIDUAL.—For purposes of ‘‘(II) such distribution not having been ‘‘(C) which is—
this subsection, the term ‘‘qualified indi- made before January 1, 2020. ‘‘(i) made to an organization described in
vidual’’ means any individual who is de- ‘‘(iii) SPECIAL RULES REGARDING WAIVER PE- section 170(b)(1)(A), and
scribed in subsection (a)(4)(A)(ii). RIOD.—For purposes of this paragraph— ‘‘(ii) not—
(c) PROVISIONS RELATING TO PLAN AMEND- ‘‘(I) the required beginning date with re- ‘‘(I) to an organization described in section
MENTS.— spect to any individual shall be determined 509(a)(3), or
(1) IN GENERAL.—If this subsection applies without regard to this subparagraph for pur- ‘‘(II) for the establishment of a new, or
to any amendment to any plan or annuity poses of applying this paragraph for calendar maintenance of an existing, donor advised
contract— years after 2020, and fund (as defined in section 4966(d)(2)).
(A) such plan or contract shall be treated ‘‘(II) if clause (ii) of subparagraph (B) ap- Such term shall not include any amount
as being operated in accordance with the plies, the 5-year period described in such which is treated as a charitable contribution
terms of the plan during the period described clause shall be determined without regard to made in such taxable year by reason of sub-
in paragraph (2)(B)(i), and calendar year 2020.’’. section (b)(1)(G)(ii) or (d)(1) of section 170.’’.
(B) except as provided by the Secretary of (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.— (c) EFFECTIVE DATE.—The amendments
the Treasury (or the Secretary’s delegate), Section 402(c)(4) of the Internal Revenue made by this section shall apply to taxable
such plan or contract shall not fail to meet Code of 1986 is amended by striking ‘‘2009’’ years beginning after December 31, 2019.
the requirements of section 411(d)(6) of the each place it appears in the last sentence and SEC. 2205. MODIFICATION OF LIMITATIONS ON
Internal Revenue Code of 1986 and section inserting ‘‘2020’’. CHARITABLE CONTRIBUTIONS DUR-
204(g) of the Employee Retirement Income (c) EFFECTIVE DATES.— ING 2020.
Security Act of 1974 by reason of such (1) IN GENERAL.—The amendments made by (a) TEMPORARY SUSPENSION OF LIMITATIONS
amendment. this section shall apply for calendar years ON CERTAIN CASH CONTRIBUTIONS.—
(2) AMENDMENTS TO WHICH SUBSECTION AP- beginning after December 31, 2019. (1) IN GENERAL.—Except as otherwise pro-
PLIES.— (2) PROVISIONS RELATING TO PLAN OR CON- vided in paragraph (2), qualified contribu-
(A) IN GENERAL.—This subsection shall TRACT AMENDMENTS.— tions shall be disregarded in applying sub-
apply to any amendment to any plan or an- (A) IN GENERAL.—If this paragraph applies sections (b) and (d) of section 170 of the In-
nuity contract which is made— to any plan or contract amendment— ternal Revenue Code of 1986.
(i) pursuant to any provision of this sec- (i) such plan or contract shall not fail to be (2) TREATMENT OF EXCESS CONTRIBUTIONS.—
tion, or pursuant to any regulation issued by treated as being operated in accordance with For purposes of section 170 of the Internal
the Secretary of the Treasury or the Sec- the terms of the plan during the period de- Revenue Code of 1986—
retary of Labor (or the delegate of either scribed in subparagraph (B)(ii) solely because (A) INDIVIDUALS.—In the case of an indi-
such Secretary) under any provision of this the plan operates in accordance with this vidual—
section, and section, and (i) LIMITATION.—Any qualified contribution
(ii) on or before the last day of the first shall be allowed as a deduction only to the
(ii) except as provided by the Secretary of
plan year beginning on or after January 1, extent that the aggregate of such contribu-
the Treasury (or the Secretary’s delegate),
2022, or such later date as the Secretary of tions does not exceed the excess of the tax-
such plan or contract shall not fail to meet
the Treasury (or the Secretary’s delegate) payer’s contribution base (as defined in sub-
the requirements of section 411(d)(6) of the
may prescribe. paragraph (H) of section 170(b)(1) of such
Internal Revenue Code of 1986 and section
In the case of a governmental plan (as de- Code) over the amount of all other charitable
204(g) of the Employee Retirement Income
fined in section 414(d) of the Internal Rev- contributions allowed under section 170(b)(1)
Security Act of 1974 by reason of such
enue Code of 1986), clause (ii) shall be applied of such Code.
amendment.
by substituting the date which is 2 years (ii) CARRYOVER.—If the aggregate amount
(B) AMENDMENTS TO WHICH PARAGRAPH AP-
after the date otherwise applied under clause of qualified contributions made in the con-
PLIES.—
(ii). tribution year (within the meaning of sec-
(i) IN GENERAL.—This paragraph shall apply
(B) CONDITIONS.—This subsection shall not tion 170(d)(1) of such Code) exceeds the limi-
to any amendment to any plan or annuity
apply to any amendment unless— tation of clause (i), such excess shall be
contract which—
(i) during the period— added to the excess described in section
(I) is made pursuant to the amendments
(I) beginning on the date that this section 170(b)(1)(G)(ii).
made by this section, and
or the regulation described in subparagraph (B) CORPORATIONS.—In the case of a cor-
(II) is made on or before the last day of the
(A)(i) takes effect (or in the case of a plan or poration—
first plan year beginning on or after January
contract amendment not required by this (i) LIMITATION.—Any qualified contribution
1, 2022.
section or such regulation, the effective date shall be allowed as a deduction only to the
In the case of a governmental plan, sub-
specified by the plan), and extent that the aggregate of such contribu-
clause (II) shall be applied by substituting
(II) ending on the date described in sub- tions does not exceed the excess of 25 percent
‘‘2024’’ for ‘‘2022’’.
paragraph (A)(ii) (or, if earlier, the date the of the taxpayer’s taxable income (as deter-
(ii) CONDITIONS.—This paragraph shall not
plan or contract amendment is adopted), mined under paragraph (2) of section 170(b) of
apply to any amendment unless during the
the plan or contract is operated as if such such Code) over the amount of all other
period beginning on the effective date of the
plan or contract amendment were in effect, charitable contributions allowed under such
amendment and ending on December 31, 2020,
and paragraph.
the plan or contract is operated as if such
(ii) such plan or contract amendment ap- (ii) CARRYOVER.—If the aggregate amount
plan or contract amendment were in effect.
plies retroactively for such period. of qualified contributions made in the con-
SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE
SEC. 2203. TEMPORARY WAIVER OF REQUIRED LINE DEDUCTION FOR CHARITABLE
tribution year (within the meaning of sec-
MINIMUM DISTRIBUTION RULES CONTRIBUTIONS. tion 170(d)(2) of such Code) exceeds the limi-
FOR CERTAIN RETIREMENT PLANS (a) IN GENERAL.—Section 62(a) of the Inter- tation of clause (i), such excess shall be ap-
AND ACCOUNTS. nal Revenue Code of 1986 is amended by in- propriately taken into account under section
(a) IN GENERAL.—Section 401(a)(9) of the In- serting after paragraph (21) the following 170(d)(2) subject to the limitations thereof.
ternal Revenue Code of 1986 is amended by new paragraph: (3) QUALIFIED CONTRIBUTIONS.—
adding at the end the following new subpara- ‘‘(22) CHARITABLE CONTRIBUTIONS.—In the (A) IN GENERAL.—For purposes of this sub-
graph: case of taxable years beginning in 2020, the section, the term ‘‘qualified contribution’’
‘‘(I) TEMPORARY WAIVER OF MINIMUM RE- amount (not to exceed $300) of qualified char- means any charitable contribution (as de-
QUIRED DISTRIBUTION.— itable contributions made by an eligible in- fined in section 170(c) of the Internal Rev-
‘‘(i) IN GENERAL.—The requirements of this dividual during the taxable year.’’. enue Code of 1986) if—
paragraph shall not apply for calendar year (b) DEFINITIONS.—Section 62 of such Code is (i) such contribution is paid in cash during
2020 to— amended by adding at the end the following calendar year 2020 to an organization de-
‘‘(I) a defined contribution plan which is new subsection: scribed in section 170(b)(1)(A) of such Code,
described in this subsection or in section ‘‘(f) DEFINITIONS RELATING TO QUALIFIED and
403(a) or 403(b), CHARITABLE CONTRIBUTIONS.—For purposes of (ii) the taxpayer has elected the applica-
‘‘(II) a defined contribution plan which is subsection (a)(22)— tion of this section with respect to such con-
an eligible deferred compensation plan de- ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligi- tribution.
scribed in section 457(b) but only if such plan ble individual’ means any individual who (B) EXCEPTION.—Such term shall not in-
is maintained by an employer described in does not elect to itemize deductions. clude a contribution by a donor if the con-
section 457(e)(1)(A), or ‘‘(2) QUALIFIED CHARITABLE CONTRIBU- tribution is—
dlhill on DSKBBY8HB2PROD with SENATE
‘‘(III) an individual retirement plan. TIONS.—The term ‘qualified charitable con- (i) to an organization described in section
‘‘(ii) SPECIAL RULE FOR REQUIRED BEGINNING tribution’ means a charitable contribution 509(a)(3) of the Internal Revenue Code of 1986,
DATES IN 2020.—Clause (i) shall apply to any (as defined in section 170(c))— or
distribution which is required to be made in ‘‘(A) which is made in cash, (ii) for the establishment of a new, or
calendar year 2020 by reason of— ‘‘(B) for which a deduction is allowable maintenance of an existing, donor advised
‘‘(I) a required beginning date occurring in under section 170 (determined without regard fund (as defined in section 4966(d)(2) of such
such calendar year, and to subsection (b) thereof), and Code).
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2082 CONGRESSIONAL RECORD — SENATE March 25, 2020
(C) APPLICATION OF ELECTION TO PARTNER- under this paragraph shall be treated in the (B) LIMITATION.—Qualified wages paid or
SHIPS AND S CORPORATIONS.—In the case of a same manner as a refund due from a credit incurred by an eligible employer described in
partnership or S corporation, the election provision referred to in subsection (b)(2) of subparagraph (A)(i) with respect to an em-
under subparagraph (A)(ii) shall be made sep- such section. ployee for any period described in such sub-
arately by each partner or shareholder. (c) DEFINITIONS.—For purposes of this sec- paragraph may not exceed the amount such
(b) INCREASE IN LIMITS ON CONTRIBUTIONS tion— employee would have been paid for working
OF FOOD INVENTORY.—In the case of any (1) APPLICABLE EMPLOYMENT TAXES.—The an equivalent duration during the 30 days
charitable contribution of food during 2020 to term ‘‘applicable employment taxes’’ means immediately preceding such period.
which section 170(e)(3)(C) of the Internal the following: (C) ALLOWANCE FOR CERTAIN HEALTH PLAN
Revenue Code of 1986 applies, subclauses (I) (A) The taxes imposed under section 3111(a) EXPENSES.—
and (II) of clause (ii) thereof shall each be of the Internal Revenue Code of 1986. (i) IN GENERAL.—The term ‘‘qualified
applied by substituting ‘‘25 percent’’ for ‘‘15 (B) So much of the taxes imposed under wages’’ shall include so much of the eligible
percent.’’ section 3221(a) of such Code as are attrib- employer’s qualified health plan expenses as
(c) EFFECTIVE DATE.—This section shall utable to the rate in effect under section are properly allocable to such wages.
apply to taxable years ending after Decem- 3111(a) of such Code. (ii) QUALIFIED HEALTH PLAN EXPENSES.—For
ber 31, 2019. (2) ELIGIBLE EMPLOYER.— purposes of this paragraph, the term ‘‘quali-
SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER (A) IN GENERAL.—The term ‘‘eligible em- fied health plan expenses’’ means amounts
PAYMENTS OF STUDENT LOANS. ployer’’ means any employer— paid or incurred by the eligible employer to
(a) IN GENERAL.—Paragraph (1) of section (i) which was carrying on a trade or busi- provide and maintain a group health plan (as
127(c) of the Internal Revenue Code of 1986 is ness during calendar year 2020, and defined in section 5000(b)(1) of the Internal
amended by striking ‘‘and’’ at the end of sub- (ii) with respect to any calendar quarter, Revenue Code of 1986), but only to the extent
paragraph (A), by redesignating subpara- for which— that such amounts are excluded from the
graph (B) as subparagraph (C), and by insert- (I) the operation of the trade or business gross income of employees by reason of sec-
ing after subparagraph (A) the following new described in clause (i) is fully or partially tion 106(a) of such Code.
subparagraph: suspended during the calendar quarter due to (iii) ALLOCATION RULES.—For purposes of
orders from an appropriate governmental au- this paragraph, qualified health plan ex-
‘‘(B) in the case of payments made before
thority limiting commerce, travel, or group penses shall be allocated to qualified wages
January 1, 2021, the payment by an em-
meetings (for commercial, social, religious, in such manner as the Secretary may pre-
ployer, whether paid to the employee or to a
or other purposes) due to the coronavirus
lender, of principal or interest on any quali- scribe. Except as otherwise provided by the
disease 2019 (COVID-19), or
fied education loan (as defined in section Secretary, such allocation shall be treated as
(II) such calendar quarter is within the pe-
221(d)(1)) incurred by the employee for edu- properly made if made on the basis of being
riod described in subparagraph (B).
cation of the employee, and’’. pro rata among employees and pro rata on
(B) SIGNIFICANT DECLINE IN GROSS RE-
(b) CONFORMING AMENDMENT; DENIAL OF the basis of periods of coverage (relative to
CEIPTS.—The period described in this sub-
DOUBLE BENEFIT.—The first sentence of para- the periods to which such wages relate).
paragraph is the period—
graph (1) of section 221(e) of the Internal (4) SECRETARY.—The term ‘‘Secretary’’
(i) beginning with the first calendar quar-
Revenue Code of 1986 is amended by inserting means the Secretary of the Treasury or the
ter beginning after December 31, 2019, for
before the period the following: ‘‘, or for Secretary’s delegate.
which gross receipts (within the meaning of
which an exclusion is allowable under sec- section 448(c) of the Internal Revenue Code (5) WAGES.—The term ‘‘wages’’ means
tion 127 to the taxpayer by reason of the pay- of 1986) for the calendar quarter are less than wages (as defined in section 3121(a) of the In-
ment by the taxpayer’s employer of any in- 50 percent of gross receipts for the same cal- ternal Revenue Code of 1986) and compensa-
debtedness on a qualified education loan of endar quarter in the prior year, and tion (as defined in section 3231(e) of such
the taxpayer’’. (ii) ending with the calendar quarter fol- Code).
(c) EFFECTIVE DATE.—The amendments lowing the first calendar quarter beginning (6) OTHER TERMS.—Any term used in this
made by this section shall apply to payments after a calendar quarter described in clause section which is also used in chapter 21 or 22
made after the date of the enactment of this (i) for which gross receipts of such employer of the Internal Revenue Code of 1986 shall
Act. are greater than 80 percent of gross receipts have the same meaning as when used in such
Subtitle C—Business Provisions for the same calendar quarter in the prior chapter.
year. (d) AGGREGATION RULE.—All persons treat-
SEC. 2301. EMPLOYEE RETENTION CREDIT FOR
EMPLOYERS SUBJECT TO CLOSURE (C) TAX-EXEMPT ORGANIZATIONS.—In the ed as a single employer under subsection (a)
DUE TO COVID-19. case of an organization which is described in or (b) of section 52 of the Internal Revenue
(a) IN GENERAL.—In the case of an eligible section 501(c) of the Internal Revenue Code Code of 1986, or subsection (m) or (o) of sec-
employer, there shall be allowed as a credit of 1986 and exempt from tax under section tion 414 of such Code, shall be treated as one
501(a) of such Code, clauses (i) and (ii)(I) of employer for purposes of this section.
against applicable employment taxes for
(e) CERTAIN RULES TO APPLY.—For pur-
each calendar quarter an amount equal to 50 subparagraph (A) shall apply to all oper-
poses of this section, rules similar to the
percent of the qualified wages with respect ations of such organization.
rules of sections 51(i)(1) and 280C(a) of the In-
to each employee of such employer for such (3) QUALIFIED WAGES.— ternal Revenue Code of 1986 shall apply.
calendar quarter. (A) IN GENERAL.—The term ‘‘qualified (f) CERTAIN GOVERNMENTAL EMPLOYERS.—
(b) LIMITATIONS AND REFUNDABILITY.— wages’’ means— This credit shall not apply to the Govern-
(1) WAGES TAKEN INTO ACCOUNT.—The (i) in the case of an eligible employer for ment of the United States, the government
amount of qualified wages with respect to which the average number of full-time em- of any State or political subdivision thereof,
any employee which may be taken into ac- ployees (within the meaning of section 4980H or any agency or instrumentality of any of
count under subsection (a) by the eligible of the Internal Revenue Code of 1986) em- the foregoing.
employer for all calendar quarters shall not ployed by such eligible employer during 2019 (g) ELECTION NOT TO HAVE SECTION
exceed $10,000. was greater than 100, wages paid by such eli- APPLY.—This section shall not apply with re-
(2) CREDIT LIMITED TO EMPLOYMENT gible employer with respect to which an em- spect to any eligible employer for any cal-
TAXES.—The credit allowed by subsection (a) ployee is not providing services due to cir- endar quarter if such employer elects (at
with respect to any calendar quarter shall cumstances described in subclause (I) or (II) such time and in such manner as the Sec-
not exceed the applicable employment taxes of paragraph (2)(A)(ii), or retary may prescribe) not to have this sec-
(reduced by any credits allowed under sub- (ii) in the case of an eligible employer for tion apply.
sections (e) and (f) of section 3111 of the In- which the average number of full-time em- (h) SPECIAL RULES.—
ternal Revenue Code of 1986 and sections 7001 ployees (within the meaning of section 4980H (1) EMPLOYEE NOT TAKEN INTO ACCOUNT
and 7003 of the Families First Coronavirus of the Internal Revenue Code of 1986) em- MORE THAN ONCE.—An employee shall not be
Response Act) on the wages paid with re- ployed by such eligible employer during 2019 included for purposes of this section for any
spect to the employment of all the employ- was not greater than 100— period with respect to any employer if such
ees of the eligible employer for such calendar (I) with respect to an eligible employer de- employer is allowed a credit under section 51
quarter. scribed in subclause (I) of paragraph of the Internal Revenue Code of 1986 with re-
(3) REFUNDABILITY OF EXCESS CREDIT.— (2)(A)(ii), wages paid by such eligible em- spect to such employee for such period.
(A) IN GENERAL.—If the amount of the cred- ployer with respect to an employee during (2) DENIAL OF DOUBLE BENEFIT.—Any wages
it under subsection (a) exceeds the limita- any period described in such clause, or taken into account in determining the credit
tion of paragraph (2) for any calendar quar- (II) with respect to an eligible employer allowed under this section shall not be taken
dlhill on DSKBBY8HB2PROD with SENATE
ter, such excess shall be treated as an over- described in subclause (II) of such paragraph, into account for purposes of determining the
payment that shall be refunded under sec- wages paid by such eligible employer with credit allowed under section 45S of such
tions 6402(a) and 6413(b) of the Internal Rev- respect to an employee during such quarter. Code.
enue Code of 1986. Such term shall not include any wages taken (3) THIRD PARTY PAYORS.—Any credit al-
(B) TREATMENT OF PAYMENTS.—For pur- into account under section 7001 or section lowed under this section shall be treated as
poses of section 1324 of title 31, United States 7003 of the Families First Coronavirus Re- a credit described in section 3511(d)(2) of such
Code, any amounts due to the employer sponse Act. Code.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2083
(i) TRANSFERS TO FEDERAL OLD-AGE AND had indebtedness forgiven under section 1106 (e) TRUST FUNDS HELD HARMLESS.—There
SURVIVORS INSURANCE TRUST FUND.—There of this Act with respect to a loan under para- are hereby appropriated (out of any money
are hereby appropriated to the Federal Old- graph (36) of section 7(a) of the Small Busi- in the Treasury not otherwise appropriated)
Age and Survivors Insurance Trust Fund and ness Act (15 U.S.C. 636(a)), as added by sec- for each fiscal year to the Federal Old-Age
the Federal Disability Insurance Trust Fund tion 1102 of this Act, or indebtedness for- and Survivors Insurance Trust Fund and the
established under section 201 of the Social given under section 1109 of this Act. Federal Disability Insurance Trust Fund es-
Security Act (42 U.S.C. 401) and the Social (b) SECA.— tablished under section 201 of the Social Se-
Security Equivalent Benefit Account estab- (1) IN GENERAL.—Notwithstanding any curity Act (42 U.S.C. 401) and the Social Se-
lished under section 15A(a) of the Railroad other provision of law, the payment for 50 curity Equivalent Benefit Account estab-
Retirement Act of 1974 (45 U.S.C. 14 231n–1(a)) percent of the taxes imposed under section lished under section 15A(a) of the Railroad
amounts equal to the reduction in revenues 1401(a) of the Internal Revenue Code of 1986 Retirement Act of 1974 (45 U.S.C. 231n–1(a))
to the Treasury by reason of this section for the payroll tax deferral period shall not an amount equal to the reduction in the
(without regard to this subsection). Amounts be due before the applicable date. transfers to such fund for such fiscal year by
appropriated by the preceding sentence shall (2) ESTIMATED TAXES.—For purposes of ap- reason of this section. Amounts appropriated
be transferred from the general fund at such plying section 6654 of the Internal Revenue by the preceding sentence shall be trans-
times and in such manner as to replicate to Code of 1986 to any taxable year which in- ferred from the general fund at such times
the extent possible the transfers which cludes any part of the payroll tax deferral and in such manner as to replicate to the ex-
would have occurred to such Trust Fund or period, 50 percent of the taxes imposed under tent possible the transfers which would have
Account had this section not been enacted. section 1401(a) of such Code for the payroll occurred to such Trust Fund had such
(j) RULE FOR EMPLOYERS TAKING SMALL tax deferral period shall not be treated as amendments not been enacted.
BUSINESS INTERRUPTION LOAN.—If an eligible taxes to which such section 6654 applies. (f) REGULATORY AUTHORITY.—The Sec-
employer receives a covered loan under para- retary shall issue such regulations or other
(c) LIABILITY OF THIRD PARTIES.—
graph (36) of section 7(a) of the Small Busi- guidance as necessary to carry out the pur-
(1) ACTS TO BE PERFORMED BY AGENTS.—For
ness Act (15 U.S.C. 636(a)), as added by sec- poses of this section, including rules for the
purposes of section 3504 of the Internal Rev-
tion 1102 of this Act, such employer shall not administration and enforcement of sub-
enue Code of 1986, in the case of any person
be eligible for the credit under this section. section (c).
(k) TREATMENT OF DEPOSITS.—The Sec- designated pursuant to such section (and any
retary shall waive any penalty under section regulations or other guidance issued by the SEC. 2303. MODIFICATIONS FOR NET OPERATING
Secretary with respect to such section) to LOSSES.
6656 of the Internal Revenue Code of 1986 for
any failure to make a deposit of any applica- perform acts otherwise required to be per- (a) TEMPORARY REPEAL OF TAXABLE INCOME
ble employment taxes if the Secretary deter- formed by an employer under such Code, if LIMITATION.—
mines that such failure was due to the rea- such employer directs such person to defer (1) IN GENERAL.—The first sentence of sec-
sonable anticipation of the credit allowed payment of any applicable employment tion 172(a) of the Internal Revenue Code of
under this section. taxes during the payroll tax deferral period 1986 is amended by striking ‘‘an amount
(l) REGULATIONS AND GUIDANCE.—The Sec- under this section, such employer shall be equal to’’ and all that follows and inserting
retary shall issue such forms, instructions, solely liable for the payment of such applica- ‘‘an amount equal to—
regulations, and guidance as are necessary— ble employment taxes before the applicable ‘‘(1) in the case of a taxable year beginning
(1) to allow the advance payment of the date for any wages paid by such person on before January 1, 2021, the aggregate of the
credit under subsection (a), subject to the behalf of such employer during such period. net operating loss carryovers to such year,
limitations provided in this section, based on (2) CERTIFIED PROFESSIONAL EMPLOYER OR- plus the net operating loss carrybacks to
such information as the Secretary shall re- GANIZATIONS.—For purposes of section 3511, such year, and
quire, in the case of a certified professional em- ‘‘(2) in the case of a taxable year beginning
(2) to provide for the reconciliation of such ployer organization (as defined in subsection after December 31, 2020, the sum of—
advance payment with the amount advanced (a) of section 7705 of the Internal Revenue ‘‘(A) the aggregate amount of net oper-
at the time of filing the return of tax for the Code of 1986) that has entered into a service ating losses arising in taxable years begin-
applicable calendar quarter or taxable year, contract described in subsection (e)(2) of ning before January 1, 2018, carried to such
(3) to provide for the recapture of the cred- such section with a customer, if such cus- taxable year, plus
it under this section if such credit is allowed tomer directs such organization to defer pay- ‘‘(B) the lesser of—
to a taxpayer which receives a loan described ment of any applicable employment taxes ‘‘(i) the aggregate amount of net operating
in subsection (j) during a subsequent quar- during the payroll tax deferral period under losses arising in taxable years beginning
ter, this section, such customer shall, notwith- after December 31, 2017, carried to such tax-
(4) with respect to the application of the standing subsections (a) and (c) of section able year, or
credit under subsection (a) to third party 3511, be solely liable for the payment of such ‘‘(ii) 80 percent of the excess (if any) of—
payors (including professional employer or- applicable employment taxes before the ap- ‘‘(I) taxable income computed without re-
ganizations, certified professional employer plicable date for any wages paid by such or- gard to the deductions under this section and
organizations, or agents under section 3504 of ganization to any work site employee per- sections 199A and 250, over
the Internal Revenue Code of 1986), including forming services for such customer during ‘‘(II) the amount determined under sub-
regulations or guidance allowing such payors such period. paragraph (A).’’.
to submit documentation necessary to sub- (d) DEFINITIONS.—For purposes of this sec- (2) CONFORMING AMENDMENTS.—
stantiate the eligible employer status of em- tion— (A) Section 172(b)(2)(C) of such Code is
ployers that use such payors, and (1) APPLICABLE EMPLOYMENT TAXES.—The amended to read as follows:
(5) for application of subparagraphs term ‘‘applicable employment taxes’’ means ‘‘(C) for taxable years beginning after De-
(A)(ii)(II) and (B) of subsection (c)(2) in the the following: cember 31, 2020, be reduced by 20 percent of
case of any employer which was not carrying (A) The taxes imposed under section 3111(a) the excess (if any) described in subsection
on a trade or business for all or part of the of the Internal Revenue Code of 1986. (a)(2)(B)(ii) for such taxable year.’’.
same calendar quarter in the prior year. (B) So much of the taxes imposed under (B) Section 172(d)(6)(C) of such Code is
(m) APPLICATION.—This section shall only section 3211(a) of such Code as are attrib- amended by striking ‘‘subsection (a)(2)’’ and
apply to wages paid after March 12, 2020, and utable to the rate in effect under section inserting ‘‘subsection (a)(2)(B)(ii)(I)’’.
before January 1, 2021. 3111(a) of such Code. (C) Section 860E(a)(3)(B) of such Code is
SEC. 2302. DELAY OF PAYMENT OF EMPLOYER (C) So much of the taxes imposed under amended by striking all that follows ‘‘for
PAYROLL TAXES. section 3221(a) of such Code as are attrib- purposes of’’ and inserting ‘‘subsection
(a) IN GENERAL.— utable to the rate in effect under section (a)(2)(B)(ii)(I) and the second sentence of sub-
(1) TAXES.—Notwithstanding any other 3111(a) of such Code. section (b)(2) of section 172.’’.
provision of law, the payment for applicable (2) PAYROLL TAX DEFERRAL PERIOD.—The (b) MODIFICATIONS OF RULES RELATING TO
employment taxes for the payroll tax defer- term ‘‘payroll tax deferral period’’ means the CARRYBACKS.—
ral period shall not be due before the appli- period beginning on the date of the enact- (1) IN GENERAL.—Section 172(b)(1) of the In-
cable date. ment of this Act and ending before January ternal Revenue Code of 1986 is amended by
(2) DEPOSITS.—Notwithstanding section 1, 2021. adding at the end the following new subpara-
6302 of the Internal Revenue Code of 1986, an (3) APPLICABLE DATE.—The term ‘‘applica- graph:
employer shall be treated as having timely ble date’’ means— ‘‘(D) SPECIAL RULE FOR LOSSES ARISING IN
made all deposits of applicable employment (A) December 31, 2021, with respect to 50 2018, 2019, AND 2020.—
dlhill on DSKBBY8HB2PROD with SENATE
taxes that are required to be made (without percent of the amounts to which subsection ‘‘(i) IN GENERAL.—In the case of any net op-
regard to this section) for such taxes during (a) or (b), as the case may be, apply, and erating loss arising in a taxable year begin-
the payroll tax deferral period if all such de- (B) December 31, 2022, with respect to the ning after December 31, 2017, and before Jan-
posits are made not later than the applicable remaining such amounts. uary 1, 2021—
date. (4) SECRETARY.—The term ‘‘Secretary’’ ‘‘(I) such loss shall be a net operating loss
(3) EXCEPTION.—This subsection shall not means the Secretary of the Treasury (or the carryback to each of the 5 taxable years pre-
apply to any taxpayer if such taxpayer has Secretary’s delegate). ceding the taxable year of such loss, and
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2084 CONGRESSIONAL RECORD — SENATE March 25, 2020
‘‘(II) subparagraphs (B) and (C)(i) shall not ‘‘(A) GENERAL RULE.—A net operating loss (2) Section 461(l)(3)(A) of such Code is
apply. for any taxable year— amended—
‘‘(ii) SPECIAL RULES FOR REITS.—For pur- ‘‘(i) shall be a net operating loss carryback (A) in clause (i), by inserting ‘‘and without
poses of this subparagraph— to the extent provided in subparagraphs (B) regard to any deduction allowable under sec-
‘‘(I) IN GENERAL.—A net operating loss for and (C)(i), and tion 172 or 199A’’ after ‘‘under paragraph (1)’’,
a REIT year shall not be a net operating loss ‘‘(ii) except as provided in subparagraph and
carryback to any taxable year preceding the (C)(ii), shall be a net operating loss carry- (B) by adding at the end the following flush
taxable year of such loss. over— sentence:
‘‘(II) SPECIAL RULE.—In the case of any net ‘‘(I) in the case of a net operating loss aris- ‘‘Such excess shall be determined without re-
operating loss for a taxable year which is not ing in a taxable year beginning before Janu- gard to any deductions, gross income, or
a REIT year, such loss shall not be carried to ary 1, 2018, to each of the 20 taxable years gains attributable to any trade or business of
any preceding taxable year which is a REIT following the taxable year of the loss, and performing services as an employee.’’.
year. ‘‘(II) in the case of a net operating loss (3) Section 461(l)(3) of such Code is amend-
‘‘(III) REIT YEAR.—For purposes of this arising in a taxable year beginning after De- ed by redesignating subparagraph (B) as sub-
subparagraph, the term ‘REIT year’ means cember 31, 2017, to each taxable year fol- paragraph (C) and by inserting after subpara-
any taxable year for which the provisions of lowing the taxable year of the loss.’’. graph (A) the following new subparagraph:
part II of subchapter M (relating to real es- (d) EFFECTIVE DATES.— ‘‘(B) TREATMENT OF CAPITAL GAINS AND
tate investment trusts) apply to the tax- (1) NET OPERATING LOSS LIMITATION.—The LOSSES.—
payer. amendments made by subsection (a) shall ‘‘(i) LOSSES.—Deductions for losses from
‘‘(iii) SPECIAL RULE FOR LIFE INSURANCE apply— sales or exchanges of capital assets shall not
COMPANIES.— In the case of a life insurance (A) to taxable years beginning after De- be taken into account under subparagraph
company, if a net operating loss is carried cember 31, 2017, and (A)(i).
pursuant to clause (i)(I) to a life insurance (B) to taxable years beginning on or before ‘‘(ii) GAINS.—The amount of gains from
company taxable year beginning before Jan- December 31, 2017, to which net operating sales or exchanges of capital assets taken
uary 1, 2018, such net operating loss losses arising in taxable years beginning into account under subparagraph (A)(ii) shall
carryback shall be treated in the same man- after December 31, 2017, are carried. not exceed the lesser of—
ner as an operations loss carryback (within (2) CARRYOVERS AND CARRYBACKS.—The ‘‘(I) the capital gain net income deter-
the meaning of section 810 as in effect before amendment made by subsection (b) shall mined by taking into account only gains and
its repeal) of such company to such taxable apply to— losses attributable to a trade or business, or
year. (A) net operating losses arising in taxable ‘‘(II) the capital gain net income.’’.
‘‘(iv) RULE RELATING TO CARRYBACKS TO years beginning after December 31, 2017, and
(B) taxable years beginning before, on, or (c) EFFECTIVE DATES.—
YEARS TO WHICH SECTION 965 APPLIES.—If a net
after such date to which such net operating (1) IN GENERAL.—The amendments made by
operating loss of a taxpayer is carried pursu- subsection (a) shall apply to taxable years
ant to clause (i)(I) to any taxable year in losses are carried.
(3) TECHNICAL AMENDMENTS.—The amend- beginning after December 31, 2017.
which an amount is includible in gross in- (2) TECHNICAL AMENDMENTS.—The amend-
come by reason of section 965(a), the tax- ments made by subsection (c) shall take ef-
fect as if included in the provisions of Public ments made by subsection (b) shall take ef-
payer shall be treated as having made the fect as if included in the provisions of Public
election under section 965(n) with respect to Law 115–97 to which they relate.
(4) SPECIAL RULE.—In the case of a net op- Law 115–97 to which they relate.
each such taxable year.
‘‘(v) SPECIAL RULES FOR ELECTIONS UNDER erating loss arising in a taxable year begin- SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR
PARAGRAPH (3).—
ning before January 1, 2018, and ending after YEAR MINIMUM TAX LIABILITY OF
‘‘(I) SPECIAL ELECTION TO EXCLUDE SECTION December 31, 2017— CORPORATIONS.
965 YEARS.— If the 5-year carryback period
(A) an application under section 6411(a) of
(a) IN GENERAL.—Section 53(e) of the Inter-
under clause (i)(I) with respect to any net op- the Internal Revenue Code of 1986 with re-
nal Revenue Code of 1986 is amended—
erating loss of a taxpayer includes 1 or more spect to the carryback of such net operating
(1) by striking ‘‘2018, 2019, 2020, or 2021’’ in
taxable years in which an amount is includ- loss shall not fail to be treated as timely
paragraph (1) and inserting ‘‘2018 or 2019’’,
ible in gross income by reason of section filed if filed not later than the date which is
and
965(a), the taxpayer may, in lieu of the elec- 120 days after the date of the enactment of
(2) by striking ‘‘2021’’ in paragraph (2) and
tion otherwise available under paragraph (3), this Act, and
inserting ‘‘2019’’.
elect under such paragraph to exclude all (B) an election to—
(i) forgo any carryback of such net oper- (b) ELECTION TO TAKE ENTIRE REFUNDABLE
such taxable years from such carryback pe-
ating loss, CREDIT AMOUNT IN 2018.—
riod.
(ii) reduce any period to which such net op- (1) IN GENERAL.—Section 53(e) of such Code
‘‘(II) TIME OF ELECTIONS.—An election
erating loss may be carried back, or is amended by adding at the end the fol-
under paragraph (3) (including an election
(iii) revoke any election made under sec- lowing new paragraph:
described in subclause (I)) with respect to a
tion 172(b) to forgo any carryback of such ‘‘(5) SPECIAL RULE.—In the case of a cor-
net operating loss arising in a taxable year
net operating loss, poration making an election under this para-
beginning in 2018 or 2019 shall be made by the
shall not fail to be treated as timely made if graph—
due date (including extensions of time) for
made not later than the date which is 120 ‘‘(A) paragraph (1) shall not apply, and
filing the taxpayer’s return for the first tax-
days after the date of the enactment of this ‘‘(B) subsection (c) shall not apply to the
able year ending after the date of the enact-
Act. first taxable year of such corporation begin-
ment of this subparagraph.’’.
SEC. 2304. MODIFICATION OF LIMITATION ON ning in 2018.’’.
(2) CONFORMING AMENDMENT.—Section
LOSSES FOR TAXPAYERS OTHER (c) EFFECTIVE DATE.—The amendments
172(b)(1)(A) of such Code, as amended by sub- THAN CORPORATIONS.
section (c)(2), is amended by striking ‘‘and made by this section shall apply to taxable
(a) IN GENERAL.—Section 461(l)(1) of the In-
(C)(i)’’ and inserting ‘‘, (C)(i), and (D)’’. years beginning after December 31, 2017.
ternal Revenue Code of 1986 is amended to
(c) TECHNICAL AMENDMENT RELATING TO read as follows: (d) SPECIAL RULE.—
SECTION 13302 OF PUBLIC LAW 115–97.— ‘‘(1) LIMITATION.—In the case of a taxpayer (1) IN GENERAL.—For purposes of the Inter-
(1) Section 13302(e) of Public Law 115–97 is other than a corporation— nal Revenue Code of 1986, a credit or refund
amended to read as follows: ‘‘(A) for any taxable year beginning after for which an application described in para-
‘‘(e) EFFECTIVE DATES.— December 31, 2017, and before January 1, 2026, graph (2)(A) is filed shall be treated as made
‘‘(1) NET OPERATING LOSS LIMITATION.—The subsection (j) (relating to limitation on ex- under section 6411 of such Code.
amendments made by subsections (a) and cess farm losses of certain taxpayers) shall (2) TENTATIVE REFUND.—
(d)(2) shall apply to— not apply, and (A) APPLICATION.—A taxpayer may file an
‘‘(A) taxable years beginning after Decem- ‘‘(B) for any taxable year beginning after application for a tentative refund of any
ber 31, 2017, and December 31, 2020, and before January 1, 2026, amount for which a refund is due by reason
‘‘(B) taxable years beginning on or before any excess business loss of the taxpayer for of an election under section 53(e)(5) of the In-
such date to which net operating losses aris- the taxable year shall not be allowed.’’. ternal Revenue Code of 1986. Such applica-
ing in taxable years beginning after such (b) TECHNICAL AMENDMENTS RELATING TO tion shall be in such manner and form as the
date are carried. SECTION 11012 OF PUBLIC LAW 115–97.— Secretary of the Treasury (or the Secretary’s
‘‘(2) CARRYOVERS AND CARRYBACKS.—The (1) Section 461(l)(2) of the Internal Revenue delegate) may prescribe and shall—
dlhill on DSKBBY8HB2PROD with SENATE
amendments made by subsections (b), (c), Code of 1986 is amended by striking ‘‘a net (i) be verified in the same manner as an ap-
and (d)(1) shall apply to net operating losses operating loss carryover to the following plication under section 6411(a) of such Code,
arising in taxable years beginning after De- taxable year under section 172’’ and inserting (ii) be filed prior to December 31, 2020, and
cember 31, 2017.’’. ‘‘a net operating loss for the taxable year for (iii) set forth—
(2) Section 172(b)(1)(A) of the Internal Rev- purposes of determining any net operating (I) the amount of the refundable credit
enue Code of 1986 is amended to read as fol- loss carryover under section 172(b) for subse- claimed under section 53(e) of such Code for
lows: quent taxable years’’. such taxable year,
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2085
(II) the amount of the refundable credit 2019 which is substituted under clause (i) tional Academies of Sciences, Engineering,
claimed under such section for any pre- shall be equal to the amount which bears the and Medicine (referred to in this section as
viously filed return for such taxable year, same ratio to such adjusted taxable income the ‘‘National Academies’’) to examine, and,
and determined without regard to this clause as in a manner that does not compromise na-
(III) the amount of the refund claimed. the number of months in the short taxable tional security, report on, the security of the
(B) ALLOWANCE OF ADJUSTMENTS.—Within a year bears to 12’’. United States medical product supply chain.
period of 90 days from the date on which an (b) EFFECTIVE DATE.—The amendments (b) PURPOSES.—The report developed under
application is filed under subparagraph (A), made by this section shall apply to taxable this section shall—
the Secretary of the Treasury (or the Sec- years beginning after December 31, 2018. (1) assess and evaluate the dependence of
retary’s delegate) shall— SEC. 2307. TECHNICAL AMENDMENTS REGARD- the United States, including the private
(i) review the application, ING QUALIFIED IMPROVEMENT commercial sector, States, and the Federal
(ii) determine the amount of the overpay- PROPERTY. Government, on critical drugs and devices
ment, and (a) IN GENERAL.—Section 168 of the Inter- that are sourced or manufactured outside of
(iii) apply, credit, or refund such overpay- nal Revenue Code of 1986 is amended— the United States, which may include an
ment, (1) in subsection (e)— analysis of—
in a manner similar to the manner provided (A) in paragraph (3)(E), by striking ‘‘and’’ (A) the supply chain of critical drugs and
in section 6411(b) of the Internal Revenue at the end of clause (v), by striking the pe- devices of greatest priority to providing
Code of 1986. riod at the end of clause (vi) and inserting ‘‘, health care;
(C) CONSOLIDATED RETURNS.—The provi- and’’, and by adding at the end the following (B) any potential public health security or
sions of section 6411(c) of the Internal Rev- new clause: national security risks associated with reli-
enue Code of 1986 Code shall apply to an ad- ‘‘(vii) any qualified improvement prop- ance on critical drugs and devices sourced or
justment under this paragraph to the same erty.’’, and manufactured outside of the United States,
extent and manner as the Secretary of the (B) in paragraph (6)(A), by inserting ‘‘made which may include responses to previous or
Treasury (or the Secretary’s delegate) may by the taxpayer’’ after ‘‘any improvement’’, existing shortages or public health emer-
provide. and gencies, such as infectious disease outbreaks,
SEC. 2306. MODIFICATIONS OF LIMITATION ON (2) in the table contained in subsection bioterror attacks, and other public health
BUSINESS INTEREST. (g)(3)(B)— threats;
(a) IN GENERAL.—Section 163(j) of the In- (A) by striking the item relating to sub- (C) any existing supply chain information
ternal Revenue Code of 1986 is amended by paragraph (D)(v), and gaps, as applicable; and
redesignating paragraph (10) as paragraph (D) potential economic impact of increased
(B) by inserting after the item relating to
(11) and by inserting after paragraph (9) the domestic manufacturing; and
subparagraph (E)(vi) the following new item:
following new paragraph: (2) provide recommendations, which may
‘‘(E)(vii) .................................... 20’’.
‘‘(10) SPECIAL RULE FOR TAXABLE YEARS BE- include a plan to improve the resiliency of
(b) EFFECTIVE DATE.—The amendments
GINNING IN 2019 AND 2020.— the supply chain for critical drugs and de-
made by this section shall take effect as if
‘‘(A) IN GENERAL.— vices as described in paragraph (1), and to ad-
included in section 13204 of Public Law 115–
‘‘(i) IN GENERAL.—Except as provided in dress any supply vulnerabilities or potential
97.
clause (ii) or (iii), in the case of any taxable disruptions of such products that would sig-
SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE nificantly affect or pose a threat to public
year beginning in 2019 or 2020, paragraph
TAX FOR ALCOHOL USED TO
(1)(B) shall be applied by substituting ‘50 per- PRODUCE HAND SANITIZER.
health security or national security, as ap-
cent’ for ‘30 percent’. propriate, which may include strategies to—
(a) IN GENERAL.—Section 5214(a) of the In-
‘‘(ii) SPECIAL RULE FOR PARTNERSHIPS.—In (A) promote supply chain redundancy and
ternal Revenue Code of 1986 is amended—
the case of a partnership— contingency planning;
(1) in paragraph (13), by striking the period
‘‘(I) clause (i) shall not apply to any tax- (B) encourage domestic manufacturing, in-
at the end and inserting ‘‘; or’’, and cluding consideration of economic impacts,
able year beginning in 2019, but
(2) by adding at the end the following new if any;
‘‘(II) unless a partner elects not to have
paragraph: (C) improve supply chain information gaps;
this subclause apply, in the case of any ex-
‘‘(14) with respect to distilled spirits re- (D) improve planning considerations for
cess business interest of the partnership for
any taxable year beginning in 2019 which is moved after December 31, 2019, and before medical product supply chain capacity dur-
allocated to the partner under paragraph January 1, 2021, free of tax for use in or con- ing public health emergencies; and
(4)(B)(i)(II)— tained in hand sanitizer produced and dis- (E) promote the accessibility of such drugs
‘‘(aa) 50 percent of such excess business in- tributed in a manner consistent with any and devices.
terest shall be treated as business interest guidance issued by the Food and Drug Ad- (c) INPUT.—In conducting the study and de-
which, notwithstanding paragraph (4)(B)(ii), ministration that is related to the outbreak veloping the report under subsection (b), the
is paid or accrued by the partner in the part- of virus SARS-CoV-2 or coronavirus disease National Academies shall—
ner’s first taxable year beginning in 2020 and 2019 (COVID-19).’’. (1) consider input from the Department of
which is not subject to the limits of para- (b) EFFECTIVE DATE.—The amendments Health and Human Services, the Department
graph (1), and made by this section shall apply to distilled of Homeland Security, the Department of
‘‘(bb) 50 percent of such excess business in- spirits removed after December 31, 2019. Defense, the Department of Commerce, the
terest shall be subject to the limitations of (c) APPLICATION OF OTHER LAWS.—Any dis- Department of State, the Department of Vet-
paragraph (4)(B)(ii) in the same manner as tilled spirits or product described in para- erans Affairs, the Department of Justice, and
any other excess business interest so allo- graph (14) of section 5214(a) of the Internal any other Federal agencies as appropriate;
cated. Revenue Code of 1986 (as added by this sec- and
‘‘(iii) ELECTION OUT.—A taxpayer may tion) shall not be subject to any require- (2) consult with relevant stakeholders,
elect, at such time and in such manner as ments related to labeling or bulk sales which may include conducting public meet-
the Secretary may prescribe, not to have under— ings and other forms of engagement, as ap-
clause (i) apply to any taxable year. Such an (1) section 105 or 106 of the Federal Alcohol propriate, with health care providers, med-
election, once made, may be revoked only Administration Act (27 U.S.C. 205, 206); or ical professional societies, State-based soci-
with the consent of the Secretary. In the (2) section 204 of the Alcoholic Beverage eties, public health experts, State and local
case of a partnership, any such election shall Labeling Act of 1988 (27 U.S.C. 215). public health departments, State medical
be made by the partnership and may be made TITLE III—SUPPORTING AMERICA’S boards, patient groups, medical product
only for taxable years beginning in 2020. HEALTH CARE SYSTEM IN THE FIGHT manufacturers, health care distributors,
‘‘(B) ELECTION TO USE 2019 ADJUSTED TAX- AGAINST THE CORONAVIRUS wholesalers and group purchasing organiza-
tions, pharmacists, and other entities with
ABLE INCOME FOR TAXABLE YEARS BEGINNING Subtitle A—Health Provisions
IN 2020.—
experience in health care and public health,
SEC. 3001. SHORT TITLE. as appropriate.
‘‘(i) IN GENERAL.—Subject to clause (ii), in This subtitle may be cited as the (d) DEFINITIONS.—In this section, the terms
the case of any taxable year beginning in ‘‘Coronavirus Aid, Relief, and Economic Se- ‘‘device’’ and ‘‘drug’’ have the meanings
2020, the taxpayer may elect to apply this curity Act’’. given such terms in section 201 of the Fed-
subsection by substituting the adjusted tax-
PART I—ADDRESSING SUPPLY eral Food, Drug, and Cosmetic Act (21 U.S.C.
able income of the taxpayer for the last tax- 321).
able year beginning in 2019 for the adjusted SHORTAGES
SEC. 3102. REQUIRING THE STRATEGIC NA-
taxable income for such taxable year. In the Subpart A—Medical Product Supplies TIONAL STOCKPILE TO INCLUDE
dlhill on DSKBBY8HB2PROD with SENATE
case of a partnership, any such election shall SEC. 3101. NATIONAL ACADEMIES REPORT ON CERTAIN TYPES OF MEDICAL SUP-
be made by the partnership. AMERICA’S MEDICAL PRODUCT SUP- PLIES.
‘‘(ii) SPECIAL RULE FOR SHORT TAXABLE PLY CHAIN SECURITY. Section 319F–2(a)(1) of the Public Health
YEARS.—If an election is made under clause (a) IN GENERAL.—Not later than 60 days Service Act (42 U.S.C. 247d–6b(a)(1)) is
(i) for a taxable year which is a short taxable after the date of enactment of this Act, the amended by inserting ‘‘(including personal
year, the adjusted taxable income for the Secretary of Health and Human Services protective equipment, ancillary medical sup-
taxpayer’s last taxable year beginning in shall enter into an agreement with the Na- plies, and other applicable supplies required
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2086 CONGRESSIONAL RECORD — SENATE March 25, 2020
for the administration of drugs, vaccines and cable, for each establishment in which such Subpart C—Preventing Medical Device
other biological products, medical devices, drug or active pharmaceutical ingredient of Shortages
and diagnostic tests in the stockpile)’’ after such drug is manufactured. A risk manage- SEC. 3121. DISCONTINUANCE OR INTERRUPTION
‘‘other supplies’’. ment plan under this section shall be subject IN THE PRODUCTION OF MEDICAL
SEC. 3103. TREATMENT OF RESPIRATORY PRO- to inspection and copying by the Secretary DEVICES.
TECTIVE DEVICES AS COVERED pursuant to an inspection or a request under Chapter V of the Federal Food, Drug, and
COUNTERMEASURES. Cosmetic Act (21 U.S.C. 351 et seq.) is amend-
section 704(a)(4).’’.
Section 319F–3(i)(1)(D) of the Public Health ed by inserting after section 506I the fol-
Service Act (42 U.S.C. 247d–6d(i)(1)(D)) is (c) ANNUAL NOTIFICATION.—Section 506E of lowing:
amended to read as follows: the Federal Food, Drug, and Cosmetic Act ‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION
‘‘(D) a respiratory protective device that is (21 U.S.C. 356e) is amended by adding at the IN THE PRODUCTION OF MEDICAL
approved by the National Institute for Occu- end the following: DEVICES.
pational Safety and Health under part 84 of ‘‘(d) INTERAGENCY NOTIFICATION.—Not later ‘‘(a) IN GENERAL.—A manufacturer of a de-
title 42, Code of Federal Regulations (or any vice that—
than 180 days after the date of enactment of
successor regulations), and that the Sec- ‘‘(1) is critical to public health during a
this subsection, and every 90 days thereafter,
retary determines to be a priority for use public health emergency, including devices
the Secretary shall transmit a report regard-
during a public health emergency declared that are life-supporting, life-sustaining, or
ing the drugs of the current drug shortage
under section 319.’’. intended for use in emergency medical care
list under this section to the Administrator or during surgery; or
Subpart B—Mitigating Emergency Drug of the Centers for Medicare & Medicaid Serv-
Shortages ‘‘(2) for which the Secretary determines
ices.’’. that information on potential meaningful
SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLI- supply disruptions of such device is needed
(d) REPORTING AFTER INSPECTIONS.—Sec-
CATIONS; INCENTIVES.
tion 704(b) of the Federal Food, Drug, and during, or in advance of, a public health
Section 506C(g) of the Federal Food, Drug, emergency;
Cosmetic Act (21 U.S.C. 374(b)) is amended—
and Cosmetic Act (21 U.S.C. 356c(g)) is shall, during, or in advance of, a public
(1) by redesignating paragraphs (1) and (2)
amended— health emergency declared by the Secretary
and subparagraphs (A) and (B);
(1) in paragraph (1), by striking ‘‘the Sec- under section 319 of the Public Health Serv-
(2) by striking ‘‘(b) Upon completion’’ and
retary may’’ and inserting ‘‘the Secretary ice Act, notify the Secretary, in accordance
inserting ‘‘(b)(1) Upon completion’’; and
shall, as appropriate’’; with subsection (b), of a permanent dis-
(3) by adding at the end the following:
(2) in paragraph (1), by inserting continuance in the manufacture of the de-
‘‘prioritize and’’ before ‘‘expedite the re- ‘‘(2) In carrying out this subsection with vice (except for discontinuances as a result
view’’; and respect to any establishment manufacturing of an approved modification of the device) or
(3) in paragraph (2), by inserting a drug approved under subsection (c) or (j) of an interruption of the manufacture of the de-
‘‘prioritize and’’ before ‘‘expedite an inspec- section 505 for which a notification has been vice that is likely to lead to a meaningful
tion’’. submitted in accordance with section 506C is, disruption in the supply of that device in the
SEC. 3112.
ADDITIONAL MANUFACTURER RE- or has been in the last 5 years, listed on the United States, and the reasons for such dis-
PORTING REQUIREMENTS IN RE- drug shortage list under section 506E, or that continuance or interruption.
SPONSE TO DRUG SHORTAGES. is described in section 505(j)(11)(A), a copy of ‘‘(b) TIMING.—A notice required under sub-
(a) EXPANSION TO INCLUDE ACTIVE PHARMA- the report shall be sent promptly to the ap- section (a) shall be submitted to the Sec-
CEUTICAL INGREDIENTS.—Subsection (a) of propriate offices of the Food and Drug Ad- retary—
section 506C of the Federal Food, Drug, and ministration with expertise regarding drug ‘‘(1) at least 6 months prior to the date of
Cosmetic Act (21 U.S.C. 356c) is amended— shortages.’’. the discontinuance or interruption; or
(1) in paragraph (1)(C), by inserting ‘‘or any ‘‘(2) if compliance with paragraph (1) is not
such drug that is critical to the public (e) REPORTING REQUIREMENT.—Section
possible, as soon as practicable.
health during a public health emergency de- 510(j) of the Federal Food, Drug, Cosmetic ‘‘(c) DISTRIBUTION.—
clared by the Secretary under section 319 of Act (21 U.S.C. 360(j)) is amended— ‘‘(1) PUBLIC AVAILABILITY.—To the max-
the Public Health Service Act’’ after ‘‘during (1) by redesignating paragraphs (3) and (4) imum extent practicable, subject to para-
surgery’’; and as paragraphs (4) and (5), respectively; and graph (2), the Secretary shall distribute,
(2) in the flush text at the end— (2) by inserting after paragraph (2) the fol- through such means as the Secretary deter-
(A) by inserting ‘‘, or a permanent dis- lowing: mines appropriate, information on the dis-
continuance in the manufacture of an active ‘‘(3)(A) Each person who registers with the continuance or interruption of the manufac-
pharmaceutical ingredient or an interrup- Secretary under this section with regard to a ture of devices reported under subsection (a)
tion in the manufacture of the active phar- drug shall report annually to the Secretary to appropriate organizations, including phy-
maceutical ingredient of such drug that is on the amount of each drug listed under sician, health provider, patient organiza-
likely to lead to a meaningful disruption in paragraph (1) that was manufactured, pre- tions, and supply chain partners, as appro-
the supply of the active pharmaceutical in- pared, propagated, compounded, or processed priate and applicable, as described in sub-
gredient of such drug,’’ before ‘‘and the rea- by such person for commercial distribution. section (g).
sons’’; and Such information may be required to be sub- ‘‘(2) PUBLIC HEALTH EXCEPTION.—The Sec-
(B) by adding at the end the following: mitted in an electronic format as determined retary may choose not to make information
‘‘Notification under this subsection shall in- by the Secretary. The Secretary may require collected under this section publicly avail-
clude disclosure of reasons for the dis- that information required to be reported able pursuant to this section if the Secretary
continuation or interruption, and if applica- under this paragraph be submitted at the determines that disclosure of such informa-
ble, an active pharmaceutical ingredient is a time a public health emergency is declared tion would adversely affect the public
reason for, or risk factor in, such discontinu- by the Secretary under section 319 of the health, such as by increasing the possibility
ation or interruption, the source of the ac- Public Health Service Act. of unnecessary over purchase of product,
tive pharmaceutical ingredient and any al- ‘‘(B) By order of the Secretary, certain bio- component parts, or other disruption of the
ternative sources for the active pharma- logical products or categories of biological availability of medical products to patients.
ceutical ingredient known by the manufac- products regulated under section 351 of the ‘‘(d) CONFIDENTIALITY.—Nothing in this
turer; whether any associated device used for Public Health Service Act may be exempt section shall be construed as authorizing the
preparation or administration included in from some or all of the reporting require- Secretary to disclose any information that is
the drug is a reason for, or a risk factor in, ments under subparagraph (A), if the Sec- a trade secret or confidential information
such discontinuation or interruption; the ex- retary determines that applying such report- subject to section 552(b)(4) of title 5, United
pected duration of the interruption; and such ing requirements to such biological products States Code, or section 1905 of title 18,
other information as the Secretary may re- or categories of biological products is not United States Code.
quire.’’. necessary to protect the public health.’’. ‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a
(b) RISK MANAGEMENT.—Section 506C of the (f) CONFIDENTIALITY.—Nothing in the person fails to submit information required
Federal Food, Drug, and Cosmetic Act (21 amendments made by this section shall be under subsection (a) in accordance with sub-
U.S.C. 356c) is amended by adding at the end construed as authorizing the Secretary to section (b)—
the following: disclose any information that is a trade se- ‘‘(1) the Secretary shall issue a letter to
‘‘(j) RISK MANAGEMENT PLANS.—Each man- such person informing such person of such
cret or confidential information subject to
ufacturer of a drug described in subsection failure;
dlhill on DSKBBY8HB2PROD with SENATE
section 552(b)(4) of title 5, United States
(a) or of any active pharmaceutical ingre- ‘‘(2) not later than 30 calendar days after
Code, or section 1905 of title 18, United
dient or any associated medical device used the issuance of a letter under paragraph (1),
States Code.
for preparation or administration included in the person who receives such letter shall
the drug, shall develop, maintain, and imple- (g) EFFECTIVE DATE.—The amendments submit to the Secretary a written response
ment, as appropriate, a redundancy risk made by this section and section 3111 shall to such letter setting forth the basis for non-
management plan that identifies and evalu- take effect on the date that is 180 days after compliance and providing information re-
ates risks to the supply of the drug, as appli- the date of enactment of this Act. quired under subsection (a); and
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2087
‘‘(3) not later than 45 calendar days after ‘‘(i) DEFINITIONS.—In this section: vider in an amount that equals the cash
the issuance of a letter under paragraph (1), ‘‘(1) MEANINGFUL DISRUPTION.—The term price for such service as listed by the pro-
the Secretary shall make such letter and any ‘meaningful disruption’— vider on a public internet website, or such
response to such letter under paragraph (2) ‘‘(A) means a change in production that is plan or issuer may negotiate a rate with
available to the public on the internet reasonably likely to lead to a reduction in such provider for less than such cash price.
website of the Food and Drug Administra- the supply of a device by a manufacturer (b) REQUIREMENT TO PUBLICIZE CASH PRICE
tion, with appropriate redactions made to that is more than negligible and affects the FOR DIAGNOSTIC TESTING FOR COVID-19.—
protect information described in subsection ability of the manufacturer to fill orders or (1) IN GENERAL.—During the emergency pe-
(d), except that, if the Secretary determines meet expected demand for its product; riod declared under section 319 of the Public
that the letter under paragraph (1) was ‘‘(B) does not include interruptions in man- Health Service Act (42 U.S.C. 247d), each pro-
issued in error or, after review of such re- ufacturing due to matters such as routine vider of a diagnostic test for COVID-19 shall
sponse, the person had a reasonable basis for maintenance or insignificant changes in make public the cash price for such test on
not notifying as required under subsection manufacturing so long as the manufacturer a public internet website of such provider.
(a), the requirements of this paragraph shall expects to resume operations in a short pe- (2) CIVIL MONETARY PENALTIES.—The Sec-
not apply. riod of time, not to exceed 6 months; retary of Health and Human Services may
‘‘(f) EXPEDITED INSPECTIONS AND RE- ‘‘(C) does not include interruptions in man- impose a civil monetary penalty on any pro-
VIEWS.—If, based on notifications described ufacturing of components or raw materials vider of a diagnostic test for COVID-19 that
in subsection (a) or any other relevant infor- so long as such interruptions do not result in is not in compliance with paragraph (1) and
mation, the Secretary concludes that there a shortage of the device and the manufac- has not completed a corrective action plan
is, or is likely to be, a shortage of an device, turer expects to resume operations in a rea- to comply with the requirements of such
the Secretary shall, as appropriate— sonable period of time; and paragraph, in an amount not to exceed $300
‘‘(1) prioritize and expedite the review of a ‘‘(D) does not include interruptions in per day that the violation is ongoing.
submission under section 513(f)(2), 515, review manufacturing that do not lead to a reduc- SEC. 3203. RAPID COVERAGE OF PREVENTIVE
of a notification under section 510(k), or tion in procedures or diagnostic tests associ- SERVICES AND VACCINES FOR
520(m) for a device that could help mitigate ated with a medical device designed to per- CORONAVIRUS.
or prevent such shortage; or form more than one procedure or diagnostic (a) IN GENERAL.—Notwithstanding 2713(b)
‘‘(2) prioritize and expedite an inspection test. of the Public Health Service Act (42 U.S.C.
or reinspection of an establishment that ‘‘(2) SHORTAGE.—The term ‘shortage’, with 300gg–13), the Secretary of Health and
could help mitigate or prevent such short- respect to a device, means a period of time Human Services, the Secretary of Labor, and
age. when the demand or projected demand for the Secretary of the Treasury shall require
‘‘(g) DEVICE SHORTAGE LIST.— group health plans and health insurance
the device within the United States exceeds
‘‘(1) ESTABLISHMENT.—The Secretary shall issuers offering group or individual health
the supply of the device.’’.
establish and maintain an up-to-date list of insurance to cover (without cost-sharing)
devices that are determined by the Secretary PART II—ACCESS TO HEALTH CARE FOR any qualifying coronavirus preventive serv-
to be in shortage in the United States. COVID-19 PATIENTS ice, pursuant to section 2713(a) of the Public
‘‘(2) CONTENTS.—For each device included Subpart A—Coverage of Testing and Health Service Act (42 U.S.C. 300gg–13(a)) (in-
on the list under paragraph (1), the Sec- Preventive Services cluding the regulations under sections
retary shall include the following informa- SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING 2590.715-2713 of title 29, Code of Federal Regu-
tion: FOR COVID-19. lations, section 54.9815-2713 of title 26, Code
‘‘(A) The category or name of the device in Paragraph (1) of section 6001(a) of division of Federal Regulations, and section 147.130 of
shortage. F of the Families First Coronavirus Re- title 45, Code of Federal Regulations (or any
‘‘(B) The name of each manufacturer of sponse Act (Public Law 116–127) is amended successor regulations)). The requirement de-
such device. to read as follows: scribed in this subsection shall take effect
‘‘(C) The reason for the shortage, as deter- ‘‘(1) An in vitro diagnostic test defined in with respect to a qualifying coronavirus pre-
mined by the Secretary, selecting from the section 809.3 of title 21, Code of Federal Reg- ventive service on the specified date de-
following categories: ulations (or successor regulations) for the scribed in subsection (b)(2).
detection of SARS–CoV–2 or the diagnosis of (b) DEFINITIONS.—For purposes of this sec-
‘‘(i) Requirements related to complying
the virus that causes COVID–19, and the ad- tion:
with good manufacturing practices.
ministration of such a test, that— (1) QUALIFYING CORONAVIRUS PREVENTIVE
‘‘(ii) Regulatory delay.
‘‘(A) is approved, cleared, or authorized SERVICE.—The term ‘‘qualifying coronavirus
‘‘(iii) Shortage or discontinuance of a com-
under section 510(k), 513, 515, or 564 of the preventive service’’ means an item, service,
ponent or part.
Federal Food, Drug, and Cosmetic Act (21 or immunization that is intended to prevent
‘‘(iv) Discontinuance of the manufacture of
U.S.C. 360(k), 360c, 360e, 360bbb–3); or mitigate coronavirus disease 2019 and that
the device.
‘‘(B) the developer has requested, or in- is—
‘‘(v) Delay in shipping of the device.
tends to request, emergency use authoriza- (A) an evidence-based item or service that
‘‘(vi) Delay in sterilization of the device.
tion under section 564 of the Federal Food, has in effect a rating of ‘‘A’’ or ‘‘B’’ in the
‘‘(vii) Demand increase for the device.
Drug, and Cosmetic Act (21 U.S.C. 360bbb–3), current recommendations of the United
‘‘(viii) Facility closure.
unless and until the emergency use author- States Preventive Services Task Force; or
‘‘(D) The estimated duration of the short-
ization request under such section 564 has (B) an immunization that has in effect a
age as determined by the Secretary.
been denied or the developer of such test recommendation from the Advisory Com-
‘‘(3) PUBLIC AVAILABILITY.—
does not submit a request under such section mittee on Immunization Practices of the
‘‘(A) IN GENERAL.—Subject to subpara-
within a reasonable timeframe; Centers for Disease Control and Prevention
graphs (B) and (C), the Secretary shall make
‘‘(C) is developed in and authorized by a with respect to the individual involved.
the information in the list under paragraph
State that has notified the Secretary of (2) SPECIFIED DATE.—The term ‘‘specified
(1) publicly available.
Health and Human Services of its intention date’’ means the date that is 15 business days
‘‘(B) TRADE SECRETS AND CONFIDENTIAL IN-
to review tests intended to diagnose COVID- after the date on which a recommendation is
FORMATION.—Nothing in this subsection shall
19; or made relating to the qualifying coronavirus
be construed to alter or amend section 1905
‘‘(D) other test that the Secretary deter- preventive service as described in such para-
of title 18, United States Code, or section
mines appropriate in guidance.’’. graph.
552(b)(4) of title 5 of such Code.
SEC. 3202. PRICING OF DIAGNOSTIC TESTING. (3) ADDITIONAL TERMS.—In this section, the
‘‘(C) PUBLIC HEALTH EXCEPTION.—The Sec-
(a) REIMBURSEMENT RATES.—A group terms ‘‘group health plan’’, ‘‘health insur-
retary may elect not to make information
health plan or a health insurance issuer pro- ance issuer’’, ‘‘group health insurance cov-
collected under this subsection publicly
viding coverage of items and services de- erage’’, and ‘‘individual health insurance
available if the Secretary determines that
scribed in section 6001(a) of division F of the coverage’’ have the meanings given such
disclosure of such information would ad-
Families First Coronavirus Response Act terms in section 2791 of the Public Health
versely affect the public health (such as by
(Public Law 116–127) with respect to an en- Service Act (42 U.S.C. 300gg–91), section 733
increasing the possibility of hoarding or
rollee shall reimburse the provider of the di- of the Employee Retirement Income Secu-
other disruption of the availability of the de-
agnostic testing as follows: rity Act of 1974 (29 U.S.C. 1191b), and section
vice to patients).
‘‘(h) RULE OF CONSTRUCTION.—Nothing in (1) If the health plan or issuer has a nego- 9832 of the Internal Revenue Code, as appli-
this section shall be construed to affect the tiated rate with such provider in effect be- cable.
authority of the Secretary on the date of en- fore the public health emergency declared Subpart B—Support for Health Care
dlhill on DSKBBY8HB2PROD with SENATE
actment of this section to expedite the re- under section 319 of the Public Health Serv- Providers
view of devices under section 515 of the Fed- ice Act (42 U.S.C. 247d), such negotiated rate SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH
eral Food, Drug, and Cosmetic Act, section shall apply throughout the period of such CENTERS.
515B of such Act relating to the priority re- declaration. (a) SUPPLEMENTAL AWARDS.—Section 330(r)
view program for devices, and section 564 of (2) If the health plan or issuer does not of the Public Health Service Act (42 U.S.C.
such Act relating to the emergency use au- have a negotiated rate with such provider, 254b(r)) is amended by adding at the end the
thorization authorities. such plan or issuer shall reimburse the pro- following:
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2088 CONGRESSIONAL RECORD — SENATE March 25, 2020
‘‘(6) ADDITIONAL AMOUNTS FOR SUPPLE- (iii) by striking subparagraph (F); and (II) in clauses (i) and (ii), by striking
MENTAL AWARDS.—In addition to any (B) in paragraph (2)(A), by striking ‘‘medi- ‘‘that’’ each place such term appears; and
amounts made available pursuant to this cally underserved areas or’’ and inserting (C) in paragraph (3)(C), by striking ‘‘the
subsection, section 402A of this Act, or sec- ‘‘rural areas, medically underserved areas, local community or region’’ and inserting
tion 10503 of the Patient Protection and Af- or’’; ‘‘the rural underserved populations in the
fordable Care Act, there is authorized to be (8) in paragraph (2) of subsection (i), as so local community or region’’;
appropriated, and there is appropriated, out redesignated, by striking ‘‘ensure that—’’ (3) in subsection (f)—
of any monies in the Treasury not otherwise and all that follows through the end of sub- (A) in paragraph (1)—
appropriated, $1,320,000,000 for fiscal year 2020 paragraph (B) and inserting ‘‘ensure that not (i) in subparagraph (A)—
for supplemental awards under subsection (d) less than 50 percent of the funds awarded (I) in the matter preceding clause (i), by
for the detection of SARS-CoV-2 or the pre- shall be awarded for projects in rural striking ‘‘promote, through planning and im-
vention, diagnosis, and treatment of COVID- areas.’’; plementation, the development of integrated
19.’’. (9) in subsection (j), as so redesignated— health care networks that have combined
(b) APPLICATION OF PROVISIONS.—Amounts (A) in paragraph (1)(B), by striking ‘‘com- the functions of the entities participating in
appropriated pursuant to the amendment puter hardware and software, audio and the networks’’ and inserting ‘‘plan, develop,
made by subsection (a) for fiscal year 2020 video equipment, computer network equip- and implement integrated health care net-
shall be subject to the requirements con- ment, interactive equipment, data terminal works that collaborate’’; and
tained in Public Law 116–94 for funds for pro- equipment, and other’’; and (II) in clause (ii), by striking ‘‘essential
grams authorized under sections 330 through (B) in paragraph (2)(F), by striking ‘‘health health care services’’ and inserting ‘‘basic
340 of the Public Health Service Act (42 care providers and’’; health care services and associated health
U.S.C. 254 through 256). (10) in subsection (k), as so redesignated— outcomes’’; and
SEC. 3212. TELEHEALTH NETWORK AND TELE- (ii) by amending subparagraph (B) to read
(A) in paragraph (2), by striking ‘‘40 per-
HEALTH RESOURCE CENTERS as follows:
GRANT PROGRAMS. cent’’ and inserting ‘‘20 percent’’; and
(B) in paragraph (3), by striking ‘‘(such as ‘‘(B) GRANT PERIODS.—The Director may
Section 330I of the Public Health Service award grants under this subsection for peri-
Act (42 U.S.C. 254c–14) is amended— laying cable or telephone lines, or pur-
chasing or installing microwave towers, sat- ods of not more than 5 years.’’;
(1) in subsection (d)— (B) in paragraph (2)—
(A) in paragraph (1)— ellite dishes, amplifiers, or digital switching
equipment)’’; (i) in the matter preceding subparagraph
(i) in the matter preceding subparagraph (A), by inserting ‘‘shall’’ after ‘‘entity’’;
(A), by striking ‘‘projects to demonstrate (11) by striking subsections (q) and (r) and
inserting the following: (ii) in subparagraph (A), by striking ‘‘shall
how telehealth technologies can be used be a rural public or rural nonprofit private
through telehealth networks’’ and inserting ‘‘(p) REPORT.—Not later than 4 years after entity’’ and inserting ‘‘be an entity with
‘‘evidence-based projects that utilize tele- the date of enactment of the Coronavirus demonstrated experience serving, or the ca-
health technologies through telehealth net- Aid, Relief, and Economic Security Act, and pacity to serve, rural underserved popu-
works’’; every 5 years thereafter, the Secretary shall lations’’;
(ii) in subparagraph (A)— prepare and submit to the Committee on (iii) in subparagraph (B)—
(I) by striking ‘‘the quality of’’ and insert- Health, Education, Labor, and Pensions of (I) in the matter preceding clause (i)—
ing ‘‘access to, and the quality of,’’; and the Senate and the Committee on Energy (aa) by striking ‘‘shall’’; and
(II) by inserting ‘‘and’’ after the semicolon; and Commerce of the House of Representa- (bb) by inserting ‘‘that’’ after ‘‘partici-
(iii) by striking subparagraph (B); tives a report on the activities and outcomes pants’’; and
(iv) by redesignating subparagraph (C) as of the grant programs under subsection (b).’’; (II) in clauses (i) and (ii), by striking
subparagraph (B); and (12) by redesignating subsection (s) as sub- ‘‘that’’ each place such term appears; and
(v) in subparagraph (B), as so redesignated, section (q); and (iv) in subparagraph (C), by striking
by striking ‘‘and patients and their families, (13) in subsection (q), as so redesignated, ‘‘shall’’; and
for decisionmaking’’ and inserting ‘‘, pa- by striking ‘‘this section—’’ and all that fol- (C) in paragraph (3)—
tients, and their families’’; and lows through the end of paragraph (2) and in- (i) by amending clause (iii) of subpara-
(B) in paragraph (2)— serting ‘‘this section $29,000,000 for each of graph (C) to read as follows:
(i) by striking ‘‘demonstrate how tele- fiscal years 2021 through 2025.’’. ‘‘(iii) how the rural underserved popu-
health technologies can be used’’ and insert- SEC. 3213. RURAL HEALTH CARE SERVICES OUT- lations in the local community or region to
ing ‘‘support initiatives that utilize tele- REACH, RURAL HEALTH NETWORK be served will benefit from and be involved
health technologies’’; and DEVELOPMENT, AND SMALL HEALTH in the development and ongoing operations
(ii) by striking ‘‘, to establish telehealth CARE PROVIDER QUALITY IMPROVE-
of the network;’’; and
resource centers’’; MENT GRANT PROGRAMS.
(ii) in subparagraph (D), by striking ‘‘the
(2) in subsection (e), by striking ‘‘4 years’’ Section 330A of the Public Health Service local community or region’’ and inserting
and inserting ‘‘5 years’’; Act (42 U.S.C. 254c) is amended— ‘‘the rural underserved populations in the
(3) in subsection (f)— (1) in subsection (d)(2)— local community or region’’;
(A) by striking paragraph (2); (A) in subparagraph (A), by striking ‘‘es- (4) in subsection (g)—
(B) in paragraph (1)(B)— sential’’ and inserting ‘‘basic’’; and (A) in paragraph (1)—
(i) by redesignating clauses (i) through (iii) (B) in subparagraph (B)— (i) by inserting ‘‘, including activities re-
as paragraphs (1) through (3), respectively, (i) in the matter preceding clause (i), by in- lated to increasing care coordination, en-
and adjusting the margins accordingly; serting ‘‘to’’ after ‘‘grants’’; and hancing chronic disease management, and
(ii) in paragraph (3), as so redesignated by (ii) in clauses (i), (ii), and (iii), by striking improving patient health outcomes’’ before
clause (i), by redesignating subclauses (I) ‘‘to’’ each place such term appears; the period of the first sentence; and
through (XII) as subparagraphs (A) through (2) in subsection (e)— (ii) by striking ‘‘3 years’’ and inserting ‘‘5
(L), respectively, and adjusting the margins (A) in paragraph (1)— years’’;
accordingly; and (i) by inserting ‘‘improving and’’ after (B) in paragraph (2)—
(iii) by striking ‘‘(1) TELEHEALTH NETWORK ‘‘outreach by’’; (i) in the matter preceding subparagraph
GRANTS—’’ and all that follows through ‘‘(B) (ii) by inserting ‘‘, through community en- (A), by inserting ‘‘shall’’ after ‘‘entity’’;
TELEHEALTH NETWORKS—’’; and gagement and evidence-based or innovative, (ii) in subparagraphs (A) and (B), by strik-
(C) in paragraph (3)(I), as so redesignated, evidence-informed models’’ before the period ing ‘‘shall’’ each place such term appears;
by inserting ‘‘and substance use disorder’’ of the first sentence; and and
after ‘‘mental health’’ each place such term (iii) by striking ‘‘3 years’’ and inserting ‘‘5 (iii) in subparagraph (A)(ii), by inserting
appears; years’’; ‘‘or regional’’ after ‘‘local’’; and
(4) in subsection (g)(2), by striking ‘‘or im- (B) in paragraph (2)— (C) in paragraph (3)(D), by striking ‘‘the
prove’’ and inserting ‘‘and improve’’; (i) in the matter preceding subparagraph local community or region’’ and inserting
(5) by striking subsection (h); (A), by inserting ‘‘shall’’ after ‘‘entity’’; ‘‘the rural underserved populations in the
(6) by redesignating subsections (i) through (ii) in subparagraph (A), by striking ‘‘shall local community or region’’;
(p) as subsection (h) through (o), respec- be a rural public or rural nonprofit private (5) in subsection (h)(3), in the matter pre-
tively; entity’’ and inserting ‘‘be an entity with ceding subparagraph (A), by inserting ‘‘, as
(7) in subsection (h), as so redesignated— demonstrated experience serving, or the ca- appropriate,’’ after ‘‘the Secretary’’;
(A) in paragraph (1)— pacity to serve, rural underserved popu- (6) by amending subsection (i) to read as
dlhill on DSKBBY8HB2PROD with SENATE
(i) in subparagraph (B), by striking ‘‘men- lations’’; follows:
tal health, public health, long-term care, (iii) in subparagraphs (B) and (C), by strik- ‘‘(i) REPORT.—Not later than 4 years after
home care, preventive’’ and inserting ‘‘men- ing ‘‘shall’’ each place such term appears; the date of enactment of the Coronavirus
tal health care, public health services, long- and Aid, Relief, and Economic Security Act, and
term care, home care, preventive care’’; (iv) in subparagraph (B)— every 5 years thereafter, the Secretary shall
(ii) in subparagraph (E), by inserting ‘‘and (I) in the matter preceding clause (i), by in- prepare and submit to the Committee on
regional’’ after ‘‘local’’; and serting ‘‘that’’ after ‘‘members’’; and Health, Education, Labor, and Pensions of
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2089
the Senate and the Committee on Energy (B) by striking ‘‘(b) The authority vested’’ to those provided by the Volunteer Protec-
and Commerce of the House of Representa- and inserting the following: tion Act of 1997 (Public Law 105–19).
tives a report on the activities and outcomes ‘‘(b)(1) The authority vested’’; (d) DEFINITIONS.—In this section—
of the grant programs under subsections (e), (C) by striking ‘‘For purposes of’’ and in- (1) the term ‘‘harm’’ includes physical,
(f), and (g), including the impact of projects serting the following: nonphysical, economic, and noneconomic
funded under such programs on the health ‘‘(2) For purposes of’’; and losses;
status of rural residents with chronic condi- (D) by adding at the end the following: (2) the term ‘‘health care professional’’
tions.’’; and ‘‘(3) For purposes of paragraph (19) of sub- means an individual who is licensed, reg-
(7) in subsection (j), by striking ‘‘$45,000,000 section (a), the terms ‘Military department’, istered, or certified under Federal or State
for each of fiscal years 2008 through 2012’’ ‘Secretary concerned’, and ‘Armed forces’ in law to provide health care services;
and inserting ‘‘$79,500,000 for each of fiscal such title 10 shall be deemed to include, re- (3) the term ‘‘health care services’’ means
years 2021 through 2025’’. spectively, the Department of Health and any services provided by a health care pro-
SEC. 3214. UNITED STATES PUBLIC HEALTH
Human Services, the Secretary of Health and fessional, or by any individual working
SERVICE MODERNIZATION. Human Services, and the Commissioned under the supervision of a health care profes-
(a) COMMISSIONED CORPS AND READY RE- Corps.’’. sional that relate to—
(e) TECHNICAL AMENDMENTS.—Title II of (A) the diagnosis, prevention, or treatment
SERVE CORPS.—Section 203 of the Public
the Public Health Service Act (42 U.S.C. 202 of COVID-19; or
Health Service Act (42 U.S.C. 204) is amend-
et seq.) is amended— (B) the assessment or care of the health of
ed—
(1) in sections 204 and 207(c), by striking a human being related to an actual or sus-
(1) in subsection (a)(1), by striking ‘‘a
‘‘Regular or Reserve Corps’’ each place it ap- pected case of COVID-19; and
Ready Reserve Corps for service in time of
pears and inserting ‘‘Regular Corps or Ready (4) the term ‘‘volunteer’’ means a health
national emergency’’ and inserting ‘‘, for
Reserve Corps’’; care professional who, with respect to the
service in time of a public health or national
(2) in section 208(a), by striking ‘‘Regular health care services rendered, does not re-
emergency, a Ready Reserve Corps’’; and
and Reserve Corps’’ each place it appears and ceive compensation or any other thing of
(2) in subsection (c)—
inserting ‘‘Regular Corps and Ready Reserve value in lieu of compensation, which com-
(A) in the heading, by striking ‘‘RE- pensation—
Corps’’; and
SEARCH’’ and inserting ‘‘RESERVE CORPS’’;
(3) in section 205(c), 206(c), 210, and 219, and (A) includes a payment under any insur-
(B) in paragraph (1), by inserting ‘‘during ance policy or health plan, or under any Fed-
in subsections (a), (b), and (d) of section 207,
public health or national emergencies’’ be- eral or State health benefits program; and
by striking ‘‘Reserve Corps’’ each place it ap-
fore the period; (B) excludes—
pears and inserting ‘‘Ready Reserve Corps’’.
(C) in paragraph (2)— (i) receipt of items to be used exclusively
SEC. 3215. LIMITATION ON LIABILITY FOR VOL-
(i) in the matter preceding subparagraph UNTEER HEALTH CARE PROFES- for rendering health care services in the
(A), by inserting ‘‘, consistent with para- SIONALS DURING COVID-19 EMER- health care professional’s capacity as a vol-
graph (1)’’ after ‘‘shall’’; GENCY RESPONSE. unteer described in subsection (a)(1); and
(ii) in subparagraph (C), by inserting ‘‘dur- (a) LIMITATION ON LIABILITY.—Except as (ii) any reimbursement for travel to the
ing such emergencies’’ after ‘‘members’’; and provided in subsection (b), a health care pro- site where the volunteer services are ren-
(iii) in subparagraph (D), by inserting ‘‘, fessional shall not be liable under Federal or dered and any payments in cash or kind to
consistent with subparagraph (C)’’ before the State law for any harm caused by an act or cover room and board, if services are being
period; and omission of the professional in the provision rendered more than 75 miles from the volun-
(D) by adding at the end the following: of health care services during the public teer’s principal place of residence.
‘‘(3) STATUTORY REFERENCES TO RESERVE.— health emergency with respect to COVID-19 (e) EFFECTIVE DATE.—This section shall
A reference in any Federal statute, except in declared by the Secretary of Health and take effect upon the date of enactment of
the case of subsection (b), to the ‘Reserve Human Services (referred to in this section this Act, and applies to a claim for harm
Corps’ of the Public Health Service or to the as the ‘‘Secretary’’) under section 319 of the only if the act or omission that caused such
‘reserve’ of the Public Health Service shall Public Health Service Act (42 U.S.C. 247d) on harm occurred on or after the date of enact-
be deemed to be a reference to the Ready Re- January 31, 2020, if— ment.
serve Corps.’’. (1) the professional is providing health care (f) SUNSET.—This section shall be in effect
(b) DEPLOYMENT READINESS.—Section services in response to such public health only for the length of the public health
203A(a)(1)(B) of the Public Health Service emergency, as a volunteer; and emergency declared by the Secretary of
Act (42 U.S.C. 204a(a)(1)(B)) is amended by (2) the act or omission occurs— Health and Human Services (referred to in
striking ‘‘Active Reserves’’ and inserting (A) in the course of providing health care this section as the ‘‘Secretary’’) under sec-
‘‘Ready Reserve Corps’’. services; tion 319 of the Public Health Service Act (42
(c) RETIREMENT OF COMMISSIONED OFFI- (B) in the health care professional’s capac- U.S.C. 247d) on January 31, 2020 with respect
CERS.—Section 211 of the Public Health Serv- ity as a volunteer; to COVID-19.
ice Act (42 U.S.C. 212) is amended— (C) in the course of providing health care SEC. 3216. FLEXIBILITY FOR MEMBERS OF NA-
(1) by striking ‘‘the Service’’ each place it TIONAL HEALTH SERVICE CORPS
services that—
appears and inserting ‘‘the Regular Corps’’; DURING EMERGENCY PERIOD.
(i) are within the scope of the license, reg-
(2) in subsection (a)(4), by striking ‘‘(in the During the public health emergency de-
istration, or certification of the volunteer,
case of an officer in the Reserve Corps)’’; clared by the Secretary of Health and
as defined by the State of licensure, registra-
(3) in subsection (c)— Human Services under section 319 of the
tion, or certification; and Public Health Service Act (42 U.S.C. 247d) on
(A) in paragraph (1)— (ii) do not exceed the scope of license, reg-
(i) by striking ‘‘or an officer of the Reserve January 31, 2020, with respect to COVID-19,
istration, or certification of a substantially the Secretary may, notwithstanding section
Corps’’; and similar health professional in the State in 333 of the Public Health Service Act (42
(ii) by inserting ‘‘or under section which such act or omission occurs; and U.S.C. 254f), assign members of the National
221(a)(19)’’ after ‘‘subsection (a)’’; and (D) in a good faith belief that the indi- Health Service Corps, with the voluntary
(B) in paragraph (2), by striking ‘‘Regular vidual being treated is in need of health care agreement of such corps members, to provide
or Reserve Corps’’ and inserting ‘‘Regular services. such health services at such places, and for
Corps or Ready Reserve Corps’’; and (b) EXCEPTIONS.—Subsection (a) does not such number of hours, as the Secretary de-
(4) in subsection (f), by striking ‘‘the Reg- apply if— termines necessary to respond to such emer-
ular or Reserve Corps of’’. (1) the harm was caused by an act or omis- gency, provided that such places are within a
(d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS sion constituting willful or criminal mis- reasonable distance of the site to which such
AND SURVIVING BENEFICIARIES.—Section 221 conduct, gross negligence, reckless mis- members were originally assigned, and the
of the Public Health Service Act (42 U.S.C. conduct, or a conscious flagrant indifference total number of hours required are the same
213a) is amended— to the rights or safety of the individual as were required of such members prior to
(1) in subsection (a), by adding at the end harmed by the health care professional; or the date of enactment of this Act.
the following: (2) the health care professional rendered Subpart C—Miscellaneous Provisions
‘‘(19) Chapter 1223, Retired Pay for Non- the health care services under the influence SEC. 3221. CONFIDENTIALITY AND DISCLOSURE
Regular Service. (as determined pursuant to applicable State OF RECORDS RELATING TO SUB-
‘‘(20) Section 12601, Compensation: Reserve law) of alcohol or an intoxicating drug. STANCE USE DISORDER.
on active duty accepting from any person. (c) PREEMPTION.— (a) CONFORMING CHANGES RELATING TO SUB-
‘‘(21) Section 12684, Reserves: separation (1) IN GENERAL.—This section preempts the STANCE USE DISORDER.—Subsections (a) and
dlhill on DSKBBY8HB2PROD with SENATE
for absence without authority or sentence to laws of a State or any political subdivision (h) of section 543 of the Public Health Serv-
imprisonment.’’; and of a State to the extent that such laws are ice Act (42 U.S.C. 290dd–2) are each amended
(2) in subsection (b)— inconsistent with this section, unless such by striking ‘‘substance abuse’’ and inserting
(A) by striking ‘‘Secretary of Health, Edu- laws provide greater protection from liabil- ‘‘substance use disorder’’.
cation, and Welfare or his designee’’ and in- ity. (b) DISCLOSURES TO COVERED ENTITIES CON-
serting ‘‘Secretary of Health and Human (2) VOLUNTEER PROTECTION ACT.—Protec- SISTENT WITH HIPAA.—Paragraph (1) of sec-
Services or the designee of such secretary’’; tions afforded by this section are in addition tion 543(b) of the Public Health Service Act
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2090 CONGRESSIONAL RECORD — SENATE March 25, 2020
(42 U.S.C. 290dd–2(b)) is amended to read as wise authorized by a court order under sub- ‘‘(j) NOTIFICATION IN CASE OF BREACH.—The
follows: section (b)(2)(C) or by the consent of the pa- provisions of section 13402 of the HITECH
‘‘(1) CONSENT.—The following shall apply tient, a record referred to in subsection (a), Act (42 U.S.C. 17932) shall apply to a program
with respect to the contents of any record or testimony relaying the information con- or activity described in subsection (a), in
referred to in subsection (a): tained therein, may not be disclosed or used case of a breach of records described in sub-
‘‘(A) Such contents may be used or dis- in any civil, criminal, administrative, or leg- section (a), to the same extent and in the
closed in accordance with the prior written islative proceedings conducted by any Fed- same manner as such provisions apply to a
consent of the patient with respect to whom eral, State, or local authority, against a pa- covered entity in the case of a breach of un-
such record is maintained. tient, including with respect to the following secured protected health information.’’.
‘‘(B) Once prior written consent of the pa- activities: (i) REGULATIONS.—
tient has been obtained, such contents may ‘‘(1) Such record or testimony shall not be (1) IN GENERAL.—The Secretary of Health
be used or disclosed by a covered entity, entered into evidence in any criminal pros- and Human Services, in consultation with
business associate, or a program subject to ecution or civil action before a Federal or appropriate Federal agencies, shall make
this section for purposes of treatment, pay- State court. such revisions to regulations as may be nec-
ment, and health care operations as per- ‘‘(2) Such record or testimony shall not essary for implementing and enforcing the
mitted by the HIPAA regulations. Any infor- form part of the record for decision or other- amendments made by this section, such that
mation so disclosed may then be redisclosed wise be taken into account in any proceeding such amendments shall apply with respect to
in accordance with the HIPAA regulations. before a Federal, State, or local agency. uses and disclosures of information occur-
Section 13405(c) of the Health Information ‘‘(3) Such record or testimony shall not be ring on or after the date that is 12 months
Technology and Clinical Health Act (42 used by any Federal, State, or local agency after the date of enactment of this Act.
U.S.C. 17935(c)) shall apply to all disclosures for a law enforcement purpose or to conduct (2) EASILY UNDERSTANDABLE NOTICE OF PRI-
any law enforcement investigation. VACY PRACTICES.—Not later than 1 year after
pursuant to subsection (b)(1) of this section.
‘‘(4) Such record or testimony shall not be the date of enactment of this Act, the Sec-
‘‘(C) It shall be permissible for a patient’s
used in any application for a warrant.’’. retary of Health and Human Services, in con-
prior written consent to be given once for all
(f) PENALTIES.—Subsection (f) of section sultation with appropriate legal, clinical,
such future uses or disclosures for purposes
543 of the Public Health Service Act (42 privacy, and civil rights experts, shall up-
of treatment, payment, and health care oper-
U.S.C. 290dd–2) is amended to read as follows: date section 164.520 of title 45, Code of Fed-
ations, until such time as the patient re- ‘‘(f) PENALTIES.—The provisions of sections eral Regulations, so that covered entities
vokes such consent in writing. 1176 and 1177 of the Social Security Act shall and entities creating or maintaining the
‘‘(D) Section 13405(a) of the Health Infor- apply to a violation of this section to the ex- records described in subsection (a) provide
mation Technology and Clinical Health Act tent and in the same manner as such provi- notice, written in plain language, of privacy
(42 U.S.C. 17935(a)) shall apply to all disclo- sions apply to a violation of part C of title practices regarding patient records referred
sures pursuant to subsection (b)(1) of this XI of such Act. In applying the previous sen- to in section 543(a) of the Public Health
section.’’. tence—
(c) DISCLOSURES OF DE-IDENTIFIED HEALTH Service Act (42 U.S.C. 290dd–2(a)), including—
‘‘(1) the reference to ‘this subsection’ in (A) a statement of the patient’s rights, in-
INFORMATION TO PUBLIC HEALTH AUTHORI- subsection (a)(2) of such section 1176 shall be
TIES.—Paragraph (2) of section 543(b) of the cluding self-pay patients, with respect to
treated as a reference to ‘this subsection (in- protected health information and a brief de-
Public Health Service Act (42 U.S.C. 290dd– cluding as applied pursuant to section 543(f)
2(b)), is amended by adding at the end the scription of how the individual may exercise
of the Public Health Service Act)’; and these rights (as required by subsection
following: ‘‘(2) in subsection (b) of such section 1176—
‘‘(D) To a public health authority, so long (b)(1)(iv) of such section 164.520); and
‘‘(A) each reference to ‘a penalty imposed (B) a description of each purpose for which
as such content meets the standards estab- under subsection (a)’ shall be treated as a
lished in section 164.514(b) of title 45, Code of the covered entity is permitted or required
reference to ‘a penalty imposed under sub-
Federal Regulations (or successor regula- to use or disclose protected health informa-
section (a) (including as applied pursuant to
tions) for creating de-identified informa- tion without the patient’s written authoriza-
section 543(f) of the Public Health Service
tion.’’. tion (as required by subsection (b)(2) of such
Act)’; and
(d) DEFINITIONS.—Section 543 of the Public section 164.520).
‘‘(B) each reference to ‘no damages ob- (j) RULES OF CONSTRUCTION.—Nothing in
Health Service Act (42 U.S.C. 290dd–2) is tained under subsection (d)’ shall be treated
amended by adding at the end the following: this Act or the amendments made by this
as a reference to ‘no damages obtained under Act shall be construed to limit—
‘‘(k) DEFINITIONS.—For purposes of this
subsection (d) (including as applied pursuant (1) a patient’s right, as described in section
section:
to section 543(f) of the Public Health Service 164.522 of title 45, Code of Federal Regula-
‘‘(1) BREACH.—The term ‘breach’ has the
Act)’.’’. tions, or any successor regulation, to request
meaning given such term for purposes of the (g) ANTIDISCRIMINATION.—Section 543 of the
HIPAA regulations. a restriction on the use or disclosure of a
Public Health Service Act (42 U.S.C. 290dd–2)
‘‘(2) BUSINESS ASSOCIATE.—The term ‘busi- record referred to in section 543(a) of the
is amended by inserting after subsection (h)
ness associate’ has the meaning given such the following: Public Health Service Act (42 U.S.C. 290dd–
term for purposes of the HIPAA regulations. ‘‘(i) ANTIDISCRIMINATION.— 2(a)) for purposes of treatment, payment, or
‘‘(3) COVERED ENTITY.—The term ‘covered ‘‘(1) IN GENERAL.—No entity shall discrimi- health care operations; or
entity’ has the meaning given such term for nate against an individual on the basis of in- (2) a covered entity’s choice, as described
purposes of the HIPAA regulations. formation received by such entity pursuant in section 164.506 of title 45, Code of Federal
‘‘(4) HEALTH CARE OPERATIONS.—The term to an inadvertent or intentional disclosure of Regulations, or any successor regulation, to
‘health care operations’ has the meaning records, or information contained in records, obtain the consent of the individual to use or
given such term for purposes of the HIPAA described in subsection (a) in— disclose a record referred to in such section
regulations. ‘‘(A) admission, access to, or treatment for 543(a) to carry out treatment, payment, or
‘‘(5) HIPAA REGULATIONS.—The term health care; health care operation.
‘HIPAA regulations’ has the meaning given ‘‘(B) hiring, firing, or terms of employ- (k) SENSE OF CONGRESS.—It is the sense of
such term for purposes of parts 160 and 164 of ment, or receipt of worker’s compensation; the Congress that—
title 45, Code of Federal Regulations. ‘‘(C) the sale, rental, or continued rental of (1) any person treating a patient through a
‘‘(6) PAYMENT.—The term ‘payment’ has housing; program or activity with respect to which
the meaning given such term for purposes of ‘‘(D) access to Federal, State, or local the confidentiality requirements of section
the HIPAA regulations. courts; or 543 of the Public Health Service Act (42
‘‘(7) PUBLIC HEALTH AUTHORITY.—The term ‘‘(E) access to, approval of, or maintenance U.S.C. 290dd–2) apply is encouraged to access
‘public health authority’ has the meaning of social services and benefits provided or the applicable State-based prescription drug
given such term for purposes of the HIPAA funded by Federal, State, or local govern- monitoring program when clinically appro-
regulations. ments. priate;
‘‘(8) TREATMENT.—The term ‘treatment’ ‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No re- (2) patients have the right to request a re-
has the meaning given such term for pur- cipient of Federal funds shall discriminate striction on the use or disclosure of a record
poses of the HIPAA regulations. against an individual on the basis of infor- referred to in section 543(a) of the Public
‘‘(9) UNSECURED PROTECTED HEALTH INFOR- mation received by such recipient pursuant Health Service Act (42 U.S.C. 290dd–2(a)) for
MATION.—The term ‘unprotected health in- to an intentional or inadvertent disclosure of treatment, payment, or health care oper-
formation’ has the meaning given such term such records or information contained in ations;
for purposes of the HIPAA regulations.’’. records described in subsection (a) in afford- (3) covered entities should make every rea-
dlhill on DSKBBY8HB2PROD with SENATE
(e) USE OF RECORDS IN CRIMINAL, CIVIL, OR ing access to the services provided with such sonable effort to the extent feasible to com-
ADMINISTRATIVE INVESTIGATIONS, ACTIONS, OR funds.’’. ply with a patient’s request for a restriction
PROCEEDINGS.—Subsection (c) of section 543 (h) NOTIFICATION IN CASE OF BREACH.—Sec- regarding such use or disclosure;
of the Public Health Service Act (42 U.S.C. tion 543 of the Public Health Service Act (42 (4) for purposes of applying section 164.501
290dd–2(c)) is amended to read as follows: U.S.C. 290dd–2), as amended by subsection of title 45, Code of Federal Regulations, the
‘‘(c) USE OF RECORDS IN CRIMINAL, CIVIL, OR (g), is further amended by inserting after definition of health care operations shall
ADMINISTRATIVE CONTEXTS.—Except as other- subsection (i) the following: have the meaning given such term in such
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2091
section, except that clause (v) of paragraph project, described in section 502(c)(3) of the (V) by adding at the end the following:
(6) shall not apply; and Older Americans Act of 1965 (42 U.S.C. ‘‘(iv) the use and collection of data dem-
(5) programs creating records referred to in 3056(c)(3)) to an amount not to exceed 20 per- onstrating the effectiveness of such program
section 543(a) of the Public Health Service cent of the grant amount if the Secretary de- in decreasing infant mortality rates and im-
Act (42 U.S.C. 290dd–2(a)) should receive posi- termines that such increase is necessary to proving perinatal outcomes, as applicable, or
tive incentives for discussing with their pa- adequately respond to the additional admin- the process by which new applicants plan to
tients the benefits to consenting to share istrative needs to respond to the COVID–19 collect this data.’’;
such records. public health emergency declared under sec- (3) in subsection (c)—
SEC. 3222. NUTRITION SERVICES. tion 319 of the Public Health Service Act (42 (A) by striking ‘‘Recipients of grants’’ and
(a) DEFINITIONS.—In this section, the terms U.S.C. 247d). inserting the following:
‘‘Assistant Secretary’’, ‘‘Secretary’’, ‘‘State SEC. 3224. GUIDANCE ON PROTECTED HEALTH ‘‘(1) IN GENERAL.—Recipients of grants’’;
agency’’, and ‘‘area agency on aging’’ have INFORMATION. and
the meanings given the terms in section 102 Not later than 180 days after the date of (B) by adding at the end the following:
of the Older Americans Act of 1965 (42 U.S.C. enactment of this Act, the Secretary of ‘‘(2) OTHER PROGRAMS.—The Secretary
3002). Health and Human Services shall issue guid- shall ensure coordination of the program
(b) NUTRITION SERVICES TRANSFER CRI- ance on the sharing of patients’ protected carried out pursuant to this section with
TERIA.—During any portion of the COVID–19 health information pursuant to section other programs and activities related to the
public health emergency declared under sec- 160.103 of title 45, Code of Federal Regula- reduction of the rate of infant mortality and
tion 319 of the Public Health Service Act (42 tions (or any successor regulations) during improved perinatal and infant health out-
U.S.C. 247d), the Secretary shall allow a the public health emergency declared by the comes supported by the Department.’’;
State agency or an area agency on aging, Secretary of Health and Human Services (4) in subsection (e)—
without prior approval, to transfer not more under section 319 of the Public Health Serv- (A) in paragraph (1), by striking ‘‘appro-
than 100 percent of the funds received by the ice Act (42 U.S.C. 247d) with respect to priated—’’ and all that follows through the
State agency or area agency on aging, re- COVID-19, during the emergency involving end and inserting ‘‘appropriated $125,500,000
spectively, and attributable to funds appro- Federal primary responsibility determined for each of fiscal years 2021 through 2025.’’;
priated under paragraph (1) or (2) of section to exist by the President under section 501(b) and
303(b) of the Older Americans Act of 1965 (42 of the Robert T. Stafford Disaster Relief and (B) in paragraph (2)(B), by adding at the
U.S.C. 3023(b)), between subpart 1 and sub- Emergency Assistance Act (42 U.S.C. 5191(b)) end the following: ‘‘Evaluations may also in-
part 2 of part C (42 U.S.C. 3030d–2 et seq.) for with respect to COVID-19, and during the na- clude, to the extent practicable, information
such use as the State agency or area agency tional emergency declared by the President related to—
on aging, respectively, considers appropriate under the National Emergencies Act (50 ‘‘(i) progress toward achieving any grant
to meet the needs of the State or area U.S.C. 1601 et seq.) with respect to COVID-19. metrics or outcomes related to reducing in-
served. Such guidance shall include information on fant mortality rates, improving perinatal
(c) HOME-DELIVERED NUTRITION SERVICES compliance with the regulations promul- outcomes, or reducing the disparity in
WAIVER.—For purposes of State agencies’ de- gated pursuant to section 264(c) of the health status;
termining the delivery of nutrition services Health Insurance Portability and Account- ‘‘(ii) recommendations on potential im-
under section 337 of the Older Americans Act ability Act of 1996 (42 U.S.C. 1320d–2 note) provements that may assist with addressing
of 1965 (42 U.S.C. 3030g), during the period of and applicable policies, including such poli- gaps, as applicable and appropriate; and
the COVID–19 public health emergency de- cies that may come into effect during such ‘‘(iii) the extent to which the grantee co-
clared under section 319 of the Public Health emergencies. ordinated with the community in which the
Service Act (42 U.S.C. 247d), the same mean- SEC. 3225. REAUTHORIZATION OF HEALTHY grantee is located in the development of the
ing shall be given to an individual who is un- START PROGRAM. project and delivery of services, including
able to obtain nutrition because the indi- Section 330H of the Public Health Service with respect to technical assistance and
vidual is practicing social distancing due to Act (42 U.S.C. 254c–8) is amended— mentorship programs.’’; and
the emergency as is given to an individual (1) in subsection (a)— (5) by adding at the end the following:
who is homebound by reason of illness. (A) in paragraph (1), by striking ‘‘, during ‘‘(f) GAO REPORT.—
(d) DIETARY GUIDELINES WAIVER.—To fa- fiscal year 2001 and subsequent years,’’; and ‘‘(1) IN GENERAL.—Not later than 4 years
cilitate implementation of subparts 1 and 2 (B) in paragraph (2), by inserting ‘‘or in- after the date of the enactment of this sub-
of part C of title III of the Older Americans creasing above the national average’’ after section, the Comptroller General of the
Act of 1965 (42 U.S.C. 3030d–2 et seq.) during ‘‘areas with high’’; United States shall conduct an independent
any portion of the COVID–19 public health (2) in subsection (b)— evaluation, and submit to the appropriate
emergency declared under section 319 of the (A) in paragraph (1), by striking ‘‘con- Committees of Congress a report, concerning
Public Health Service Act (42 U.S.C. 247d),
sumers of project services, public health de- the Healthy Start program under this sec-
the Assistant Secretary may waive the re-
partments, hospitals, health centers under tion.
quirements for meals provided under those
section 330’’ and inserting ‘‘participants and ‘‘(2) EVALUATION.—In conducting the eval-
subparts to comply with the requirements of
former participants of project services, pub- uation under paragraph (1), the Comptroller
clauses (i) and (ii) of section 339(2)(A) of such
lic health departments, hospitals, health General shall consider, as applicable and ap-
Act (42 U.S.C. 3030g–21(2)(A)).
centers under section 330, State substance propriate, information from the evaluations
SEC. 3223. CONTINUITY OF SERVICE AND OPPOR-
TUNITIES FOR PARTICIPANTS IN
abuse agencies’’; and under subsection (e)(2)(B).
COMMUNITY SERVICE ACTIVITIES (B) in paragraph (2)— ‘‘(3) REPORT.—The report described in para-
UNDER TITLE V OF THE OLDER (i) in subparagraph (A), by striking ‘‘such graph (1) shall review, assess, and provide
AMERICANS ACT OF 1965. as low birthweight’’ and inserting ‘‘including recommendations, as appropriate, on the fol-
To ensure continuity of service and oppor- poor birth outcomes (such as low birth- lowing:
tunities for participants in community serv- weight and preterm birth) and social deter- ‘‘(A) The allocation of Healthy Start pro-
ice activities under title V of the Older minants of health’’; gram grants by the Health Resources and
Americans Act of 1965 (42 U.S.C. 3056 et seq.), (ii) by redesignating subparagraph (B) as Services Administration, including consider-
the Secretary of Labor— subparagraph (C); ations made by such Administration regard-
(1)(A) may allow individuals participating (iii) by inserting after subparagraph (A), ing disparities in infant mortality or
in projects under such title as of March 1, the following: perinatal outcomes among urban and rural
2020, to extend their participation for a pe- ‘‘(B) Communities with— areas in making such awards.
riod that exceeds the period described in sec- ‘‘(i) high rates of infant mortality or poor ‘‘(B) Trends in the progress made toward
tion 518(a)(3)(B)(i) of such Act (42 U.S.C. perinatal outcomes; or meeting the evaluation criteria pursuant to
3056p(a)(3)(B)(i)) if the Secretary determines ‘‘(ii) high rates of infant mortality or poor subsection (e)(2)(B), including programs
such extension is appropriate due to the ef- perinatal outcomes in specific subpopula- which decrease infant mortality rates and
fects of the COVID–19 public health emer- tions within the community.’’; and improve perinatal outcomes, programs that
gency declared under section 319 of the Pub- (iv) in subparagraph (C) (as so redesig- have not decreased infant mortality rates or
lic Health Service Act (42 U.S.C. 247d); and nated)— improved perinatal outcomes, and programs
(B) may increase the average participation (I) by redesignating clauses (i) and (ii) as that have made an impact on disparities in
cap for eligible individuals applicable to clauses (ii) and (iii), respectively; infant mortality or perinatal outcomes.
grantees as described in section 502(b)(1)(C) (II) by inserting before clause (ii) (as so re- ‘‘(C) The ability of grantees to improve
of the Older Americans Act of 1965 (42 U.S.C. designated) the following: health outcomes for project participants,
dlhill on DSKBBY8HB2PROD with SENATE
3056(b)(1)(C)) to a cap the Secretary deter- ‘‘(i) collaboration with the local commu- promote the awareness of the Healthy Start
mines is appropriate due to the effects of the nity in the development of the project;’’; program services, incorporate and promote
COVID–19 public health emergency declared (III) in clause (ii) (as so redesignated), by family participation, facilitate coordination
under section 319 of the Public Health Serv- striking ‘‘and’’ at the end; with the community in which the grantee is
ice Act (42 U.S.C. 247d); and (IV) in clause (iii) (as so redesignated), by located, and increase grantee accountability
(2) may increase the amount available to striking the period and inserting ‘‘; and’’; through quality improvement, performance
pay the authorized administrative costs for a and monitoring, evaluation, and the effect such
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2092 CONGRESSIONAL RECORD — SENATE March 25, 2020
metrics may have toward decreasing the rate to the authority under subclause (I), includ- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—
of infant mortality and improving perinatal ing any outcomes, benefits, and risks associ- To carry out this section, there is authorized
outcomes. ated with the use of such funds, and a de- to be appropriated $23,711,000 for each of fis-
‘‘(D) The extent to which such Federal pro- scription of the reasons for the use of such cal years 2021 through 2025.’’;
grams are coordinated across agencies and authority for the project or projects.’’. (2) in section 740 (42 U.S.C. 293d)—
the identification of opportunities for im- SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS. (A) in subsection (a), by striking
proved coordination in such Federal pro- Chapter V of the Federal Food, Drug, and ‘‘$51,000,000 for fiscal year 2010, and such
grams and activities.’’. Cosmetic Act (21 U.S.C. 351 et seq.) is amend- sums as may be necessary for each of the fis-
SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY. ed by inserting after section 512 the fol- cal years 2011 through 2014’’ and inserting
(a) IN GENERAL.—The Secretary of Health lowing: ‘‘$51,470,000 for each of fiscal years 2021
and Human Services (referred to in this sec- ‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS. through 2025’’;
tion as the ‘‘Secretary’’) shall carry out a ‘‘(a) IN GENERAL.—The Secretary shall, at (B) in subsection (b), by striking ‘‘$5,000,000
national campaign to improve awareness of, the request of the sponsor intending to sub- for each of the fiscal years 2010 through 2014’’
and support outreach to the public and mit an application for approval of a new ani- and inserting ‘‘$1,190,000 for each of fiscal
health care providers about the importance mal drug under section 512(b)(1) or an appli- years 2021 through 2025’’;
and safety of blood donation and the need for cation for conditional approval of a new ani- (C) in subsection (c), by striking
donations for the blood supply during the mal drug under section 571, expedite the de- ‘‘$60,000,000 for fiscal year 2010 and such sums
public health emergency declared by the velopment and review of such new animal as may be necessary for each of the fiscal
Secretary under section 319 of the Public drug if preliminary clinical evidence indi- years 2011 through 2014’’ and inserting
Health Service Act (42 U.S.C. 247d) with re- cates that the new animal drug, alone or in ‘‘$15,000,000 for each of fiscal years 2021
spect to COVID-19. combination with 1 or more other animal through 2025’’; and
(b) AWARENESS CAMPAIGN.—In carrying out (D) in subsection (d), by striking ‘‘Not
drugs, has the potential to prevent or treat a
subsection (a), the Secretary may enter into Later than 6 months after the date of enact-
zoonotic disease in animals, including a vec-
contracts with one or more public or private ment of this part, the Secretary shall pre-
tor borne-disease, that has the potential to
nonprofit entities, to establish a national pare and submit to the appropriate commit-
cause serious adverse health consequences
blood donation awareness campaign that tees of Congress’’ and inserting: ‘‘Not later
for, or serious or life-threatening diseases in,
may include television, radio, internet, and than September 30, 2025, and every five years
humans.
newspaper public service announcements, ‘‘(b) REQUEST FOR DESIGNATION.—The spon- thereafter, the Secretary shall prepare and
submit to the Committee on Health, Edu-
and other activities to provide for public and sor of a new animal drug may request the
cation, Labor, and Pensions of the Senate,
professional awareness and education. Secretary to designate a new animal drug de-
(c) CONSULTATION.—In carrying out sub- and the Committee on Energy and Commerce
scribed in subsection (a) as a priority
section (a), the Secretary shall consult with of the House of Representatives,’’;
zoonotic animal drug. A request for the des-
the Commissioner of Food and Drugs, the As- (3) in section 747 (42 U.S.C. 293k)—
ignation may be made concurrently with, or
(A) in subsection (a)—
sistant Secretary for Health, the Director of at any time after, the opening of an inves-
(i) in paragraph (1)(G), by striking ‘‘to
the Centers for Disease Control and Preven- tigational new animal drug file under sec-
plan, develop, and operate a demonstration
tion, the Director of the National Institutes tion 512(j) or the filing of an application
program that provides training’’ and insert-
of Health, and the heads of other relevant under section 512(b)(1) or 571.
ing: ‘‘to plan, develop, and operate a program
Federal agencies, and relevant accrediting ‘‘(c) DESIGNATION.—
that identifies or develops innovative models
bodies and representative organizations. ‘‘(1) IN GENERAL.—Not later than 60 cal-
of providing care, and trains primary care
(d) REPORT TO CONGRESS.—Not later than 2 endar days after the receipt of a request
physicians on such models and’’; and
years after the date of enactment of this under subsection (b), the Secretary shall de-
(ii) by adding at the end the following:
Act, the Secretary shall submit to the Com- termine whether the new animal drug that is
‘‘(3) PRIORITIES IN MAKING AWARDS.—In
mittee on Health, Education, Labor, and the subject of the request meets the criteria
awarding grants or contracts under para-
Pensions of the Senate and the Committee described in subsection (a). If the Secretary graph (1), the Secretary may give priority to
on Energy and Commerce of the House of determines that the new animal drug meets qualified applicants that train residents in
Representatives, a report that shall in- the criteria, the Secretary shall designate rural areas, including for Tribes or Tribal
clude— the new animal drug as a priority zoonotic Organizations in such areas.’’;
(1) a description of the activities carried animal drug and shall take such actions as (B) in subsection (b)(3)(E), by striking
out under subsection (a); are appropriate to expedite the development ‘‘substance-related disorders’’ and inserting
(2) a description of trends in blood supply and review of the application for approval or ‘‘substance use disorders’’; and
donations; and conditional approval of such new animal (C) in subsection (c)(1), by striking
(3) an evaluation of the impact of the pub- drug. ‘‘$125,000,000 for fiscal year 2010, and such
lic awareness campaign, including any geo- ‘‘(2) ACTIONS.—The actions to expedite the sums as may be necessary for each of fiscal
graphic or population variations. development and review of an application years 2011 through 2014’’ and inserting
PART III—INNOVATION under paragraph (1) may include, as appro- ‘‘$48,924,000 for each of fiscal years 2021
SEC. 3301. REMOVING THE CAP ON OTA DURING priate— through 2025’’;
PUBLIC HEALTH EMERGENCIES. ‘‘(A) taking steps to ensure that the design (4) in section 748 (42 U.S.C. 293k–2)—
Section 319L(c)(5)(A) of the Public Health of clinical trials is as efficient as prac- (A) in subsection (c)(5), by striking ‘‘sub-
Service Act (42 U.S.C. 247d–7e(c)(5)(A)) is ticable, when scientifically appropriate, such stance-related disorders’’ and inserting ‘‘sub-
amended— as by utilizing novel trial designs or drug de- stance use disorders’’; and
(1) by redesignating clause (iii) as clause velopment tools (including biomarkers) that (B) in subsection (f), by striking
(iv); and may reduce the number of animals needed ‘‘$30,000,000 for fiscal year 2010 and such sums
(2) by inserting after clause (ii) the fol- for studies; as may be necessary for each of fiscal years
lowing: ‘‘(B) providing timely advice to, and inter- 2011 through 2015’’ and inserting ‘‘$28,531,000
‘‘(iii) AUTHORITY DURING A PUBLIC HEALTH active communication with, the sponsor for each of fiscal years 2021 through 2025’’;
EMERGENCY.— (which may include meetings with the spon- (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)),
‘‘(I) IN GENERAL.—Notwithstanding clause sor and review team) regarding the develop- by striking ‘‘Committee on Labor and
(ii), the Secretary, shall, to the maximum ment of the new animal drug to ensure that Human Resources of the Senate, and the
extent practicable, use competitive proce- the development program to gather the non- Committee on Commerce of the House of
dures when entering into transactions to clinical and clinical data necessary for ap- Representatives’’ and inserting ‘‘Committee
carry out projects under this subsection for proval is as efficient as practicable; on Health, Education, Labor, and Pensions of
purposes of a public health emergency de- ‘‘(C) involving senior managers and review the Senate, and the Committee on Energy
clared by the Secretary under section 319. staff with experience in zoonotic or vector- and Commerce of the House of Representa-
Any such transactions entered into during borne disease to facilitate collaborative, tives’’;
such public health emergency shall not be cross-disciplinary review, including, as ap- (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)),
terminated solely due to the expiration of propriate, across agency centers; and by striking ‘‘$125,000,000 for each of the fiscal
such public health emergency, if such public ‘‘(D) implementing additional administra- years 2010 through 2014’’ and inserting
health emergency ends before the comple- tive or process enhancements, as necessary, ‘‘$41,250,000 for each of fiscal years 2021
tion of the terms of such agreement. to facilitate an efficient review and develop- through 2025’’;
‘‘(II) REPORT.—After the expiration of the ment program.’’. (7) in section 754(b)(1)(A) (42 U.S.C.
dlhill on DSKBBY8HB2PROD with SENATE
public health emergency declared by the PART IV—HEALTH CARE WORKFORCE 294d(b)(1)(A)), by striking ‘‘new and innova-
Secretary under section 319, the Secretary SEC. 3401. REAUTHORIZATION OF HEALTH PRO- tive’’ and inserting ‘‘innovative or evidence-
shall provide a report to the Committee on FESSIONS WORKFORCE PROGRAMS. based’’;
Health, Education, Labor, and Pensions of Title VII of the Public Health Service Act (8) in section 755(b)(1)(A) (42 U.S.C.
the Senate and the Committee on Energy (42 U.S.C. 292 et seq.) is amended— 294e(b)(1)(A)), by striking ‘‘the elderly’’ and
and Commerce of the House of Representa- (1) in section 736 (42 U.S.C. 293), by striking inserting ‘‘geriatric populations or for ma-
tives regarding the use of any funds pursuant subsection (i) and inserting the following: ternal and child health’’;
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2093
(9) in section 761(e) (42 U.S.C. 294n(e))— (D) identify barriers, if any, to imple- such manner, and containing such informa-
(A) in paragraph (1)(A), by striking menting the actions identified under sub- tion as the Secretary may require.
‘‘$7,500,000 for each of fiscal years 2010 paragraph (C). ‘‘(5) PROGRAM REQUIREMENTS.—
through 2014’’ and inserting ‘‘$5,663,000 for (b) COORDINATION WITH OTHER AGENCIES.— ‘‘(A) IN GENERAL.—In awarding grants, con-
each of fiscal years 2021 through 2025’’; and The Secretary shall coordinate with the tracts, and cooperative agreements under
(B) in paragraph (2), by striking ‘‘sub- heads of other Federal agencies and depart- paragraph (1), the Secretary—
section (a)’’ and inserting ‘‘paragraph (1)’’; ments that fund or administer health care ‘‘(i) shall give priority to programs that
(10) in section 762 (42 U.S.C. 294o)— workforce development programs, including demonstrate coordination with another Fed-
(A) in subsection (a)(1), by striking ‘‘Com- education and training programs, to— eral or State program or another public or
mittee on Labor and Human Resources’’ and (1) evaluate the performance of such pro- private entity;
inserting ‘‘Committee on Health, Education, grams, including the extent to which such ‘‘(ii) shall give priority to applicants with
Labor, and Pensions’’; programs are efficient and effective and are programs or activities that are expected to
(B) in subsection (b)— meeting the nation’s health workforce needs; substantially benefit rural or medically un-
(i) in paragraph (2), by striking ‘‘Health and derserved populations of older adults, or
Care Financing Administration’’ and insert- (2) identify opportunities to improve the serve older adults in Indian Tribes or Tribal
ing ‘‘Centers for Medicare & Medicaid Serv- quality and consistency of the information organizations; and
ices’’; collected to evaluate within and across such ‘‘(iii) may give priority to any program
(ii) by redesignating paragraphs (4) programs, and to implement such improve- that—
through (6) as paragraphs (5) through (7), re- ments. ‘‘(I) integrates geriatrics into primary care
spectively; and (c) REPORT.—Not later than 2 years after practice;
(iii) by inserting after paragraph (3), the the date of enactment of this Act, the Sec- ‘‘(II) provides training to integrate geri-
following: retary shall submit to the Committee on atric care into other specialties across care
‘‘(4) the Administrator of the Health Re- Health, Education, Labor, and Pensions of settings, including practicing clinical spe-
sources and Services Administration;’’; the Senate, and the Committee on Energy cialists, health care administrators, faculty
(C) by striking subsections (i), (j), and (k) and Commerce of the House of Representa- without backgrounds in geriatrics, and stu-
and inserting the following: tives, a report describing the plan developed dents from all health professions;
under subsection (a) and actions taken to ‘‘(III) emphasizes integration of geriatric
‘‘(i) REPORTS.—Not later than September care into existing service delivery locations
30, 2023, and not less than every 5 years implement such plan.
and care across settings, including primary
thereafter, the Council shall submit to the SEC. 3403. EDUCATION AND TRAINING RELATING
TO GERIATRICS. care clinics, medical homes, Federally quali-
Secretary, and to the Committee on Health, fied health centers, ambulatory care clinics,
Education, Labor, and Pensions of the Sen- Section 753 of the Public Health Service
critical access hospitals, emergency care, as-
ate and the Committee on Energy and Com- Act (42 U.S.C. 294c) is amended to read as fol-
sisted living and nursing facilities, and
merce of the House of Representatives, a re- lows:
home- and community-based services, which
port on the recommendations described in ‘‘SEC. 753. EDUCATION AND TRAINING RELATING may include adult daycare;
subsection (a).’’; and TO GERIATRICS.
‘‘(IV) supports the training and retraining
(D) by redesignating subsection (l) as sub- ‘‘(a) GERIATRICS WORKFORCE ENHANCEMENT of faculty, primary care providers, other di-
section (j); PROGRAM.— rect care providers, and other appropriate
(11) in section 766(b)(1) (42 U.S.C. ‘‘(1) IN GENERAL.—The Secretary shall professionals on geriatrics;
295a(b)(1)), by striking ‘‘that plans’’ and all award grants, contracts, or cooperative ‘‘(V) emphasizes education and engage-
that follows through the period and inserting agreements under this subsection to entities ment of family caregivers on disease man-
‘‘that plans, develops, operates, and evalu- described in paragraph (1), (3), or (4) of sec- agement and strategies to meet the needs of
ates projects to improve preventive medi- tion 799B, section 801(2), or section 865(d), or caregivers of older adults; or
cine, health promotion and disease preven- other health professions schools or programs ‘‘(VI) proposes to conduct outreach to com-
tion, or access to and quality of health care approved by the Secretary, for the establish- munities that have a shortage of geriatric
services in rural or medically underserved ment or operation of Geriatrics Workforce workforce professionals.
communities.’’; Enhancement Programs that meet the re- ‘‘(B) SPECIAL CONSIDERATION.—In awarding
(12) in section 770(a) (42 U.S.C. 295e(a)), by quirements of paragraph (2). grants, contracts, and cooperative agree-
striking ‘‘$43,000,000 for fiscal year 2011, and ‘‘(2) REQUIREMENTS.— ments under this section, the Secretary shall
such sums as may be necessary for each of ‘‘(A) IN GENERAL.—A Geriatrics Workforce give special consideration to entities that
the fiscal years 2012 through 2015’’ and in- Enhancement Program receiving an award provide services in areas with a shortage of
serting ‘‘$17,000,000 for each of fiscal years under this section shall support the training geriatric workforce professionals.
2021 through 2025’’; and of health professionals in geriatrics, includ- ‘‘(6) PRIORITY.—The Secretary may provide
(13) in section 775(e) (42 U.S.C. 295f(e)), by ing traineeships or fellowships. Such pro- awardees with additional support for activi-
striking ‘‘$30,000,000’’ and all that follows grams shall emphasize, as appropriate, pa- ties in areas of demonstrated need, which
through the period and inserting ‘‘such sums tient and family engagement, integration of may include education and training for home
as may be necessary for each of fiscal years geriatrics with primary care and other ap- health workers, family caregivers, and direct
2021 through 2025.’’. propriate specialties, and collaboration with care workers on care for older adults.
community partners to address gaps in ‘‘(7) REPORTING.—
SEC. 3402. HEALTH WORKFORCE COORDINATION.
health care for older adults. ‘‘(A) REPORTS FROM ENTITIES.—Each entity
(a) STRATEGIC PLAN.— ‘‘(B) ACTIVITIES.—Activities conducted by awarded a grant, contract, or cooperative
(1) IN GENERAL.—Not later than 1 year after a program under this section may include agreement under this section shall submit an
the date of enactment of this Act, the Sec- the following: annual report to the Secretary on the activi-
retary of Health and Human Services (re- ‘‘(i) Clinical training on providing inte- ties conducted under such grant, contract, or
ferred to in this Act as the ‘‘Secretary’’), in grated geriatrics and primary care delivery cooperative agreement, which may include
consultation with the Advisory Committee services. information on the number of trainees, the
on Training in Primary Care Medicine and ‘‘(ii) Interprofessional training to practi- number of professions and disciplines, the
Dentistry and the Advisory Council on Grad- tioners from multiple disciplines and special- number of partnerships with health care de-
uate Medical Education, shall develop a com- ties, including training on the provision of livery sites, the number of faculty and prac-
prehensive and coordinated plan with respect care to older adults. ticing professionals who participated in such
to the health care workforce development ‘‘(iii) Establishing or maintaining train- programs, and other information, as the Sec-
programs of the Department of Health and ing-related community-based programs for retary may require.
Human Services, including education and older adults and caregivers to improve ‘‘(B) REPORT TO CONGRESS.—Not later than
training programs. health outcomes for older adults. 4 years after the date of enactment of the
(2) REQUIREMENTS.—The plan under para- ‘‘(iv) Providing education on Alzheimer’s Title VII Health Care Workforce Reauthor-
graph (1) shall— disease and related dementias to families ization Act of 2019 and every 5 years there-
(A) include performance measures to deter- and caregivers of older adults, direct care after, the Secretary shall submit to the Com-
mine the extent to which the programs de- workers, and health professions students, mittee on Health, Education, Labor, and
scribed in paragraph (1) are strengthening faculty, and providers. Pensions of the Senate and the Committee
the Nation’s health care system; ‘‘(3) DURATION.—Each grant, contract, or on Energy and Commerce of the House of
(B) identify any gaps that exist between cooperative agreement or contract awarded Representatives a report that provides a
dlhill on DSKBBY8HB2PROD with SENATE
the outcomes of programs described in para- under paragraph (1) shall be for a period not summary of the activities and outcomes as-
graph (1) and projected health care work- to exceed 5 years. sociated with grants, contracts, and coopera-
force needs identified in workforce projec- ‘‘(4) APPLICATIONS.—To be eligible to re- tive agreements made under this section.
tion reports conducted by the Health Re- ceive a grant, contract, or cooperative agree- Such reports shall include—
sources and Services Administration; ment under paragraph (1), an entity de- ‘‘(i) information on the number of trainees,
(C) identify actions to address the gaps de- scribed in such paragraph shall submit to the faculty, and professionals who participated
scribed in subparagraph (B); and Secretary an application at such time, in in programs under this section;
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2094 CONGRESSIONAL RECORD — SENATE March 25, 2020
‘‘(ii) information on the impact of the pro- ‘‘(A) AMOUNT.—The amount of an award fore the period at the end of the first sen-
gram conducted under this section on the under this subsection shall be at least $75,000 tence; and
health status of older adults, including in for fiscal year 2021, adjusted for subsequent (D) by adding at the end the following:
areas with a shortage of health professionals; years in accordance with the consumer price ‘‘(i) BIENNIAL REPORT ON NURSING WORK-
and index. The Secretary shall determine the FORCE PROGRAM IMPROVEMENTS.—Not later
‘‘(iii) information on outreach and edu- amount of an award under this subsection than September 30, 2020, and biennially
cation provided under this section to fami- for individuals who are not physicians. thereafter, the Secretary shall submit to the
lies and caregivers of older adults. ‘‘(B) DURATION.—The Secretary shall make Committee on Health, Education, Labor, and
‘‘(C) PUBLIC AVAILABILITY.—The Secretary awards under paragraph (1) for a period not Pensions of the Senate and the Committee
shall make reports submitted under para- to exceed 5 years. on Energy and Commerce of the House of
graph (B) publically available on the inter- ‘‘(6) SERVICE REQUIREMENT.—An individual Representatives, a report that contains an
net website of the Department of Health and who receives an award under this subsection assessment of the programs and activities of
Human Services. shall provide training in clinical geriatrics, the Department of Health and Human Serv-
including the training of interprofessional ices related to enhancing the nursing work-
‘‘(b) GERIATRIC ACADEMIC CAREER force, including the extent to which pro-
AWARDS.— teams of health care professionals. The pro-
vision of such training shall constitute at grams and activities under this title meet
‘‘(1) ESTABLISHMENT OF PROGRAM.—The the identified goals and performance meas-
least 75 percent of the obligations of such in-
Secretary shall, as appropriate, establish or ures developed for the respective programs
dividual under the award.
maintain a program to provide geriatric aca- and activities, and the extent to which the
‘‘(c) NONAPPLICABILITY OF PROVISION.—Not-
demic career awards to eligible entities ap- withstanding any other provision of this Department coordinates with other Federal
plying on behalf of eligible individuals to title, section 791(a) shall not apply to awards departments regarding programs designed to
promote the career development of such in- made under this section. improve the nursing workforce.’’;
dividuals as academic geriatricians or other ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (5) in section 811 (42 U.S.C. 296j)—
academic geriatrics health professionals. There is authorized to be appropriated (A) in subsection (b)—
‘‘(2) ELIGIBILITY.— $40,737,000 for each of fiscal years 2021 (i) by striking ‘‘Master’s’’ and inserting
‘‘(A) ELIGIBLE ENTITY.—For purposes of through 2025 for purposes of carrying out this ‘‘graduate’’; and
this subsection, the term ‘eligible entity’ section.’’. (ii) by inserting ‘‘clinical nurse leaders,’’
means— SEC. 3404. NURSING WORKFORCE DEVELOPMENT. after ‘‘nurse administrators,’’;
‘‘(i) an entity described in paragraph (1), (a) IN GENERAL.—Title VIII of the Public (B) by redesignating subsections (f) and (g)
(3), or (4) of section 799B or section 801(2); or Health Service Act (42 U.S.C. 296 et seq.) is as subsections (g) and (h), respectively; and
‘‘(ii) another accredited health professions amended— (C) by inserting after subsection (e), the
school or graduate program approved by the (1) in section 801 (42 U.S.C. 296), by adding following:
Secretary. at the end the following: ‘‘(f) AUTHORIZED CLINICAL NURSE SPE-
‘‘(B) ELIGIBLE INDIVIDUAL.—For purposes of ‘‘(18) NURSE MANAGED HEALTH CLINIC.—The CIALIST PROGRAMS.—Clinical nurse specialist
this subsection, the term ‘eligible individual’ term ‘nurse managed health clinic’ means a programs eligible for support under this sec-
means an individual who— nurse-practice arrangement, managed by ad- tion are education programs that—
‘‘(i)(I) is board certified or board eligible in vanced practice nurses, that provides pri- ‘‘(1) provide registered nurses with full-
internal medicine, family practice, psychi- mary care or wellness services to under- time clinical nurse specialist education; and
atry, or licensed dentistry, or has completed served or vulnerable populations and that is ‘‘(2) have as their objective the education
required training in a discipline and is em- associated with a school, college, university of clinical nurse specialists who will, upon
ployed in an accredited health professions or department of nursing, federally qualified completion of such a program, be qualified
school or graduate program that is approved health center, or independent nonprofit to effectively provide care through the
by the Secretary; or health or social services agency.’’; wellness and illness continuum to inpatients
‘‘(II) has completed an approved fellowship (2) in section 802(c) (42 U.S.C. 296a(c)), by and outpatients experiencing acute and
program in geriatrics, or has completed spe- inserting ‘‘, and how such project aligns with chronic illness.’’; and
cialty training in geriatrics as required by the goals in section 806(a)’’ before the period (6) in section 831 (42 U.S.C. 296p)—
the discipline and any additional geriatrics in the second sentence; (A) in the section heading, by striking
training as required by the Secretary; and (3) in section 803(b) (42 U.S.C. 296b(b)), by ‘‘AND QUALITY GRANTS’’ and inserting ‘‘QUAL-
‘‘(ii) has a junior, nontenured, faculty ap- adding at the end the following: ‘‘Such Fed- ITY, AND RETENTION GRANTS’’;
pointment at an accredited health profes- eral funds are intended to supplement, not (B) in subsection (b)(2), by striking ‘‘other
sions school or graduate program in geri- supplant, existing non-Federal expenditures high-risk groups such as the elderly, individ-
atrics or a geriatrics health profession. for such activities.’’; uals with HIV/AIDS, substance abusers, the
‘‘(C) CLARIFICATION.—If an eligible indi- (4) in section 806 (42 U.S.C. 296e)— homeless, and victims’’ and inserting ‘‘high
vidual is promoted during the period of an (A) in subsection (a), by striking ‘‘as need- risk groups, such as the elderly, individuals
award under this subsection and thereby no ed to’’ and all that follows and inserting the with HIV/AIDS, individuals with mental
longer meets the criteria of subparagraph following: ‘‘as needed to address national health or substance use disorders, individ-
(B)(ii), the individual shall continue to be nursing needs, including— uals who are homeless, and survivors’’;
treated as an eligible individual through the ‘‘(1) addressing challenges, including (C) in subsection (c)(1)—
term of the award. through supporting training and education (i) in subparagraph (A)—
‘‘(3) APPLICATION REQUIREMENTS.—In order of nursing students, related to the distribu- (I) by striking ‘‘advancement for nursing
to receive an award under paragraph (1), an tion of the nursing workforce and existing or personnel’’ and inserting the following: ‘‘ad-
eligible entity, on behalf of an eligible indi- projected nursing workforce shortages in ge- vancement for—
vidual, shall— ographic areas that have been identified as ‘‘(i) nursing’’;
‘‘(A) submit to the Secretary an applica- having, or that are projected to have, a nurs- (II) by striking ‘‘professional nurses, ad-
tion, at such time, in such manner, and con- ing shortage; vanced education nurses, licensed practical
taining such information as the Secretary ‘‘(2) increasing access to and the quality of nurses, certified nurse assistants, and home
may require; health care services, including by supporting health aides’’ and inserting ‘‘professional
‘‘(B) provide, in such form and manner as the training of professional registered registered nurses, advanced practice reg-
the Secretary may require, assurances that nurses, advanced practice registered nurses, istered nurses, and nurses with graduate
the eligible individual will meet the service and advanced education nurses within com- nursing education’’; and
requirement described in paragraph (6); and munity based settings and in a variety of (III) by adding at the end the following:
‘‘(C) provide, in such form and manner as health delivery system settings; or ‘‘(ii) individuals including licensed prac-
the Secretary may require, assurances that ‘‘(3) addressing the strategic goals and pri- tical nurses, licensed vocational nurses, cer-
the individual has a full-time faculty ap- orities identified by the Secretary and that tified nurse assistants, home health aides,
pointment in a health professions institution are in accordance with this title. diploma degree or associate degree nurses,
and documented commitment from such eli- Contracts may be entered into under this and other health professionals, such as
gible entity that the individual will spend 75 title with public or private entities as deter- health aides or community health practi-
percent of the individual’s time that is sup- mined necessary by the Secretary.’’; tioners certified under the Community
ported by the award on teaching and devel- (B) in subsection (b)(2), by striking ‘‘a dem- Health Aide Program of the Indian Health
oping skills in interdisciplinary education in onstration’’ and all that follows and insert- Service, to become registered nurses with
geriatrics. ing the following: ‘‘the reporting of data and baccalaureate degrees or nurses with grad-
dlhill on DSKBBY8HB2PROD with SENATE
‘‘(4) EQUITABLE DISTRIBUTION.—In making information demonstrating that satisfactory uate nursing education;’’;
awards under this subsection, the Secretary progress has been made by the program or (ii) in subparagraph (B), by striking the pe-
shall seek to ensure geographical distribu- project in meeting the performance outcome riod and inserting ‘‘; and’’; and
tion among award recipients, including standards (as described in section 802) of (iii) by adding at the end the following:
among rural or medically underserved areas such program or project.’’; ‘‘(C) developing and implementing intern-
of the United States. (C) in subsection (e)(2), by inserting ‘‘, and ships, accredited fellowships, and accredited
‘‘(5) AMOUNT AND DURATION.— have relevant expertise and experience’’ be- residency programs in collaboration with
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2095
one or more accredited schools of nursing, to (D) information on the number of nurses qualifying emergency, an institution may
encourage the mentoring and development of assigned to facilities pursuant to such pro- transfer up to 100 percent of the institution’s
specialties.’’; grams, including the type of facility to unexpended allotment under section 442 of
(D) by striking subsections (e) and (h); which nurses are assigned and the impact of such Act to the institution’s allotment
(E) by redesignating subsections (f) and (g), modifying the eligibility requirements for under section 413D of such Act, but may not
as subsections (e) and (f), respectively; programs under section 846 of the Public transfer any funds from the institution’s un-
(F) in subsection (e) (as so redesignated), Health Service Act (42 U.S.C. 297n), such as expended allotment under section 413D of
by striking ‘‘The Secretary shall submit to the impact on entities to which nurses had such Act to the institution’s allotment
the Congress before the end of each fiscal previously been assigned prior to fiscal year under section 442 of such Act.
year’’ and inserting ‘‘As part of the report on 2019 (such as federally qualified health cen- SEC. 3504.USE OF SUPPLEMENTAL EDU-
nursing workforce programs described in sec- ters and facilities affiliated with the Indian CATIONAL OPPORTUNITY GRANTS
tion 806(i), the Secretary shall include’’; and Health Service). FOR EMERGENCY AID.
(G) in subsection (f) (as so redesignated), (2) REPORT.—Not later than 18 months (a) IN GENERAL.—Notwithstanding section
by striking ‘‘a school of nursing, as defined after the enactment of this Act, the Comp- 413B of the Higher Education Act of 1965 (20
in section 801(2),,’’ and inserting ‘‘an accred- troller General shall submit to the Com- U.S.C. 1070b–1), an institution of higher edu-
ited school of nursing, as defined in section mittee on Health, Education, Labor, and cation may reserve any amount of an insti-
801(2), a health care facility, including feder- Pensions of the Senate and the Committee tution’s allocation under subpart 3 of part A
ally qualified health centers or nurse-man- on Energy and Commerce of the House of of title IV of the Higher Education Act of
aged health clinics, or a partnership of such Representatives, a report on the evaluation 1965 (20 U.S.C. 1070b et seq.) for a fiscal year
a school and facility’’; under paragraph (1), which may include rec- to award, in such fiscal year, emergency fi-
(7) by striking section 831A (42 U.S.C. 296p– ommendations to improve relevant nursing nancial aid grants to assist undergraduate or
1); workforce loan repayment programs. graduate students for unexpected expenses
(8) in section 846 (42 U.S.C. 297n)— and unmet financial need as the result of a
Subtitle B—Education Provisions
(A) by striking the last sentence of sub- qualifying emergency.
SEC. 3501. SHORT TITLE. (b) DETERMINATIONS.—In determining eligi-
section (a); This subtitle may be cited as the ‘‘COVID- bility for and awarding emergency financial
(B) in subsection (b)(1), by striking ‘‘he 19 Pandemic Education Relief Act of 2020’’. aid grants under this section, an institution
began such practice’’ and inserting ‘‘the indi- SEC. 3502. DEFINITIONS. of higher education may—
vidual began such practice’’; and (a) DEFINITIONS.—In this subtitle: (1) waive the amount of need calculation
(C) in subsection (i), by striking ‘‘FUND- (1) CORONAVIRUS.—The term ‘‘coronavirus’’ under section 471 of the Higher Education
ING’’ in the subsection heading and all that
has the meaning given the term in section Act of 1965 (20 U.S.C. 1087kk);
follows through ‘‘paragraph (1)’’ in para- 506 of the Coronavirus Preparedness and Re- (2) allow for a student affected by a quali-
graph (2), and inserting the following: ‘‘AL- sponse Supplemental Appropriations Act, fying emergency to receive funds in an
LOCATIONS.—Of the amounts appropriated
2020 (Public Law 116–123). amount that is not more than the maximum
under section 871(b),’’; (2) FOREIGN INSTITUTION.—The term ‘‘for- Federal Pell Grant for the applicable award
(9) in section 846A (42 U.S.C. 247n–1), by eign institution’’ means an institution of year; and
striking subsection (f); higher education located outside the United (3) utilize a contract with a scholarship-
(10) in section 847 (42 U.S.C. 297o), by strik- States that is described in paragraphs (1)(C) granting organization designated for the sole
ing subsection (g); and (2) of section 102(a) of the Higher Edu- purpose of accepting applications from or
(11) in section 851 (42 U.S.C. 297t)— cation Act of 1965 (20 U.S.C. 1002(a)). disbursing funds to students enrolled in the
(A) in subsection (b)(1)(A)(iv), by striking (3) INSTITUTION OF HIGHER EDUCATION.—The institution of higher education, if such
‘‘and nurse anesthetists’’ and inserting term ‘‘institution of higher education’’ has scholarship-granting organization disburses
‘‘nurse anesthetists, and clinical nurse spe- the meaning of the term under section 102 of the full allocated amount provided to the in-
cialists’’; the Higher Education Act of 1965 (20 U.S.C. stitution of higher education to the recipi-
(B) in subsection (d)(3)— 1002). ents.
(i) by striking ‘‘3 years after the date of en- (4) QUALIFYING EMERGENCY.—The term (c) SPECIAL RULE.—Any emergency finan-
actment of this section’’ and inserting ‘‘2 ‘‘qualifying emergency’’ means— cial aid grants to students under this section
years after the date of enactment of the (A) a public health emergency related to shall not be treated as other financial assist-
Title VIII Nursing Reauthorization Act’’; the coronavirus declared by the Secretary of ance for the purposes of section 471 of the
(ii) by striking ‘‘Labor and Human Re- Health and Human Services pursuant to sec- Higher Education Act of 1965 (20 U.S.C.
sources’’ and inserting ‘‘Health, Education, tion 319 of the Public Health Service Act (42 1087kk).
Labor, and Pensions’’; and U.S.C. 247d); SEC. 3505. FEDERAL WORK-STUDY DURING A
(iii) by inserting ‘‘Energy and’’ before (B) an event related to the coronavirus for QUALIFYING EMERGENCY.
‘‘Commerce’’; and which the President declared a major dis- (a) IN GENERAL.—In the event of a quali-
(C) in subsection (g), by striking ‘‘under aster or an emergency under section 401 or fying emergency, an institution of higher
this title’’ and inserting ‘‘for carrying out 501, respectively, of the Robert T. Stafford education participating in the program
parts B, C, and D’’; Disaster Relief and Emergency Assistance under part C of title IV of the Higher Edu-
(12) by striking sections 861 and 862 (42 Act (42 U.S.C. 5170 and 5191); or cation Act of 1965 (20 U.S.C. 1087–51 et seq.)
U.S.C. 297w and 297x); and (C) a national emergency related to the may make payments under such part to af-
(13) in section 871 (42 U.S.C. 298d)— coronavirus declared by the President under fected work-study students, for the period of
(A) by striking ‘‘For the purpose of’’ and section 201 of the National Emergencies Act time (not to exceed one academic year) in
inserting the following: (50 U.S.C. 1601 et seq.). which affected students were unable to fulfill
‘‘(a) IN GENERAL.—For the purpose of’’; (5) SECRETARY.—The term ‘‘Secretary’’ the students’ work-study obligation for all
(B) by striking ‘‘$338,000,000 for fiscal year means the Secretary of Education. or part of such academic year due to such
2010, and such sums as may be necessary for SEC. 3503. CAMPUS-BASED AID WAIVERS. qualifying emergency, as follows:
each of the fiscal years 2011 through 2016’’ (a) WAIVER OF NON-FEDERAL SHARE RE- (1) Payments may be made under such part
and inserting ‘‘$137,837,000 for each of fiscal QUIREMENT.—Notwithstanding sections to affected work-study students in an
years 2021 through 2025’’; and 413C(a)(2) and 443(b)(5) of the Higher Edu- amount equal to or less than the amount of
(C) by adding at the end the following: cation Act of 1965 (20 U.S.C. 1070b–2(a)(2) and wages such students would have been paid
‘‘(b) PART E.—For the purpose of carrying 1087–53(b)(5)), with respect to funds made under such part had the students been able
out part E, there are authorized to be appro- available for award years 2019-2020 and 2020- to complete the work obligation necessary to
priated $117,135,000 for each of the fiscal 2021, the Secretary shall waive the require- receive work study funds, as a one time
years 2021 through 2025.’’. ment that a participating institution of grant or as multiple payments.
(b) EVALUATION AND REPORT ON NURSE higher education provide a non-Federal share (2) Payments shall not be made to any stu-
LOAN REPAYMENT PROGRAMS.— to match Federal funds provided to the insti- dent who was not eligible for work study or
(1) EVALUATION.—The Comptroller General tution for the programs authorized pursuant was not completing the work obligation nec-
shall conduct an evaluation of the nurse loan to subpart 3 of part A and part C of title IV essary to receive work study funds under
repayment programs administered by the of the Higher Education Act of 1965 (20 U.S.C. such part prior to the occurrence of the
Health Resources and Services Administra- 1070b et seq. and 1087–51 et seq.) for all qualifying emergency.
tion. Such evaluation shall include— awards made under such programs during (3) Any payments made to affected work-
(A) the manner in which payments are such award years, except nothing in this sub- study students under this subsection shall
dlhill on DSKBBY8HB2PROD with SENATE
made under such programs; section shall affect the non-Federal share re- meet the matching requirements of section
(B) the existing oversight functions nec- quirement under section 443(c)(3) that ap- 443 of the Higher Education Act of 1965 (20
essary to ensure the proper use of such pro- plies to private for-profit organizations. U.S.C. 1087–53), unless such matching re-
grams, including payments made as part of (b) AUTHORITY TO REALLOCATE.—Notwith- quirements are waived by the Secretary.
such programs; standing sections 413D, 442, and 488 of the (b) DEFINITION OF AFFECTED WORK-STUDY
(C) the identification of gaps, if any, in Higher Education Act of 1965 (20 U.S.C. 1070b– STUDENT.—In this section, the term ‘‘af-
oversight functions; and 3, 1087–52, and 1095), during a period of a fected work-study student’’ means a student
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2096 CONGRESSIONAL RECORD — SENATE March 25, 2020
enrolled at an eligible institution partici- withdraws from the institution of higher pates in the Federal Direct Loan Program
pating in the program under part C of title education during the payment period as a re- under part D of title IV of the Higher Edu-
IV of the Higher Education Act of 1965 (20 sult of a qualifying emergency. cation Act of 1965 (20 U.S.C. 1087a et seq.) for
U.S.C. 1087–51 et seq.) who— (d) APPROVED LEAVE OF ABSENCE.—Not- the purpose of allowing a student of the for-
(1) received a work-study award under sec- withstanding any other provision of the eign institution who is a borrower of a loan
tion 443 of the Higher Education Act of 1965 Higher Education Act of 1965 (20 U.S.C. 1001 made under such part to take courses from
(20 U.S.C. 1087–53) for the academic year dur- et seq.), for purposes of receiving assistance the institution of higher education located
ing which a qualifying emergency occurred; under title IV of the Higher Education Act of in the United States.
(2) earned Federal work-study wages from 1965 (20 U.S.C. 1070 et seq.), an institution of (2) FORM OF ARRANGEMENTS.—
such eligible institution for such academic higher education may, as a result of a quali- (A) PUBLIC OR OTHER NONPROFIT INSTITU-
year; and fying emergency, provide a student with an TIONS.—A foreign institution that is a public
(3) was prevented from fulfilling the stu- approved leave of absence that does not re- or other nonprofit institution may enter into
dent’s work-study obligation for all or part quire the student to return at the same point a written arrangement under subsection (a)
of such academic year due to such qualifying in the academic program that the student only with an institution of higher education
emergency. began the leave of absence if the student re- described in section 101 of such Act (20 U.S.C.
SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN turns within the same semester (or the 1001).
USAGE LIMITS. equivalent). (B) OTHER INSTITUTIONS.—A foreign institu-
Notwithstanding section 455(q)(3) of the SEC. 3509. SATISFACTORY ACADEMIC PROGRESS. tion that is a graduate medical school, nurs-
Higher Education Act of 1965 (20 U.S.C. Notwithstanding section 484 of the Higher ing school, or a veterinary school and that is
1087e(q)(3)), the Secretary shall exclude from Education Act of 1965 (20 U.S.C. 1091), in de- not a public or other nonprofit institution
a student’s period of enrollment for purposes termining whether a student is maintaining may enter into a written arrangement under
of loans made under part D of title IV of the satisfactory academic progress for purposes subsection (a) with an institution of higher
Higher Education Act of 1965 (20 U.S.C. 1087a of title IV of the Higher Education Act of education described in section 101 or section
et seq.) any semester (or the equivalent) that 1965 (20 U.S.C. 1070 et seq.), an institution of 102 of such Act (20 U.S.C. 1001 and 1002).
the student does not complete due to a quali- higher education may, as a result of a quali- (3) REPORT ON USE.—An institution of high-
fying emergency, if the Secretary is able to fying emergency, exclude from the quan- er education that uses the authority de-
administer such policy in a manner that lim- titative component of the calculation any scribed in paragraph (2) shall report such use
its complexity and the burden on the stu- attempted credits that were not completed to the Secretary—
dent. by such student without requiring an appeal (A) for the 2019–2020 award year, not later
SEC. 3507. EXCLUSION FROM FEDERAL PELL by such student. than June 30, 2020; and
GRANT DURATION LIMIT. SEC. 3510. CONTINUING EDUCATION AT AF- (B) for an award year subsequent to the
The Secretary shall exclude from a stu- FECTED FOREIGN INSTITUTIONS. 2019–2020 award year, not later than 30 days
dent’s Federal Pell Grant duration limit (a) IN GENERAL.—Notwithstanding section after such use.
under section 401(c)(5) of the Higher Edu- 481(b) of the Higher Education Act of 1965 (20 (4) REPORT FROM THE SECRETARY.—Not
cation Act of 1965 (2 U.S.C. 1070a(c)(5)) any U.S.C. 1088(b)), with respect to a foreign in- later than 180 days after the date of enact-
semester (or the equivalent) that the student stitution, in the case of a public health ment of this Act, and every 180 days there-
does not complete due to a qualifying emer- emergency, major disaster or emergency, or after for the duration of the qualifying emer-
gency if the Secretary is able to administer national emergency declared by the applica- gency and the following payment period, the
such policy in a manner that limits com- ble government authorities in the country in Secretary shall submit to the authorizing
plexity and the burden on the student. which the foreign institution is located, the committees (as defined in section 103 of the
SEC. 3508. INSTITUTIONAL REFUNDS AND FED- Secretary may permit any part of an other- Higher Education Act of 1965 (20 U.S.C. 1003))
ERAL STUDENT LOAN FLEXIBILITY. wise eligible program to be offered via dis- a report that identifies each foreign institu-
(a) INSTITUTIONAL WAIVER.— tance education for the duration of such tion that entered into a written arrangement
(1) IN GENERAL.—The Secretary shall waive emergency or disaster and the following pay- authorized under subsection (a).
the institutional requirement under section ment period for purposes of title IV of the SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL
484B of the Higher Education Act of 1965 (20 Higher Education Act of 1965 (20 U.S.C. 1070 WAIVERS.
U.S.C. 1091b) with respect to the amount of et seq.). (a) IN GENERAL.—Notwithstanding any
grant or loan assistance (other than assist- (b) ELIGIBILITY.—An otherwise eligible pro- other provision of law, the Secretary may,
ance received under part C of title IV of such gram that is offered in whole or in part upon the request of a State educational
Act) to be returned under such section if a through distance education by a foreign in- agency or Indian tribe, waive any statutory
recipient of assistance under title IV of the stitution between March 1, 2020, and the date or regulatory provision described under para-
Higher Education Act of 1965 (20 U.S.C. 1070 of enactment of this Act shall be deemed eli- graphs (1) and (2) of subsection (b), and upon
et seq.) withdraws from the institution of gible for the purposes of part D of title IV of the request of a local educational agency,
higher education during the payment period the Higher Education Act of 1965 (20 U.S.C. waive any statutory or regulatory provision
or period of enrollment as a result of a quali- 1087a et seq.) for the duration of the quali- described under paragraph (2) of subsection
fying emergency. fying emergency and the following payment (b), if the Secretary determines that such a
(2) WAIVERS.—The Secretary shall require period for purposes of title IV of the Higher waiver is necessary and appropriate due to
each institution using a waiver relating to Education Act of 1965 (20 U.S.C. 1070 et seq.). the emergency involving Federal primary re-
the withdrawal of recipients under this sub- An institution of higher education that uses sponsibility determined to exist by the
section to report the number of such recipi- the authority provided in the previous sen- President under the section 501(b) of the
ents, the amount of grant or loan assistance tence shall report such use to the Sec- Robert T. Stafford Disaster Relief and Emer-
(other than assistance received under part C retary— gency Assistance Act (42 U.S.C. 5191(b)) with
of title IV of such Act) associated with each (1) for the 2019–2020 award year, not later respect to the Coronavirus Disease 2019
such recipient, and the total amount of than June 30, 2020; and (COVID-19).
grant or loan assistance (other than assist- (2) for an award year subsequent to the (b) APPLICABLE PROVISIONS OF LAW.—
ance received under part C of title IV of such 2019–2020 award year, not later than 30 days (1) STREAMLINED WAIVERS.—The Secretary
Act) for which each institution has not re- after such use. shall create an expedited application process
turned assistance under title IV to the Sec- (c) REPORT.—Not later than 180 days after to request a waiver and the Secretary may
retary. the date of enactment of this Act, and every waive any statutory or regulatory require-
(b) STUDENT WAIVER.—The Secretary shall 180 days thereafter for the duration of the ments for a State educational agency (re-
waive the amounts that students are re- qualifying emergency and the following pay- lated to assessments, accountability, and re-
quired to return under section 484B of the ment period, the Secretary shall submit to porting requirements related to assessments
Higher Education Act of 1965 (20 U.S.C. 1091b) the authorizing committees (as defined in and accountability), if the Secretary deter-
with respect to Federal Pell Grants or other section 103 of the Higher Education Act of mines that such a waiver is necessary and
grant assistance if the withdrawals on which 1965 (20 U.S.C. 1003)) a report that identifies appropriate as described in subsection (a),
the returns are based, are withdrawals by each foreign institution that carried out a under the following provisions of law:
students who withdrew from the institution distance education program authorized (A) The following provisions under section
of higher education as a result of a quali- under this section. 1111 of the Elementary and Secondary Edu-
fying emergency. (d) WRITTEN ARRANGEMENTS.— cation Act of 1965 (20 U.S.C. 6311):
(c) CANCELING LOAN OBLIGATION.—Notwith- (1) IN GENERAL.—Notwithstanding section (i) Paragraphs (2) and (3) of subsection (b).
dlhill on DSKBBY8HB2PROD with SENATE
standing any other provision of the Higher 102 of the Higher Education Act of 1965 (20 (ii) Subsection (c)(4).
Education Act of 1965 (20 U.S.C. 1001 et seq.), U.S.C. 1002), for the duration of a qualifying (iii) Subparagraphs (C) and (D) of sub-
the Secretary shall cancel the borrower’s ob- emergency and the following payment pe- section (d)(2).
ligation to repay the entire portion of a loan riod, the Secretary may allow a foreign in- (iv) The following provisions under sub-
made under part D of title IV of such Act (20 stitution to enter into a written arrange- section (h) of such section 1111:
U.S.C. 1087a et seq.) associated with a pay- ment with an institution of higher education (I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi),
ment period for a recipient of such loan who located in the United States that partici- (vii), and (xi) of paragraph (1)(C).
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2097
(II) Paragraph (2)(C) with respect to the (A) IN GENERAL.—Except as provided under termination and Education Assistance Act
waived requirements under subclause (I). subparagraph (B), the Secretary shall ap- (25 U.S.C. 5301 et seq.).
(III) Clauses (i) and (ii) of paragraph (2)(C). prove or disapprove a waiver request sub- SEC. 3512. HBCU CAPITAL FINANCING.
(B) Section 421(b) of the General Education mitted under paragraph (1) not more than 30 (a) DEFERMENT PERIOD.—
Provisions Act (20 U.S.C. 1225(b)). days after the date on which such request is (1) IN GENERAL.—Notwithstanding any pro-
(2) STATE AND LOCALLY-REQUESTED WAIV- submitted. vision of title III of the Higher Education
ERS.—For a State educational agency, local (B) EXCEPTIONS.—The Secretary may dis- Act of 1965 (20 U.S.C. 1051 et seq.), or any reg-
educational agency, or Indian tribe that re- approve a waiver request submitted under ulation promulgated under such title, the
ceives funds under a program authorized paragraph (1), only if the Secretary deter- Secretary may grant a deferment, for the du-
under the Elementary and Secondary Edu- mines that— ration of a qualifying emergency, to an insti-
cation Act of 1965 (20 U.S.C. 6301 et seq.) that (i) the waiver request does not meet the re- tution that has received a loan under part D
requests a waiver under subsection (c), the quirements of this section; of title III of such Act (20 U.S.C. 1066 et seq.).
Secretary may waive statutory and regu- (ii) the waiver is not permitted pursuant to (2) TERMS.—During the deferment period
latory requirements under any of the fol- subsection (b)(2); or granted under this subsection—
lowing provisions of such Act: (iii) the description required under para- (A) the institution shall not be required to
(A) Section 1114(a)(1). graph (2)(C) provides insufficient informa- pay any periodic installment of principal or
(B) Section 1118(a) and section 8521. tion to demonstrate that the waiving of such interest required under the loan agreement
(C) Section 1127. requirements is necessary or appropriate for such loan; and
(D) Section 4106(d). consistent with subsection (a). (B) the Secretary shall make principal and
(E) Subparagraphs (C), (D), and (E) of sec- (4) DURATION.—A waiver approved by the interest payments otherwise due under the
tion 4106(e)(2). Secretary under this section may be for a pe- loan agreement.
(F) Section 4109(b). riod not to exceed the 2019–2020 academic (3) CLOSING.—At the closing of a loan de-
(G) The definition under section 8101(42) for year, except to carry out full implementa- ferred under this subsection, terms shall be
purposes of the Elementary and Secondary tion of any maintenance of effort waivers set under which the institution shall be re-
Education Act of 1965 (20 U.S.C. 6301 et seq.). granted during the 2019–2020 academic year. quired to repay the Secretary for the pay-
(3) APPLICABILITY TO CHARTER SCHOOLS.— (d) REPORTING AND PUBLICATION.— ments of principal and interest made by the
Any waivers issued by the Secretary under Secretary during the deferment, on a sched-
(1) PUBLIC NOTICE.—A State educational
this section shall be implemented, as appli- ule that begins upon repayment to the lender
agency, Indian Tribe, or local educational
cable— in full on the loan agreement, except in no
agency requesting a waiver under subsection
(A) for all public schools, including public case shall repayment be required to begin be-
(b)(2) shall provide the public and all local
charter schools within the boundaries of the fore the date that is 1 full fiscal year after
educational agencies in the State with no-
recipient of the waiver; the date that is the end of the qualifying
tice of, and the opportunity to comment on,
(B) in accordance with State charter
the request by posting information regarding emergency.
school law; and (b) TERMINATION DATE.—
the waiver request and the process for com-
(C) pursuant to section 1111(c)(5) of the Ele- (1) IN GENERAL.—The authority provided
mentary and Secondary Education Act of menting on the State website.
(2) NOTIFYING CONGRESS.—Not later than 7 under this section to grant a loan deferment
1965 (20 U.S.C. 6311(c)(5)). under subsection (a) shall terminate on the
(4) LIMITATION.—Nothing in this section days after granting a waiver under this sec-
tion, the Secretary shall notify the Com- date on which the qualifying emergency is
shall be construed to allow the Secretary to no longer in effect.
waive any statutory or regulatory require- mittee on Health, Education, Labor, and
Pensions of the Senate, the Committee on (2) DURATION.—Any provision of a loan
ments under applicable civil rights laws. agreement or insurance agreement modified
(5) ACCOUNTABILITY AND IMPROVEMENT.— Appropriations of the Senate, the Committee
on Education and Labor of the House of Rep- by the authority under this section shall re-
Any school located in a State that receives a
resentatives, and the Committee on Appro- main so modified for the duration of the pe-
waiver under paragraph (1) and that is iden-
priations of the House of Representatives of riod covered by the loan agreement or insur-
tified for comprehensive support and im-
such waiver. ance agreement.
provement, targeted support and improve- (c) REPORT.—Not later than 180 days after
ment, or additional targeted support in the (3) PUBLICATION.—Not later than 30 days
after granting a waiver under this section, the date of enactment of this Act, and every
2019-2020 school year under section 180 days thereafter during the period begin-
1111(c)(4)(D) or section 1111(d)(2) of the Ele- the Secretary shall publish a notice of the
Secretary’s decision (including which waiver ning on the first day of the qualifying emer-
mentary and Secondary Education Act of gency and ending on September 30 of the fis-
1965 (20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall was granted and the reason for granting the
waiver) in the Federal Register and on the cal year following the end of the qualifying
maintain that identification status in the emergency, the Secretary shall submit to
2020-2021 school year and continue to receive website of the Department of Education.
(4) REPORT.—Not later than 30 days after the authorizing committees (as defined in
supports and interventions consistent with section 103 of the Higher Education Act of
the school’s support and improvement plan the date of enactment of this Act, the Sec-
retary shall prepare and submit a report to 1965 (20 U.S.C. 1003)) a report that identifies
in the 2020-2021 school year. each institution that received assistance
(c) STATE AND LOCAL REQUESTS FOR WAIV- the Committee on Health, Education, Labor,
and Pensions and the Committee on Appro- under this section.
ERS.— (d) FUNDING.—There is hereby appro-
(1) IN GENERAL.—A State educational agen- priations of the Senate, and the Committee
priated, out of any money in the Treasury
cy, local educational agency, or Indian tribe on Education and Labor and the Committee
not otherwise appropriated, $62,000,000 to
that desires a waiver from any statutory or on Appropriations of the House of Represent- carry out this section.
regulatory provision described under sub- atives, with recommendations on any addi-
SEC. 3513. TEMPORARY RELIEF FOR FEDERAL
section (b)(2), may submit a waiver request tional waivers under the Individuals with STUDENT LOAN BORROWERS.
to the Secretary in accordance with this sub- Disabilities Education Act (20 U.S.C. 1401 et (a) IN GENERAL.—The Secretary shall sus-
section. seq.), the Rehabilitation Act of 1973 (29 pend all payments due for loans made under
(2) REQUESTS SUBMITTED.—A request for a U.S.C. 701 et seq.), the Elementary and Sec- part D and part B (that are held by the De-
waiver under this subsection shall— ondary Education Act of 1965 (20 U.S.C. 6301 partment of Education) of title IV of the
(A) identify the Federal programs affected et seq.), and the Carl D. Perkins Career and Higher Education Act of 1965 (20 U.S.C. 1087a
by the requested waiver; Technical Education Act of 2006 (20 U.S.C. et seq.; 1071 et seq.) through September 30,
(B) describe which Federal statutory or 2301 et seq.) the Secretary believes are nec- 2020.
regulatory requirements are to be waived; essary to be enacted into law to provide lim- (b) NO ACCRUAL OF INTEREST.—Notwith-
(C) describe how the emergency involving ited flexibility to States and local edu- standing any other provision of the Higher
Federal primary responsibility determined cational agencies to meet the needs of stu- Education Act of 1965 (20 U.S.C. 1001 et seq.),
to exist by the President under the section dents during the emergency involving Fed- interest shall not accrue on a loan described
501(b) of the Robert T. Stafford Disaster Re- eral primary responsibility determined to under subsection (a) for which payment was
lief and Emergency Assistance Act (42 U.S.C. exist by the President under section 501(b) of suspended for the period of the suspension.
5191(b)) with respect to the Coronavirus Dis- the Robert T. Stafford Disaster Relief and (c) CONSIDERATION OF PAYMENTS.—Notwith-
ease 2019 (COVID-19) prevents or otherwise Emergency Assistance Act (42 U.S.C. 5191(b)) standing any other provision of the Higher
restricts the ability of the State, State edu- with respect to the Coronavirus Disease 2019 Education Act of 1965 (20 U.S.C. 1001 et seq.),
cational agency, local educational agency, (COVID-19). the Secretary shall deem each month for
Indian tribe, or school to comply with such (e) TERMS.—In this section, the term which a loan payment was suspended under
dlhill on DSKBBY8HB2PROD with SENATE
statutory or regulatory requirements; and ‘‘State educational agency’’ includes the Bu- this section as if the borrower of the loan
(D) provide an assurance that the State reau of Indian Education, and the term had made a payment for the purpose of any
educational agency, local educational agen- ‘‘local educational agency’’ includes Bureau loan forgiveness program or loan rehabilita-
cy, or Indian tribe will work to mitigate any of Indian Education funded schools operated tion program authorized under part D or B of
negative effects, if any, that may occur as a pursuant to a grant under the Tribally Con- title IV of the Higher Education Act of 1965
result of the requested waiver. trolled Schools Act of 1988 (25 U.S.C. 2501 et (20 U.S.C. 1087a et seq.; 1071 et seq.) for which
(3) SECRETARY APPROVAL.— seq.), or a contract under the Indian Self-De- the borrower would have otherwise qualified.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2098 CONGRESSIONAL RECORD — SENATE March 25, 2020
(d) REPORTING TO CONSUMER REPORTING 1990 (42 U.S.C. 12501 et seq.), the Corporation ted to a single State local area) under sub-
AGENCIES.—During the period in which the for National and Community Service shall title B of title I of such Act (29 U.S.C. 3151 et
Secretary suspends payments on a loan allow an individual described in subpara- seq.) for program year 2019, not more than 20
under subsection (a), the Secretary shall en- graph (B) to accrue other service hours that percent of the total amount may be used for
sure that, for the purpose of reporting infor- will count toward the number of hours need- the administrative costs of carrying out
mation about the loan to a consumer report- ed for the individual’s education award. local workforce investment activities under
ing agency, any payment that has been sus- (B) AFFECTED INDIVIDUALS.—Subparagraph chapter 2 or chapter 3 of subtitle B of title I
pended is treated as if it were a regularly (A) shall apply to any individual serving in a of such Act, if the portion of the total
scheduled payment made by a borrower. position eligible for an educational award amount that exceeds 10 percent of the total
(e) SUSPENDING INVOLUNTARY COLLECTION.— under subtitle D of title I of the National amount is used to respond to a qualifying
During the period in which the Secretary and Community Service Act of 1990 (42 U.S.C. emergency.
suspends payments on a loan under sub- 12601 et seq.)— (b) RAPID RESPONSE ACTIVITIES.—
section (a), the Secretary shall suspend all (i) who is performing limited service due to (1) STATEWIDE RAPID RESPONSE.—Of the
involuntary collection related to the loan, COVID-19; or funds reserved by a Governor for program
including— (ii) whose position has been suspended or year 2019 for statewide activities under sec-
(1) a wage garnishment authorized under placed on hold due to COVID-19. tion 128(a) of the Workforce Innovation and
section 488A of the Higher Education Act of (2) PROVISIONS IN CASE OF EARLY EXIT.—In Opportunity Act (29 U.S.C. 3163(a)) that re-
1965 (20 U.S.C. 1095a) or section 3720D of title any case where an individual serving in a po- main unobligated, such funds may be used
31, United States Code; sition eligible for an educational award for statewide rapid response activities as de-
(2) a reduction of tax refund by amount of under subtitle D of title I of the National scribed in section 134(a)(2)(A) of such Act (29
debt authorized under section 3720A of title and Community Service Act of 1990 (42 U.S.C. U.S.C. 3174(a)(2)(A)) for responding to a
31, United States Code, or section 6402(d) of 12601 et seq.) was required to exit the posi- qualifying emergency.
the Internal Revenue Code of 1986; tion early at the direction of the Corporation (2) LOCAL BOARDS.—Of the funds reserved
(3) a reduction of any other Federal benefit for National and Community Service, the by a Governor for program year 2019 under
payment by administrative offset authorized Chief Executive Officer of the Corporation section 133(a)(2) of such Act (29 U.S.C.
under section 3716 of title 31, United States for National and Community Service may— 3173(a)(2)) that remain unobligated, such
Code (including a benefit payment due to an (A) deem such individual as having met the funds may be released within 30 days after
individual under the Social Security Act or requirements of the position; and the date of enactment of this Act to the
any other provision described in subsection (B) award the individual the full value of local boards most impacted by the
(c)(3)(A)(i) of such section); and the educational award under such subtitle coronavirus at the determination of the Gov-
(4) any other involuntary collection activ- for which the individual would otherwise ernor for rapid response activities related to
ity by the Secretary. have been eligible. responding to a qualifying emergency.
(f) WAIVERS.—In carrying out this section, (b) AVAILABILITY OF FUNDS.—Notwith- (c) DEFINITIONS.—Except as otherwise pro-
the Secretary may waive the application of— standing any other provision of law, all vided, the terms in this section have the
(1) subchapter I of chapter 35 of title 44, funds made available to the Corporation for meanings given the terms in section 3 of the
United States Code (commonly known as the National and Community Service under any Workforce Innovation and Opportunity Act
‘‘Paperwork Reduction Act’’); Act, including the amounts appropriated to (29 U.S.C. 3102).
(2) the master calendar requirements under the Corporation under the headings ‘‘OPER- SEC. 3516. TECHNICAL AMENDMENTS.
section 482 of the Higher Education Act of ATING EXPENSES’’, ‘‘SALARIES AND EXPENSES’’, (a) IN GENERAL.—
1965 (20 U.S.C. 1089); and ‘‘OFFICE OF THE INSPECTOR GENERAL’’ (1) Section 6103(a)(3) of the Internal Rev-
(3) negotiated rulemaking under section under the heading ‘‘CORPORATION FOR NA- enue Code of 1986, as amended by the FU-
492 of the Higher Education Act of 1965 (20 TIONAL AND COMMUNITY SERVICE’’ under title TURE Act (Public Law 116-91), is further
U.S.C. 1098a); and IV of Division A of the Further Consolidated amended by striking ‘‘(13), (16)’’ and insert-
(4) the requirement to publish the notices Appropriations Act, 2020 (Public Law 116–94), ing ‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)’’.
related to the system of records of the agen- shall remain available for the fiscal year (2) Section 6103(p)(3)(A) of such Code, as so
cy before implementation required under ending September 30, 2021. amended, is further amended by striking
paragraphs (4) and (11) of section 552a(e) of (c) NO REQUIRED RETURN OF GRANT ‘‘(12),’’ and inserting ‘‘(12), (13)(A), (13)(B),
title 5, United States Code (commonly FUNDS.—Notwithstanding section (13)(C), (13)(D)(i)’’.
known as the ‘‘Privacy Act of 1974’’), except 129(l)(3)(A)(i) of the National and Community (3) Section 6103(p)(4) of such Code, as so
that the notices shall be published not later Service Act of 1990 (42 U.S.C. amended, is further amended by striking
than 180 days after the date of enactment of 12581(l)(3)(A)(i)), the Chief Executive Officer ‘‘(13) or (16)’’ each place it appears and in-
this Act. of the Corporation for National and Commu- serting ‘‘(13), or (16)’’.
(g) NOTICE TO BORROWERS AND TRANSITION (4) Section 6103(p)(4) of such Code, as so
nity Service may permit fixed-amount grant
PERIOD.—To inform borrowers of the actions amended and as amended by paragraph (3), is
recipients under such section 129(l) to main-
taken in accordance with this section and further amended by striking ‘‘(13)’’ each
tain a pro rata amount of grant funds, at the
ensure an effective transition, the Secretary place it appears and inserting ‘‘(13)(A),
discretion of the Corporation for National
shall— (13)(B), (13)(C), (13)(D)(i)’’.
and Community Service, for participants
(1) not later than 15 days after the date of (5) Section 6103(l)(13)(C)(ii) of such Code, as
who exited, were suspended, or are serving in
enactment of this Act, notify borrowers— added by the FUTURE Act (Public Law 116-
a limited capacity due to COVID-19, to en-
(A) of the actions taken in accordance with 91), is amended by striking ‘‘section
able the grant recipients to maintain oper-
subsections (a) and (b) for whom payments 236A(e)(4)’’ and inserting ‘‘section
ations and to accept participants.
have been suspended and interest waived; 263A(e)(4)’’.
(d) EXTENSION OF TERMS AND AGE LIMITS.—
(B) of the actions taken in accordance with (b) EFFECTIVE DATE.—The amendments
Notwithstanding any other provision of law,
subsection (e) for whom collections have made by this section shall apply as if in-
the Corporation for National and Commu-
been suspended; cluded in the enactment of the FUTURE Act
nity Service may extend the term of service
(C) of the option to continue making pay- (Public Law 116-91).
(for a period not to exceed the 1-year period
ments toward principal; and SEC. 3517. WAIVER AUTHORITY AND REPORTING
immediately following the end of the na-
(D) that the program under this section is REQUIREMENT FOR INSTITUTIONAL
tional emergency) or waive any upper age AID.
a temporary program.
limit (except in no case shall the maximum (a) WAIVER AUTHORITY.—Notwithstanding
(2) beginning on August 1, 2020, carry out a
age exceed 26 years of age) for national serv- any other provision of the Higher Education
program to provide not less than 6 notices by
ice programs carried out by the National Ci- Act of 1965 (U.S.C. 1001 et seq.), unless en-
postal mail, telephone, or electronic commu-
vilian Community Corps under subtitle E of acted with specific reference to this section,
nication to borrowers indicating—
title I of the National and Community Serv- for any institution of higher education that
(A) when the borrower’s normal payment
ice Act of 1990 (42 U.S.C. 12611 et seq.), and was receiving assistance under title III, title
obligations will resume; and
the participants in such programs, for the V, or subpart 4 of part A of title VII of such
(B) that the borrower has the option to en-
purposes of— Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a
roll in income-driven repayment, including a
(1) addressing disruptions due to COVID-19; et seq.) at the time of a qualifying emer-
brief description of such options.
and gency, the Secretary may, for the period be-
SEC. 3514. PROVISIONS RELATED TO THE COR-
PORATION FOR NATIONAL AND COM- (2) minimizing the difficulty in returning ginning on the first day of the qualifying
MUNITY SERVICE. to full operation due to COVID-19 on such emergency and ending on September 30 of
dlhill on DSKBBY8HB2PROD with SENATE
(a) ACCRUAL OF SERVICE HOURS.— programs and participants. the fiscal year following the end of the quali-
(1) ACCRUAL THROUGH OTHER SERVICE SEC. 3515. WORKFORCE RESPONSE ACTIVITIES. fying emergency—
HOURS.— (a) ADMINISTRATIVE COSTS.—Notwith- (1) waive—
(A) IN GENERAL.—Notwithstanding any standing section 128(b)(4) of the Workforce (A) the eligibility data requirements set
other provision of the Domestic Volunteer Innovation Opportunity Act (29 U.S.C. forth in section 391(d) and 521(e) of the High-
Service Act of 1973 (42 U.S.C. 4950 et seq.) or 3163(b)(4)), of the total amount allocated to a er Education Act of 1965 (20 U.S.C. 1068(d);
the National and Community Service Act of local area (including the total amount allot- 1103(e));
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2099
(B) the wait-out period set forth in section tember 30 of the fiscal year following the end taking leave for a reason described in para-
313(d) of the Higher Education Act of 1965 (20 of the qualifying emergency. graph (1), (2), or (3) of section 5102(a); or
U.S.C. 1059(d)); (b) MATCHING REQUIREMENT MODIFICA- ‘‘(2) $200 per day and $2,000 in the aggregate
(C) the allotment requirements under para- TIONS.—Notwithstanding any other provision for each employee, when the employee is
graphs (2) and (3) of subsection 318(e) of the of the Higher Education Act of 1965 (20 U.S.C. taking leave for a reason described in para-
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary is authorized to graph (4), (5), or (6) of section 5102(a).’’.
1059e(e)), and the reference to ‘‘the academic modify any Federal share or other financial SEC. 3603. UNEMPLOYMENT INSURANCE.
year preceding the beginning of that fiscal matching requirement for a grant awarded Section 903(h)(2)(B) of the Social Security
year’’ under such section 318(e)(1); on a competitive basis or a grant awarded Act (42 U.S.C. 1103(h)(2)(B)), as added by sec-
(D) the allotment requirements under sub- under part A or B of title III or subpart 4 of tion 4102 of the Emergency Unemployment
sections (b), (c), and (g) of section 324 of the part A of title VII of the Higher Education Insurance Stabilization and Access Act of
Higher Education Act of 1965 (20 U.S.C. 1063), Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; 2020, is amended to read as follows:
the reference to ‘‘the end of the school year 1136a et seq.) at the request of an institution ‘‘(B) The State ensures that applications
preceding the beginning of that fiscal year’’ of higher education or other grant recipient for unemployment compensation, and assist-
under such section 324(a), and the reference as a result of a qualifying emergency, for the ance with the application process, are acces-
to ‘‘the academic year preceding such fiscal period beginning on the first day of the sible, to the extent practicable in at least
year’’ under such section 324(h); qualifying emergency and ending on Sep- two of the following: in person, by phone, or
(E) subparagraphs (A), (C), (D), and (E) of tember 30 of the fiscal year following the end online.’’.
section 326(f)(3) of the Higher Education Act of the qualifying emergency.
SEC. 3604. OMB WAIVER OF PAID FAMILY AND
of 1965 (20 U.S.C. 1063b(f)(3)), and references (c) REPORTS.—Not later than 180 days after
PAID SICK LEAVE.
to ‘‘previous year’’ under such section the date of enactment of this Act, and every
(a) FAMILY AND MEDICAL LEAVE ACT OF
180 days thereafter for the duration of the
326(f)(3)(B); 1993.—Section 110(a) of title I of the Family
period beginning on the first day of the
(F) subparagraphs (A), (C), (D), and (E) of and Medical Leave Act of 1993 (29 U.S.C. 2611
qualifying emergency and ending on Sep-
section 723(f)(3) and subparagraphs (A), (C), et seq.) (as added by division C of the Fami-
tember 30 of the fiscal year following the end
(D), and (E) of section 724(f)(3) of the Higher lies First Coronavirus Response Act) is
of the qualifying emergency, the Secretary
Education Act of 1965 (20 U.S.C. 1136a(f)(3); amended by adding at the end the following
shall submit to the authorizing committees
1136b(f)(3)), and references to ‘‘previous aca- new paragraph:
(as defined in section 103 of the Higher Edu-
demic year’’ under subparagraph (B) of such ‘‘(4) The Director of the Office of Manage-
cation Act of 1965 (20 U.S.C. 1003)) a report
sections 723(f)(3) and 724(f)(3); and ment and Budget shall have the authority to
that identifies each institution of higher
(G) the allotment restriction set forth in exclude for good cause from the require-
education or other grant recipient that re-
section 318(d)(4) and section 323(c)(2) of the ceived a modification under this section. ments under subsection (b) certain employ-
Higher Education Act of 1965 (20 U.S.C. ers of the United States Government with re-
SEC. 3519. SERVICE OBLIGATIONS FOR TEACH-
1059e(d)(4); 1062(c)(2)); and ERS. spect to certain categories of Executive
(2) waive or modify any statutory or regu- (a) TEACH GRANTS.—For the purpose of sec- Branch employees.’’.
latory provision to ensure that institutions tion 420N of the Higher Education Act of 1965 (b) EMERGENCY PAID SICK LEAVE ACT.—The
that were receiving assistance under title (20 U.S.C. 1070g–2), during a qualifying emer- Emergency Paid Sick Leave Act (division E
III, title V, or subpart 4 of part A of title VII gency, the Secretary— of the Families First Coronavirus Response
of such Act (20 U.S.C. 1051 et seq.; 1101 et (1) may modify the categories of extenu- Act) is amended by adding at the end the fol-
seq.; 1136a et seq.) at the time of a qualifying ating circumstances under which a recipient lowing new section:
emergency are not adversely affected by any of a grant under subpart 9 of part A of title ‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN
formula calculation for fiscal year 2020 and IV of the Higher Education Act of 1965 (20 EMPLOYEES.
for the period beginning on the first day of U.S.C. 1070g et seq.) who is unable to fulfill ‘‘The Director of the Office of Management
the qualifying emergency and ending on Sep- all or part of the recipient’s service obliga- and Budget shall have the authority to ex-
tember 30 of the fiscal year following the end tion may be excused from fulfilling that por- clude for good cause from the definition of
of the qualifying emergency, as necessary. tion of the service obligation; and employee under section 5110(1) certain em-
(b) USE OF UNEXPENDED FUNDS.—Any funds (2) shall consider teaching service that, as ployees described in subparagraphs (E) and
paid to an institution under title III, title V, (F) of such section, including by exempting
a result of a qualifying emergency, is part-
or subpart 4 of part A of title VII of the certain United States Government employ-
time or temporarily interrupted, to be full-
Higher Education Act of 1965 (20 U.S.C. 1051 ers covered by section 5110(2)(A)(i)(V) from
time service and to fulfill the service obliga-
et seq.; 1101 et seq.; 1136a et seq.) and not ex- the requirements of this title with respect to
tions under such section 420N.
pended or used for the purposes for which the (b) TEACHER LOAN FORGIVENESS.—Notwith- certain categories of Executive Branch em-
funds were paid to the institution during the standing section 428J or 460 of the Higher ployees.’’.
5-year period following the date on which the Education Act of 1965 (20 U.S.C. 1078–10; SEC. 3605. PAID LEAVE FOR REHIRED EMPLOY-
funds were first paid to the institution, may 1087j), the Secretary shall waive the require- EES.
be carried over and expended during the suc- ments under such sections that years of Section 110(a)(1)(A) of the Family and Med-
ceeding 5-year period. teaching service shall be consecutive if— ical Leave Act of 1993, as added by section
(c) REPORT.—Not later than 180 days after 3102 of the Emergency Family and Medical
(1) the teaching service of a borrower is
the date of enactment of this Act, and every
temporarily interrupted due to a qualifying Leave Expansion Act, is amended to read as
180 days thereafter for the period beginning
emergency; and follows:
on the first day of the qualifying emergency
(2) after the temporary interruption due to ‘‘(A) ELIGIBLE EMPLOYEE.—
and ending on September 30 of the fiscal year
a qualifying emergency, the borrower re- ‘‘(i) IN GENERAL.—In lieu of the definition
following the end of the qualifying emer-
sumes teaching service and completes a total in sections 101(2)(A) and 101(2)(B)(ii), the
gency, the Secretary shall submit to the au-
of 5 years of qualifying teaching service term ‘eligible employee’ means an employee
thorizing committees (as defined in section
under such sections, including qualifying who has been employed for at least 30 cal-
103 of the Higher Education Act of 1965 (20
teaching service performed before, during, endar days by the employer with respect to
U.S.C. 1003)) a report that identifies each in-
and after such qualifying emergency. whom leave is requested under section
stitution that received a waiver or modifica-
Subtitle C—Labor Provisions 102(a)(1)(F).
tion under this section.
SEC. 3601. LIMITATION ON PAID LEAVE. ‘‘(ii) RULE REGARDING REHIRED EMPLOY-
SEC. 3518. AUTHORIZED USES AND OTHER MODI-
EES.—For purposes of clause (i), the term
FICATIONS FOR GRANTS. Section 110(b)(2)(B) of the Family and Med-
(a) IN GENERAL.—The Secretary is author- ical Leave Act of 1993 (as added by the Emer- ‘employed for at least 30 calendar days’, used
ized to modify the required and allowable gency Family and Medical Leave Expansion with respect to an employee and an employer
uses of funds for grants awarded under part Act) is amended by striking clause (ii) and described in clause (i), includes an employee
A or B of title III, chapter I or II of subpart inserting the following: who was laid off by that employer not earlier
2 of part A of title IV, title V, or subpart 4 ‘‘(ii) LIMITATION.—An employer shall not than March 1, 2020, had worked for the em-
of part A of title VII of the Higher Education be required to pay more than $200 per day ployer for not less than 30 of the last 60 cal-
Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; and $10,000 in the aggregate for each em- endar days prior to the employee’s layoff,
1070a–11 et seq.; 1070a–21 et seq.; 1101 et seq.; ployee for paid leave under this section.’’. and was rehired by the employer.’’.
1136a et seq.) to an institution of higher edu- SEC. 3602. EMERGENCY PAID SICK LEAVE ACT SEC. 3606. ADVANCE REFUNDING OF CREDITS.
cation or other grant recipient (not includ- LIMITATION. (a) PAYROLL CREDIT FOR REQUIRED PAID
ing individual recipients of Federal student Section 5102 of the Emergency Paid Sick SICK LEAVE.—Section 7001 of division G of
dlhill on DSKBBY8HB2PROD with SENATE
financial assistance), at the request of an in- Leave Act (division E of the Families First the Families First Coronavirus Response Act
stitution of higher education or other recipi- Coronavirus Response Act) is amended by is amended—
ent of a grant (not including individual re- adding at the end the following: (1) in subsection (b)(4)(A)—
cipients of Federal student financial assist- ‘‘(f) LIMITATIONS.—An employer shall not (A) by striking ‘‘(A) In general.—If the
ance) as a result of a qualifying emergency, be required to pay more than either— amount’’ and inserting ‘‘(A)(i) Credit is re-
for the period beginning on the first day of ‘‘(1) $511 per day and $5,110 in the aggregate fundable.—If the amount’’; and
the qualifying emergency and ending on Sep- for each employee, when the employee is (B) by adding at the end the following:
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2100 CONGRESSIONAL RECORD — SENATE March 25, 2020
‘‘(ii) ADVANCING CREDIT.—In anticipation of Employee Retirement Income Security Act tions of a contract, or other agreement,
the credit, including the refundable portion of 1974 (29 U.S.C. 1083(a))) which (but for this without consideration, to reimburse at the
under clause (i), the credit may be advanced, section) would otherwise be due under sec- minimum applicable contract billing rates
according to forms and instructions provided tion 430(j) of such Code (including quarterly not to exceed an average of 40 hours per
by the Secretary, up to an amount cal- contributions under paragraph (3) thereof) week any paid leave, including sick leave, a
culated under subsection (a), subject to the and section 303(j) of such Act (29 U.S.C. contractor provides to keep its employees or
limits under subsection (b), both calculated 1083(j)) (including quarterly contributions subcontractors in a ready state, including to
through the end of the most recent payroll under paragraph (3) thereof) during calendar protect the life and safety of Government
period in the quarter.’’; year 2020— and contractor personnel, but in no event be-
(2) in subsection (f)— (1) the due date for such contributions yond September 30, 2020. Such authority
(A) in paragraph (4), by striking ‘‘, and’’ shall be January 1, 2021, and shall apply only to a contractor whose em-
and inserting a comma; (2) the amount of each such minimum re- ployees or subcontractors cannot perform
(B) in paragraph (5), by striking the period quired contribution shall be increased by in- work on a site that has been approved by the
at the end and inserting ‘‘, and’’; and terest accruing for the period between the Federal Government, including a federally-
(C) by adding at the end the following: original due date (without regard to this sec- owned or leased facility or site, due to facil-
‘‘(6) regulations or other guidance to per- tion) for the contribution and the payment ity closures or other restrictions, and who
mit the advancement of the credit deter- date, at the effective rate of interest for the cannot telework because their job duties
mined under subsection (a).’’; and plan for the plan year which includes such cannot be performed remotely during the
public health emergency declared on Janu-
(3) by inserting after subsection (h) the fol- payment date.
(b) BENEFIT RESTRICTION STATUS.—For pur- ary 31, 2020 for COVID–19: Provided, That the
lowing new subsection:
poses of section 436 of the Internal Revenue maximum reimbursement authorized by this
‘‘(i) TREATMENT OF DEPOSITS.—The Sec-
section shall be reduced by the amount of
retary of the Treasury (or the Secretary’s Code of 1986 and section 206(g) of the Em-
credit a contractor is allowed pursuant to di-
delegate) shall waive any penalty under sec- ployee Retirement Income Security Act of
vision G of Public Law 116–127 and any appli-
tion 6656 of the Internal Revenue Code of 1986 1974 (29 U.S.C. 1056(g)), a plan sponsor may
cable credits a contractor is allowed under
for any failure to make a deposit of the tax elect to treat the plan’s adjusted funding
this Act.
imposed by section 3111(a) or 3221(a) of such target attainment percentage for the last
SEC. 3611. TECHNICAL CORRECTIONS.
Code if the Secretary determines that such plan year ending before January 1, 2020, as
the adjusted funding target attainment per- (1) Section 110(a)(3) of the Family and Med-
failure was due to the anticipation of the
centage for plan years which include cal- ical Leave Act of 1993 (as added by the Emer-
credit allowed under this section.’’.
gency and Medical Leave Expansion Act) is
(b) PAYROLL CREDIT FOR REQUIRED PAID endar year 2020.
amended by striking ‘‘553(d)(A)’’ and insert-
FAMILY LEAVE.—Section 7003 of division G of SEC. 3609. APPLICATION OF COOPERATIVE AND
SMALL EMPLOYER CHARITY PEN-
ing ‘‘553(d)(3)’’.
the Families First Coronavirus Response Act
SION PLAN RULES TO CERTAIN (2) Section 5111 of the Emergency Paid
is amended—
CHARITABLE EMPLOYERS WHOSE Sick Leave Act (division E of the Families
(1) in subsection (b)(3)— First Coronavirus Response Act) is amended
PRIMARY EXEMPT PURPOSE IS PRO-
(A) by striking ‘‘If the amount’’ and insert- VIDING SERVICES WITH RESPECT TO by striking ‘‘553(d)(A)’’ and inserting
ing ‘‘(A) Credit is refundable.—If the MOTHERS AND CHILDREN. ‘‘553(d)(3)’’.
amount’’; and (a) EMPLOYEE RETIREMENT INCOME SECU- (3) Section 110(c) of the Family and Med-
(B) by adding at the end the following: RITY ACT OF 1974.—Section 210(f)(1) of the ical Leave Act of 1993 (as added by the Emer-
‘‘(B) ADVANCING CREDIT.—In anticipation of Employee Retirement Income Security Act gency and Medical Leave Expansion Act) is
the credit, including the refundable portion of 1974 (29 U.S.C. 1060(f)(1)) is amended— amended by striking ‘‘subsection
under subparagraph (A), the credit may be (1) by striking ‘‘or’’ at the end of subpara- (a)(2)(A)(iii)’’ and inserting ‘‘subsection
advanced, according to forms and instruc- graph (B); (a)(2)(A)’’.
tions provided by the Secretary, up to an (2) by striking the period at the end of sub- (4) Section 3104 of the Emergency Family
amount calculated under subsection (a), sub- paragraph (C)(iv) and inserting ‘‘; or’’; and and Medical Leave Expansion Act (division C
ject to the limits under subsection (b), both (3) by inserting after subparagraph (C) the of the Families First Coronavirus Response
calculated through the end of the most re- following new subparagraph: Act) is amended—
cent payroll period in the quarter.’’; ‘‘(D) that, as of January 1, 2000, was main- (A) by striking ‘‘110(a)(B)’’ and inserting
(2) in subsection (f)— tained by an employer— ‘‘section 110(a)(1)(B) of the Family and Med-
(A) in paragraph (4), by striking ‘‘, and’’ ‘‘(i) described in section 501(c)(3) of the In- ical Leave Act of 1993’’; and
and inserting a comma; ternal Revenue Code of 1986, (B) by striking ‘‘section 107(a) for a viola-
(B) in paragraph (5), by striking the period ‘‘(ii) who has been in existence since at tion of section 102(a)(1)(F) if the employer
at the end and inserting ‘‘, and’’; and least 1938, does not meet the definition of employer set
(C) by adding at the end the following: ‘‘(iii) who conducts medical research di- forth in Section 101(4)(A)(i)’’ and inserting
‘‘(6) regulations or other guidance to per- rectly or indirectly through grant making, ‘‘section 107(a) of such Act for a violation of
mit the advancement of the credit deter- and section 102(a)(1)(F) of such Act if the em-
mined under subsection (a).’’; and ‘‘(iv) whose primary exempt purpose is to ployer does not meet the definition of em-
(c) by inserting after subsection (h) the fol- provide services with respect to mothers and ployer set forth in section 101(4)(A)(i) of such
lowing new subsection: children.’’. Act’’.
‘‘(i) TREATMENT OF DEPOSITS.—The Sec- (b) INTERNAL REVENUE CODE OF 1986.—Sec- (5) Section 5110(1) of the Emergency Paid
retary of the Treasury (or the Secretary’s tion 414(y)(1) of the Internal Revenue Code of Sick Leave Act (division E of the Families
delegate) shall waive any penalty under sec- 1986 is amended— First Coronavirus Response Act) is amend-
tion 6656 of the Internal Revenue Code of 1986 (1) by striking ‘‘or’’ at the end of subpara- ed—
for any failure to make a deposit of the tax graph (B); (A) in the matter preceding subparagraph
imposed by section 3111(a) or 3221(a) of such (2) by striking the period at the end of sub- (A), by striking ‘‘terms’’ and inserting
Code if the Secretary determines that such paragraph (C)(iv) and inserting ‘‘; or’’; and ‘‘term’’; and
failure was due to the anticipation of the (3) by inserting after subparagraph (C) the (B) in subparagraph (A)(i), by striking
credit allowed under this section.’’. following new subparagraph: ‘‘paragraph (5)(A)’’ and inserting ‘‘paragraph
SEC. 3607. EXPANSION OF DOL AUTHORITY TO ‘‘(D) that, as of January 1, 2000, was main- (2)(A)’’.
POSTPONE CERTAIN DEADLINES. tained by an employer— (6) Section 5110(2)(B)(ii) of the Emergency
Section 518 of the Employee Retirement ‘‘(i) described in section 501(c)(3), Paid Sick Leave Act (division E of the Fami-
Income Security Act of 1974 (29 U.S.C. 1148) is ‘‘(ii) who has been in existence since at lies First Coronavirus Response Act) is
amended by striking ‘‘or a terroristic or least 1938, amended by striking ‘‘clause (i)(IV)’’ and in-
military action (as defined in section ‘‘(iii) who conducts medical research di- serting ‘‘clause (i)(III)’’.
692(c)(2) of such Code), the Secretary may’’ rectly or indirectly through grant making, (7) Section 110(a)(3) of the Family and Med-
and inserting ‘‘a terroristic or military ac- and ical Leave Act of 1993 (as added by the Emer-
tion (as defined in section 692(c)(2) of such ‘‘(iv) whose primary exempt purpose is to gency and Medical Leave Expansion Act) is
Code), or a public health emergency declared provide services with respect to mothers and amended—
by the Secretary of Health and Human Serv- children.’’. (A) by striking ‘‘and’’ after the semicolon
ices pursuant to section 319 of the Public (c) EFFECTIVE DATE.—The amendments at the end of subparagraph (A);
Health Service Act, the Secretary may’’. made by this section shall apply to plan (B) by striking the period at end of sub-
dlhill on DSKBBY8HB2PROD with SENATE
SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING years beginning after December 31, 2018. paragraph (B) and inserting ‘‘; and’’; and
RULES. SEC. 3610. FEDERAL CONTRACTOR AUTHORITY. (C) by adding at the end the following:
(a) DELAY IN PAYMENT OF MINIMUM RE- Notwithstanding any other provision of ‘‘(C) as necessary to carry out the purposes
QUIRED CONTRIBUTIONS.—In the case of any law, and subject to the availability of appro- of this Act, including to ensure consistency
minimum required contribution (as deter- priations, funds made available to an agency between this Act and Division E and Division
mined under section 430(a) of the Internal by this Act or any other Act may be used by G of the Families First Coronavirus Re-
Revenue Code of 1986 and section 303(a) of the such agency to modify the terms and condi- sponse Act.’’.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2101
(8) Section 5104(1) of the Emergency Paid (1) in subsection (b)(8), by striking ‘‘to an ices under the methodology for all-inclusive
Sick Leave Act (division E of the Families individual by a qualified provider (as defined rates (established by the Secretary) under
First Coronavirus Response Act) is amended in subsection (g)(3))’’ and all that follows section 1833(a)(3).’’.
by striking ‘‘and’’ after the semicolon and through the period and inserting ‘‘, the re- SEC. 3705. TEMPORARY WAIVER OF REQUIRE-
inserting ‘‘or’’. quirements of section 1834(m).’’; and MENT FOR FACE-TO-FACE VISITS BE-
(9) Section 5105 of the Emergency Paid (2) in subsection (g), by striking paragraph TWEEN HOME DIALYSIS PATIENTS
Sick Leave Act (division E of the Families (3). AND PHYSICIANS.
First Coronavirus Response Act) is amended SEC. 3704. ENHANCING MEDICARE TELEHEALTH Section 1881(b)(3)(B) of the Social Security
by adding at the end the following: SERVICES FOR FEDERALLY QUALI- Act (42 U.S.C. 1395rr(b)(3)(B)) is amended—
‘‘(c) INVESTIGATIONS AND COLLECTION OF FIED HEALTH CENTERS AND RURAL (1) in clause (i), by striking ‘‘clause (ii)’’
DATA.—The Secretary of Labor or his des- HEALTH CLINICS DURING EMER- and inserting ‘‘clauses (ii) and (iii)’’;
GENCY PERIOD. (2) in clause (ii), in the matter preceding
ignee may investigate and gather data to en-
sure compliance with this Act in the same Section 1834(m) of the Social Security Act subclause (I), by striking ‘‘Clause (i)’’ and in-
manner as authorized by sections 9 and 11 of (42 U.S.C. 1395m(m)) is amended— serting ‘‘Except as provided in clause (iii),
the Fair Labor Standards Act of 1938 (29 (1) in the first sentence of paragraph (1), by clause (i)’’; and
U.S.C. 209; 211).’’. striking ‘‘The Secretary’’ and inserting (3) by adding at the end the following new
‘‘Subject to paragraph (8), the Secretary’’; clause:
Subtitle D—Finance Committee
(2) in paragraph (2)(A), by striking ‘‘The ‘‘(iii) The Secretary may waive the provi-
SEC. 3701. EXEMPTION FOR TELEHEALTH SERV- Secretary’’ and inserting ‘‘Subject to para-
ICES. sions of clause (ii) during the emergency pe-
graph (8), the Secretary’’; riod described in section 1135(g)(1)(B).’’.
(a) IN GENERAL.—Paragraph (2) of section (3) in paragraph (4)—
223(c) of the Internal Revenue Code of 1986 is SEC. 3706. USE OF TELEHEALTH TO CONDUCT
(A) in subparagraph (A), by striking ‘‘The FACE-TO-FACE ENCOUNTER PRIOR
amended by adding at the end the following term’’ and inserting ‘‘Subject to paragraph TO RECERTIFICATION OF ELIGI-
new subparagraph: (8), the term’’; and BILITY FOR HOSPICE CARE DURING
‘‘(E) SAFE HARBOR FOR ABSENCE OF DEDUCT- (B) in subparagraph (F)(i), by striking EMERGENCY PERIOD.
IBLE FOR TELEHEALTH.—In the case of plan Section 1814(a)(7)(D)(i) of the Social Secu-
‘‘The term’’ and inserting ‘‘Subject to para-
years beginning on or before December 31, graph (8), the term’’; and rity Act (42 U.S.C. 1395f(a)(7(D)(i)) is amend-
2021, a plan shall not fail to be treated as a (4) by adding at the end the following new ed—
high deductible health plan by reason of fail- paragraph: (1) by striking ‘‘a hospice’’ and inserting
ing to have a deductible for telehealth and ‘‘(8) ENHANCING TELEHEALTH SERVICES FOR ‘‘(I) subject to subclause (II), a hospice’’; and
other remote care services.’’. FEDERALLY QUALIFIED HEALTH CENTERS AND (2) by inserting after subclause (I), as
(b) CERTAIN COVERAGE DISREGARDED.— added by paragraph (1), the following new
RURAL HEALTH CLINICS DURING EMERGENCY PE-
Clause (ii) of section 223(c)(1)(B) of the Inter- subclause:
RIOD.—
nal Revenue Code of 1986 is amended by ‘‘(II) during the emergency period de-
‘‘(A) IN GENERAL.—During the emergency
striking ‘‘or long-term care’’ and inserting
period described in section 1135(g)(1)(B)— scribed in section 1135(g)(1)(B), a hospice
‘‘long-term care, or (in the case of plan years
‘‘(i) the Secretary shall pay for telehealth physician or nurse practitioner may conduct
beginning on or before December 31, 2021)
services that are furnished via a tele- a face-to-face encounter required under this
telehealth and other remote care’’.
(c) EFFECTIVE DATE.—The amendments communications system by a Federally clause via telehealth, as determined appro-
made by this section shall take effect on the qualified health center or a rural health clin- priate by the Secretary; and’’.
date of the enactment of this Act. ic to an eligible telehealth individual en- SEC. 3707. ENCOURAGING USE OF TELE-
rolled under this part notwithstanding that COMMUNICATIONS SYSTEMS FOR
SEC. 3702. INCLUSION OF CERTAIN OVER-THE-
the Federally qualified health center or HOME HEALTH SERVICES FUR-
COUNTER MEDICAL PRODUCTS AS
NISHED DURING EMERGENCY PE-
QUALIFIED MEDICAL EXPENSES. rural clinic providing the telehealth service RIOD.
(a) HSAS.—Section 223(d)(2) of the Internal is not at the same location as the bene-
With respect to home health services (as
Revenue Code of 1986 is amended— ficiary; defined in section 1861(m) of the Social Secu-
(1) by striking the last sentence of sub- ‘‘(ii) the amount of payment to a Federally rity Act (42 U.S.C. 1395x(m)) that are fur-
paragraph (A) and inserting the following: qualified health center or rural health clinic nished during the emergency period de-
‘‘For purposes of this subparagraph, amounts that serves as a distant site for such a tele- scribed in section 1135(g)(1)(B) of such Act (42
paid for menstrual care products shall be health service shall be determined under U.S.C. 1320b–5(g)(1)(B)), the Secretary of
treated as paid for medical care.’’; and subparagraph (B); and Health and Human Services shall consider
(2) by adding at the end the following new ‘‘(iii) for purposes of this subsection— ways to encourage the use of telecommuni-
subparagraph: ‘‘(I) the term ‘distant site’ includes a Fed- cations systems, including for remote pa-
‘‘(D) MENSTRUAL CARE PRODUCT.—For pur- erally qualified health center or rural health tient monitoring as described in section
poses of this paragraph, the term ‘menstrual clinic that furnishes a telehealth service to 409.46(e) of title 42, Code of Federal Regula-
care product’ means a tampon, pad, liner, an eligible telehealth individual; and tions (or any successor regulations) and
cup, sponge, or similar product used by indi- ‘‘(II) the term ‘telehealth services’ includes other communications or monitoring serv-
viduals with respect to menstruation or a rural health clinic service or Federally ices, consistent with the plan of care for the
other genital-tract secretions.’’. qualified health center service that is fur- individual, including by clarifying guidance
(b) ARCHER MSAS.—Section 220(d)(2)(A) of nished using telehealth to the extent that and conducting outreach, as appropriate.
such Code is amended by striking the last payment codes corresponding to services SEC. 3708. IMPROVING CARE PLANNING FOR
sentence and inserting the following: ‘‘For identified by the Secretary under clause (i) MEDICARE HOME HEALTH SERV-
purposes of this subparagraph, amounts paid or (ii) of paragraph (4)(F) are listed on the ICES.
for menstrual care products (as defined in corresponding claim for such rural health (a) PART A PROVISIONS.—Section 1814(a) of
section 223(d)(2)(D)) shall be treated as paid clinic service or Federally qualified health the Social Security Act (42 U.S.C. 1395f(a)) is
for medical care.’’. center service. amended—
(c) HEALTH FLEXIBLE SPENDING ARRANGE- ‘‘(B) SPECIAL PAYMENT RULE.— (1) in paragraph (2)—
MENTS AND HEALTH REIMBURSEMENT AR-
‘‘(i) IN GENERAL.—The Secretary shall de- (A) in the matter preceding subparagraph
RANGEMENTS.—Section 106 of such Code is
velop and implement payment methods that (A), by inserting ‘‘, a nurse practitioner or
amended by striking subsection (f) and in- apply under this subsection to a Federally clinical nurse specialist (as such terms are
serting the following new subsection:
qualified health center or rural health clinic defined in section 1861(aa)(5)) who is working
‘‘(f) REIMBURSEMENTS FOR MENSTRUAL CARE
PRODUCTS.—For purposes of this section and that serves as a distant site that furnishes a in accordance with State law, or a physician
section 105, expenses incurred for menstrual telehealth service to an eligible telehealth assistant (as defined in section 1861(aa)(5))
care products (as defined in section individual during such emergency period. who is working in accordance with State
223(d)(2)(D)) shall be treated as incurred for Such payment methods shall be based on law, who is’’ after ‘‘in the case of services de-
medical care.’’. payment rates that are similar to the na- scribed in subparagraph (C), a physician’’;
(d) EFFECTIVE DATES.— tional average payment rates for comparable and
(1) DISTRIBUTIONS FROM SAVINGS AC- telehealth services under the physician fee (B) in subparagraph (C)—
COUNTS.—The amendment made by sub- schedule under section 1848. Notwithstanding (i) by inserting ‘‘, a nurse practitioner, a
sections (a) and (b) shall apply to amounts any other provision of law, the Secretary clinical nurse specialist, or a physician as-
paid after December 31, 2019. may implement such payment methods sistant (as the case may be)’’ after ‘‘physi-
(2) REIMBURSEMENTS.—The amendment through program instruction or otherwise. cian’’ the first 2 times it appears; and
dlhill on DSKBBY8HB2PROD with SENATE
made by subsection (c) shall apply to ex- ‘‘(ii) EXCLUSION FROM FQHC PPS CALCULA- (ii) by striking ‘‘, and, in the case of a cer-
penses incurred after December 31, 2019. TION AND RHC AIR CALCULATION.—Costs associ- tification made by a physician’’ and all that
SEC. 3703. INCREASING MEDICARE TELEHEALTH ated with telehealth services shall not be follows through ‘‘face-to-face encounter’’ and
FLEXIBILITIES DURING EMERGENCY used to determine the amount of payment inserting ‘‘, and, in the case of a certification
PERIOD. for Federally qualified health center services made by a physician after January 1, 2010, or
Section 1135 of the Social Security Act (42 under the prospective payment system under by a nurse practitioner, clinical nurse spe-
U.S.C. 1320b–5) is amended— section 1834(o) or for rural health clinic serv- cialist, or physician assistant (as the case
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2102 CONGRESSIONAL RECORD — SENATE March 25, 2020
may be) after a date specified by the Sec- by section 3708 of the CARES Act the Sec- under title XIX of the Social Security Act in
retary (but in no case later than the date retary shall prescribe regulations which the same manner and to the same extent as
that is 6 months after the date of the enact- shall become effective no later than 6 such requirements apply under title XVIII of
ment of the CARES Act), prior to making months after the enactment of such Act)’’ such Act or regulations promulgated there-
such certification a physician, nurse practi- after ‘‘1981’’; and under.
tioner, clinical nurse specialist, or physician (C) by striking ‘‘a physician who’’ and in- (f) EFFECTIVE DATE.—The Secretary of
assistant must document that a physician, serting ‘‘a physician, nurse practitioner, Health and Human Services shall prescribe
nurse practitioner, clinical nurse specialist, clinical nurse specialist, or physician assist- regulations to apply the amendments made
certified nurse-midwife (as defined in section ant who’’; by this section to items and services fur-
1861(gg)) as authorized by State law, or phy- (4) in the fifth sentence, by inserting ‘‘, nished, which shall become effective no later
sician assistant has had a face-to-face en- nurse practitioner, clinical nurse specialist, than 6 months after the date of the enact-
counter’’; or physician assistant’’ after ‘‘physician’’; ment of this legislation. The Secretary shall
(2) in the third sentence— and promulgate an interim final rule if nec-
(A) by striking ‘‘physician certification’’ (5) in the sixth sentence— essary, to comply with the required effective
and inserting ‘‘certification’’; (A) by inserting ‘‘or no later than 6 months date.
(B) by inserting ‘‘(or in the case of regula- after the date of the enactment of the SEC. 3709. ADJUSTMENT OF SEQUESTRATION.
tions to implement the amendments made CARES Act for purposes of documentation (a) TEMPORARY SUSPENSION OF MEDICARE
by section 3708 of the CARES Act, the Sec- for certification and recertification made SEQUESTRATION.—During the period begin-
retary shall prescribe regulations, which under paragraph (2) by a nurse practitioner, ning on May 1, 2020 and ending on December
shall become effective no later than 6 clinical nurse specialist, or physician assist- 31, 2020, the Medicare programs under title
months after the date of the enactment of ant,’’ after ‘‘January 1, 2019’’; and XVIII of the Social Security Act (42 U.S.C.
such Act)’’ after ‘‘1981’’; and (B) by inserting ‘‘, nurse practitioner, clin- 1395 et seq.) shall be exempt from reduction
(C) by striking ‘‘a physician who’’ and in- ical nurse specialist, or physician assistant’’ under any sequestration order issued before,
serting ‘‘a physician, nurse practitioner, after ‘‘of the physician’’. on, or after the date of enactment of this
clinical nurse specialist, or physician assist- (c) DEFINITION PROVISIONS.— Act.
ant who’’; (1) HOME HEALTH SERVICES.—Section (b) EXTENSION OF DIRECT SPENDING REDUC-
(3) in the fourth sentence, by inserting ‘‘, 1861(m) of the Social Security Act (42 U.S.C. TIONS THROUGH FISCAL YEAR 2030.—Section
nurse practitioner, clinical nurse specialist, 1395x(m)) is amended— 251A(6) of the Balanced Budget and Emer-
or physician assistant’’ after ‘‘physician’’; (A) in the matter preceding paragraph (1)— gency Deficit Control Act of 1985 (2 U.S.C.
and (i) by inserting ‘‘, a nurse practitioner or a 901a(6)) is amended—
(4) in the fifth sentence— clinical nurse specialist (as those terms are (1) in subparagraph (B), in the matter pre-
(A) by inserting ‘‘or no later than 6 months defined in subsection (aa)(5)), or a physician ceding clause (i), by striking ‘‘through 2029’’
after the date of the enactment of the assistant (as defined in subsection (aa)(5))’’ and inserting ‘‘through 2030’’; and
CARES Act for purposes of documentation after ‘‘physician’’ the first place it appears; (2) in subparagraph (C), in the matter pre-
for certification and recertification made and ceding clause (i), by striking ‘‘fiscal year
under paragraph (2) by a nurse practitioner, (ii) by inserting ‘‘, a nurse practitioner, a 2029’’ and inserting ‘‘fiscal year 2030’’.
clinical nurse specialist, or physician assist- clinical nurse specialist, or a physician as-
SEC. 3710. MEDICARE HOSPITAL INPATIENT PRO-
ant,’’ after ‘‘January 1, 2019’’; and sistant’’ after ‘‘physician’’ the second place SPECTIVE PAYMENT SYSTEM ADD-
(B) by inserting ‘‘, nurse practitioner, clin- it appears; and ON PAYMENT FOR COVID–19 PA-
ical nurse specialist, or physician assistant’’ (B) in paragraph (3), by inserting ‘‘, a nurse TIENTS DURING EMERGENCY PE-
after ‘‘of the physician’’. practitioner, a clinical nurse specialist, or a RIOD.
(b) PART B PROVISIONS.—Section 1835(a) of physician assistant’’ after ‘‘physician’’. (a) IN GENERAL.—Section 1886(d)(4)(C) of
the Social Security Act (42 U.S.C. 1395n(a)) is (2) HOME HEALTH AGENCY.—Section the Social Security Act (42 U.S.C.
amended— 1861(o)(2) of the Social Security Act (42 1395ww(d)(4)(C)) is amended by adding at the
(1) in paragraph (2)— U.S.C. 1395x(o)(2)) is amended— end the following new clause:
(A) in the matter preceding subparagraph (A) by inserting ‘‘, nurse practitioners or ‘‘(iv)(I) For discharges occurring during
(A), by inserting ‘‘, a nurse practitioner or clinical nurse specialists (as those terms are the emergency period described in section
clinical nurse specialist (as those terms are defined in subsection (aa)(5)), certified nurse- 1135(g)(1)(B), in the case of a discharge of an
defined in section 1861(aa)(5)) who is working midwives (as defined in subsection (gg)), or individual diagnosed with COVID–19, the
in accordance with State law, or a physician physician assistants (as defined in subsection Secretary shall increase the weighting factor
assistant (as defined in section 1861(aa)(5)) (aa)(5))’’ after ‘‘physicians’’; and that would otherwise apply to the diagnosis-
who is working in accordance with State (B) by inserting ‘‘, nurse practitioner, clin- related group to which the discharge is as-
law, who is’’ after ‘‘in the case of services de- ical nurse specialist, certified nurse-midwife, signed by 20 percent. The Secretary shall
scribed in subparagraph (A), a physician’’; physician assistant,’’ after ‘‘physician’’. identify a discharge of such an individual
and (3) COVERED OSTEOPOROSIS DRUG.—Section through the use of diagnosis codes, condition
(B) in subparagraph (A)— 1861(kk)(1) of the Social Security Act (42 codes, or other such means as may be nec-
(i) in each of clauses (ii) and (iii) of sub- U.S.C. 1395x(kk)(1)) is amended by inserting essary.
paragraph (A) by inserting ‘‘, a nurse practi- ‘‘, nurse practitioner or clinical nurse spe- ‘‘(II) Any adjustment under subclause (I)
tioner, a clinical nurse specialist, or a physi- cialist (as those terms are defined in sub- shall not be taken into account in applying
cian assistant (as the case may be)’’ after section (aa)(5)), certified nurse-midwife (as budget neutrality under clause (iii)
‘‘physician’’; and defined in subsection (gg)), or physician as- ‘‘(III) In the case of a State for which the
(ii) in clause (iv), by striking ‘‘after Janu- sistant (as defined in subsection (aa)(5))’’ Secretary has waived all or part of this sec-
ary 1, 2010’’ and all that follows through after ‘‘attending physician’’. tion under the authority of section 1115A,
‘‘face-to-face encounter’’ and inserting (d) HOME HEALTH PROSPECTIVE PAYMENT nothing in this section shall preclude such
‘‘made by a physician after January 1, 2010, SYSTEM PROVISIONS.—Section 1895 of the So- State from implementing an adjustment
or by a nurse practitioner, clinical nurse spe- cial Security Act (42 U.S.C. 1395fff) is amend- similar to the adjustment under subclause
cialist, or physician assistant (as the case ed— (I).’’.
may be) after a date specified by the Sec- (1) in subsection (c)(1)— (b) IMPLEMENTATION.—Notwithstanding
retary (but in no case later than the date (A) by striking ‘‘(provided under section any other provision of law, the Secretary
that is 6 months after the date of the enact- 1842(r))’’; and may implement the amendment made by
ment of the CARES Act), prior to making (B) by inserting ‘‘the nurse practitioner or subsection (a) by program instruction or oth-
such certification a physician, nurse practi- clinical nurse specialist (as those terms are erwise.
tioner, clinical nurse specialist, or physician defined in section 1861(aa)(5)), or the physi- SEC. 3711. INCREASING ACCESS TO POST-ACUTE
assistant must document that a physician, cian assistant (as defined in section CARE DURING EMERGENCY PERIOD.
nurse practitioner, clinical nurse specialist, 1861(aa)(5))’’ after ‘‘physician’’; and (a) WAIVER OF IRF 3-HOUR RULE.—With re-
certified nurse-midwife (as defined in section (2) in subsection (e)— spect to inpatient rehabilitation services
1861(gg)) as authorized by State law, or phy- (A) in paragraph (1)(A), by inserting ‘‘a furnished by a rehabilitation facility de-
sician assistant has had a face-to-face en- nurse practitioner or clinical nurse spe- scribed in section 1886(j)(1) of the Social Se-
counter’’; cialist, or a physician assistant’’ after ‘‘phy- curity Act (42 U.S.C. 1395ww(j)(1)) during the
(2) in the third sentence, by inserting ‘‘, sician’’; and emergency period described in section
nurse practitioner, clinical nurse specialist, (B) in paragraph (2)— 1135(g)(1)(B) of the Social Security Act (42
dlhill on DSKBBY8HB2PROD with SENATE
or physician assistant (as the case may be)’’ (i) in the heading, by striking ‘‘PHYSICIAN U.S.C. 1320b–5(g)(1)(B)), the Secretary of
after physician; CERTIFICATION’’ and inserting ‘‘RULE OF CON- Health and Human Services shall waive sec-
(3) in the fourth sentence— STRUCTION REGARDING REQUIREMENT FOR CER- tion 412.622(a)(3)(ii) of title 42, Code of Fed-
(A) by striking ‘‘physician certification’’ TIFICATION’’; and eral Regulations (or any successor regula-
and inserting ‘‘certification’’; (ii) by striking ‘‘physician’’. tions), relating to the requirement that pa-
(B) by inserting ‘‘(or in the case of regula- (e) APPLICATION TO MEDICAID.—The amend- tients of an inpatient rehabilitation facility
tions to implement the amendments made ments made under this section shall apply receive at least 15 hours of therapy per week.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2103
(b) WAIVER OF SITE-NEUTRAL PAYMENT (c) MEDICARE ADVANTAGE.—Section ‘‘(C) not a substitute for services that the
RATE PROVISIONS FOR LONG-TERM CARE HOS- 1852(a)(1)(B) of the Social Security Act (42 hospital is obligated to provide through its
PITALS.—With respect to inpatient hospital U.S.C. 1395w–22(a)(1)(B)) is amended— conditions of participation or under Federal
services furnished by a long-term care hos- (1) in clause (iv)— or State law, or under another applicable re-
pital described in section 1886(d)(1)(B)(iv) of (A) by redesignating subclause (VI) as sub- quirement; and
the Social Security Act (42 U.S.C. clause (VII); and ‘‘(D) designed to ensure smooth transitions
1395ww(d)(1)(B)(iv)) during the emergency pe- (B) by inserting after subclause (V) the fol- between acute care settings and home and
riod described in section 1135(g)(1)(B) of the lowing new subclause: community-based settings, and to preserve
Social Security Act (42 U.S.C. 1320b– ‘‘(VI) A COVID-19 vaccine and its adminis- the individual’s functional abilities.’’.
5(g)(1)(B)), the Secretary of Health and tration described in section 1861(s)(10)(A).’’; SEC. 3716. CLARIFICATION REGARDING UNIN-
Human Services shall waive the following and SURED INDIVIDUALS.
provisions of section 1886(m)(6) of such Act (2) in clause (v), by striking ‘‘subclauses Subsection (ss) of section 1902 of the Social
(42 U.S.C. 1395ww(m)(6)): (IV) and (V)’’ inserting ‘‘subclauses (IV), (V), Security Act (42 U.S.C. 1396a), as added by
(1) LTCH 50-PERCENT RULE.—Subparagraph and (VI)’’. section 6004(a)(3)(C) of the Families First
(C)(ii) of such section, relating to the pay- (d) EFFECTIVE DATE.—The amendments Coronavirus Response Act, is amended—
ment adjustment for long-term care hos- made by this section shall take effect on the (1) in paragraph (1), by inserting ‘‘(exclud-
pitals that do not have a discharge payment date of enactment of this Act and shall apply ing subclause (VIII) of such subsection if the
percentage for the period that is at least 50 with respect to a COVID-19 vaccine begin- individual is a resident of a State which does
percent. ning on the date that such vaccine is li- not furnish medical assistance to individuals
(2) SITE-NEUTRAL IPPS PAYMENT RATE.— censed under section 351 of the Public Health described in such subclause)’’ before the
Subparagraph (A)(i) of such section, relating Service Act (42 U.S.C. 262). semicolon; and
to the application of the site-neutral pay- (e) IMPLEMENTATION.—Notwithstanding (2) in paragraph (2), by inserting ‘‘, except
ment rate (and payment shall be made to a any other provision of law, the Secretary that individuals who are eligible for medical
long-term care hospital without regard to may implement the provisions of, and the assistance under subsection
such section) for a discharge if the admission amendments made by, this section by pro- (a)(10)(A)(ii)(XII), subsection
occurs during such emergency period and is gram instruction or otherwise. (a)(10)(A)(ii)(XVIII), subsection
in response to the public health emergency SEC. 3714. REQUIRING MEDICARE PRESCRIPTION (a)(10)(A)(ii)(XXI), or subsection (a)(10)(C)
described in such section 1135(g)(1)(B). DRUG PLANS AND MA–PD PLANS TO (but only to the extent such an individual is
SEC. 3712. REVISING PAYMENT RATES FOR DURA- ALLOW DURING THE COVID-19
considered to not have minimum essential
BLE MEDICAL EQUIPMENT UNDER EMERGENCY PERIOD FOR FILLS
THE MEDICARE PROGRAM AND REFILLS OF COVERED PART D coverage under section 5000A(f)(1) of the In-
THROUGH DURATION OF EMER- DRUGS FOR UP TO A 3-MONTH SUP- ternal Revenue Code of 1986), or who are de-
GENCY PERIOD. PLY. scribed in subsection (l)(1)(A) and are eligible
(a) RURAL AND NONCONTIGUOUS AREAS.— (a) IN GENERAL.—Section 1860D–4(b) of the for medical assistance only because of sub-
The Secretary of Health and Human Services Social Security Act (42 U.S.C. 1395w–104(b)) is section (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX)
shall implement section 414.210(g)(9)(iii) of amended by adding at the end the following and whose eligibility for such assistance is
title 42, Code of Federal Regulations (or any new paragraph: limited by the State under clause (VII) in
successor regulation), to apply the transition ‘‘(4) ENSURING ACCESS DURING COVID-19 PUB- the matter following subsection (a)(10)(G),
rule described in such section to all applica- LIC HEALTH EMERGENCY PERIOD.— shall not be treated as enrolled in a Federal
ble items and services furnished in rural ‘‘(A) IN GENERAL.—During the emergency health care program for purposes of this
areas and noncontiguous areas (as such period described in section 1135(g)(1)(B), sub- paragraph’’ before the period at the end.
terms are defined for purposes of such sec- ject to subparagraph (B), a prescription drug SEC. 3717. CLARIFICATION REGARDING COV-
tion) as planned through December 31, 2020, plan or MA–PD plan shall, notwithstanding ERAGE OF COVID-19 TESTING PROD-
and through the duration of the emergency any cost and utilization management, medi- UCTS.
period described in section 1135(g)(1)(B) of cation therapy management, or other such Subparagraph (B) of section 1905(a)(3) of
the Social Security Act (42 U.S.C. 1320b– programs under this part, permit a part D el- the Social Security Act (42 U.S.C.
5(g)(1)(B)), if longer. igible individual enrolled in such plan to ob- 1396d(a)(3)), as added by section 6004(a)(1)(C)
(b) AREAS OTHER THAN RURAL AND NON- tain in a single fill or refill, at the option of of the Families First Coronavirus Response
CONTIGUOUS AREAS.—With respect to items such individual, the total day supply (not to Act (Public Law 116–127), is amended by
and services furnished on or after the date exceed a 90-day supply) prescribed for such striking ‘‘that are approved, cleared, or au-
that is 30 days after the date of the enact- individual for a covered part D drug. thorized under section 510(k), 513, 515 or 564
ment of this Act, the Secretary of Health ‘‘(B) SAFETY EDIT EXCEPTION.—A prescrip- of the Federal Food, Drug, and Cosmetic
and Human Services shall apply section tion drug plan or MA–PD plan may not per- Act’’.
414.210(g)(9)(iv) of title 42, Code of Federal mit a part D eligible individual to obtain a SEC. 3718. AMENDMENTS RELATING TO REPORT-
Regulations (or any successor regulation), as single fill or refill inconsistent with an ap- ING REQUIREMENTS WITH RESPECT
if the reference to ‘‘dates of service from plicable safety edit.’’. TO CLINICAL DIAGNOSTIC LABORA-
June 1, 2018 through December 31, 2020, based (b) IMPLEMENTATION.—Notwithstanding TORY TESTS.
on the fee schedule amount for the area is any other provision of law, the Secretary of (a) REVISED REPORTING PERIOD FOR RE-
equal to 100 percent of the adjusted payment Health and Human Services may implement PORTING OF PRIVATE SECTOR PAYMENT RATES
amount established under this section’’ were FOR ESTABLISHMENT OF MEDICARE PAYMENT
the amendment made by this section by pro-
instead a reference to ‘‘dates of service from RATES.—Section 1834A(a)(1)(B) of the Social
gram instruction or otherwise.
March 6, 2020, through the remainder of the Security Act (42 U.S.C. 1395m–1(a)(1)(B)) is
SEC. 3715. PROVIDING HOME AND COMMUNITY-
duration of the emergency period described amended—
BASED SERVICES IN ACUTE CARE
in section 1135(g)(1)(B) of the Social Security HOSPITALS. (1) in clause (i), by striking ‘‘December 31,
Act (42 U.S.C. 1320b–5(g)(1)(B)), based on the 2020’’ and inserting ‘‘December 31, 2021’’; and
Section 1902(h) of the Social Security Act
fee schedule amount for the area is equal to (2) in clause (ii)—
(42 U.S.C. 1396a(h)) is amended—
75 percent of the adjusted payment amount (A) by striking ‘‘January 1, 2021’’ and in-
(1) by inserting ‘‘(1)’’ after ‘‘(h)’’;
established under this section and 25 percent
(2) by inserting ‘‘, home and community- serting ‘‘January 1, 2022’’; and
of the unadjusted fee schedule amount’’.
based services provided under subsection (c), (B) by striking ‘‘March 31, 2021’’ and insert-
SEC. 3713. COVERAGE OF THE COVID-19 VACCINE
UNDER PART B OF THE MEDICARE
(d), or (i) of section 1915 or under a waiver or ing ‘‘March 31, 2022’’.
PROGRAM WITHOUT ANY COST- demonstration project under section 1115, (b) REVISED PHASE-IN OF REDUCTIONS FROM
SHARING. self-directed personal assistance services PRIVATE PAYOR RATE IMPLEMENTATION.—Sec-
(a) MEDICAL AND OTHER HEALTH SERV- provided pursuant to a written plan of care tion 1834A(b)(3) of the Social Security Act (42
ICES.—Section 1861(s)(10)(A) of the Social Se- under section 1915(j), and home and commu- U.S.C. 1395m–1(b)(3)) is amended—
curity Act (42 U.S.C. 1395x(s)(10)(A)) is nity-based attendant services and supports (1) in subparagraph (A), by striking
amended by inserting ‘‘, and COVID-19 vac- under section 1915(k)’’ before the period; and ‘‘through 2023’’ and inserting ‘‘through 2024’’;
cine and its administration’’ after ‘‘influenza (3) by adding at the end the following: and
vaccine and its administration’’. ‘‘(2) Nothing in this title, title XVIII, or (2) in subparagraph (B)—
(b) PART B DEDUCTIBLE.—The first sen- title XI shall be construed as prohibiting re- (A) in clause (i), by striking ‘‘and’’ at the
tence of section 1833(b) of the Social Secu- ceipt of any care or services specified in end;
rity Act (42 U.S.C. 1395l(b)) is amended— paragraph (1) in an acute care hospital that (B) by redesignating clause (ii) as clause
dlhill on DSKBBY8HB2PROD with SENATE
(1) in paragraph (10), by striking ‘‘and’’ at are— (iii);
the end; and ‘‘(A) identified in an individual’s person- (C) by inserting after clause (i) the fol-
(2) in paragraph (11), by striking the period centered service plan (or comparable plan of lowing new clause:
at the end and inserting ‘‘, and (12) such de- care); ‘‘(ii) for 2021, 0 percent; and’’; and
ductible shall not apply with respect a ‘‘(B) provided to meet needs of the indi- (D) in clause (iii), as redesignated by sub-
COVID-19 vaccine and its administration de- vidual that are not met through the provi- paragraph (B), by striking ‘‘2021 through
scribed in section 1861(s)(10)(A).’’. sion of hospital services; 2023’’ and inserting ‘‘2022 through 2024’’.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2104 CONGRESSIONAL RECORD — SENATE March 25, 2020
SEC. 3719. EXPANSION OF THE MEDICARE HOS- Subtitle E—Health and Human Services amended by striking clauses (x) through (xii)
PITAL ACCELERATED PAYMENT Extenders and inserting the following new clauses:
PROGRAM DURING THE COVID-19
PART I—MEDICARE PROVISIONS ‘‘(x) for fiscal year 2020, of $5,000,000; and
PUBLIC HEALTH EMERGENCY.
‘‘(xi) for the period beginning on October 1,
SEC. 3801. EXTENSION OF THE WORK GEO-
Section 1815 of the Social Security Act (42 GRAPHIC INDEX FLOOR UNDER THE 2020, and ending on November 30, 2020, the
U.S.C. 1395g) is amended— MEDICARE PROGRAM. amount equal to the pro rata portion of the
(1) in subsection (e)(3), by striking ‘‘In the Section 1848(e)(1)(E) of the Social Security amount appropriated for such period for fis-
case’’ and inserting ‘‘Subject to subsection Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by cal year 2020.’’.
(f), in the case’’; and striking ‘‘May 23, 2020’’ and inserting ‘‘De- (4) ADDITIONAL FUNDING FOR CONTRACT WITH
(2) by adding at the end the following new cember 1, 2020’’. THE NATIONAL CENTER FOR BENEFITS AND OUT-
subsection: REACH ENROLLMENT.—Subsection (d)(2) of
SEC. 3802. EXTENSION OF FUNDING FOR QUALITY
MEASURE ENDORSEMENT, INPUT, such section 119, as so amended, is amended
‘‘(f)(1) During the emergency period de-
AND SELECTION. by striking clauses (x) through (xii) and in-
scribed in section 1135(g)(1)(B), the Secretary serting the following new clauses:
(a) IN GENERAL.—Section 1890(d)(2) of the
shall expand the program under subsection ‘‘(x) for fiscal year 2020, of $12,000,000; and
Social Security Act (42 U.S.C. 1395aaa(d)(2))
(e)(3) pursuant to paragraph (2). ‘‘(xi) for the period beginning on October 1,
is amended—
‘‘(2) In expanding the program under sub- (1) in the first sentence, by striking ‘‘and 2020, and ending on November 30, 2020, the
section (e)(3), the following shall apply: $4,830,000 for the period beginning on October amount equal to the pro rata portion of the
‘‘(A)(i) In addition to the hospitals de- 1, 2019, and ending on May 22, 2020’’ and in- amount appropriated for such period for fis-
scribed in subsection (e)(3), the following serting ‘‘$20,000,000 for fiscal year 2020, and cal year 2020.’’.
hospitals shall be eligible to participate in for the period beginning on October 1, 2020, (b) EFFECTIVE DATE.—The amendments
the program: and ending on November 30, 2020, the amount made by subsection (a) shall take effect as if
‘‘(I) Hospitals described in clause (iii) of equal to the pro rata portion of the amount included in the enactment of the Further
section 1886(d)(1)(B). appropriated for such period for fiscal year Consolidated Appropriations Act, 2020 (Pub-
‘‘(II) Hospitals described in clause (v) of 2020’’; and lic Law 116–94).
such section. (2) in the third sentence, by striking ‘‘and PART II—MEDICAID PROVISIONS
‘‘(III) Critical access hospitals (as defined 2019 and for the period beginning on October SEC. 3811. EXTENSION OF THE MONEY FOLLOWS
in section 1861(mm)(1)). 1, 2019, and ending on May 22, 2020’’ and in- THE PERSON REBALANCING DEM-
‘‘(ii) Subject to appropriate safeguards serting ‘‘, 2019, and 2020, and for the period ONSTRATION PROGRAM.
against fraud, waste, and abuse, upon a re- beginning on October 1, 2020, and ending on Section 6071(h) of the Deficit Reduction
quest of a hospital described in clause (i), the November 30, 2020,’’. Act of 2005 (42 U.S.C. 1396a note) is amend-
Secretary shall provide accelerated pay- (b) EFFECTIVE DATE.—The amendments ed—
ments under the program to such hospital. made by subsection (a) shall take effect as if (1) in paragraph (1), by striking subpara-
‘‘(B) Upon the request of the hospital, the included in the enactment of the Further graph (G) and inserting the following:
Secretary may do any of the following: Consolidated Appropriations Act, 2020 (Pub- ‘‘(G) subject to paragraph (3), $337,500,000
‘‘(i) Make accelerated payments on a peri- lic Law 116–94). for the period beginning on January 1, 2020,
odic or lump sum basis. SEC. 3803. EXTENSION OF FUNDING OUTREACH and ending on September 30, 2020; and
‘‘(ii) Increase the amount of payment that AND ASSISTANCE FOR LOW-INCOME ‘‘(H) subject to paragraph (3), for the pe-
would otherwise be made to hospitals under PROGRAMS. riod beginning on October 1, 2020, and ending
the program up to 100 percent (or, in the case (a) FUNDING EXTENSIONS.— on November 30, 2020, the amount equal to
of critical access hospitals, up to 125 per- (1) ADDITIONAL FUNDING FOR STATE HEALTH the pro rata portion of the amount appro-
cent). INSURANCE PROGRAMS.—Subsection (a)(1)(B) priated for such period for fiscal year 2020.’’;
‘‘(iii) Extend the period that accelerated of section 119 of the Medicare Improvements and
payments cover so that it covers up to a 6- for Patients and Providers Act of 2008 (42 (2) in paragraph (3), by striking ‘‘and (G)’’
month period. U.S.C. 1395b–3 note), as amended by section and inserting ‘‘, (G), and (H)’’.
‘‘(C) Upon the request of the hospital, the 3306 of the Patient Protection and Affordable SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISH-
Secretary shall do the following: Care Act (Public Law 111–148), section 610 of MENT PROTECTIONS.
‘‘(i) Provide up to 120 days before claims the American Taxpayer Relief Act of 2012 (a) IN GENERAL.—Section 2404 of Public
are offset to recoup the accelerated pay- (Public Law 112–240), section 1110 of the Law 111–148 (42 U.S.C. 1396r–5 note) is amend-
ment. Pathway for SGR Reform Act of 2013 (Public ed by striking ‘‘May 22, 2020’’ and inserting
‘‘(ii) Allow not less than 12 months from Law 113–67), section 110 of the Protecting Ac- ‘‘November 30, 2020’’.
the date of the first accelerated payment be- cess to Medicare Act of 2014 (Public Law 113– (b) RULE OF CONSTRUCTION.—Nothing in
fore requiring that the outstanding balance 93), section 208 of the Medicare Access and section 2404 of Public Law 111–148 (42 U.S.C.
be paid in full. CHIP Reauthorization Act of 2015 (Public 1396r–5 note) or section 1902(a)(17) or 1924 of
Law 114–10), section 50207 of division E of the the Social Security Act (42 U.S.C.
‘‘(3) Nothing in this subsection shall pre-
Bipartisan Budget Act of 2018 (Public Law 1396a(a)(17), 1396r–5) shall be construed as
clude the Secretary from carrying out the 115–123), section 1402 of division B of the Con- prohibiting a State from—
provisions described in clauses (i), (ii), and tinuing Appropriations Act, 2020, and Health (1) applying an income or resource dis-
(iii) of paragraph (2)(B) and clauses (i) and Extenders Act of 2019 (Public Law 116–59), regard under a methodology authorized
(ii) of paragraph (2)(C) under the program section 1402 of division B of the Further Con- under section 1902(r)(2) of such Act (42 U.S.C.
under subsection (e)(3) after the period for tinuing Appropriations Act, 2020, and Fur- 1396a(r)(2))—
which this subsection applies. ther Health Extenders Act of 2019 (Public (A) to the income or resources of an indi-
Law 116–69), and section 103 of division N of vidual described in section
‘‘(4) Notwithstanding any other provision
the Further Consolidated Appropriations 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C.
of law, the Secretary may implement the Act, 2020 (Public Law 116–94) is amended by 1396a(a)(10)(A)(ii)(VI)) (including a disregard
provisions of this subsection by program in- striking clauses (x) through (xii) and insert- of the income or resources of such individ-
struction or otherwise.’’. ing the following new clauses: ual’s spouse); or
SEC. 3720. DELAYING REQUIREMENTS FOR EN- ‘‘(x) for fiscal year 2020, of $13,000,000; and (B) on the basis of an individual’s need for
HANCED FMAP TO ENABLE STATE ‘‘(xi) for the period beginning on October 1, home and community-based services author-
LEGISLATION NECESSARY FOR COM- 2020, and ending on November 30, 2020, the ized under subsection (c), (d), (i), or (k) of
PLIANCE. amount equal to the pro rata portion of the section 1915 of such Act (42 U.S.C. 1396n) or
amount appropriated for such period for fis- under section 1115 of such Act (42 U.S.C.
Section 6008 of the Families First
cal year 2020.’’. 1315); or
Coronavirus Response Act is amended by
(2) ADDITIONAL FUNDING FOR AREA AGENCIES (2) disregarding an individual’s spousal in-
adding at the end the following new sub- ON AGING.—Subsection (b)(1)(B) of such sec- come and assets under a plan amendment to
section: tion 119, as so amended, is amended by strik- provide medical assistance for home and
‘‘(d) DELAY IN APPLICATION OF PREMIUM RE- ing clauses (x) through (xii) and inserting community-based services for individuals by
QUIREMENT.—During the 30 day period begin- the following new clauses: reason of being determined eligible under
ning on the date of enactment of this Act, a ‘‘(x) for fiscal year 2020, of $7,500,000; and section 1902(a)(10)(C) of such Act (42 U.S.C.
‘‘(xi) for the period beginning on October 1, 1396a(a)(10)(C)) or by reason of section 1902(f)
State shall not be ineligible for the increase
dlhill on DSKBBY8HB2PROD with SENATE
2020, and ending on November 30, 2020, the of such Act (42 U.S.C. 1396a(f)) or otherwise
to the Federal medical assistance percentage
amount equal to the pro rata portion of the on the basis of a reduction of income based
of the State described in subsection (a) on amount appropriated for such period for fis- on costs incurred for medical or other reme-
the basis that the State imposes a premium cal year 2020.’’. dial care under which the State disregarded
that violates the requirement of subsection (3) ADDITIONAL FUNDING FOR AGING AND DIS- the income and assets of the individual’s
(b)(2) if such premium was in effect on the ABILITY RESOURCE CENTERS.—Subsection spouse in determining the initial and ongo-
date of enactment of this Act.’’. (c)(1)(B) of such section 119, as so amended, is ing financial eligibility of an individual for
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2105
such services in place of the spousal impov- age applicable under subparagraph (B) to (ii) by striking ‘‘fiscal year 2020’’ and in-
erishment provisions applied under section amounts expended by a State participating serting ‘‘fiscal year 2021’’
1924 of such Act (42 U.S.C. 1396r–5). in the demonstration program under this (B) in paragraph (2)(A)—
SEC. 3813. DELAY OF DSH REDUCTIONS. subsection shall— (i) by striking ‘‘and 2019 and for the period
Section 1923(f)(7)(A) of the Social Security ‘‘(I) in the case of a State participating in beginning October 1, 2019, and ending May 22,
Act (42 U.S.C. 1396r–4(f)(7)(A)) is amended— the demonstration program as of January 1, 2020’’ and inserting ‘‘through 2020 and for the
(1) in clause (i), in the matter preceding 2020, apply to amounts expended by the State period beginning October 1, 2020, and ending
subclause (I), by striking ‘‘May 23, 2020, and during the 8 fiscal quarter period (or any November 30, 2020’’; and
ending September 30, 2020, and for each of fis- portion of such period) that begins on Janu- (ii) by striking ‘‘fiscal year 2020’’ and in-
cal years 2021’’ and inserting ‘‘December 1, ary 1, 2020; and serting ‘‘fiscal year 2021’’; and
2020, and ending September 30, 2021, and for ‘‘(II) in the case of a State selected to par- (2) in subsection (f)(1), by striking ‘‘and
each of fiscal years 2022’’; and ticipate in the demonstration program under 2019 and $48,287,671 for the period beginning
(2) in clause (ii)— paragraph (8), during first 8 fiscal quarter pe- October 1, 2019, and ending May 22, 2020’’ and
(A) in subclause (I), by striking ‘‘May 23, riod (or any portion of such period) that the inserting ‘‘through 2020, and for the period
2020, and ending September 30, 2020’’ and in- State participates in a demonstration pro- beginning on October 1, 2020, and ending on
serting ‘‘December 1, 2020, and ending Sep- gram.’’. November 30, 2020, the amount equal to the
tember 30, 2021’’; and (c) GAO STUDY AND REPORT ON THE COMMU- pro rata portion of the amount appropriated
(B) in subclause (II), by striking ‘‘2021’’ and NITY AND MENTAL HEALTH SERVICES DEM- for such period for fiscal year 2020’’.
inserting ‘‘2022’’. ONSTRATION PROGRAM.— SEC. 3822. EXTENSION OF PERSONAL RESPONSI-
SEC. 3814. EXTENSION AND EXPANSION OF COM- (1) IN GENERAL.—Not later than 18 months BILITY EDUCATION PROGRAM.
MUNITY MENTAL HEALTH SERVICES after the date of the enactment of this Act, Section 513 of the Social Security Act (42
DEMONSTRATION PROGRAM. the Comptroller General of the United States U.S.C. 713) is amended—
(a) IN GENERAL.—Section 223(d) of the Pro- shall submit to the Committee on Energy (1) in subsection (a)—
tecting Access to Medicare Act of 2014 (42 and Commerce of the House of Representa- (A) in paragraph (1)—
U.S.C. 1396a note) is amended— tives and the Committee on Finance of the (i) in subparagraph (A), in the matter pre-
(1) in paragraph (3)— Senate a report on the community and men- ceding clause (i), by striking ‘‘2019 and for
(A) by striking ‘‘Not more than’’ and in- tal health services demonstration program the period beginning October 1, 2019, and end-
serting ‘‘Subject to paragraph (8), not more conducted under section 223 of the Pro- ing May 22, 2020’’ and inserting ‘‘2020 and for
than’’; and tecting Access to Medicare Act of 2014 (42 the period beginning October 1, 2020, and end-
(B) by striking ‘‘May 22, 2020’’ and insert- U.S.C. 1396a note) (referred to in this sub- ing November 30, 2020’’; and
ing ‘‘November 30, 2020’’; and section as the ‘‘demonstration program’’). (ii) in subparagraph (B)(i), by striking by
(2) by adding at the end the following new (2) CONTENT OF REPORT.—The report re- striking ‘‘October 1, 2019, and ending May 22,
paragraph: quired under paragraph (1) shall include the 2020’’ and inserting ‘‘October 1, 2020, and end-
‘‘(8) ADDITIONAL PROGRAMS.— following information: ing November 30, 2020’’;
‘‘(A) IN GENERAL.—Not later than 6 months (A) Information on States’ experiences par- (2) in paragraph (4)(A), by striking ‘‘2019’’
after the date of enactment of this para- ticipating in the demonstration program, in- each place it appears and inserting ‘‘2020’’;
graph, in addition to the 8 States selected cluding the extent to which States— and
under paragraph (1), the Secretary shall se- (i) measure the effects of access to cer- (3) in subsection (f), by striking ‘‘2019 and
lect 2 States to participate in 2-year dem- tified community behavioral health clinics $48,287,671 for the period beginning October 1,
onstration programs that meet the require- on patient health and cost of care, includ- 2019, and ending May 22, 2020’’ and inserting
ments of this subsection. ing— ‘‘2020, and for the period beginning on Octo-
‘‘(B) SELECTION OF STATES.— (I) engagement in treatment for behavioral ber 1, 2020, and ending on November 30, 2020,
‘‘(i) IN GENERAL.—Subject to clause (ii), in health conditions; the amount equal to the pro rata portion of
selecting States under this paragraph, the (II) relevant clinical outcomes, to the ex- the amount appropriated for such period for
Secretary— tent collected; fiscal year 2020’’.
‘‘(I) shall select States that— (III) screening and treatment for comorbid SEC. 3823. EXTENSION OF DEMONSTRATION
‘‘(aa) were awarded planning grants under medical conditions; and PROJECTS TO ADDRESS HEALTH
subsection (c); and (IV) use of crisis stabilization, emergency PROFESSIONS WORKFORCE NEEDS.
‘‘(bb) applied to participate in the dem- department, and inpatient care. Activities authorized by section 2008 of the
onstration programs under this subsection (B) Information on Federal efforts to Social Security Act shall continue through
under paragraph (1) but, as of the date of en- evaluate the demonstration program, includ- November 30, 2020, in the manner authorized
actment of this paragraph, were not selected ing— for fiscal year 2019, and out of any money in
to participate under paragraph (1); and (i) quality measures used to evaluate the the Treasury of the United States not other-
‘‘(II) shall use the results of the Sec- program; wise appropriated, there are hereby appro-
retary’s evaluation of each State’s applica- (ii) assistance provided to States on data priated such sums as may be necessary for
tion under paragraph (1) to determine which collection and reporting; such purpose. Grants and payments may be
States to select, and shall not require the (iii) assessments of the reliability and use- made pursuant to this authority through the
submission of any additional application. fulness of State-submitted data; and date so specified at the pro rata portion of
‘‘(C) REQUIREMENTS FOR SELECTED (iv) the extent to which such efforts pro- the total amount authorized for such activi-
STATES.—Prior to services being delivered vide information on the relative quality, ties in fiscal year 2019.
under the demonstration authority in a scope, and cost of services as compared with SEC. 3824. EXTENSION OF THE TEMPORARY AS-
State selected under this paragraph, the services not provided under the demonstra- SISTANCE FOR NEEDY FAMILIES
tion program, and in comparison to Medicaid PROGRAM AND RELATED PRO-
State shall—
beneficiaries with mental illness and sub- GRAMS.
‘‘(i) submit a plan to monitor certified
stance use disorders not served under the Activities authorized by part A of title IV
community behavioral health clinics under
demonstration program. and section 1108(b) of the Social Security Act
the demonstration program to ensure com-
(C) Recommendations for improvements to shall continue through November 30, 2020, in
pliance with certified community behavioral
the following: the manner authorized for fiscal year 2019,
health criteria during the demonstration pe- and out of any money in the Treasury of the
riod; and (i) The reporting, accuracy, and validation
of encounter data. United States not otherwise appropriated,
‘‘(ii) commit to collecting data, notifying there are hereby appropriated such sums as
the Secretary of any planned changes that (ii) Accuracy in payments to certified com-
munity behavioral health clinics under State may be necessary for such purpose.
would deviate from the prospective payment
plans or waivers under title XIX of the So- PART IV—PUBLIC HEALTH PROVISIONS
system methodology outlined in the State’s
demonstration application, and obtaining cial Security Act (42 U.S.C. 1396 et seq.). SEC. 3831. EXTENSION FOR COMMUNITY HEALTH
PART III—HUMAN SERVICES AND OTHER CENTERS, THE NATIONAL HEALTH
approval from the Secretary for any such SERVICE CORPS, AND TEACHING
change before implementing the change.’’. HEALTH PROGRAMS
HEALTH CENTERS THAT OPERATE
(b) LIMITATION.—Section 223(d)(5) of the SEC. 3821. EXTENSION OF SEXUAL RISK AVOID- GME PROGRAMS.
Protecting Access to Medicare Act of 2014 (42 ANCE EDUCATION PROGRAM. (a) COMMUNITY HEALTH CENTERS.—Section
U.S.C. 1396a note) is amended— Section 510 of the Social Security Act (42 10503(b)(1)(F) of the Patient Protection and
(1) in subparagraph (B), in the matter pre- U.S.C. 710) is amended— Affordable Care Act (42 U.S.C. 254b–2(b)(1)(F))
ceding clause (i), by striking ‘‘The Federal (1) in subsection (a)— is amended by striking ‘‘and $2,575,342,466 for
dlhill on DSKBBY8HB2PROD with SENATE
matching’’ and inserting ‘‘Subject to sub- (A) in paragraph (1), in the matter pre- the period beginning on October 1, 2019, and
paragraph (C)(iii), the Federal matching’’; ceding subparagraph (A)— ending on May 22, 2020’’ and inserting
and (i) by striking ‘‘and 2019 and for the period ‘‘$4,000,000,000 for fiscal year 2020, and
(2) in subparagraph (C), by adding at the beginning October 1, 2019, and ending May 22, $668,493,151 for the period beginning on Octo-
end the following new clause: 2020’’ and inserting ‘‘through 2020 and for the ber 1, 2020, and ending on November 30, 2020’’.
‘‘(iii) PAYMENTS FOR AMOUNTS EXPENDED period beginning October 1, 2020, and ending (b) NATIONAL HEALTH SERVICE CORPS.—Sec-
AFTER 2019.—The Federal matching percent- November 30, 2020’’; and tion 10503(b)(2) of the Patient Protection and
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2106 CONGRESSIONAL RECORD — SENATE March 25, 2020
Affordable Care Act (42 U.S.C. 254b–2(b)(2)) is prescription drugs marketed without an ap- such tentative final monograph and in any
amended— proved drug application under section 505, as final rule establishing requirements that are
(1) in subparagraph (F), by striking ‘‘and’’ of the date of the enactment of this section, applicable to the drug; and
at the end; and shall be treated in accordance with this sub- ‘‘(III) the general requirements for non-
(2) by striking subparagraph (G) and in- section. prescription drugs and conditions or require-
serting the following: ‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; ments under subsection (b) or (k); and
‘‘(G) $310,000,000 for fiscal year 2020; and CATEGORY I DRUGS SUBJECT TO A TENTATIVE ‘‘(iii) in a dosage form that, immediately
‘‘(H) $51,808,219 for the period beginning on FINAL MONOGRAPH.—A drug is deemed to be prior to the date of the enactment of this
October 1, 2020, and ending on November 30, generally recognized as safe and effective section, had been used to a material extent
2020.’’. under section 201(p)(1), not a new drug under and for a material time under section
(c) TEACHING HEALTH CENTERS THAT OPER- section 201(p), and not subject to section 201(p)(2); or
ATE GRADUATE MEDICAL EDUCATION PRO- 503(b)(1), if— ‘‘(B) the drug is—
GRAMS.—Section 340H(g)(1) of the Public ‘‘(A) the drug is— ‘‘(i) classified in category I for safety and
Health Service Act (42 U.S.C. 256h(g)(1)) is ‘‘(i) in conformity with the requirements effectiveness under a proposed monograph or
amended by striking ‘‘and 2019, and for nonprescription use of a final monograph advance notice of proposed rulemaking that
$81,445,205 for the period beginning on Octo- issued under part 330 of title 21, Code of Fed- is the most recently applicable proposal or
ber 1, 2019, and ending on May 22, 2020’’ and eral Regulations (except as provided in para-
determination for such drug issued under
inserting ‘‘through fiscal year 2020, and graph (2)), the general requirements for non-
part 330 of title 21, Code of Federal Regula-
$21,141,096 for the period beginning on Octo- prescription drugs, and conditions or re-
tions;
ber 1, 2020, and ending on November 30, 2020’’. quirements under subsections (b), (c), and
(d) APPLICATION OF PROVISIONS.—Amounts ‘‘(ii) in conformity with the requirements
(k); and
appropriated pursuant to the amendments for nonprescription use of such proposed
‘‘(ii) except as permitted by an order issued
made by this section for fiscal year 2020 and under subsection (b) or, in the case of a monograph or advance notice of proposed
for the period beginning on October 1, 2020, minor change in the drug, in conformity rulemaking, any applicable subsequent de-
and ending on November 30, 2020, shall be with an order issued under subsection (c), in termination by the Secretary, the general
subject to the requirements contained in a dosage form that, immediately prior to the requirements for nonprescription drugs, and
Public Law 116–94 for funds for programs au- date of the enactment of this section, has conditions or requirements under subsection
thorized under sections 330 through 340 of the been used to a material extent and for a ma- (b) or (k); and
Public Health Service Act (42 U.S.C. 254 terial time under section 201(p)(2); or ‘‘(iii) in a dosage form that, immediately
through 256). ‘‘(B) the drug is— prior to the date of the enactment of this
(e) CONFORMING AMENDMENT.—Paragraph ‘‘(i) classified in category I for safety and section, has been used to a material extent
(4) of section 3014(h) of title 18, United States effectiveness under a tentative final mono- and for a material time under section
Code, as amended by section 401(e) of divi- graph that is the most recently applicable 201(p)(2).
sion N of Public Law 116–94, is amended by proposal or determination issued under part ‘‘(4) CATEGORY II DRUGS DEEMED NEW
striking ‘‘section 401(d) of division N of the 330 of title 21, Code of Federal Regulations; DRUGS.—A drug that is classified in category
Further Consolidated Appropriations Act, ‘‘(ii) in conformity with the proposed re- II for safety or effectiveness under a ten-
2020’’ and inserting ‘‘section 3831 of the quirements for nonprescription use of such tative final monograph or that is subject to
CARES Act’’. tentative final monograph, any applicable a determination to be not generally recog-
SEC. 3832. DIABETES PROGRAMS. subsequent determination by the Secretary, nized as safe and effective in a proposed rule
(a) TYPE I.—Section 330B(b)(2)(D) of the the general requirements for nonprescription that is the most recently applicable proposal
Public Health Service Act (42 U.S.C. 254c– drugs, and conditions or requirements under issued under part 330 of title 21, Code of Fed-
2(b)(2)(D)) is amended by striking ‘‘and 2019, subsections (b), (c), and (k); and eral Regulations, shall be deemed to be a
and $96,575,342 for the period beginning on ‘‘(iii) except as permitted by an order new drug under section 201(p), misbranded
October 1, 2019, and ending on May 22, 2020’’ issued under subsection (b) or, in the case of under section 502(ee), and subject to the re-
and inserting ‘‘through 2020, and $25,068,493 a minor change in the drug, in conformity quirement for an approved new drug applica-
for the period beginning on October 1, 2020, with an order issued under subsection (c), in tion under section 505 beginning on the day
and ending on November 30, 2020’’. a dosage form that, immediately prior to the that is 180 calendar days after the date of the
(b) INDIANS.—Section 330C(c)(2)(D) of the date of the enactment of this section, has enactment of this section, unless, before
Public Health Service Act (42 U.S.C. 254c– been used to a material extent and for a ma- such day, the Secretary determines that it is
3(c)(2)(D)) is amended by striking ‘‘and 2019, terial time under section 201(p)(2). in the interest of public health to extend the
and $96,575,342 for the period beginning on ‘‘(2) TREATMENT OF SUNSCREEN DRUGS.— period during which the drug may be mar-
October 1, 2019, and ending on May 22, 2020’’ With respect to sunscreen drugs subject to keted without such an approved new drug ap-
and inserting ‘‘through 2020, and $25,068,493 this section, the applicable requirements in plication.
for the period beginning on October 1, 2020, terms of conformity with a final monograph, ‘‘(5) DRUGS NOT GRASE DEEMED NEW
and ending on November 30, 2020’’. for purposes of paragraph (1)(A)(i), shall be DRUGS.—A drug that the Secretary has deter-
PART V—MISCELLANEOUS PROVISIONS the requirements specified in part 352 of title mined not to be generally recognized as safe
SEC. 3841. PREVENTION OF DUPLICATE APPRO- 21, Code of Federal Regulations, as published and effective under section 201(p)(1) under a
PRIATIONS FOR FISCAL YEAR 2020. on May 21, 1999, beginning on page 27687 of
final determination issued under part 330 of
Expenditures made under any provision of volume 64 of the Federal Register, except
title 21, Code of Federal Regulations, shall be
law amended in this title pursuant to the that the applicable requirements governing
deemed to be a new drug under section 201(p),
amendments made by the Continuing Appro- effectiveness and labeling shall be those
misbranded under section 502(ee), and subject
priations Act, 2020, and Health Extenders Act specified in section 201.327 of title 21, Code of
to the requirement for an approved new drug
of 2019 (Public Law 116–59), the Further Con- Federal Regulations.
application under section 505.
tinuing Appropriations Act, 2020, and Fur- ‘‘(3) CATEGORY III DRUGS SUBJECT TO A TEN-
‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.—Ex-
ther Health Extenders Act of 2019 (Public TATIVE FINAL MONOGRAPH; CATEGORY I DRUGS
cept as provided in subsection (m), a drug is
Law 116-69), and the Further Consolidated SUBJECT TO PROPOSED MONOGRAPH OR AD-
deemed to be a new drug under section 201(p)
Appropriations Act, 2020 (Public Law 116–94) VANCE NOTICE OF PROPOSED RULEMAKING.—A
and misbranded under section 502(ee) if the
for fiscal year 2020 shall be charged to the drug that is not described in paragraph (1),
(2), or (4) is not required to be the subject of drug—
applicable appropriation or authorization ‘‘(A) is not subject to section 503(b)(1); and
provided by the amendments made by this an application approved under section 505,
and is not subject to section 503(b)(1), if— ‘‘(B) is not described in paragraph (1), (2),
title to such provision of law for such fiscal (3), (4), or (5), or subsection (b)(1)(B).
year. ‘‘(A) the drug is—
Subtitle F—Over-the-Counter Drugs ‘‘(i) classified in category III for safety or ‘‘(b) ADMINISTRATIVE ORDERS.—
effectiveness in the preamble of a proposed ‘‘(1) IN GENERAL.—
PART I—OTC DRUG REVIEW
rule establishing a tentative final mono- ‘‘(A) DETERMINATION.—The Secretary may,
SEC. 3851.
REGULATION OF CERTAIN NON- graph that is the most recently applicable on the initiative of the Secretary or at the
PRESCRIPTION DRUGS THAT ARE
MARKETED WITHOUT AN APPROVED
proposal or determination for such drug request of one or more requestors, issue an
DRUG APPLICATION. issued under part 330 of title 21, Code of Fed- administrative order determining whether
(a) IN GENERAL.—Chapter V of the Federal eral Regulations; there are conditions under which a specific
Food, Drug, and Cosmetic Act is amended by ‘‘(ii) in conformity with— drug, a class of drugs, or a combination of
inserting after section 505F of such Act (21 ‘‘(I) the conditions of use, including indica- drugs, is determined to be—
dlhill on DSKBBY8HB2PROD with SENATE
U.S.C. 355g) the following: tion and dosage strength, if any, described ‘‘(i) not subject to section 503(b)(1); and
‘‘SEC. 505G.
REGULATION OF CERTAIN NON- for such category III drug in such preamble ‘‘(ii) generally recognized as safe and effec-
PRESCRIPTION DRUGS THAT ARE or in an applicable subsequent proposed rule; tive under section 201(p)(1).
MARKETED WITHOUT AN APPROVED ‘‘(II) the proposed requirements for drugs ‘‘(B) EFFECT.—A drug or combination of
DRUG APPLICATION. classified in such tentative final monograph drugs shall be deemed to not require ap-
‘‘(a) NONPRESCRIPTION DRUGS MARKETED in category I in the most recently proposed proval under section 505 if such drug or com-
WITHOUT AN APPROVED APPLICATION.—Non- rule establishing requirements related to bination of drugs—
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2107
‘‘(i) is determined by the Secretary to meet order, except when the Secretary deter- presented by other parties. Where appro-
the conditions specified in clauses (i) and (ii) mines, for good cause, that a shorter period priate, the presiding officer may require that
of subparagraph (A); is in the interest of public health; and cross-examination by parties representing
‘‘(ii) is marketed in conformity with an ad- ‘‘(iii) any person who submits data in such substantially the same interests be consoli-
ministrative order under this subsection; comment period shall include a certification dated to promote efficiency and avoid dupli-
‘‘(iii) meets the general requirements for that the person has submitted all evidence cation.
nonprescription drugs; and created, obtained, or received by that person ‘‘(v) FINAL DECISION.—
‘‘(iv) meets the requirements under sub- that is both within the categories of data ‘‘(I) At the conclusion of a hearing re-
sections (c) and (k). identified in the proposed order and relevant quested under subparagraph (A), the pre-
‘‘(C) STANDARD.—The Secretary shall find to a determination as to whether the drug is siding officer of the hearing shall issue a de-
that a drug is not generally recognized as generally recognized as safe and effective cision containing findings of fact and conclu-
safe and effective under section 201(p)(1) if— under section 201(p)(1). sions of law. The decision of the presiding of-
‘‘(i) the evidence shows that the drug is not ‘‘(3) HEARINGS; JUDICIAL REVIEW.— ficer shall be final.
generally recognized as safe and effective ‘‘(A) IN GENERAL.—Only a person who par- ‘‘(II) The final decision may not take effect
under section 201(p)(1); or ticipated in each stage of formal dispute res- until the period under subparagraph (D)(ii)
‘‘(ii) the evidence is inadequate to show olution under subclause (III) of paragraph for submitting a request for judicial review
that the drug is generally recognized as safe (2)(A)(iv) of an administrative order with re- of such decision expires.
and effective under section 201(p)(1). spect to a drug may request a hearing con- ‘‘(D) JUDICIAL REVIEW OF FINAL ADMINISTRA-
‘‘(2) ADMINISTRATIVE ORDERS INITIATED BY cerning a final administrative order issued TIVE ORDER.—
THE SECRETARY.— under such paragraph with respect to such ‘‘(i) IN GENERAL.—The procedures described
‘‘(A) IN GENERAL.—In issuing an adminis- drug. If a hearing is sought, such person in section 505(h) shall apply with respect to
trative order under paragraph (1) upon the must submit a request for a hearing, which judicial review of final administrative orders
Secretary’s initiative, the Secretary shall— shall be based solely on information in the issued under this subsection in the same
‘‘(i) make reasonable efforts to notify in- administrative record, to the Secretary not manner and to the same extent as such sec-
formally, not later than 2 business days be- later than 30 calendar days after receiving tion applies to an order described in such
fore the issuance of the proposed order, the notice of the final decision of the formal dis- section except that the judicial review shall
sponsors of drugs who have a listing in effect pute resolution procedure. be taken by filing in an appropriate district
under section 510(j) for the drugs or combina- ‘‘(B) NO HEARING REQUIRED WITH RESPECT TO court of the United States in lieu of the ap-
tion of drugs that will be subject to the ad- ORDERS RELATING TO CERTAIN DRUGS.— pellate courts specified in such section.
ministrative order; ‘‘(i) IN GENERAL.—The Secretary shall not ‘‘(ii) PERIOD TO SUBMIT A REQUEST FOR JUDI-
‘‘(ii) after any such reasonable efforts of be required to provide notice and an oppor- CIAL REVIEW.—A person eligible to request a
notification— tunity for a hearing pursuant to paragraph hearing under this paragraph and seeking ju-
‘‘(I) issue a proposed administrative order (2)(A)(iv) if the final administrative order in- dicial review of a final administrative order
by publishing it on the website of the Food volved relates to a drug— issued under this subsection shall file such
and Drug Administration and include in such ‘‘(I) that is described in subsection request for judicial review not later than 60
order the reasons for the issuance of such (a)(3)(A); and calendar days after the latest of—
order; and ‘‘(II) with respect to which no human or ‘‘(I) the date on which notice of such order
‘‘(II) publish a notice of availability of non-human data studies relevant to the safe- is published;
such proposed order in the Federal Register; ty or effectiveness of such drug have been ‘‘(II) the date on which a hearing with re-
‘‘(iii) except as provided in subparagraph submitted to the administrative record since spect to such order is denied under subpara-
(B), provide for a public comment period the issuance of the most recent tentative graph (B) or (C)(i);
with respect to such proposed order of not final monograph relating to such drug. ‘‘(III) the date on which a final decision is
less than 45 calendar days; and ‘‘(ii) HUMAN DATA STUDIES AND NON-HUMAN made following a hearing under subpara-
‘‘(iv) if, after completion of the pro- DATA DEFINED.—In this subparagraph: graph (C)(v); or
ceedings specified in clauses (i) through (iii), ‘‘(I) The term ‘human data studies’ means ‘‘(IV) if no hearing is requested, the date
the Secretary determines that it is appro- clinical trials of safety or effectiveness (in- on which the time for requesting a hearing
priate to issue a final administrative order— cluding actual use studies), pharmaco- expires.
‘‘(I) issue the final administrative order, kinetics studies, or bioavailability studies. ‘‘(4) EXPEDITED PROCEDURE WITH RESPECT
together with a detailed statement of rea- ‘‘(II) The term ‘non-human data’ means TO ADMINISTRATIVE ORDERS INITIATED BY THE
sons, which order shall not take effect until data from testing other than with human SECRETARY.—
the time for requesting judicial review under subjects which provides information con- ‘‘(A) IMMINENT HAZARD TO THE PUBLIC
paragraph (3)(D)(ii) has expired; cerning safety or effectiveness. HEALTH.—
‘‘(II) publish a notice of such final adminis- ‘‘(C) HEARING PROCEDURES.— ‘‘(i) IN GENERAL.—In the case of a deter-
trative order in the Federal Register; ‘‘(i) DENIAL OF REQUEST FOR HEARING.—If mination by the Secretary that a drug, class
‘‘(III) afford requestors of drugs that will the Secretary determines that information of drugs, or combination of drugs subject to
be subject to such order the opportunity for submitted in a request for a hearing under this section poses an imminent hazard to the
formal dispute resolution up to the level of subparagraph (A) with respect to a final ad- public health, the Secretary, after first mak-
the Director of the Center for Drug Evalua- ministrative order issued under paragraph ing reasonable efforts to notify, not later
tion and Research, which initially must be (2)(A)(iv) does not identify the existence of a than 48 hours before issuance of such order
requested within 45 calendar days of the genuine and substantial question of material under this subparagraph, sponsors who have
issuance of the order, and, for subsequent fact, the Secretary may deny such request. a listing in effect under section 510(j) for
levels of appeal, within 30 calendar days of In making such a determination, the Sec- such drug or combination of drugs—
the prior decision; and retary may consider only information and ‘‘(I) may issue an interim final administra-
‘‘(IV) except with respect to drugs de- data that are based on relevant and reliable tive order for such drug, class of drugs, or
scribed in paragraph (3)(B), upon completion scientific principles and methodologies. combination of drugs under paragraph (1),
of the formal dispute resolution procedure, ‘‘(ii) SINGLE HEARING FOR MULTIPLE RE- together with a detailed statement of the
inform the persons which sought such dis- LATED REQUESTS.—If more than one request reasons for such order;
pute resolution of their right to request a for a hearing is submitted with respect to ‘‘(II) shall publish in the Federal Register
hearing. the same administrative order under sub- a notice of availability of any such order;
‘‘(B) EXCEPTIONS.—When issuing an admin- paragraph (A), the Secretary may direct that and
istrative order under paragraph (1) on the a single hearing be conducted in which all ‘‘(III) shall provide for a public comment
Secretary’s initiative proposing to deter- persons whose hearing requests were granted period of at least 45 calendar days with re-
mine that a drug described in subsection may participate. spect to such interim final order.
(a)(3) is not generally recognized as safe and ‘‘(iii) PRESIDING OFFICER.—The presiding ‘‘(ii) NONDELEGATION.—The Secretary may
effective under section 201(p)(1), the Sec- officer of a hearing requested under subpara- not delegate the authority to issue an in-
retary shall follow the procedures in sub- graph (A) shall— terim final administrative order under this
paragraph (A), except that— ‘‘(I) be designated by the Secretary; subparagraph.
‘‘(i) the proposed order shall include notice ‘‘(II) not be an employee of the Center for ‘‘(B) SAFETY LABELING CHANGES.—
of— Drug Evaluation and Research; and ‘‘(i) IN GENERAL.—In the case of a deter-
‘‘(I) the general categories of data the Sec- ‘‘(III) not have been previously involved in mination by the Secretary that a change in
retary has determined necessary to establish the development of the administrative order the labeling of a drug, class of drugs, or com-
dlhill on DSKBBY8HB2PROD with SENATE
that the drug is generally recognized as safe involved or proceedings relating to that ad- bination of drugs subject to this section is
and effective under section 201(p)(1); and ministrative order. reasonably expected to mitigate a signifi-
‘‘(II) the format for submissions by inter- ‘‘(iv) RIGHTS OF PARTIES TO HEARING.—The cant or unreasonable risk of a serious ad-
ested persons; parties to a hearing requested under sub- verse event associated with use of the drug,
‘‘(ii) the Secretary shall provide for a pub- paragraph (A) shall have the right to present the Secretary may—
lic comment period of no less than 180 cal- testimony, including testimony of expert ‘‘(I) make reasonable efforts to notify in-
endar days with respect to such proposed witnesses, and to cross-examine witnesses formally, not later than 48 hours before the
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2108 CONGRESSIONAL RECORD — SENATE March 25, 2020
issuance of the interim final order, the spon- matted to permit a substantive review, the ‘‘(II) provides for a change in the condi-
sors of drugs who have a listing in effect Secretary shall— tions of use of a drug, for which new human
under section 510(j) for such drug or com- ‘‘(I) file the request; and data studies conducted or sponsored by the
bination of drugs; ‘‘(II) initiate proceedings with respect to requestor (or for which the requestor has an
‘‘(II) after reasonable efforts of notifica- issuing an administrative order in accord- exclusive right of reference) were essential
tion, issue an interim final administrative ance with paragraphs (2) and (3); and to the issuance of such order.
order in accordance with paragraph (1) to re- ‘‘(iii) except as provided in paragraph (6), if ‘‘(iii) DRUGS DESCRIBED.—The drugs de-
quire such change, together with a detailed the Secretary determines that a request does scribed in this clause are drugs—
statement of the reasons for such order; not meet the requirements for filing or is not ‘‘(I) specified in subsection (a)(1), (a)(2), or
‘‘(III) publish in the Federal Register a no- sufficiently complete and formatted to per- (a)(3);
tice of availability of such order; and mit a substantive review, the requestor may ‘‘(II) subject to a final order issued under
‘‘(IV) provide for a public comment period demand that the request be filed over pro- this section;
of at least 45 calendar days with respect to test, and the Secretary shall initiate pro- ‘‘(III) subject to a final sunscreen order (as
such interim final order. ceedings to review the request in accordance defined in section 586(2)(A)); or
‘‘(ii) CONTENT OF ORDER.—An interim final with paragraph (2)(A). ‘‘(IV) described in subsection (m)(1), other
order issued under this subparagraph with ‘‘(B) REQUEST TO INITIATE PROCEEDINGS.— than drugs subject to an active enforcement
respect to the labeling of a drug may provide ‘‘(i) IN GENERAL.—A requestor seeking an action under chapter III of this Act.
for new warnings and other information re- administrative order under paragraph (1) ‘‘(iv) LIMITATIONS ON EXCLUSIVITY.—
quired for safe use of the drug. with respect to certain drugs, classes of
‘‘(I) IN GENERAL.—Only one 18-month pe-
‘‘(C) EFFECTIVE DATE.—An order under sub- drugs, or combinations of drugs, shall submit
riod under this subparagraph shall be grant-
paragraph (A) or (B) shall take effect on a to the Secretary a request to initiate pro-
ed, under each order described in clause (i),
date specified by the Secretary. ceedings for such order in the form and man-
with respect to changes (to the drug subject
‘‘(D) FINAL ORDER.—After the completion ner as specified by the Secretary. Such re-
to such order) which are either—
of the proceedings in subparagraph (A) or questor may submit a request under this
‘‘(aa) changes described in clause (ii)(I), re-
(B), the Secretary shall— subparagraph for the issuance of an adminis-
‘‘(i) issue a final order in accordance with lating to active ingredients; or
trative order—
paragraph (1); ‘‘(I) determining whether a drug is gen- ‘‘(bb) changes described in clause (ii)(II),
‘‘(ii) publish a notice of availability of such erally recognized as safe and effective under relating to conditions of use.
final administrative order in the Federal section 201(p)(1), exempt from section ‘‘(II) NO EXCLUSIVITY ALLOWED.—No exclu-
Register; and 503(b)(1), and not required to be the subject sivity shall apply to changes to a drug which
‘‘(iii) afford sponsors of such drugs that of an approved application under section 505; are—
will be subject to such an order the oppor- or ‘‘(aa) the subject of a Tier 2 OTC mono-
tunity for formal dispute resolution up to ‘‘(II) determining whether a change to a graph order request (as defined in section
the level of the Director of the Center for condition of use of a drug is generally recog- 744L);
Drug Evaluation and Research, which must nized as safe and effective under section ‘‘(bb) safety-related changes, as defined by
initially be within 45 calendar days of the 201(p)(1), exempt from section 503(b)(1), and the Secretary, or any other changes the Sec-
issuance of the order, and for subsequent lev- not required to be the subject of an approved retary considers necessary to assure safe use;
els of appeal, within 30 calendar days of the application under section 505, if, absent such or
prior decision. a changed condition of use, such drug is— ‘‘(cc) changes related to methods of testing
‘‘(E) HEARINGS.—A sponsor of a drug sub- ‘‘(aa) generally recognized as safe and ef- safety or efficacy.
ject to a final order issued under subpara- fective under section 201(p)(1) in accordance ‘‘(v) NEW HUMAN DATA STUDIES DEFINED.—In
graph (D) and that participated in each stage with subsection (a)(1), (a)(2), or an order this subparagraph, the term ‘new human
of formal dispute resolution under clause under this subsection; or data studies’ means clinical trials of safety
(iii) of such subparagraph may request a ‘‘(bb) subject to subsection (a)(3), but only or effectiveness (including actual use stud-
hearing on such order. The provisions of sub- if such requestor initiates such request in ies), pharmacokinetics studies, or bio-
paragraphs (A), (B), and (C) of paragraph (3), conjunction with a request for the Secretary availability studies, the results of which—
other than paragraph (3)(C)(v)(II), shall to determine whether such drug is generally ‘‘(I) have not been relied on by the Sec-
apply with respect to a hearing on such order recognized as safe and effective under sec- retary to support—
in the same manner and to the same extent tion 201(p)(1), which is filed by the Secretary ‘‘(aa) a proposed or final determination
as such provisions apply with respect to a under subparagraph (A)(ii). that a drug described in subclause (I), (II), or
hearing on an administrative order issued ‘‘(ii) EXCEPTION.—The Secretary is not re- (III) of clause (iii) is generally recognized as
under paragraph (2)(A)(iv). quired to complete review of a request for a safe and effective under section 201(p)(1); or
‘‘(F) TIMING.— change described in clause (i)(II) if the Sec- ‘‘(bb) approval of a drug that was approved
‘‘(i) FINAL ORDER AND HEARING.—The Sec- retary determines that there is an inad- under section 505; and
retary shall— equate basis to find the drug is generally rec- ‘‘(II) do not duplicate the results of an-
‘‘(I) not later than 6 months after the date ognized as safe and effective under section other study that was relied on by the Sec-
on which the comment period closes under 201(p)(1) under paragraph (1) and issues a retary to support—
subparagraph (A) or (B), issue a final order in final order announcing that determination. ‘‘(aa) a proposed or final determination
accordance with paragraph (1); and ‘‘(iii) WITHDRAWAL.—The requestor may that a drug described in subclause (I), (II), or
‘‘(II) not later than 12 months after the withdraw a request under this paragraph, ac- (III) of clause (iii) is generally recognized as
date on which such final order is issued, cording to the procedures set forth pursuant safe and effective under section 201(p)(1); or
complete any hearing under subparagraph to subsection (d)(2)(B). Notwithstanding any ‘‘(bb) approval of a drug that was approved
(E). other provision of this section, if such re- under section 505.
‘‘(ii) DISPUTE RESOLUTION REQUEST.—The quest is withdrawn, the Secretary may cease ‘‘(vi) NOTIFICATION OF DRUG NOT AVAILABLE
Secretary shall specify in an interim final proceedings under this subparagraph. FOR SALE.—A requestor that is granted ex-
order issued under subparagraph (A) or (B) ‘‘(C) EXCLUSIVITY.— clusivity with respect to a drug under this
such shorter periods for requesting dispute ‘‘(i) IN GENERAL.—A final administrative subparagraph shall notify the Secretary in
resolution under subparagraph (D)(iii) as are order issued in response to a request under writing within 1 year of the issuance of the
necessary to meet the requirements of this this section shall have the effect of author- final administrative order if the drug that is
subparagraph. izing solely the order requestor (or the li- the subject of such order will not be avail-
‘‘(G) JUDICIAL REVIEW.—A final order issued censees, assignees, or successors in interest able for sale within 1 year of the date of
pursuant to subparagraph (F) shall be sub- of such requestor with respect to the subject issuance of such order. The requestor shall
ject to judicial review in accordance with of such order), for a period of 18 months fol- include with such notice the—
paragraph (3)(D). lowing the effective date of such final order ‘‘(I) identity of the drug by established
‘‘(5) ADMINISTRATIVE ORDER INITIATED AT and beginning on the date the requestor may name and by proprietary name, if any;
THE REQUEST OF A REQUESTOR.— lawfully market such drugs pursuant to the ‘‘(II) strength of the drug;
‘‘(A) IN GENERAL.—In issuing an adminis- order, to market drugs— ‘‘(III) date on which the drug will be avail-
trative order under paragraph (1) at the re- ‘‘(I) incorporating changes described in able for sale, if known; and
quest of a requestor with respect to certain clause (ii); and ‘‘(IV) reason for not marketing the drug
drugs, classes of drugs, or combinations of ‘‘(II) subject to the limitations under after issuance of the order.
drugs— clause (iv). ‘‘(6) INFORMATION REGARDING SAFE NON-
dlhill on DSKBBY8HB2PROD with SENATE
‘‘(i) the Secretary shall, after receiving a ‘‘(ii) CHANGES DESCRIBED.—A change de- PRESCRIPTION MARKETING AND USE AS CONDI-
request under this subparagraph, determine scribed in this clause is a change subject to TION FOR FILING A GENERALLY RECOGNIZED AS
whether the request is sufficiently complete an order specified in clause (i), which— SAFE AND EFFECTIVE REQUEST.—
and formatted to permit a substantive re- ‘‘(I) provides for a drug to contain an ac- ‘‘(A) IN GENERAL.—In response to a request
view; tive ingredient (including any ester or salt of under this section that a drug described in
‘‘(ii) if the Secretary determines that the the active ingredient) not previously incor- subparagraph (B) be generally recognized as
request is sufficiently complete and for- porated in a drug described in clause (iii); or safe and effective, the Secretary—
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2109
‘‘(i) may file such request, if the request intended for use by pediatric populations, re- does not demonstrate that the change does
includes information specified under sub- quirements to reduce risk of harm from un- not—
paragraph (C) with respect to safe non- supervised ingestion, and other appropriate ‘‘(i) affect the safety or effectiveness of the
prescription marketing and use of such drug; requirements. This paragraph does not au- drug; or
or thorize the Food and Drug Administration to ‘‘(ii) materially affect the extent of absorp-
‘‘(ii) if the request fails to include informa- require standards or testing procedures as tion or other exposure to the active ingre-
tion specified under subparagraph (C), shall described in part 1700 of title 16, Code of Fed- dient in comparison to a suitable reference
refuse to file such request and require that eral Regulations. product,
nonprescription marketing of the drug be ‘‘(8) FINAL AND TENTATIVE FINAL MONO- the drug as modified is a new drug under sec-
pursuant to a new drug application as de- GRAPHS FOR CATEGORY I DRUGS DEEMED FINAL tion 201(p) and shall be deemed to be mis-
scribed in subparagraph (D). ADMINISTRATIVE ORDERS.— branded under section 502(ee).
‘‘(B) DRUG DESCRIBED.—A drug described in ‘‘(A) IN GENERAL.—A final monograph or ‘‘(3) DETERMINING WHETHER A CHANGE WILL
this subparagraph is a nonprescription drug tentative final monograph described in sub- AFFECT SAFETY OR EFFECTIVENESS.—
which contains an active ingredient not pre- paragraph (B) shall be deemed to be a final ‘‘(A) IN GENERAL.—The Secretary shall
viously incorporated in a drug— administrative order under this subsection issue one or more administrative orders
‘‘(i) specified in subsection (a)(1), (a)(2), or and may be amended, revoked, or otherwise specifying requirements for determining
(a)(3); modified in accordance with the procedures whether a minor change made by a sponsor
‘‘(ii) subject to a final order under this sec- of this subsection. pursuant to this subsection will affect the
tion; or ‘‘(B) MONOGRAPHS DESCRIBED.—For pur- safety or effectiveness of a drug or materi-
‘‘(iii) subject to a final sunscreen order (as poses of subparagraph (A), a final monograph ally affect the extent of absorption or other
defined in section 586(2)(A)). or tentative final monograph is described in exposure to an active ingredient in the drug
‘‘(C) INFORMATION DEMONSTRATING PRIMA this subparagraph if it— in comparison to a suitable reference prod-
FACIE SAFE NONPRESCRIPTION MARKETING AND ‘‘(i) establishes conditions of use for a drug uct, together with guidance for applying
USE.—Information specified in this subpara- described in paragraph (1) or (2) of subsection those orders to specific dosage forms.
graph, with respect to a request described in (a); and ‘‘(B) STANDARD PRACTICES.—The orders and
subparagraph (A)(i), is— ‘‘(ii) represents the most recently promul- guidance issued by the Secretary under sub-
‘‘(i) information sufficient for a prima gated version of such conditions, including paragraph (A) shall take into account rel-
facie demonstration that the drug subject to as modified, in whole or in part, by any pro- evant public standards and standard prac-
such request has a verifiable history of being posed or final rule. tices for evaluating the quality of drugs, and
marketed and safely used by consumers in ‘‘(C) DEEMED ORDERS INCLUDE HARMONIZING may take into account the special needs of
the United States as a nonprescription drug TECHNICAL AMENDMENTS.—The deemed estab- populations, including children.
under comparable conditions of use; lishment of a final administrative order ‘‘(d) CONFIDENTIALITY OF INFORMATION SUB-
‘‘(ii) if the drug has not been previously MITTED TO THE SECRETARY.—
under subparagraph (A) shall be construed to
marketed in the United States as a non- include any technical amendments to such ‘‘(1) IN GENERAL.—Subject to paragraph (2),
prescription drug, information sufficient for order as the Secretary determines necessary any information, including reports of testing
a prima facie demonstration that the drug to ensure that such order is appropriately conducted on the drug or drugs involved,
was marketed and safely used under com- that is submitted by a requestor in connec-
harmonized, in terms of terminology or
parable conditions of marketing and use in a tion with proceedings on an order under this
cross-references, with the applicable provi-
country listed in section 802(b)(1)(A) or des- section (including any minor change under
sions of this Act (and regulations there-
ignated by the Secretary in accordance with subsection (c)) and is a trade secret or con-
under) and any other orders issued under this
section 802(b)(1)(B)— fidential information subject to section
section.
‘‘(I) for such period as needed to provide 552(b)(4) of title 5, United States Code, or sec-
reasonable assurances concerning the safe ‘‘(c) PROCEDURE FOR MINOR CHANGES.— tion 1905 of title 18, United States Code, shall
nonprescription use of the drug; and ‘‘(1) IN GENERAL.—Minor changes in the not be disclosed to the public unless the re-
‘‘(II) during such time was subject to suffi- dosage form of a drug that is described in questor consents to that disclosure.
cient monitoring by a regulatory body con- paragraph (1) or (2) of subsection (a) or the ‘‘(2) PUBLIC AVAILABILITY.—
sidered acceptable by the Secretary for such subject of an order issued under subsection ‘‘(A) IN GENERAL.—Except as provided in
monitoring purposes, including for adverse (b) may be made by a requestor without the subparagraph (B), the Secretary shall—
events associated with nonprescription use issuance of an order under subsection (b) if— ‘‘(i) make any information submitted by a
of the drug; or ‘‘(A) the requestor maintains such infor- requestor in support of a request under sub-
‘‘(iii) if the Secretary determines that in- mation as is necessary to demonstrate that section (b)(5)(A) available to the public not
formation described in clause (i) or (ii) is not the change— later than the date on which the proposed
needed to provide a prima facie demonstra- ‘‘(i) will not affect the safety or effective- order is issued; and
tion that the drug can be safely marketed ness of the drug; and ‘‘(ii) make any information submitted by
and used as a nonprescription drug, such ‘‘(ii) will not materially affect the extent any other person with respect to an order re-
other information the Secretary determines of absorption or other exposure to the active quested (or initiated by the Secretary) under
is sufficient for such purposes. ingredient in comparison to a suitable ref- subsection (b), available to the public upon
‘‘(D) MARKETING PURSUANT TO NEW DRUG erence product; and such submission.
APPLICATION.—In the case of a request de- ‘‘(B) the change is in conformity with the ‘‘(B) LIMITATIONS ON PUBLIC AVAIL-
scribed in subparagraph (A)(ii), the drug sub- requirements of an applicable administrative ABILITY.—Information described in subpara-
ject to such request may be resubmitted for order issued by the Secretary under para- graph (A) shall not be made public if—
filing only if— graph (3). ‘‘(i) the information pertains to pharma-
‘‘(i) the drug is marketed as a nonprescrip- ‘‘(2) ADDITIONAL INFORMATION.— ceutical quality information, unless such in-
tion drug, under conditions of use com- ‘‘(A) ACCESS TO RECORDS.—A sponsor shall formation is necessary to establish standards
parable to the conditions specified in the re- submit records requested by the Secretary under which a drug is generally recognized
quest, for such period as the Secretary deter- relating to such a minor change under sec- as safe and effective under section 201(p)(1);
mines appropriate (not to exceed 5 consecu- tion 704(a)(4), within 15 business days of re- ‘‘(ii) the information is submitted in a re-
tive years) pursuant to an application ap- ceiving such a request, or such longer period questor-initiated request, but the requestor
proved under section 505; and as the Secretary may provide. withdraws such request, in accordance with
‘‘(ii) during such period, 1,000,000 retail ‘‘(B) INSUFFICIENT INFORMATION.—If the withdrawal procedures established by the
packages of the drug, or an equivalent quan- Secretary determines that the information Secretary, before the Secretary issues the
tity as determined by the Secretary, were contained in such records is not sufficient to proposed order;
distributed for retail sale, as determined in demonstrate that the change does not affect ‘‘(iii) the Secretary requests and obtains
such manner as the Secretary finds appro- the safety or effectiveness of the drug or ma- the information under subsection (c) and
priate. terially affect the extent of absorption or such information is not submitted in rela-
‘‘(E) RULE OF APPLICATION.—Except in the other exposure to the active ingredient, the tion to an order under subsection (b); or
case of a request involving a drug described Secretary— ‘‘(iv) the information is of the type con-
in section 586(9), as in effect on January 1, ‘‘(i) may so inform the sponsor of the drug tained in raw datasets.
2017, if the Secretary refuses to file a request in writing; and ‘‘(e) UPDATES TO DRUG LISTING INFORMA-
under this paragraph, the requestor may not ‘‘(ii) if the Secretary so informs the spon- TION.—A sponsor who makes a change to a
file such request over protest under para- sor, shall provide the sponsor of the drug drug subject to this section shall submit up-
dlhill on DSKBBY8HB2PROD with SENATE
graph (5)(A)(iii). with a reasonable opportunity to provide ad- dated drug listing information for the drug
‘‘(7) PACKAGING.—An administrative order ditional information. in accordance with section 510(j) within 30
issued under paragraph (2), (4)(A), or (5) may ‘‘(C) FAILURE TO SUBMIT SUFFICIENT INFOR- calendar days of the date when the drug is
include requirements for the packaging of a MATION.—If the sponsor fails to provide such first commercially marketed, except that a
drug to encourage use in accordance with la- additional information within a time pre- sponsor who was the order requestor with re-
beling. Such requirements may include unit scribed by the Secretary, or if the Secretary spect to an order subject to subsection
dose packaging, requirements for products determines that such additional information (b)(5)(C) (or a licensee, assignee, or successor
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2110 CONGRESSIONAL RECORD — SENATE March 25, 2020
in interest of such requestor) shall submit nonprescription drugs marketed pursuant to ‘‘(o) INAPPLICABILITY OF PAPERWORK RE-
updated drug listing information on or be- this section (including such requirements in DUCTION ACT.—Chapter 35 of title 44, United
fore the date when the drug is first commer- parts 201 and 250 of title 21, Code of Federal States Code, shall not apply to collections of
cially marketed. Regulations), shall be deemed to be final or- information made under this section.
‘‘(f) APPROVALS UNDER SECTION 505.—The ders under subsection (b), only as they apply
provisions of this section shall not be con- ‘‘(p) INAPPLICABILITY OF NOTICE AND COM-
to drugs—
MENT RULEMAKING AND OTHER REQUIRE-
strued to preclude a person from seeking or ‘‘(i) subject to paragraph (1), (2), (3), or (4)
MENTS.—The requirements of subsection (b)
maintaining the approval of an application of subsection (a); or
for a drug under sections 505(b)(1), 505(b)(2), shall apply with respect to orders issued
‘‘(ii) otherwise subject to an order under
and 505(j). A determination under this sec- under this section instead of the require-
this section.
tion that a drug is not subject to section ‘‘(3) WITHDRAWAL OF REGULATIONS.—The ments of subchapter II of chapter 5 of title 5,
503(b)(1), is generally recognized as safe and Secretary shall withdraw regulations estab- United States Code.
effective under section 201(p)(1), and is not a lishing final monographs and the procedures ‘‘(q) DEFINITIONS.—In this section:
new drug under section 201(p) shall con- governing the over-the-counter drug review ‘‘(1) The term ‘nonprescription drug’ refers
stitute a finding that the drug is safe and ef- under part 330 and other relevant parts of to a drug not subject to the requirements of
fective that may be relied upon for purposes title 21, Code of Federal Regulations (as in section 503(b)(1).
of an application under section 505(b)(2), so effect on the day before the date of the en- ‘‘(2) The term ‘sponsor’ refers to any per-
that the applicant shall be required to sub- actment of this section), or make technical son marketing, manufacturing, or processing
mit for purposes of such application only in- changes to such regulations to ensure con- a drug that—
formation needed to support any modifica- formity with appropriate terminology and ‘‘(A) is listed pursuant to section 510(j);
tion of the drug that is not covered by such cross references. Notwithstanding sub- and
determination under this section. chapter II of chapter 5 of title 5, United ‘‘(B) is or will be subject to an administra-
‘‘(g) PUBLIC AVAILABILITY OF ADMINISTRA- States Code, any such withdrawal or tech- tive order under this section of the Food and
TIVE ORDERS.—The Secretary shall establish, nical changes shall be made without public Drug Administration.
maintain, update (as determined necessary notice and comment and shall be effective ‘‘(3) The term ‘requestor’ refers to any per-
by the Secretary but no less frequently than upon publication through notice in the Fed- son or group of persons marketing, manufac-
annually), and make publicly available, with eral Register (or upon such date as specified turing, processing, or developing a drug.’’.
respect to orders issued under this section— in such notice).
‘‘(1) a repository of each final order and in- ‘‘(l) GUIDANCE.—The Secretary shall issue (b) GAO STUDY.—Not later than 4 years
terim final order in effect, including the guidance that specifies— after the date of enactment of this Act, the
complete text of the order; and ‘‘(1) the procedures and principles for for- Comptroller General of the United States
‘‘(2) a listing of all orders proposed and mal meetings between the Secretary and shall submit a study to the Committee on
under development under subsection (b)(2), sponsors or requestors for drugs subject to Energy and Commerce of the House of Rep-
including— this section; resentatives and the Committee on Health,
‘‘(A) a brief description of each such order; ‘‘(2) the format and content of data sub- Education, Labor, and Pensions of the Sen-
and missions to the Secretary under this section; ate addressing the effectiveness and overall
‘‘(B) the Secretary’s expectations, if re- ‘‘(3) the format of electronic submissions impact of exclusivity under section 505G of
sources permit, for issuance of proposed or- to the Secretary under this section; the Federal Food, Drug, and Cosmetic Act,
ders over a 3-year period. ‘‘(4) consolidated proceedings for appeal as added by subsection (a), and section 586C
‘‘(h) DEVELOPMENT ADVICE TO SPONSORS OR and the procedures for such proceedings of such Act (21 U.S.C. 360fff–3), including the
REQUESTORS.—The Secretary shall establish where appropriate; and impact of such exclusivity on consumer ac-
procedures under which sponsors or reques- ‘‘(5) for minor changes in drugs, rec- cess. Such study shall include—
tors may meet with appropriate officials of ommendations on how to comply with the (1) an analysis of the impact of exclusivity
the Food and Drug Administration to obtain requirements in orders issued under sub- under such section 505G for nonprescription
advice on the studies and other information section (c)(3). drug products, including—
necessary to support submissions under this ‘‘(m) RULE OF CONSTRUCTION.— (A) the number of nonprescription drug
section and other matters relevant to the ‘‘(1) IN GENERAL.—This section shall not af- products that were granted exclusivity and
regulation of nonprescription drugs and the fect the treatment or status of a non- the indication for which the nonprescription
development of new nonprescription drugs prescription drug— drug products were determined to be gen-
under this section. ‘‘(A) that is marketed without an applica- erally recognized as safe and effective;
‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS tion approved under section 505 as of the (B) whether the exclusivity for such drug
OR REQUESTORS.—The Secretary shall estab- date of the enactment of this section; products was granted for—
lish procedures to facilitate efficient partici- ‘‘(B) that is not subject to an order issued (i) a new active ingredient (including any
pation by multiple sponsors or requestors in under this section; and ester or salt of the active ingredient); or
proceedings under this section, including ‘‘(C) to which paragraph (1), (2), (3), (4), or (ii) changes in the conditions of use of a
provision for joint meetings with multiple (5) of subsection (a) do not apply. drug, for which new human data studies con-
sponsors or requestors or with organizations ‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY ducted or sponsored by the requestor were
nominated by sponsors or requestors to rep- FOUND TO BE SUBJECT TO TIME AND EXTENT RE- essential;
resent their interests in a proceeding. QUIREMENTS.— (C) whether, and to what extent, the exclu-
‘‘(j) ELECTRONIC FORMAT.—All submissions ‘‘(A) Notwithstanding subsection (a), a sivity impacted the requestor’s or sponsor’s
under this section shall be in electronic for- drug described in subparagraph (B) may only decision to develop the drug product;
mat. be lawfully marketed, without an applica- (D) an analysis of the implementation of
‘‘(k) EFFECT ON EXISTING REGULATIONS tion approved under section 505, pursuant to the exclusivity provision in such section
GOVERNING NONPRESCRIPTION DRUGS.— an order issued under this section. 505G, including—
‘‘(1) REGULATIONS OF GENERAL APPLICA- ‘‘(B) A drug described in this subparagraph (i) the resources used by the Food and Drug
BILITY TO NONPRESCRIPTION DRUGS.—Except is a drug which, prior to the date of the en- Administration;
as provided in this subsection, nothing in actment of this section, the Secretary deter- (ii) the impact of such provision on innova-
this section supersedes regulations estab- mined in a proposed or final rule to be ineli- tion, as well as research and development in
lishing general requirements for non- gible for review under the OTC drug review the nonprescription drug market;
prescription drugs, including regulations of (as such phrase ‘OTC drug review’ was used (iii) the impact of such provision on com-
general applicability contained in parts 201, in section 330.14 of title 21, Code of Federal petition in the nonprescription drug market;
250, and 330 of title 21, Code of Federal Regu- Regulations, as in effect on the day before (iv) the impact of such provision on con-
lations, or any successor regulations. The the date of the enactment of this section). sumer access to nonprescription drug prod-
Secretary shall establish or modify such reg- ‘‘(3) PRESERVATION OF AUTHORITY.— ucts;
ulations by means of rulemaking in accord- ‘‘(A) Nothing in paragraph (1) shall be con- (v) the impact of such provision on the
ance with section 553 of title 5, United States strued to preclude or limit the applicability prices of nonprescription drug products; and
Code. of any provision of this Act other than this (vi) whether the administrative orders ini-
‘‘(2) REGULATIONS ESTABLISHING REQUIRE- section. tiated by requestors under such section 505G
MENTS FOR SPECIFIC NONPRESCRIPTION ‘‘(B) Nothing in subsection (a) shall be con- have been sufficient to encourage the devel-
DRUGS.— strued to prohibit the Secretary from issuing opment of nonprescription drug products
‘‘(A) The provisions of section 310.545 of an order under this section finding a drug to that would likely not be otherwise devel-
dlhill on DSKBBY8HB2PROD with SENATE
title 21, Code of Federal Regulations, as in be not generally recognized as safe and effec- oped, or developed in as timely a manner;
effect on the day before the date of the en- tive under section 201(p)(1), as the Secretary and
actment of this section, shall be deemed to determines appropriate. (E) whether the administrative orders ini-
be a final order under subsection (b). ‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug tiated by requestors under such section 505G
‘‘(B) Regulations in effect on the day be- is not subject to this section if an exemption have been sufficient incentive to encourage
fore the date of the enactment of this sec- for investigational use under section 505(i) is innovation in the nonprescription drug mar-
tion, establishing requirements for specific in effect for such drug. ket; and
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2111
(2) an analysis of the impact of exclusivity (1) APPLICABILITY OF SECTION 505G FOR PEND- order, or if the request for a confidential
under such section 586C for sunscreen ingre- ING SUBMISSIONS.— meeting fails to include sufficient informa-
dients, including— (A) IN GENERAL.—A sponsor of a non- tion upon which to base a substantive discus-
(A) the number of sunscreen ingredients prescription sunscreen active ingredient or sion. The Secretary shall publish a post-
that were granted exclusivity and the spe- combination of nonprescription sunscreen meeting summary of each confidential meet-
cific ingredient that was determined to be active ingredients that, as of the date of en- ing under this subparagraph that does not
generally recognized as safe and effective; actment of this Act, is subject to a proposed disclose confidential commercial informa-
(B) whether, and to what extent, the exclu- sunscreen order under section 586C of the tion or trade secrets. This subparagraph does
sivity impacted the requestor’s or sponsor’s Federal Food, Drug, and Cosmetic Act (21 not authorize the disclosure of confidential
decision to develop the sunscreen ingredient; U.S.C. 360fff–3) may elect, by means of giving commercial information or trade secrets
(C) whether, and to what extent, the sun- written notification to the Secretary of subject to 552(b)(4) of title 5, United States
screen ingredient granted exclusivity had Health and Human Services within 180 cal- Code, or section 1905 of title 18, United
previously been available outside of the endar days of the enactment of this Act, to States Code.’’.
United States; transition into the review of such ingredient (3) EXCLUSIVITY.—Section 586C of the Fed-
(D) an analysis of the implementation of or combination of ingredients pursuant to eral Food, Drug, and Cosmetic Act (21 U.S.C.
the exclusivity provision in such section the process set out in section 505G of the 360fff–3) is amended by adding at the end the
586C, including— Federal Food, Drug, and Cosmetic Act, as following:
(i) the resources used by the Food and Drug added by section 3851 of this subtitle. ‘‘(f) EXCLUSIVITY.—
Administration; (B) ELECTION EXERCISED.—Upon receipt by ‘‘(1) IN GENERAL.—A final sunscreen order
(ii) the impact of such provision on innova- the Secretary of Health and Human Services shall have the effect of authorizing solely
tion, as well as research and development in of a timely notification under subparagraph the order requestor (or the licensees, assign-
the sunscreen market; (A)— ees, or successors in interest of such re-
(iii) the impact of such provision on com- (i) the proposed sunscreen order involved is questor with respect to the subject of such
petition in the sunscreen market; deemed to be a request for an order under request and listed under paragraph (5)) for a
(iv) the impact of such provision on con- subsection (b) of section 505G of the Federal period of 18 months, to market a sunscreen
sumer access to sunscreen products; Food, Drug, and Cosmetic Act, as added by ingredient under this section incorporating
(v) the impact of such provision on the section 3851 of this subtitle; and changes described in paragraph (2) subject to
prices of sunscreen products; and (ii) such order is deemed to have been ac- the limitations under paragraph (4), begin-
(vi) whether the administrative orders ini- cepted for filing under subsection (b)(6)(A)(i) ning on the date the requestor (or any licens-
tiated by requestors under such section 505G of such section 505G. ees, assignees, or successors in interest of
have been utilized by sunscreen ingredient (C) ELECTION NOT EXERCISED.—If a notifica- such requestor with respect to the subject of
sponsors and whether such process has been tion under subparagraph (A) is not received such request and listed under paragraph (5))
sufficient to encourage the development of by the Secretary of Health and Human Serv- may lawfully market such sunscreen ingre-
sunscreen ingredients that would likely not ices within 180 calendar days of the date of dient pursuant to the order.
be otherwise developed, or developed in as enactment of this Act, the review of the pro- ‘‘(2) CHANGES DESCRIBED.—A change de-
posed sunscreen order described in subpara- scribed in this paragraph is a change subject
timely a manner; and
graph (A)—
(E) whether the administrative orders ini- to an order specified in paragraph (1) that
(i) shall continue under section 586C of the
tiated by requestors under such section 586C permits a sunscreen to contain an active
Federal Food, Drug, and Cosmetic Act (21
have been sufficient incentive to encourage sunscreen ingredient not previously incor-
U.S.C. 360fff–3); and
innovation in the sunscreen market. porated in a marketed sunscreen listed in
(ii) shall not be eligible for review under
(c) CONFORMING AMENDMENT.—Section paragraph (3).
section 505G, added by section 3851 of this
751(d)(1) of the Federal Food, Drug, and Cos- ‘‘(3) MARKETED SUNSCREEN.—The marketed
subtitle.
metic Act (21 U.S.C. 379r(d)(1)) is amended— sunscreen ingredients described in this para-
(2) DEFINITIONS.—In this subsection, the
(1) in the matter preceding subparagraph graph are sunscreen ingredients—
terms ‘‘sponsor’’, ‘‘nonprescription’’, ‘‘sun-
(A)— ‘‘(A) marketed in accordance with a final
screen active ingredient’’, and ‘‘proposed
(A) by striking ‘‘final regulation promul- monograph for sunscreen drug products set
sunscreen order’’ have the meanings given to
gated’’ and inserting ‘‘final order under sec- those terms in section 586 of the Federal forth at part 352 of title 21, Code of Federal
tion 505G’’; and Food, Drug, and Cosmetic Act (21 U.S.C. Regulations (as published at 64 Fed. Reg.
(B) by striking ‘‘and not misbranded’’; and 360fff). 27687); or
(2) in subparagraph (A), by striking ‘‘regu- (b) AMENDMENTS TO SUNSCREEN PROVI- ‘‘(B) marketed in accordance with a final
lation in effect’’ and inserting ‘‘regulation or SIONS.— order issued under this section.
order in effect’’. (1) FINAL SUNSCREEN ORDERS.—Paragraph ‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only
SEC. 3852. MISBRANDING. (3) of section 586C(e) of the Federal Food, one 18-month period may be granted per in-
Section 502 of the Federal Food, Drug, and Drug, and Cosmetic Act (21 U.S.C. 360fff–3(e)) gredient under paragraph (1).
Cosmetic Act (21 U.S.C. 352) is amended by is amended to read as follows: ‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR
adding at the end the following: ‘‘(3) RELATIONSHIP TO ORDERS UNDER SEC- SUCCESSORS IN INTEREST.—Requestors shall
‘‘(ee) If it is a nonprescription drug that is TION 505G.—A final sunscreen order shall be submit to the Secretary at the time when a
subject to section 505G, is not the subject of deemed to be a final order under section drug subject to such request is introduced or
an application approved under section 505, 505G.’’. delivered for introduction into interstate
and does not comply with the requirements (2) MEETINGS.—Paragraph (7) of section commerce, a list of licensees, assignees, or
under section 505G. 586C(b) of the Federal Food, Drug, and Cos- successors in interest under paragraph (1).’’.
‘‘(ff) If it is a drug and it was manufac- metic Act (21 U.S.C. 360fff–3(b)) is amended— (4) SUNSET PROVISION.—Subchapter I of
tured, prepared, propagated, compounded, or (A) by striking ‘‘A sponsor may request’’ chapter V of the Federal Food, Drug, and
processed in a facility for which fees have and inserting the following: Cosmetic Act (21 U.S.C. 360fff et seq.) is
not been paid as required by section 744M.’’. ‘‘(A) IN GENERAL.—A sponsor may request’’; amended by adding at the end the following:
SEC. 3853. DRUGS EXCLUDED FROM THE OVER- and ‘‘SEC. 586H. SUNSET.
THE-COUNTER DRUG REVIEW. (B) by adding at the end the following: ‘‘This subchapter shall cease to be effec-
(a) IN GENERAL.—Nothing in this Act (or ‘‘(B) CONFIDENTIAL MEETINGS.—A sponsor tive at the end of fiscal year 2022.’’.
the amendments made by this Act) shall may request one or more confidential meet- (5) TREATMENT OF FINAL SUNSCREEN
apply to any nonprescription drug (as de- ings with respect to a proposed sunscreen ORDER.—The Federal Food, Drug, and Cos-
fined in section 505G(q) of the Federal Food, order, including a letter deemed to be a pro- metic Act is amended by striking section
Drug, and Cosmetic Act, as added by section posed sunscreen order under paragraph (3), to 586E of such Act (21 U.S.C. 360fff–5).
3851 of this subtitle) which was excluded by discuss matters relating to data require- (c) TREATMENT OF AUTHORITY REGARDING
the Food and Drug Administration from the ments to support a general recognition of FINALIZATION OF SUNSCREEN MONOGRAPH.—
Over-the-Counter Drug Review in accordance safety and effectiveness involving confiden- (1) IN GENERAL.—
with the paragraph numbered 25 on page 9466 tial information and public information re- (A) REVISION OF FINAL SUNSCREEN ORDER.—
of volume 37 of the Federal Register, pub- lated to such proposed sunscreen order, as The Secretary of Health and Human Services
lished on May 11, 1972. appropriate. The Secretary shall convene a (referred to in this subsection as the ‘‘Sec-
(b) RULE OF CONSTRUCTION.—Nothing in confidential meeting with such sponsor in a retary’’) shall amend and revise the final ad-
this section shall be construed to preclude or reasonable time period. If a sponsor requests ministrative order concerning nonprescrip-
dlhill on DSKBBY8HB2PROD with SENATE
limit the applicability of any other provision more than one confidential meeting for the tion sunscreen (referred to in this subsection
of the Federal Food, Drug, and Cosmetic Act same proposed sunscreen order, the Sec- as the ‘‘sunscreen order’’) for which the con-
(21 U.S.C. 301 et seq.). retary may refuse to grant an additional tent, prior to the date of enactment of this
SEC. 3854. TREATMENT OF SUNSCREEN INNOVA- confidential meeting request if the Secretary Act, was represented by the final monograph
TION ACT. determines that such additional confidential for sunscreen drug products set forth in part
(a) REVIEW OF NONPRESCRIPTION SUNSCREEN meeting is not reasonably necessary for the 352 of title 21, Code of Federal Regulations
ACTIVE INGREDIENTS.— sponsor to advance its proposed sunscreen (as in effect on May 21, 1999).
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2112 CONGRESSIONAL RECORD — SENATE March 25, 2020
(B) ISSUANCE OF REVISED SUNSCREEN ORDER; of the date of a letter submitted by the Sec- ‘‘(4) The term ‘FDA establishment identi-
EFFECTIVE DATE.—A revised sunscreen order retary of Health and Human Services pursu- fier’ is the unique number automatically
described in subparagraph (A) shall be— ant to such subsection in which the Sec- generated by Food and Drug Administra-
(i) issued in accordance with the proce- retary indicates that the Food and Drug Ad- tion’s Field Accomplishments and Compli-
dures described in section 505G(b)(2) of the ministration has completed its evaluation ance Tracking System (FACTS) (or any suc-
Federal Food, Drug, and Cosmetic Act; and revised, in a final order, as applicable, cessor system).
(ii) issued in proposed form not later than the cough and cold monograph as described ‘‘(5) The term ‘OTC monograph drug’
18 months after the date of enactment of this in subsection (a)(2). means a nonprescription drug without an ap-
Act; and SEC. 3856. TECHNICAL CORRECTIONS. proved new drug application which is gov-
(iii) issued by the Secretary at least 1 year (a) IMPORTS AND EXPORTS.—Section erned by the provisions of section 505G.
prior to the effective date of the revised 801(e)(4)(E)(iii) of the Federal Food, Drug, ‘‘(6) The term ‘OTC monograph drug activi-
order. and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) ties’ means activities of the Secretary asso-
(2) REPORTS.—If a revised sunscreen order is amended by striking ‘‘subparagraph’’ each ciated with OTC monograph drugs and in-
issued under paragraph (1) does not include place such term appears and inserting ‘‘para- spection of facilities associated with such
provisions related to the effectiveness of var- graph’’.
products, including the following activities:
ious sun protection factor levels, and does (b) FDA REAUTHORIZATION ACT OF 2017.—
not address all dosage forms known to the (1) IN GENERAL.—Section 905(b)(4) of the ‘‘(A) The activities necessary for review
Secretary to be used in sunscreens marketed FDA Reauthorization Act of 2017 (Public and evaluation of OTC monographs and OTC
in the United States without a new drug ap- Law 115–52) is amended by striking ‘‘Section monograph order requests, including—
plication approved under section 505 of the 744H(e)(2)(B)’’ and inserting ‘‘Section ‘‘(i) orders proposing or finalizing applica-
Federal Food, Drug, and Cosmetic Act (21 744H(f)(2)(B)’’. ble conditions of use for OTC monograph
U.S.C. 355), the Secretary shall submit a re- (2) EFFECTIVE DATE.—The amendment drugs;
port to the Committee on Energy and Com- made by paragraph (1) shall take effect as of ‘‘(ii) orders affecting status regarding gen-
merce of the House of Representatives and the enactment of the FDA Reauthorization eral recognition of safety and effectiveness
the Committee on Health, Education, Labor, Act of 2017 (Public Law 115–52). of an OTC monograph ingredient or combina-
and Pensions of the Senate on the rationale tion of ingredients under specified conditions
PART II—USER FEES
for omission of such provisions from such of use;
SEC. 3861. FINDING.
order, and a plan and timeline to compile ‘‘(iii) all OTC monograph drug develop-
The Congress finds that the fees authorized ment and review activities, including intra-
any information necessary to address such
by the amendments made in this part will be agency collaboration;
provisions through such order.
dedicated to OTC monograph drug activities,
(d) TREATMENT OF NON-SUNSCREEN TIME ‘‘(iv) regulation and policy development
AND EXTENT APPLICATIONS.—
as set forth in the goals identified for pur-
activities related to OTC monograph drugs;
(1) IN GENERAL.—Any application described poses of part 10 of subchapter C of chapter
‘‘(v) development of product standards for
in section 586F of the Federal Food, Drug, VII of the Federal Food, Drug, and Cosmetic
products subject to review and evaluation;
and Cosmetic Act (21 U.S.C. 360fff–6) that was Act, in the letters from the Secretary of
Health and Human Services to the Chairman ‘‘(vi) meetings referred to in section
submitted to the Secretary pursuant to sec- 505G(i);
tion 330.14 of title 21, Code of Federal Regula- of the Committee on Health, Education,
Labor, and Pensions of the Senate and the ‘‘(vii) review of labeling prior to issuance
tions, as such provisions were in effect im- of orders related to OTC monograph drugs or
mediately prior to the date of enactment Chairman of the Committee on Energy and
Commerce of the House of Representatives, conditions of use; and
date of this Act, shall be extinguished as of ‘‘(viii) regulatory science activities related
such date of enactment, subject to paragraph as set forth in the Congressional Record.
SEC. 3862. FEES RELATING TO OVER-THE- to OTC monograph drugs.
(2). ‘‘(B) Inspections related to OTC monograph
COUNTER DRUGS.
(2) ORDER REQUEST.—Nothing in paragraph drugs.
Subchapter C of chapter VII of the Federal
(1) precludes the submission of an order re- ‘‘(C) Monitoring of clinical and other re-
Food, Drug, and Cosmetic Act (21 U.S.C. 379f
quest under section 505G(b) of the Federal search conducted in connection with OTC
et seq.) is amended by inserting after part 9
Food, Drug, and Cosmetic Act, as added by monograph drugs.
the following:
section 3851 of this subtitle, with respect to ‘‘(D) Safety activities with respect to OTC
a drug that was the subject of an application ‘‘PART 10—FEES RELATING TO OVER-THE-
COUNTER DRUGS monograph drugs, including—
extinguished under paragraph (1). ‘‘(i) collecting, developing, and reviewing
SEC. 3855. ANNUAL UPDATE TO CONGRESS ON ‘‘SEC. 744L. DEFINITIONS.
safety information on OTC monograph drugs,
APPROPRIATE PEDIATRIC INDICA- ‘‘In this part:
TION FOR CERTAIN OTC COUGH AND including adverse event reports;
‘‘(1) The term ‘affiliate’ means a business
COLD DRUGS. entity that has a relationship with a second ‘‘(ii) developing and using improved ad-
(a) IN GENERAL.—Subject to subsection (c), business entity if, directly or indirectly— verse event data-collection systems, includ-
the Secretary of Health and Human Services ‘‘(A) one business entity controls, or has ing information technology systems; and
shall, beginning not later than 1 year after the power to control, the other business enti- ‘‘(iii) developing and using improved ana-
the date of enactment of this Act, annually ty; or lytical tools to assess potential safety risks,
submit to the Committee on Energy and ‘‘(B) a third party controls, or has power to including access to external databases.
Commerce of the House of Representatives control, both of the business entities. ‘‘(E) Other activities necessary for imple-
and the Committee on Health, Education, ‘‘(2) The term ‘contract manufacturing or- mentation of section 505G.
Labor, and Pensions of the Senate a letter ganization facility’ means an OTC mono- ‘‘(7) The term ‘OTC monograph order re-
describing the progress of the Food and Drug graph drug facility where neither the owner quest’ means a request for an order sub-
Administration— of such manufacturing facility nor any affil- mitted under section 505G(b)(5).
(1) in evaluating the cough and cold mono- iate of such owner or facility sells the OTC ‘‘(8) The term ‘Tier 1 OTC monograph order
graph described in subsection (b) with re- monograph drug produced at such facility di- request’ means any OTC monograph order re-
spect to children under age 6; and rectly to wholesalers, retailers, or consumers quest not determined to be a Tier 2 OTC
(2) as appropriate, revising such cough and in the United States. monograph order request.
cold monograph to address such children ‘‘(3) The term ‘costs of resources allocated ‘‘(9)(A) The term ‘Tier 2 OTC monograph
through the order process under section for OTC monograph drug activities’ means order request’ means, subject to subpara-
505G(b) of the Federal Food, Drug, and Cos- the expenses in connection with OTC mono- graph (B), an OTC monograph order request
metic Act, as added by section 3851 of this graph drug activities for— for—
subtitle. ‘‘(A) officers and employees of the Food ‘‘(i) the reordering of existing information
(b) COUGH AND COLD MONOGRAPH DE- in the drug facts label of an OTC monograph
and Drug Administration, contractors of the
SCRIBED.—The cough and cold monograph de-
Food and Drug Administration, advisory drug;
scribed in this subsection consists of the con- ‘‘(ii) the addition of information to the
ditions under which nonprescription drugs committees, and costs related to such offi-
cers, employees, and committees and costs other information section of the drug facts
containing antitussive, expectorant, nasal
related to contracts with such contractors; label of an OTC monograph drug, as limited
decongestant, or antihistamine active ingre-
‘‘(B) management of information, and the by section 201.66(c)(7) of title 21, Code of Fed-
dients (or combinations thereof) are gen-
erally recognized as safe and effective, as acquisition, maintenance, and repair of com- eral Regulations (or any successor regula-
specified in part 341 of title 21, Code of Fed- puter resources; tions);
eral Regulations (as in effect immediately ‘‘(C) leasing, maintenance, renovation, and ‘‘(iii) modification to the directions for use
dlhill on DSKBBY8HB2PROD with SENATE
prior to the date of enactment of this Act), repair of facilities and acquisition, mainte- section of the drug facts label of an OTC
and included in an order deemed to be estab- nance, and repair of fixtures, furniture, sci- monograph drug, if such changes conform to
lished under section 505G(b) of the Federal entific equipment, and other necessary ma- changes made pursuant to section
Food, Drug, and Cosmetic Act, as added by terials and supplies; and 505G(c)(3)(A);
section 3851 of this subtitle. ‘‘(D) collecting fees under section 744M and ‘‘(iv) the standardization of the concentra-
(c) DURATION OF AUTHORITY.—The require- accounting for resources allocated for OTC tion or dose of a specific finalized ingredient
ment under subsection (a) shall terminate as monograph drug activities. within a particular finalized monograph;
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2113
‘‘(v) a change to ingredient nomenclature ‘‘(i) FACILITIES THAT CEASE ACTIVITIES.—A ‘‘(E) REFUND OF FEE IF ORDER REQUEST RE-
to align with nomenclature of a standards- fee shall not be assessed under subparagraph FUSED FOR FILING OR WITHDRAWN BEFORE FIL-
setting organization; or (A) if the identified OTC monograph drug fa- ING.—The Secretary shall refund 75 percent
‘‘(vi) addition of an interchangeable term cility— of the fee paid under subparagraph (B) for
in accordance with section 330.1 of title 21, ‘‘(I) has ceased all activities related to any order request which is refused for filing
Code of Federal Regulations (or any suc- OTC monograph drugs prior to December 31 or was withdrawn before being accepted or
cessor regulations). of the year immediately preceding the appli- refused for filing.
‘‘(B) The Secretary may, based on program cable fiscal year; and ‘‘(F) FEES FOR ORDER REQUESTS PREVIOUSLY
implementation experience or other factors ‘‘(II) has updated its registration to reflect REFUSED FOR FILING OR WITHDRAWN BEFORE
found appropriate by the Secretary, charac- such change under the requirements for drug FILING.—An OTC monograph order request
terize any OTC monograph order request as a establishment registration set forth in sec- that was submitted but was refused for fil-
Tier 2 OTC monograph order request (includ- tion 510. ing, or was withdrawn before being accepted
ing recharacterizing a request from Tier 1 to ‘‘(ii) CONTRACT MANUFACTURING ORGANIZA- or refused for filing, shall be subject to the
Tier 2) and publish such determination in a TIONS.—The amount of the fee for a contract full fee under subparagraph (A) upon being
proposed order issued pursuant to section manufacturing organization facility shall be resubmitted or filed over protest.
505G. equal to two-thirds of the amount of the fee ‘‘(G) REFUND OF FEE IF ORDER REQUEST
‘‘(10)(A) The term ‘OTC monograph drug fa- WITHDRAWN.—If an order request is with-
for an OTC monograph drug facility that is
cility’ means a foreign or domestic business not a contract manufacturing organization drawn after the order request was filed, the
or other entity that— Secretary may refund the fee or a portion of
facility.
‘‘(i) is— the fee if no substantial work was performed
‘‘(C) AMOUNT.—The amount of fees estab-
‘‘(I) under one management, either direct on the order request after the application
lished under subparagraph (A) shall be estab-
or indirect; and was filed. The Secretary shall have the sole
lished under subsection (c).
‘‘(II) at one geographic location or address discretion to refund a fee or a portion of the
‘‘(D) DUE DATE.—
engaged in manufacturing or processing the fee under this subparagraph. A determina-
‘‘(i) FOR FIRST PROGRAM YEAR.—For fiscal
finished dosage form of an OTC monograph tion by the Secretary concerning a refund
year 2021, the facility fees required under
drug; under this subparagraph shall not be review-
subparagraph (A) shall be due on the later able.
‘‘(ii) includes a finished dosage form manu- of—
facturer facility in a contractual relation- ‘‘(3) REFUNDS.—
‘‘(I) the first business day of July of 2020; ‘‘(A) IN GENERAL.—Other than refunds pro-
ship with the sponsor of one or more OTC or
monograph drugs to manufacture or process vided pursuant to any of subparagraphs (D)
‘‘(II) 45 calendar days after publication of through (G) of paragraph (2), the Secretary
such drugs; and the Federal Register notice provided for
‘‘(iii) does not include a business or other shall not refund any fee paid under para-
under subsection (c)(4)(A). graph (1) except as provided in subparagraph
entity whose only manufacturing or proc- ‘‘(ii) SUBSEQUENT FISCAL YEARS.—For each
essing activities are one or more of the fol- (B).
fiscal year after fiscal year 2021, the facility ‘‘(B) DISPUTES CONCERNING FEES.—To qual-
lowing: production of clinical research sup- fees required under subparagraph (A) shall be ify for the return of a fee claimed to have
plies, testing, or placement of outer pack- due on the later of— been paid in error under paragraph (1) or (2),
aging on packages containing multiple prod- ‘‘(I) the first business day of June of such a person shall submit to the Secretary a
ucts, for such purposes as creating year; or written request justifying such return within
multipacks, when each monograph drug ‘‘(II) the first business day after the enact- 180 calendar days after such fee was paid.
product contained within the overpackaging ment of an appropriations Act providing for ‘‘(4) NOTICE.—Within the timeframe speci-
is already in a final packaged form prior to the collection and obligation of fees under fied in subsection (c), the Secretary shall
placement in the outer overpackaging. this section for such year. publish in the Federal Register the amount
‘‘(B) For purposes of subparagraph ‘‘(2) OTC MONOGRAPH ORDER REQUEST FEE.— of the fees under paragraph (1) for such fiscal
(A)(i)(II), separate buildings or locations ‘‘(A) IN GENERAL.—Each person that sub- year.
within close proximity are considered to be mits an OTC monograph order request shall ‘‘(b) FEE REVENUE AMOUNTS.—
at one geographic location or address if the be subject to a fee for an OTC monograph ‘‘(1) FISCAL YEAR 2021.—For fiscal year 2021,
activities conducted in such buildings or lo- order request. The amount of such fee shall fees under subsection (a)(1) shall be estab-
cations are— be— lished to generate a total facility fee revenue
‘‘(i) closely related to the same business ‘‘(i) for a Tier 1 OTC monograph order re- amount equal to the sum of—
enterprise; quest, $500,000, adjusted for inflation for the ‘‘(A) the annual base revenue for fiscal
‘‘(ii) under the supervision of the same fiscal year (as determined under subsection year 2021 (as determined under paragraph
local management; and (c)(1)(B)); and (3));
‘‘(iii) under a single FDA establishment ‘‘(ii) for a Tier 2 OTC monograph order re- ‘‘(B) the dollar amount equal to the oper-
identifier and capable of being inspected by quest, $100,000, adjusted for inflation for the ating reserve adjustment for the fiscal year,
the Food and Drug Administration during a fiscal year (as determined under subsection if applicable (as determined under subsection
single inspection. (c)(1)(B)). (c)(2)); and
‘‘(C) If a business or other entity would ‘‘(B) DUE DATE.—The OTC monograph order ‘‘(C) additional direct cost adjustments (as
meet criteria specified in subparagraph (A), request fees required under subparagraph (A) determined under subsection (c)(3)).
but for being under multiple management, shall be due on the date of submission of the ‘‘(2) SUBSEQUENT FISCAL YEARS.—For each
the business or other entity is deemed to OTC monograph order request. of the fiscal years 2022 through 2025, fees
constitute multiple facilities, one per man- ‘‘(C) EXCEPTION FOR CERTAIN SAFETY under subsection (a)(1) shall be established
agement entity, for purposes of this para- CHANGES.—A person who is named as the re- to generate a total facility fee revenue
graph. questor in an OTC monograph order shall not amount equal to the sum of—
‘‘(11) The term ‘OTC monograph drug meet- be subject to a fee under subparagraph (A) if ‘‘(A) the annual base revenue for the fiscal
ing’ means any meeting regarding the con- the Secretary finds that the OTC monograph year (as determined under paragraph (3));
tent of a proposed OTC monograph order re- order request seeks to change the drug facts ‘‘(B) the dollar amount equal to the infla-
quest. labeling of an OTC monograph drug in a way tion adjustment for the fiscal year (as deter-
‘‘(12) The term ‘person’ includes an affil- that would add to or strengthen— mined under subsection (c)(1));
iate of a person. ‘‘(i) a contraindication, warning, or pre- ‘‘(C) the dollar amount equal to the oper-
‘‘(13) The terms ‘requestor’ and ‘sponsor’ caution; ating reserve adjustment for the fiscal year,
have the meanings given such terms in sec- ‘‘(ii) a statement about risk associated if applicable (as determined under subsection
tion 505G. with misuse or abuse; or (c)(2));
‘‘SEC. 744M. AUTHORITY TO ASSESS AND USE OTC ‘‘(iii) an instruction about dosage and ad- ‘‘(D) additional direct cost adjustments (as
MONOGRAPH FEES. ministration that is intended to increase the determined under subsection (c)(3)); and
‘‘(a) TYPES OF FEES.—Beginning with fiscal safe use of the OTC monograph drug. ‘‘(E) additional dollar amounts for each fis-
year 2021, the Secretary shall assess and col- ‘‘(D) REFUND OF FEE IF ORDER REQUEST IS cal year as follows:
lect fees in accordance with this section as RECATEGORIZED AS A TIER 2 OTC MONOGRAPH ‘‘(i) $7,000,000 for fiscal year 2022.
follows: ORDER REQUEST.—If the Secretary determines ‘‘(ii) $6,000,000 for fiscal year 2023.
‘‘(1) FACILITY FEE.— that an OTC monograph request initially ‘‘(iii) $7,000,000 for fiscal year 2024.
‘‘(A) IN GENERAL.—Each person that owns a characterized as Tier 1 shall be re-character- ‘‘(iv) $3,000,000 for fiscal year 2025.
dlhill on DSKBBY8HB2PROD with SENATE
facility identified as an OTC monograph drug ized as a Tier 2 OTC monograph order re- ‘‘(3) ANNUAL BASE REVENUE.—For purposes
facility on December 31 of the fiscal year or quest, and the requestor has paid a Tier 1 fee of paragraphs (1)(A) and (2)(A), the dollar
at any time during the preceding 12-month in accordance with subparagraph (A)(i), the amount of the annual base revenue for a fis-
period shall be assessed an annual fee for Secretary shall refund the requestor the dif- cal year shall be—
each such facility as determined under sub- ference between the Tier 1 and Tier 2 fees de- ‘‘(A) for fiscal year 2021, $8,000,000; and
section (c). termined under subparagraphs (A)(i) and ‘‘(B) for fiscal years 2022 through 2025, the
‘‘(B) EXCEPTIONS.— (A)(ii), respectively. dollar amount of the total revenue amount
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2114 CONGRESSIONAL RECORD — SENATE March 25, 2020
established under this subsection for the pre- fees shall be contained in the annual Federal ‘‘(1) IN GENERAL.—Fees authorized under
vious fiscal year, not including any adjust- Register notice under paragraph (4) estab- subsection (a) shall be collected and avail-
ments made under subsection (c)(2) or (c)(3). lishing fee revenue and fees for the fiscal able for obligation only to the extent and in
‘‘(c) ADJUSTMENTS; ANNUAL FEE SETTING.— year involved. the amount provided in advance in appro-
‘‘(1) INFLATION ADJUSTMENT.— ‘‘(3) ADDITIONAL DIRECT COST ADJUST- priations Acts. Such fees are authorized to
‘‘(A) IN GENERAL.—For purposes of sub- MENT.—The Secretary shall, in addition to remain available until expended. Such sums
section (b)(2)(B), the dollar amount of the in- adjustments under paragraphs (1) and (2), as may be necessary may be transferred from
flation adjustment to the annual base rev- further increase the fee revenue and fees for the Food and Drug Administration salaries
enue for fiscal year 2022 and each subsequent purposes of subsection (b)(2)(D) by an and expenses appropriation account without
fiscal year shall be equal to the product of— amount equal to— fiscal year limitation to such appropriation
‘‘(i) such annual base revenue for the fiscal ‘‘(A) $14,000,000 for fiscal year 2021; account for salaries and expenses with such
year under subsection (b)(2); and ‘‘(B) $7,000,000 for fiscal year 2022; fiscal year limitation. The sums transferred
‘‘(ii) the inflation adjustment percentage ‘‘(C) $4,000,000 for fiscal year 2023; shall be available solely for OTC monograph
under subparagraph (C). ‘‘(D) $3,000,000 for fiscal year 2024; and drug activities.
‘‘(B) OTC MONOGRAPH ORDER REQUEST ‘‘(E) $3,000,000 for fiscal year 2025. ‘‘(2) COLLECTIONS AND APPROPRIATION
FEES.—For purposes of subsection (a)(2), the ‘‘(4) ANNUAL FEE SETTING.— ACTS.—
dollar amount of the inflation adjustment to ‘‘(A) FISCAL YEAR 2021.—The Secretary ‘‘(A) IN GENERAL.—Subject to subparagraph
the fee for OTC monograph order requests for shall, not later than the second Monday in (C), the fees authorized by this section shall
fiscal year 2022 and each subsequent fiscal May of 2020— be collected and available in each fiscal year
year shall be equal to the product of— ‘‘(i) establish OTC monograph drug facility in an amount not to exceed the amount spec-
‘‘(i) the applicable fee under subsection fees for fiscal year 2021 under subsection (a), ified in appropriation Acts, or otherwise
(a)(2) for the preceding fiscal year; and based on the revenue amount for such year made available for obligation, for such fiscal
‘‘(ii) the inflation adjustment percentage under subsection (b) and the adjustments year.
under subparagraph (C). provided under this subsection; and ‘‘(B) USE OF FEES AND LIMITATION.—The
‘‘(C) INFLATION ADJUSTMENT PERCENTAGE.— ‘‘(ii) publish fee revenue, facility fees, and fees authorized by this section shall be avail-
The inflation adjustment percentage under OTC monograph order requests in the Fed- able to defray increases in the costs of the
this subparagraph for a fiscal year is equal eral Register. resources allocated for OTC monograph drug
to— ‘‘(B) SUBSEQUENT FISCAL YEARS.—The Sec- activities (including increases in such costs
‘‘(i) for each of fiscal years 2022 and 2023, retary shall, for each fiscal year that begins for an additional number of full-time equiva-
the average annual percent change that oc- after September 30, 2021, not later than the lent positions in the Department of Health
curred in the Consumer Price Index for second Monday in March that precedes such and Human Services to be engaged in such
urban consumers (Washington-Baltimore, fiscal year— activities), only if the Secretary allocates
DC–MD–VA–WV; Not Seasonally Adjusted; ‘‘(i) establish for such fiscal year, based on for such purpose an amount for such fiscal
All items; Annual Index) for the first 3 years the revenue amounts under subsection (b) year (excluding amounts from fees collected
of the preceding 4 years of available data; and the adjustments provided under this sub- under this section) no less than $12,000,000,
and section— multiplied by the adjustment factor applica-
‘‘(ii) for each of fiscal years 2024 and 2025, ‘‘(I) OTC monograph drug facility fees ble to the fiscal year involved under sub-
the sum of— under subsection (a)(1); and section (c)(1).
‘‘(I) the average annual percent change in ‘‘(II) OTC monograph order request fees
the cost, per full-time equivalent position of ‘‘(C) COMPLIANCE.—The Secretary shall be
under subsection (a)(2); and considered to have met the requirements of
the Food and Drug Administration, of all ‘‘(ii) publish such fee revenue amounts, fa-
personnel compensation and benefits paid subparagraph (B) in any fiscal year if the
cility fees, and OTC monograph order re- costs funded by appropriations and allocated
with respect to such positions for the first 3 quest fees in the Federal Register.
years of the preceding 4 fiscal years, multi- for OTC monograph drug activities are not
‘‘(d) IDENTIFICATION OF FACILITIES.—Each more than 15 percent below the level speci-
plied by the proportion of personnel com- person that owns an OTC monograph drug fa-
pensation and benefits costs to total costs of fied in such subparagraph.
cility shall submit to the Secretary the in-
OTC monograph drug activities for the first ‘‘(D) PROVISION FOR EARLY PAYMENTS IN
formation required under this subsection
3 years of the preceding 4 fiscal years; and SUBSEQUENT YEARS.—Payment of fees author-
each year. Such information shall, for each
‘‘(II) the average annual percent change ized under this section for a fiscal year (after
fiscal year—
that occurred in the Consumer Price Index fiscal year 2021), prior to the due date for
‘‘(1) be submitted as part of the require-
for urban consumers (Washington-Baltimore, such fees, may be accepted by the Secretary
ments for drug establishment registration
DC–MD–VA–WV; Not Seasonally Adjusted; in accordance with authority provided in ad-
set forth in section 510; and
All items; Annual Index) for the first 3 years vance in a prior year appropriations Act.
‘‘(2) include for each such facility, at a
of the preceding 4 years of available data ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
minimum, identification of the facility’s
multiplied by the proportion of all costs For each of the fiscal years 2021 through 2025,
business operation as that of an OTC mono-
other than personnel compensation and ben- there is authorized to be appropriated for
graph drug facility.
efits costs to total costs of OTC monograph ‘‘(e) EFFECT OF FAILURE TO PAY FEES.— fees under this section an amount equal to
drug activities for the first 3 years of the ‘‘(1) OTC MONOGRAPH DRUG FACILITY FEE.— the total amount of fees assessed for such
preceding 4 fiscal years. ‘‘(A) IN GENERAL.—Failure to pay the fee fiscal year under this section.
‘‘(2) OPERATING RESERVE ADJUSTMENT.— ‘‘(g) COLLECTION OF UNPAID FEES.—In any
under subsection (a)(1) within 20 calendar
‘‘(A) IN GENERAL.—For fiscal year 2021 and case where the Secretary does not receive
days of the due date as specified in subpara-
subsequent fiscal years, for purposes of sub- payment of a fee assessed under subsection
graph (D) of such subsection shall result in
sections (b)(1)(B) and (b)(2)(C), the Secretary (a) within 30 calendar days after it is due,
the following: such fee shall be treated as a claim of the
may, in addition to adjustments under para- ‘‘(i) The Secretary shall place the facility United States Government subject to sub-
graph (1), further increase the fee revenue on a publicly available arrears list. chapter II of chapter 37 of title 31, United
and fees if such an adjustment is necessary ‘‘(ii) All OTC monograph drugs manufac- States Code.
to provide operating reserves of carryover tured in such a facility or containing an in- ‘‘(h) CONSTRUCTION.—This section may not
user fees for OTC monograph drug activities gredient manufactured in such a facility be construed to require that the number of
for not more than the number of weeks spec- shall be deemed misbranded under section full-time equivalent positions in the Depart-
ified in subparagraph (B). 502(ff). ment of Health and Human Services, for offi-
‘‘(B) NUMBER OF WEEKS.—The number of ‘‘(B) APPLICATION OF PENALTIES.—The pen- cers, employers, and advisory committees
weeks specified in this subparagraph is— alties under this paragraph shall apply until not engaged in OTC monograph drug activi-
‘‘(i) 3 weeks for fiscal year 2021; the fee established by subsection (a)(1) is ties, be reduced to offset the number of offi-
‘‘(ii) 7 weeks for fiscal year 2022; paid. cers, employees, and advisory committees so
‘‘(iii) 10 weeks for fiscal year 2023; ‘‘(2) ORDER REQUESTS.—An OTC monograph engaged.
‘‘(iv) 10 weeks for fiscal year 2024; and order request submitted by a person subject ‘‘SEC. 744N. REAUTHORIZATION; REPORTING RE-
‘‘(v) 10 weeks for fiscal year 2025. to fees under subsection (a) shall be consid- QUIREMENTS.
‘‘(C) DECREASE.—If the Secretary has car- ered incomplete and shall not be accepted for ‘‘(a) PERFORMANCE REPORT.—Beginning
ryover balances for such process in excess of filing by the Secretary until all fees owed by with fiscal year 2021, and not later than 120
10 weeks of the operating reserves referred to such person under this section have been calendar days after the end of each fiscal
in subparagraph (A), the Secretary shall de- paid. year thereafter for which fees are collected
dlhill on DSKBBY8HB2PROD with SENATE
crease the fee revenue and fees referred to in ‘‘(3) MEETINGS.—A person subject to fees under this part, the Secretary shall prepare
such subparagraph to provide for not more under this section shall be considered ineli- and submit to the Committee on Energy and
than 10 weeks of such operating reserves. gible for OTC monograph drug meetings Commerce of the House of Representatives
‘‘(D) RATIONALE FOR ADJUSTMENT.—If an until all such fees owed by such person have and the Committee on Health, Education,
adjustment under this paragraph is made, been paid. Labor, and Pensions of the Senate a report
the rationale for the amount of the increase ‘‘(f) CREDITING AND AVAILABILITY OF concerning the progress of the Food and
or decrease (as applicable) in fee revenue and FEES.— Drug Administration in achieving the goals
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2115
identified in the letters described in section directly as a result of coronavirus, as deter- financial system that supports lending to eli-
3861(b) of the CARES Act during such fiscal mined by the Secretary. gible businesses, States, or municipalities
year and the future plans of the Food and (4) ELIGIBLE BUSINESS.—The term ‘‘eligible by—
Drug Administration for meeting such goals. business’’ means— (A) purchasing obligations or other inter-
‘‘(b) FISCAL REPORT.—Not later than 120 (A) an air carrier; or ests directly from issuers of such obligations
calendar days after the end of fiscal year 2021 (B) a United States business that has not or other interests;
and each subsequent fiscal year for which otherwise received adequate economic relief (B) purchasing obligations or other inter-
fees are collected under this part, the Sec- in the form of loans or loan guarantees pro- ests in secondary markets or otherwise; or
retary shall prepare and submit to the Com- vided under this Act. (C) making loans, including loans or other
mittee on Energy and Commerce of the (5) EMPLOYEE.—Except where the context advances secured by collateral.
House of Representatives and the Committee otherwise requires, the term ‘‘employee’’— (c) TERMS AND CONDITIONS.—
on Health, Education, Labor, and Pensions of (A) has the meaning given the term in sec- (1) IN GENERAL.—
the Senate a report on the implementation tion 2 of the National Labor Relations Act (A) FORMS; TERMS AND CONDITIONS.—A loan,
of the authority for such fees during such fis- (29 U.S.C. 152); and loan guarantee, or other investment by the
cal year and the use, by the Food and Drug (B) includes any individual employed by an Secretary shall be made under this section in
Administration, of the fees collected for such employer subject to the Railway Labor Act such form and on such terms and conditions
fiscal year. (45 U.S.C. 151 et seq.). and contain such covenants, representations,
‘‘(c) PUBLIC AVAILABILITY.—The Secretary (6) EQUITY SECURITY; EXCHANGE.—The terms warranties, and requirements (including re-
shall make the reports required under sub- ‘‘equity security’’ and ‘‘exchange’’ have the quirements for audits) as the Secretary de-
sections (a) and (b) available to the public on meanings given the terms in section 3(a) of termines appropriate. Any loans made by the
the internet website of the Food and Drug the Securities Exchange Act of 1934 (15 Secretary under this section shall be at a
Administration. U.S.C. 78c(a)). rate determined by the Secretary based on
‘‘(d) REAUTHORIZATION.— (7) MUNICIPALITY.—The term ‘‘munici- the risk and the current average yield on
‘‘(1) CONSULTATION.—In developing rec- pality’’ includes— outstanding marketable obligations of the
ommendations to present to the Congress (A) a political subdivision of a State, and United States of comparable maturity.
with respect to the goals described in sub- (B) an instrumentality of a municipality, a (B) PROCEDURES.—As soon as practicable,
section (a), and plans for meeting the goals, State, or a political subdivision of a State. but in no case later than 10 days after the
for OTC monograph drug activities for the (8) NATIONAL SECURITIES EXCHANGE.—The date of enactment of this Act, the Secretary
first 5 fiscal years after fiscal year 2025, and term ‘‘national securities exchange’’ means shall publish procedures for application and
for the reauthorization of this part for such an exchange registered as a national securi- minimum requirements, which may be sup-
fiscal years, the Secretary shall consult ties exchange under section 6 of the Securi- plemented by the Secretary in the Sec-
with— ties Exchange Act of 1934 (15 U.S.C. 78f). retary’s discretion, for making loans, loan
‘‘(A) the Committee on Energy and Com- (9) SECRETARY.—The term ‘‘Secretary’’ guarantees, or other investments under para-
merce of the House of Representatives; means the Secretary of the Treasury, or the graphs (1), (2) and (3) of subsection (b) .
‘‘(B) the Committee on Health, Education, designee of the Secretary of the Treasury. (2) LOANS AND LOAN GUARANTEES .—The
Labor, and Pensions of the Senate; (10) STATE.—The term ‘‘State’’ means— Secretary may enter into agreements to
‘‘(C) scientific and academic experts; (A) any of the several States; make loans or loan guarantees to 1 or more
‘‘(D) health care professionals; (B) the District of Columbia; eligible businesses under paragraphs (1), (2)
‘‘(E) representatives of patient and con- (C) any of the territories and possessions of and (3) of subsection (b) if the Secretary de-
sumer advocacy groups; and the United States; termines that, in the Secretary’s discre-
‘‘(F) the regulated industry. (D) any bi-State or multi-State entity; and tion—
‘‘(2) PUBLIC REVIEW OF RECOMMENDATIONS.— (E) any Indian Tribe. (A) the applicant is an eligible business for
After negotiations with the regulated indus- SEC. 4003. EMERGENCY RELIEF AND TAXPAYER
which credit is not reasonably available at
try, the Secretary shall— PROTECTIONS.
the time of the transaction;
‘‘(A) present the recommendations devel- (a) IN GENERAL.—Notwithstanding any
(B) the intended obligation by the appli-
oped under paragraph (1) to the congres- other provision of law, to provide liquidity
cant is prudently incurred;
sional committees specified in such para- to eligible businesses, States, and munici-
(C) the loan or loan guarantee is suffi-
graph; palities related to losses incurred as a result
of coronavirus, the Secretary is authorized ciently secured or is made at a rate that—
‘‘(B) publish such recommendations in the
to make loans, loan guarantees, and other (i) reflects the risk of the loan or loan
Federal Register;
investments in support of eligible businesses, guarantee; and
‘‘(C) provide for a period of 30 calendar
States, and municipalities that do not, in (ii) is to the extent practicable, not less
days for the public to provide written com-
the aggregate, exceed $500,000,000,000 and pro- than an interest rate based on market condi-
ments on such recommendations;
vide the subsidy amounts necessary for such tions for comparable obligations prevalent
‘‘(D) hold a meeting at which the public
loans, loan guarantees, and other invest- prior to the outbreak of the coronavirus dis-
may present its views on such recommenda-
ments in accordance with the provisions of ease 2019 (COVID–19);
tions; and
the Federal Credit Reform Act of 1990 (2 (D) the duration of the loan or loan guar-
‘‘(E) after consideration of such public
U.S.C. 661 et seq.). antee is as short as practicable and in any
views and comments, revise such rec-
(b) LOANS, LOAN GUARANTEES, AND OTHER case not longer than 5 years;
ommendations as necessary.
INVESTMENTS.—Loans, loan guarantees, and (E) the agreement provides that, until the
‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.—
other investments made pursuant to sub- date 12 months after the date the loan or
Not later than January 15, 2025, the Sec-
section (a) shall be made available as fol- loan guarantee is no longer outstanding, nei-
retary shall transmit to the Congress the re-
lows: ther the eligible business nor any affiliate of
vised recommendations under paragraph (2),
(1) Not more than $25,000,000,000 shall be the eligible business may purchase an equity
a summary of the views and comments re-
available to make loans and loan guarantees security that is listed on a national securi-
ceived under such paragraph, and any
for passenger air carriers, eligible businesses ties exchange of the eligible business or any
changes made to the recommendations in re-
that are certified under part 145 of title 14, parent company of the eligible business, ex-
sponse to such views and comments.’’.
Code of Federal Regulations, and approved to cept to the extent required under a contrac-
TITLE IV—ECONOMIC STABILIZATION perform inspection, repair, replace, or over- tual obligation in effect as of the date of en-
AND ASSISTANCE TO SEVERELY DIS- haul services, and ticket agents (as defined actment of this Act;
TRESSED SECTORS OF THE UNITED in section 40102 of title 49, United States (F) the agreement provides that, until the
STATES ECONOMY Code). date 12 months after the date the loan or
Subtitle A—Coronavirus Economic (2) Not more than $4,000,000,000 shall be loan guarantee is no longer outstanding, the
Stabilization Act of 2020 available to make loans and loan guarantees eligible business shall not pay dividends or
SEC. 4001. SHORT TITLE. for cargo air carriers. make other capital distributions with re-
This subtitle may be cited as the (3) Not more than $17,000,000,000 shall be spect to the common stock of the eligible
‘‘Coronavirus Economic Stabilization Act of available to make loans and loan guarantees business;
2020’’. for businesses critical to maintaining na- (G) the agreement provides that, until Sep-
SEC. 4002. DEFINITIONS. tional security. tember 30, 2020, the eligible business shall
In this subtitle: (4) Not more than the sum of maintain its employment levels as of March
(1) AIR CARRIER.—The term ‘‘air carrier’’ $454,000,000,000 and any amounts available 24, 2020, to the extent practicable, and in any
dlhill on DSKBBY8HB2PROD with SENATE
has the meaning such term has under section under paragraphs (1), (2), and (3) that are not case shall not reduce its employment levels
40102 of title 49, United States Code. used as provided under those paragraphs by more than 10 percent from the levels on
(2) CORONAVIRUS.—The term ‘‘coronavirus’’ shall be available to make loans and loan such date;
means SARS-CoV-2 or another coronavirus guarantees to, and other investments in, pro- (H) the agreement includes a certification
with pandemic potential. grams or facilities established by the Board by the eligible business that it is created or
(3) COVERED LOSS.—The term ‘‘covered of Governors of the Federal Reserve System organized in the United States or under the
loss’’ includes losses incurred directly or in- for the purpose of providing liquidity to the laws of the United States and has significant
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2116 CONGRESSIONAL RECORD — SENATE March 25, 2020
operations in and a majority of its employ- provides financing to banks and other lend- under paragraph (1), (2), or (3) of subsection
ees based in the United States; and ers that make direct loans to eligible busi- (b) unless—
(I) for purposes of a loan or loan guarantee nesses including, to the extent practicable, (A)(i) the eligible business has issued secu-
under paragraphs (1), (2), and (3) of sub- nonprofit organizations, with between 500 rities that are traded on a national securi-
section (b), the eligible business must have and 10,000 employees, with such direct loans ties exchange; and
incurred or is expected to incur covered being subject to an annualized interest rate (ii) the Secretary receives a warrant or eq-
losses such that the continued operations of that is not higher than 2 percent per annum. uity interest in the eligible business; or
the business are jeopardized, as determined For the first 6 months after any such direct (B) in the case of any eligible business
by the Secretary. loan is made, or for such longer period as the other than an eligible business described in
(3) FEDERAL RESERVE PROGRAMS OR FACILI- Secretary may determine in his discretion, subparagraph (A), the Secretary receives, in
TIES.— no principal or interest shall be due and pay- the discretion of the Secretary—
(A) TERMS AND CONDITIONS.— able. Any eligible borrower applying for a di- (i) a warrant or equity interest in the eligi-
(i) DEFINITION.—In this paragraph, the rect loan under this program shall make a ble business; or
term ‘‘direct loan’’ means a loan under a bi- good-faith certification that— (ii) a senior debt instrument issued by the
lateral loan agreement that is — (I) the uncertainty of economic conditions eligible business.
(I) entered into directly with an eligible as of the date of the application makes nec- (2) TERMS AND CONDITIONS.—The terms and
business as borrower; and essary the loan request to support the ongo- conditions of any warrant, equity interest,
(II) not part of a syndicated loan, a loan ing operations of the recipient; or senior debt instrument received under
originated by a financial institution in the (II) the funds it receives will be used to re- paragraph (1) shall be set by the Secretary
ordinary course of business, or a securities tain at least 90 percent of the recipient’s and shall meet the following requirements:
or capital markets transaction. workforce, at full compensation and bene- (A) PURPOSES.—Such terms and conditions
(ii) RESTRICTIONS.—The Secretary may fits, until September 30, 2020; shall be designed to provide for a reasonable
make a loan, loan guarantee, or other invest- (III) the recipient intends to restore not participation by the Secretary, for the ben-
ment under subsection (b)(4) as part of a pro- less than 90 percent of the workforce of the efit of taxpayers, in equity appreciation in
gram or facility that provides direct loans recipient that existed as of February 1, 2020, the case of a warrant or other equity inter-
only if the applicable eligible businesses and to restore all compensation and benefits est, or a reasonable interest rate premium,
agree— to the workers of the recipient no later than in the case of a debt instrument.
(I) until the date 12 months after the date 4 months after the termination date of the (B) AUTHORITY TO SELL, EXERCISE, OR SUR-
on which the direct loan is no longer out- public health emergency declared by the RENDER.—For the primary benefit of tax-
standing, not to repurchase an equity secu- Secretary of Health and Human Services on payers, the Secretary may sell, exercise, or
rity that is listed on a national securities ex- January 31, 2020, under section 319 of the surrender a warrant or any senior debt in-
change of the eligible business or any parent Public Health Services Act (42 U.S.C. 247d) in strument received under this subsection. The
company of the eligible business while the response to COVID–19; Secretary shall not exercise voting power
direct loan is outstanding, except to the ex- (IV) the recipient is an entity or business with respect to any shares of common stock
tent required under a contractual obligation that is domiciled in the United States with acquired under this section.
that is in effect as of the date of enactment significant operations and employees located (C) SUFFICIENCY.—If the Secretary deter-
of this Act; in the United States;
mines that the eligible business cannot fea-
(II) until the date 12 months after the date (V) the recipient is not a debtor in a bank-
sibly issue warrants or other equity interests
on which the direct loan is no longer out- ruptcy proceeding;
as required by this subsection, the Secretary
standing, not to pay dividends or make other (VI) the recipient is created or organized in
may accept a senior debt instrument in an
capital distributions with respect to the the United States or under the laws of the
amount and on such terms as the Secretary
common stock of the eligible business; and United States and has significant operations
deems appropriate.
(III) to comply with the limitations on in and a majority of its employees based in
(3) PROHIBITION ON LOAN FORGIVENESS.—The
compensation set forth in section 4004. the United States;
principal amount of any obligation issued by
(iii) WAIVER.—The Secretary may waive (VII) the recipient will not pay dividends
the requirement under clause (ii) with re- an eligible business, State, or municipality
with respect to the common stock of the eli-
spect to any program or facility upon a de- gible business, or repurchase an equity secu- under a program described in subsection (b)
termination that such waiver is necessary to rity that is listed on a national securities ex- shall not be reduced through loan forgive-
protect the interests of the Federal Govern- change of the recipient or any parent com- ness.
ment. If the Secretary exercises a waiver pany of the recipient while the direct loan is (e) DEPOSIT OF PROCEEDS.—Amounts col-
under this clause, the Secretary shall make outstanding, except to the extent required lected under subsection (b) shall be deposited
himself available to testify before the Com- under a contractual obligation that is in ef- in the following order of priority:
mittee on Banking, Housing, and Urban Af- fect as of the date of enactment of this Act; (1) Into the financing accounts established
fairs of the Senate and the Committee on Fi- (VIII) the recipient will not outsource or under section 505 of the Federal Credit Re-
nancial Services of the House of Representa- offshore jobs for the term of the loan and 2 form Act of 1990 (2 U.S.C. 661d) to implement
tives regarding the reasons for the waiver. years after completing repayment of the this subtitle, up to an amount equal to the
(B) FEDERAL RESERVE ACT TAXPAYER PRO- loan; sum of—
TECTIONS AND OTHER REQUIREMENTS APPLY.— (IX) the recipient will not abrogate exist- (A) the amount transferred from the appro-
For the avoidance of doubt, any applicable ing collective bargaining agreements for the priation made under section 4027 to the fi-
requirements under section 13(3) of the Fed- term of the loan and 2 years after completing nancing accounts; and
eral Reserve Act (12 U.S.C. 343(3)), including repayment of the loan; and (B) the amount necessary to repay any
requirements relating to loan (X) that the recipient will remain neutral amount lent from the Treasury to such fi-
collateralization, taxpayer protection, and in any union organizing effort for the term nancing accounts.
borrower solvency, shall apply with respect of the loan. (2) After the deposits specified in para-
to any program or facility described in sub- (ii) MAIN STREET LENDING PROGRAM.—Noth- graph (1) of this subsection have been made,
section (b)(4). ing in this subparagraph shall limit the dis- into the Federal Old-Age and Survivors In-
(C) UNITED STATES BUSINESSES.—A program cretion of the Board of Governors of the Fed- surance Trust Fund established under sec-
or facility in which the Secretary makes a eral Reserve System to establish a Main tion 201(a) of the Social Security Act (42
loan, loan guarantee, or other investment Street Lending Program or other similar U.S.C. 401).
under subsection (b)(4) shall only purchase program or facility that supports lending to (f) ADMINISTRATIVE PROVISIONS.—Notwith-
obligations or other interests (other than se- small and mid-sized businesses on such terms standing any other provision of law, the Sec-
curities that are based on an index or that and conditions as the Board may set con- retary may use not greater than $100,000,000
are based on a diversified pool of securities) sistent with section 13(3) of the Federal Re- of the funds made available under section
from, or make loans or other advances to, serve Act (12 U.S.C. 343(3)), including any 4027 to pay costs and administrative ex-
businesses that are created or organized in such program in which the Secretary makes penses associated with the loans, loan guar-
the United States or under the laws of the a loan, loan guarantee, or other investment antees, and other investments authorized
United States and that have significant oper- under subsection (b)(4). under this section. The Secretary is author-
ations in and a majority of its employees (E) GOVERNMENT PARTICIPANTS.—The Sec- ized to take such actions as the Secretary
based in the United States. retary shall endeavor to seek the implemen- deems necessary to carry out the authorities
(D) ASSISTANCE FOR MID-SIZED BUSI- tation of a program or facility in accordance in this subtitle, including, without limita-
NESSES.— with subsection (b)(4) that provides liquidity tion—
dlhill on DSKBBY8HB2PROD with SENATE
(i) IN GENERAL.—Without limiting the to the financial system that supports lending (1) using direct hiring authority to hire
terms and conditions of the programs and fa- to States and municipalities. employees to administer this subtitle;
cilities that the Secretary may otherwise (d) FINANCIAL PROTECTION OF GOVERN- (2) entering into contracts, including con-
provide financial assistance to under sub- MENT.— tracts for services authorized by this sub-
section (b)(4), the Secretary shall endeavor (1) WARRANT OR SENIOR DEBT INSTRUMENT.— title;
to seek the implementation of a program or The Secretary may not issue a loan to, or a (3) establishing vehicles that are author-
facility described in subsection (b)(4) that loan guarantee for, an eligible business ized, subject to supervision by the Secretary,
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2117
to purchase, hold, and sell assets and issue ble business to an officer or employee of the shall include a maximum amount of out-
obligations; and eligible business. standing debt that is guaranteed.’’.
(4) issuing such regulations and other guid- SEC. 4005. CONTINUATION OF CERTAIN AIR SERV- (b) FEDERAL CREDIT UNION TRANSACTION
ance as may be necessary or appropriate to ICE. ACCOUNT GUARANTEES.—Notwithstanding
carry out the authorities or purposes of this The Secretary of Transportation is author- any other provision of law and in coordina-
subtitle. ized to require, to the extent reasonable and tion with the Federal Deposit Insurance Cor-
(g) FINANCIAL AGENTS.—The Secretary is practicable, an air carrier receiving loans poration, the National Credit Union Admin-
authorized to designate financial institu- and loan guarantees under section 4003 to istration Board may by a vote of the Board
tions, including but not limited to, deposi- maintain scheduled air transportation serv- increase to unlimited, or such lower amount
tories, brokers, dealers, and other institu- ice as the Secretary of Transportation deems as the Board approves, the share insurance
tions, as financial agents of the United necessary to ensure services to any point coverage provided by the National Credit
States. Such institutions shall— served by that carrier before March 1, 2020. Union Share Insurance Fund on any non-
(1) perform all reasonable duties the Sec- When considering whether to exercise the interest-bearing transaction account in any
retary determines necessary to respond to authority granted by this section, the Sec- federally insured credit union without excep-
the coronavirus; and retary of Transportation shall take into con- tion, provided that any such increase shall
(2) be paid for such duties using appropria- sideration the air transportation needs of terminate not later than December 31, 2020.
tions available to the Secretary to reimburse small and remote communities and the need SEC. 4009. TEMPORARY GOVERNMENT IN THE
financial institutions in their capacity as fi- to maintain well-functioning health care and SUNSHINE ACT RELIEF.
nancial agents of the United States. pharmaceutical supply chains, including for (a) IN GENERAL.—Except as provided in
(h) LOANS MADE BY OR GUARANTEED BY THE medical devices and supplies. The authority subsection (b), notwithstanding any other
DEPARTMENT OF THE TREASURY TREATED AS under this section, including any require- provision of law, if the Chairman of the
INDEBTEDNESS FOR TAX PURPOSES.— ment issued by the Secretary under this sec- Board of Governors of the Federal Reserve
(1) IN GENERAL.—Any loan made by or tion, shall terminate on March 1, 2022. System determines, in writing, that unusual
guaranteed by the Department of the Treas- SEC. 4006. COORDINATION WITH SECRETARY OF and exigent circumstances exist, the Board
ury under this section shall be treated as in- TRANSPORTATION.
may conduct meetings without regard to the
debtedness for purposes of the Internal Rev- In implementing this subtitle with respect requirements of section 552b of title 5,
enue Code of 1986, shall be treated as issued to air carriers, the Secretary shall coordi- United States Code, during the period begin-
for its stated principal amount, and stated nate with the Secretary of Transportation. ning on the date of enactment of this Act
interest on such loans shall be treated as SEC. 4007. SUSPENSION OF CERTAIN AVIATION and ending on the earlier of—
qualified stated interest. EXCISE TAXES.
(1) the date on which the national emer-
(2) REGULATIONS OR GUIDANCE.—The Sec- (a) TRANSPORTATION BY AIR.—In the case of
gency concerning the novel coronavirus dis-
retary of the Treasury (or the Secretary’s any amount paid for transportation by air
ease (COVID–19) outbreak declared by the
delegate) shall prescribe such regulations or (including any amount treated as paid for
President on March 13, 2020 under the Na-
guidance as may be necessary or appropriate transportation by air by reason of section
tional Emergencies Act (50 U.S.C. 1601 et
to carry out the purposes of this section, in- 4261(e)(3) of the Internal Revenue Code of
seq.) terminates; or
cluding guidance providing that the acquisi- 1986) during the excise tax holiday period, no
(2) December 31, 2020.
tion of warrants, stock options, common or tax shall be imposed under section 4261 or (b) RECORDS.—The Board of Governors of
preferred stock or other equity under this 4271 of such Code. The preceding sentence the Federal Reserve System shall keep a
section does not result in an ownership shall not apply to amounts paid on or before record of all Board votes and the reasons for
change for purposes of section 382 of the In- the date of the enactment of this Act. such votes during the period described in
ternal Revenue Code of 1986. (b) USE OF KEROSENE IN COMMERCIAL AVIA-
subsection (a).
SEC. 4004. LIMITATION ON CERTAIN EMPLOYEE TION.—In the case of kerosene used in com-
SEC. 4010. TEMPORARY HIRING FLEXIBILITY.
COMPENSATION. mercial aviation (as defined in section 4083 of
the Internal Revenue Code of 1986) during the (a) DEFINITION.—In this section, the term
(a) IN GENERAL.—The Secretary may only
enter into an agreement with an eligible excise tax holiday period— ‘‘covered period’’ means the period beginning
business to make a loan or loan guarantee (1) no tax shall be imposed on such ker- on the date of enactment of this Act and
under paragraph (1), (2) or (3) of section osene under— ending on the sooner of—
4003(b) if such agreement provides that, dur- (A) section 4041(c) of the Internal Revenue (1) the termination date of the national
ing the period beginning on the date on Code of 1986, or emergency concerning the novel coronavirus
which the agreement is executed and ending (B) section 4081 of such Code (other than at disease (COVID–19) outbreak declared by the
on the date that is 1 year after the date on the rate provided in subsection (a)(2)(B) President on March 13, 2020 under the Na-
which the loan or loan guarantee is no thereof), and tional Emergencies Act (50 U.S.C. 1601 et
longer outstanding— (2) section 6427(l) of such Code shall be ap- seq.); or
(1) no officer or employee of the eligible plied— (2) December 31, 2020.
business whose total compensation exceeded (A) by treating such use as a nontaxable (b) AUTHORITY.— During the covered pe-
$425,000 in calendar year 2019 (other than an use, and riod, the Secretary of Housing and Urban De-
employee whose compensation is determined (B) without regard to paragraph (4)(A)(ii) velopment, the Securities and Exchange
through an existing collective bargaining thereof. Commission, and the Commodity Futures
agreement entered into prior to March 1, (c) EXCISE TAX HOLIDAY PERIOD.—For pur- Trading Commission may, without regard to
2020)— poses of this section, the term ‘‘excise tax sections 3309 through 3318 of title 5, United
(A) will receive from the eligible business holiday period’’ means the period beginning States Code, recruit and appoint candidates
total compensation which exceeds, during after the date of the enactment of this sec- to fill temporary and term appointments
any 12 consecutive months of such period, tion and ending before January 1, 2021. within their respective agencies upon a de-
the total compensation received by the offi- SEC. 4008. DEBT GUARANTEE AUTHORITY. termination that those expedited procedures
cer or employee from the eligible business in (a) Section 1105 of the Dodd-Frank Wall are necessary and appropriate to enable the
calendar year 2019; or Street Reform and Consumer Protection Act respective agencies to prevent, prepare for,
(B) will receive from the eligible business (12 U.S.C. 5612) is amended— or respond to COVID–19.
severance pay or other benefits upon termi- (1) in subsection (f)— SEC. 4011. TEMPORARY LENDING LIMIT WAIVER.
nation of employment with the eligible busi- (A) by inserting ‘‘in noninterest-bearing (a) IN GENERAL.—Section 5200 of the Re-
ness which exceeds twice the maximum total transaction accounts’’ after ‘‘institutions’’; vised Statutes of the United States (12 U.S.C.
compensation received by the officer or em- and 84) is amended—
ployee from the eligible business in calendar (B) by striking ‘‘shall not’’ and inserting (1) in subsection (c)(7)—
year 2019; and ‘‘may’’; and (A) by inserting ‘‘any nonbank financial
(2) no officer or employee of the eligible (2) by adding at the end the following: company (as that term is defined in section
business whose total compensation exceeded ‘‘(h) APPROVAL OF GUARANTEE PROGRAM 102 of the Financial Stability Act of 2010 (12
$3,000,000 in calendar year 2019 may receive DURING THE COVID–19 CRISIS.— U.S.C. 5311)),’’ after ‘‘Loans or extensions of
during any 12 consecutive months of such pe- ‘‘(1) IN GENERAL.—For purposes of the con- credit to’’; and
riod total compensation in excess of the sum gressional joint resolution of approval pro- (B) by striking ‘‘financial institution or
of— vided for in subsections (c)(1) and (2) and (d), to’’ and inserting ‘‘financial institution, or
(A) $3,000,000; and notwithstanding any other provision of this to’’; and
(B) 50 percent of the excess over $3,000,000 section, the Federal Deposit Insurance Cor- (2) in subsection (d), by adding at the end
dlhill on DSKBBY8HB2PROD with SENATE
of the total compensation received by the of- poration is approved upon enactment of this of paragraph (1) the following: ‘‘The Comp-
ficer or employee from the eligible business Act to establish a program provided for in troller of the Currency may, by order, ex-
in calendar year 2019. subsection (a), provided that any such pro- empt any transaction or series of trans-
(b) TOTAL COMPENSATION DEFINED.—In this gram and any such guarantee shall termi- actions from the requirements of this section
section, the term ‘‘total compensation’’ in- nate not later than December 31, 2020. upon a finding by the Comptroller that such
cludes salary, bonuses, awards of stock, and ‘‘(2) MAXIMUM AMOUNT.—Any debt guar- exemption is in the public interest and con-
other financial benefits provided by an eligi- antee program authorized by this subsection sistent with the purposes of this section.’’.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2118 CONGRESSIONAL RECORD — SENATE March 25, 2020
(b) EFFECTIVE PERIOD.—This section, and (1) IN GENERAL.—During the applicable pe- beginning on the date of enactment of this
the amendments made by this section, shall riod, a financial institution may elect to— Act and ending on December 31, 2020. Any
be effective during the period beginning on (A) suspend the requirements under United guarantee established as a result of the ap-
the date of enactment of this Act and ending States generally accepted accounting prin- plication of subsection (a) shall—
on the sooner of— ciples for loan modifications related to the (1) be limited to a guarantee of the total
(1) the termination date of the national coronavirus disease 2019 (COVID–19) pan- value of a shareholder’s account in a partici-
emergency concerning the novel coronavirus demic that would otherwise be categorized as pating fund as of the close of business on the
disease (COVID–19) outbreak declared by the a troubled debt restructuring; and day before the announcement of the guar-
President on March 13, 2020 under the Na- (B) suspend any determination of a loan antee; and
tional Emergencies Act (50 U.S.C. 1601 et modified as a result of the effects of the (2) terminate not later than December 31,
seq.); or coronavirus disease 2019 (COVID–19) pan- 2020.
(2) December 31, 2020. demic as being a troubled debt restructuring, (b) DIRECT APPROPRIATION.—Upon the expi-
SEC. 4012. TEMPORARY RELIEF FOR COMMUNITY including impairment for accounting pur- ration of the period described in subsection
BANKS. poses. (a), there is appropriated, out of amounts in
(a) DEFINITIONS.—In this section— (2) APPLICABILITY.—Any suspension under the Treasury not otherwise appropriated,
(1) the term ‘‘appropriate Federal banking paragraph (1)— such sums as may be necessary to reimburse
agency’’ has the meaning given the term in (A) shall be applicable for the term of the the fund established under section 5302(a)(1)
section 2 of the Economic Growth, Regu- loan modification, but solely with respect to of title 31, United States Code, for any funds
latory Relief, and Consumer Protection Act any modification, including a forbearance that are used for the Treasury Money Mar-
(12 U.S.C. 5365 note); and arrangement, an interest rate modification, ket Funds Guaranty Program for the United
(2) the terms ‘‘Community Bank Leverage a repayment plan, and any other similar ar- States money market mutual fund industry
Ratio’’ and ‘‘qualifying community bank’’ rangement that defers or delays the payment to the extent a claim payment made exceeds
have the meanings given the terms in sec- of principal or interest, that occurs during the balance of fees collected by the fund.
tion 201(a) of the Economic Growth, Regu- the applicable period for a loan that was not SEC. 4016. TEMPORARY CREDIT UNION PROVI-
latory Relief, and Consumer Protection Act more than 30 days past due as of December SIONS.
(12 U.S.C. 5371 note). 31, 2019; and (a) IN GENERAL.—
(b) INTERIM RULE.— (B) shall not apply to any adverse impact (1) DEFINITIONS.—Section 302(1) of the Fed-
(1) IN GENERAL.—Notwithstanding any on the credit of a borrower that is not re- eral Credit Union Act (12 U.S.C. 1795a(1)) is
other provision of law or regulation, the ap- lated to the coronavirus disease 2019 amended, in the matter preceding subpara-
propriate Federal banking agencies shall (COVID–19) pandemic. graph (A), by striking ‘‘primarily serving
issue an interim final rule that provides (c) DEFERENCE.—The appropriate Federal natural persons’’.
that, for the purposes of section 201 of the banking agency of the financial institution (2) MEMBERSHIP.—Section 304(b)(2) of the
Economic Growth, Regulatory Relief, and shall defer to the determination of the finan- Federal Credit Union Act (12 U.S.C.
Consumer Protection Act (12 U.S.C. 5371 cial institution to make a suspension under 1795c(b)(2)) is amended by striking ‘‘all those
note)— this section. credit unions’’ and inserting ‘‘such credit
(A) the Community Bank Leverage Ratio (d) RECORDS.—For modified loans for which
unions as the Board may in its discretion de-
shall be 8 percent; and suspensions under subsection (a) apply—
termine’’.
(B) a qualifying community bank that falls (1) financial institutions should continue
(3) EXTENSIONS OF CREDIT.—Section
below the Community Bank Leverage Ratio to maintain records of the volume of loans
306(a)(1) of the Federal Credit Union Act (12
established under subparagraph (A) shall involved; and
U.S.C. 1795e(a)(1)) is amended, in the second
have a reasonable grace period to satisfy the (2) the appropriate Federal banking agen-
sentence, by striking ‘‘the intent of which is
Community Bank Leverage Ratio. cies may collect data about such loans for
to expand credit union portfolios’’ and in-
(2) EFFECTIVE PERIOD.—The interim rule supervisory purposes.
serting ‘‘without first having obtained evi-
issued under paragraph (1) shall be effective SEC. 4014. OPTIONAL TEMPORARY RELIEF FROM
CURRENT EXPECTED CREDIT
dence from the applicant that the applicant
during the period beginning on the date on LOSSES. has made reasonable efforts to first use pri-
which the appropriate Federal banking agen- (a) DEFINITIONS.—In this section: mary sources of liquidity of the applicant,
cies issue the rule and ending on the sooner (1) APPROPRIATE FEDERAL BANKING AGEN- including balance sheet and market funding
of— CY.—The term ‘‘appropriate Federal banking sources, to address the liquidity needs of the
(A) the termination date of the national agency’’— applicant’’.
emergency concerning the novel coronavirus (A) has the meaning given the term in sec- (4) POWERS OF THE BOARD.—Section
disease (COVID–19) outbreak declared by the tion 3 of the Federal Deposit Insurance Act 307(a)(4)(A) of the Federal Credit Union Act
President on March 13, 2020 under the Na- (12 U.S.C. 1813); and (12 U.S.C. 1795f(a)(4)(A)) is amended by in-
tional Emergencies Act (50 U.S.C. 1601 et (B) includes the National Credit Union Ad- serting ‘‘, provided that, the total face value
seq.); or ministration. of such obligations shall not exceed 16 times
(B) December 31, 2020. (2) INSURED DEPOSITORY INSTITUTION.—The the subscribed capital stock and surplus of
(c) GRACE PERIOD.—During a grace period term ‘‘insured depository institution’’— the Facility for the period beginning on the
described in subsection (b)(1)(B), a qualifying (A) has the meaning given the term in sec- date of enactment of the Coronavirus Eco-
community bank to which the grace period tion 3 of the Federal Deposit Insurance Act nomic Stabilization Act of 2020 and ending
applies may continue to be treated as a (12 U.S.C. 1813); and on December 31, 2020’’ after ‘‘Facility’’.
qualifying community bank and shall be pre- (B) includes a credit union. (b) SUNSET.—
sumed to satisfy the capital and leverage re- (b) TEMPORARY RELIEF FROM CECL STAND- (1) IN GENERAL.—
quirements described in section 201(c) of the ARDS.—Notwithstanding any other provision (A) DEFINITIONS.—Section 302(1) of the Fed-
Economic Growth, Regulatory Relief, and of law, no insured depository institution, eral Credit Union Act (12 U.S.C. 1795a(1)) is
Consumer Protection Act (12 U.S.C. 5371 bank holding company, or any affiliate amended, in the matter preceding subpara-
note). thereof shall be required to comply with the graph (A), by inserting ‘‘primarily serving
SEC. 4013. TEMPORARY RELIEF FROM TROUBLED Financial Accounting Standards Board Ac- natural persons’’ after ‘‘credit unions’’.
DEBT RESTRUCTURINGS. counting Standards Update No. 2016–13 (B) MEMBERSHIP.—Section 304(b)(2) of the
(a) DEFINITIONS.—In this section: (‘‘Measurement of Credit Losses on Finan- Federal Credit Union Act (12 U.S.C.
(1) APPLICABLE PERIOD.—The term ‘‘appli- cial Instruments’’), including the current ex- 1795c(b)(2)) is amended by striking ‘‘such
cable period’’ means the period beginning on pected credit losses methodology for esti- credit unions as the Board may in its discre-
March 1, 2020 and ending on the earlier of De- mating allowances for credit losses, during tion determine’’ and inserting ‘‘all those
cember 31, 2020, or the date that is 60 days the period beginning on the date of enact- credit unions’’.
after the date on which the national emer- ment of this Act and ending on the earlier (C) EXTENSIONS OF CREDIT.—Section
gency concerning the novel coronavirus dis- of— 306(a)(1) of the Federal Credit Union Act (12
ease (COVID–19) outbreak declared by the (1) the date on which the national emer- U.S.C. 1795e(a)(1)) is amended, in the second
President on March 13, 2020 under the Na- gency concerning the novel coronavirus dis- sentence, by striking ‘‘without first having
tional Emergencies Act (50 U.S.C. 1601 et ease (COVID–19) outbreak declared by the obtained evidence from the applicant that
seq.) terminates. President on March 13, 2020 under the Na- the applicant has made reasonable efforts to
(2) APPROPRIATE FEDERAL BANKING AGEN- tional Emergencies Act (50 U.S.C. 1601 et first use primary sources of liquidity of the
CY.—The term ‘‘appropriate Federal banking seq.) terminates; or applicant, including balance sheet and mar-
dlhill on DSKBBY8HB2PROD with SENATE
agency’’— (2) December 31, 2020. ket funding sources, to address the liquidity
(A) has the meaning given the term in sec- SEC. 4015. NON-APPLICABILITY OF RESTRIC- needs of the applicant’’ and inserting ‘‘the
tion 3 of the Federal Deposit Insurance Act TIONS ON ESF DURING NATIONAL intent of which is to expand credit union
(12 U.S.C. 1813); and EMERGENCY. portfolios’’.
(B) includes the National Credit Union Ad- (a) IN GENERAL.—Section 131 of the Emer- (2) EFFECTIVE DATE.—The amendments
ministration. gency Economic Stabilization Act of 2008 (12 made by paragraph (1) shall take effect on
(b) SUSPENSION.— U.S.C. 5236) shall not apply during the period December 31, 2020.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2119
SEC. 4017. INCREASING ACCESS TO MATERIALS (D) A listing of, and detailed biographical report the circumstances to the appropriate
NECESSARY FOR NATIONAL SECU- information with respect to, each person committees of Congress without delay.
RITY AND PANDEMIC RECOVERY.
hired to manage or service each loan, loan (f) REPORTS.—
Notwithstanding any other provision of guarantee, or other investment made under (1) QUARTERLY REPORTS.—
law— section 4003. (A) IN GENERAL.—Not later than 60 days
(1) during the 2-year period beginning on (E) A current, as of the date on which the after the date on which the Special Inspector
the date of enactment of this Act, the re- information is collected, estimate of the General is confirmed, and once every cal-
quirements described in sections 303(a)(6)(C) total amount of each loan, loan guarantee, endar quarter thereafter, the Special Inspec-
and 304(e) of the Defense Production Act of and other investment made under this Act tor General shall submit to the appropriate
1950 (50 U.S.C. 4533(a)(6)(C), 4534(e)) shall not that is outstanding, the amount of interest committees of Congress a report summa-
apply; and and fees accrued and received with respect to rizing the activities of the Special Inspector
(2) during the 1-year period beginning on each loan or loan guarantee, the total General during the 3-month period ending on
the date of enactment of this Act, the re- amount of matured loans, the type and the date on which the Special Inspector Gen-
quirements described in sections 302(d)(1) amount of collateral, if any, and any losses eral submits the report.
and 303 (a)(6)(B) of the Defense Production or gains, if any, recorded or accrued for each (B) CONTENTS.—Each report submitted
Act of 1950 (50 U.S.C. 4532(d)(1), 4533(a)(6)(B)) loan, loan guarantee, or other investment. under subparagraph (A) shall include, for the
shall not apply. (2) MAINTENANCE OF SYSTEMS.—The Special period covered by the report, a detailed
SEC. 4018. SPECIAL INSPECTOR GENERAL FOR Inspector General shall establish, maintain, statement of all loans, loan guarantees,
PANDEMIC RECOVERY.
and oversee such systems, procedures, and other transactions, obligations, expendi-
(a) OFFICE OF INSPECTOR GENERAL.—There
controls as the Special Inspector General tures, and revenues associated with any pro-
is hereby established within the Department
considers appropriate to discharge the duties gram established by the Secretary under sec-
of the Treasury the Office of the Special In-
of the Special Inspector General under para- tion 4003, as well as the information col-
spector General for Pandemic Recovery.
(b) APPOINTMENT OF INSPECTOR GENERAL; graph (1). lected under subsection (c)(1).
REMOVAL.— (3) ADDITIONAL DUTIES AND RESPONSIBIL- (2) RULE OF CONSTRUCTION.—Nothing in this
(1) IN GENERAL.—The head of the Office of ITIES.—In addition to the duties described in subsection may be construed to authorize
the Special Inspector General for Pandemic paragraphs (1) and (2), the Special Inspector the public disclosure of information that is—
Recovery shall be the Special Inspector Gen- General shall also have the duties and re- (A) specifically prohibited from disclosure
eral for Pandemic Recovery (referred to in sponsibilities of inspectors general under the by any other provision of law;
this section as the ‘‘Special Inspector Gen- Inspector General Act of 1978 (5 U.S.C. App.). (B) specifically required by Executive
eral’’), who shall be appointed by the Presi- (d) POWERS AND AUTHORITIES.— order to be protected from disclosure in the
dent, by and with the advice and consent of (1) IN GENERAL.—In carrying out the duties interest of national defense or national secu-
the Senate. of the Special Inspector General under sub- rity or in the conduct of foreign affairs; or
(2) NOMINATION.—The nomination of the section (c), the Special Inspector General (C) a part of an ongoing criminal investiga-
Special Inspector General shall be made on shall have the authorities provided in sec- tion.
the basis of integrity and demonstrated abil- tion 6 of the Inspector General Act of 1978 (5 (g) FUNDING.—
ity in accounting, auditing, financial anal- U.S.C. App.). (1) IN GENERAL.—Of the amounts made
ysis, law, management analysis, public ad- (2) TREATMENT OF OFFICE.—The Office of available to the Secretary under section 4027,
ministration, or investigations. The nomina- the Special Inspector General for Pandemic $25,000,000 shall be made available to the Spe-
tion of an individual as Special Inspector Recovery shall be considered to be an office cial Inspector General to carry out this sec-
General shall be made as soon as practicable described in section 6(f)(3) of the Inspector tion.
after any loan, loan guarantee, or other in- General Act of 1978 (5 U.S.C. App.) and shall (2) AVAILABILITY.—The amounts made
vestment is made under section 4003. be exempt from an initial determination by available to the Special Inspector General
(3) REMOVAL.—The Special Inspector Gen- the Attorney General under section 6(f)(2) of under paragraph (1) shall remain available
eral shall be removable from office in accord- that Act. until expended.
ance with the provisions of section 3(b) of (e) PERSONNEL, FACILITIES, AND OTHER RE- (h) TERMINATION.—The Office of the Special
the Inspector General Act of 1978 (5 U.S.C. SOURCES.— Inspector General shall terminate on the
App.). (1) APPOINTMENT OF OFFICERS AND EMPLOY- date 5 years after the enactment of this Act.
(4) POLITICAL ACTIVITY.—For purposes of EES.—The Special Inspector General may se- (i) COUNCIL OF THE INSPECTORS GENERAL ON
section 7324 of title 5, United States Code, lect, appoint, and employ such officers and INTEGRITY AND EFFICIENCY.—The Special In-
the Special Inspector General shall not be employees as may be necessary for carrying spector General shall be a member of the
considered an employee who determines poli- out the duties of the Special Inspector Gen- Council of the Inspectors General on Integ-
cies to be pursued by the United States in eral, subject to the provisions of title 5, rity and Efficiency established under section
the nationwide administration of Federal United States Code, governing appointments 11 of the Inspector General Act of 1978 (5
law. in the competitive service, and the provi- U.S.C. App.) until the date of termination of
(5) BASIC PAY.—The annual rate of basic sions of chapter 51 and subchapter III of the Office of the Special Inspector General.
pay of the Special Inspector General shall be chapter 53 of that title, relating to classifica- (j) CORRECTIVE RESPONSES TO AUDIT PROB-
the annual rate of basic pay for an Inspector tion and General Schedule pay rates. LEMS.—The Secretary shall—
General under section 3(e) of the Inspector (2) EXPERTS AND CONSULTANTS.—The Spe- (1) take action to address deficiencies iden-
General Act of 1978 (5 U.S.C. App.). cial Inspector General may obtain services tified by a report or investigation of the Spe-
(c) DUTIES.— as authorized under section 3109 of title 5, cial Inspector General; or
(1) IN GENERAL.—It shall be the duty of the United States Code, at daily rates not to ex- (2) with respect to a deficiency identified
Special Inspector General to, in accordance ceed the equivalent rate prescribed for grade under paragraph (1), certify to the Com-
with section 4(b)(1) of the Inspector General GS–15 of the General Schedule by section mittee on Banking, Housing, and Urban Af-
Act of 1978 (5 U.S.C. App.), conduct, super- 5332 of that title. fairs of the Senate, the Committee on Fi-
vise, and coordinate audits and investiga- (3) CONTRACTS.—The Special Inspector nance of the Senate, the Committee on Fi-
tions of the making, purchase, management, General may enter into contracts and other nancial Services of the House of Representa-
and sale of loans, loan guarantees, and other arrangements for audits, studies, analyses, tives, and the Committee on Ways and
investments made by the Secretary of the and other services with public agencies and Means of the House of Representatives that
Treasury under any program established by with private persons, and make such pay- no action is necessary or appropriate.
the Secretary under this Act, and the man- ments as may be necessary to carry out the SEC. 4019. CONFLICTS OF INTEREST.
agement by the Secretary of any program es- duties of the Inspector General. (a) DEFINITIONS.—In this section:
tablished under this Act, including by col- (4) REQUESTS FOR INFORMATION.— (1) CONTROLLING INTEREST.—The term
lecting and summarizing the following infor- (A) IN GENERAL.—Upon request of the Spe- ‘‘controlling interest’’ means owning, con-
mation: cial Inspector General for information or as- trolling, or holding not less than 20 percent,
(A) A description of the categories of the sistance from any department, agency, or by vote or value, of the outstanding amount
loans, loan guarantees, and other invest- other entity of the Federal Government, the of any class of equity interest in an entity.
ments made by the Secretary. head of that department, agency, or entity (2) COVERED ENTITY.—The term ‘‘covered
(B) A listing of the eligible businesses re- shall, to the extent practicable and not in entity’’ means an entity in which a covered
ceiving loan, loan guarantees, and other in- contravention of any existing law, furnish individual directly or indirectly holds a con-
vestments made under each category de- that information or assistance to the Special trolling interest. For the purpose of deter-
dlhill on DSKBBY8HB2PROD with SENATE
scribed in subparagraph (A). Inspector General, or an authorized designee. mining whether an entity is a covered enti-
(C) An explanation of the reasons the Sec- (B) REFUSAL TO PROVIDE REQUESTED INFOR- ty, the securities owned, controlled, or held
retary determined it to be appropriate to MATION.—Whenever information or assist- by 2 or more individuals who are related as
make each loan or loan guarantee under this ance requested by the Special Inspector Gen- described in paragraph (3)(B) shall be aggre-
Act, including a justification of the price eral is, in the judgment of the Special In- gated.
paid for, and other financial terms associ- spector General, unreasonably refused or not (3) COVERED INDIVIDUAL.—The term ‘‘cov-
ated with, the applicable transaction. provided, the Special Inspector General shall ered individual’’ means—
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2120 CONGRESSIONAL RECORD — SENATE March 25, 2020
(A) the President, the Vice President, the taxpayers and maximizing the benefits for (3) POWERS OF MEMBERS AND AGENTS.—Any
head of an Executive department, or a Mem- taxpayers. member or agent of the Oversight Commis-
ber of Congress; and (B) TIMING.—The reports required under sion may, if authorized by the Oversight
(B) the spouse, child, son-in-law, or daugh- this paragraph shall be submitted not later Commission, take any action which the
ter-in-law, as determined under applicable than 30 days after the first exercise by the Oversight Commission is authorized to take
common law, of an individual described in Secretary and the Board of Governors of the by this section.
subparagraph (A). Federal Reserve System of the authority (4) OBTAINING OFFICIAL DATA.—The Over-
(4) EXECUTIVE DEPARTMENT.—The term under this subtitle and every 30 days there- sight Commission may secure directly from
‘‘Executive department’’ has the meaning after. any department or agency of the United
given the term in section 101 of title 5, (c) MEMBERSHIP.— States information necessary to enable it to
United States Code. (1) IN GENERAL.—The Oversight Commis- carry out this section. Upon request of the
(5) MEMBER OF CONGRESS.—The term sion shall consist of 5 members as follows: Chairperson of the Oversight Commission,
‘‘member of Congress’’ means a member of (A) 1 member appointed by the Speaker of the head of that department or agency shall
the Senate or House of Representatives, a the House of Representatives. furnish that information to the Oversight
Delegate to the House of Representatives, (B) 1 member appointed by the minority Commission.
and the Resident Commissioner from Puerto leader of the House of Representatives. (5) REPORTS.—The Oversight Commission
Rico. (C) 1 member appointed by the majority shall receive and consider all reports re-
(6) EQUITY INTEREST.—The term ‘‘equity in- leader of the Senate. quired to be submitted to the Oversight
terest’’ means— (D) 1 member appointed by the minority Commission under this subtitle.
(A) a share in an entity, without regard to leader of the Senate. (f) TERMINATION.—The Oversight Commis-
whether the share is— (E) 1 member appointed as Chairperson by sion shall terminate on September 30, 2025.
the Speaker of the House of Representatives (g) FUNDING FOR EXPENSES.—
(i) transferable; or
and the majority leader of the Senate, after (1) AUTHORIZATION OF APPROPRIATIONS.—
(ii) classified as stock or anything similar;
consultation with the minority leader of the There is authorized to be appropriated to the
(B) a capital or profit interest in a limited
Senate and the minority leader of the House Oversight Commission such sums as may be
liability company or partnership; or
of Representatives necessary for any fiscal year, half of which
(C) a warrant or right, other than a right
(2) PAY.—Each member of the Oversight shall be derived from the applicable account
to convert, to purchase, sell, or subscribe to
Commission shall be paid at a rate equal to of the House of Representatives, and half of
a share or interest described in subparagraph
the daily equivalent of the annual rate of which shall be derived from the contingent
(A) or (B), respectively.
basic pay for level I of the Executive Sched- fund of the Senate.
(b) PROHIBITION.—Notwithstanding any (2) REIMBURSEMENT OF AMOUNTS.—An
ule for each day (including travel time) dur-
other provision of this subtitle, no covered amount equal to the expenses of the Over-
ing which such member is engaged in the ac-
entity may be eligible for any transaction sight Commission shall be promptly trans-
tual performance of duties vested in the
described in section 4003. ferred by the Secretary and the Board of
Oversight Commission.
(c) REQUIREMENT.—The principal executive Governors of the Federal Reserve System,
(3) PROHIBITION OF COMPENSATION OF FED-
officer and the principal financial officer, or ERAL EMPLOYEES.—Members of the Oversight from time to time upon the presentment of a
individuals performing similar functions, of Commission who are full-time officers or em- statement of such expenses by the Chair-
an entity seeking to enter a transaction ployees of the United States may not receive person of the Oversight Commission, from
under section 4003 shall, before that trans- additional pay, allowances, or benefits by funds made available to the Secretary under
action is approved, certify to the Secretary reason of their service on the Oversight Com- this subtitle to the applicable fund of the
and the Board of Governors of the Federal mission. House of Representatives and the contingent
Reserve System that the entity is eligible to (4) TRAVEL EXPENSES.—Each member shall fund of the Senate, as appropriate, as reim-
engage in that transaction, including that receive travel expenses, including per diem bursement for amounts expended from such
the entity is not a covered entity. in lieu of subsistence, in accordance with ap- account and fund under paragraph (1).
SEC. 4020. CONGRESSIONAL OVERSIGHT COMMIS- plicable provisions under subchapter I of SEC. 4021. CREDIT PROTECTION DURING COVID–
SION. 19.
chapter 57 of title 5, United States Code.
(a) ESTABLISHMENT.—There is hereby es- (5) QUORUM.—Four members of the Over- Section 623(a)(1) of the Fair Credit Report-
tablished the Congressional Oversight Com- sight Commission shall constitute a quorum ing Act (15 U.S.C. 1681s–2(a)(1)) is amended by
mission (hereafter in this section referred to but a lesser number may hold hearings. adding at the end the following:
as the ‘‘Oversight Commission’’) as an estab- (6) VACANCIES.—A vacancy on the Over- ‘‘(F) REPORTING INFORMATION DURING
lishment in the legislative branch. sight Commission shall be filled in the man- COVID–19 PANDEMIC.—
(b) DUTIES.— ner in which the original appointment was ‘‘(i) DEFINITIONS.—In this subsection:
(1) IN GENERAL.—The Oversight Commis- made. ‘‘(I) ACCOMMODATION.—The term ‘accommo-
sion shall— (7) MEETINGS.—The Oversight Commission dation’ includes an agreement to defer 1 or
(A) conduct oversight of the implementa- shall meet at the call of the Chairperson or more payments, make a partial payment,
tion of this subtitle by the Department of a majority of its members. forbear any delinquent amounts, modify a
the Treasury and the Board of Governors of (d) STAFF.— loan or contract, or any other assistance or
the Federal Reserve System, including ef- (1) IN GENERAL.—The Oversight Commis- relief granted to a consumer who is affected
forts of the Department and the Board to sion may appoint and fix the pay of any per- by the coronavirus disease 2019 (COVID–19)
provide economic stability as a result of the sonnel as the Oversight Commission con- pandemic during the covered period.
coronavirus disease 2019 (COVID–19) pan- siders appropriate. ‘‘(II) COVERED PERIOD.—The term ‘covered
demic of 2020; (2) EXPERTS AND CONSULTANTS.—The Over- period’ means the period beginning on Janu-
(B) submit to Congress reports under para- sight Commission may procure temporary ary 31, 2020 and ending on the later of—
graph (2); and and intermittent services under section ‘‘(aa) 120 days after the date of enactment
(C) review the implementation of this sub- 3109(b) of title 5, United States Code. of this subparagraph; or
title by the Federal Government. (3) STAFF OF AGENCIES.—Upon request of ‘‘(bb) 120 days after the date on which the
(2) REGULAR REPORTS.— the Oversight Commission, the head of any national emergency concerning the novel
(A) IN GENERAL.—Reports of the Oversight Federal department or agency may detail, on coronavirus disease (COVID–19) outbreak de-
Commission shall include the following: a reimbursable basis, any of the personnel of clared by the President on March 13, 2020
(i) The use by the Secretary and the Board that department or agency to the Oversight under the National Emergencies Act (50
of Governors of the Federal Reserve System Commission to assist it in carrying out its U.S.C. 1601 et seq.) terminates.
of authority under this subtitle, including duties under the this subtitle. ‘‘(ii) REPORTING.—Except as provided in
with respect to the use of contracting au- (e) POWERS.— clause (iii), if a furnisher makes an accom-
thority and administration of the provisions (1) HEARINGS AND EVIDENCE.—The Oversight modation with respect to 1 or more pay-
of this subtitle. Commission, or any subcommittee or mem- ments on a credit obligation or account of a
(ii) The impact of loans, loan guarantees, ber thereof, may, for the purpose of carrying consumer, and the consumer makes the pay-
and investments made under this subtitle on out this section hold hearings, sit and act at ments or is not required to make 1 or more
the financial well-being of the people of the times and places, take testimony, and re- payments pursuant to the accommodation,
United States and the United States econ- ceive evidence as the Oversight Commission the furnisher shall—
omy, financial markets, and financial insti- considers appropriate and may administer ‘‘(I) report the credit obligation or account
tutions. oaths or affirmations to witnesses appearing as current; or
dlhill on DSKBBY8HB2PROD with SENATE
(iii) The extent to which the information before it. ‘‘(II) if the credit obligation or account was
made available on transactions under this (2) CONTRACTING.—The Oversight Commis- delinquent before the accommodation—
subtitle has contributed to market trans- sion may, to such extent and in such ‘‘(aa) maintain the delinquent status dur-
parency. amounts as are provided in appropriation ing the period in which the accommodation
(iv) The effectiveness of loans, loan guar- Acts, enter into contracts to enable the is in effect; and
antees, and investments made under this Oversight Commission to discharge its duties ‘‘(bb) if the consumer brings the credit ob-
subtitle of minimizing long-term costs to the under this section. ligation or account current during the period
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2121
described in item (aa), report the credit obli- borrower, provided that, the borrower’s re- more families, including any such secured
gation or account as current. quest for an extension is made during the loan, the proceeds of which are used to pre-
‘‘(iii) EXCEPTION.—Clause (ii) shall not covered period, and, at the borrower’s re- pay or pay off an existing loan secured by
apply with respect to a credit obligation or quest, either the initial or extended period of the same property; and
account of a consumer that has been forbearance may be shortened. (B) is made in whole or in part, or insured,
charged-off.’’. (2) FORECLOSURE MORATORIUM.—Except guaranteed, supplemented, or assisted in any
SEC. 4022. FORECLOSURE MORATORIUM AND with respect to a vacant or abandoned prop- way, by any officer or agency of the Federal
CONSUMER RIGHT TO REQUEST erty, a servicer of a Federally backed mort- Government or under or in connection with
FORBEARANCE. gage loan may not initiate any judicial or a housing or urban development program ad-
(a) DEFINITIONS.—In this section: non-judicial foreclosure process, move for a ministered by the Secretary of Housing and
(1) COVID–19 EMERGENCY.—The term foreclosure judgment or order of sale, or exe- Urban Development or a housing or related
‘‘COVID–19 emergency’’ means the national cute a foreclosure-related eviction or fore- program administered by any other such of-
emergency concerning the novel coronavirus closure sale for not less than the 60-day pe- ficer or agency, or is purchased or
disease (COVID–19) outbreak declared by the riod beginning on March 18, 2020. securitized by the Federal Home Loan Mort-
President on March 13, 2020 under the Na- SEC. 4023. FORBEARANCE OF RESIDENTIAL gage Corporation or the Federal National
tional Emergencies Act (50 U.S.C. 1601 et MORTGAGE LOAN PAYMENTS FOR Mortgage Association.
seq.). MULTIFAMILY PROPERTIES WITH (3) MULTIFAMILY BORROWER.—the term
(2) FEDERALLY BACKED MORTGAGE LOAN.— FEDERALLY BACKED LOANS. ‘‘multifamily borrower’’ means a borrower of
The term ‘‘Federally backed mortgage loan’’ (a) IN GENERAL.—During the covered pe- a residential mortgage loan that is secured
includes any loan which is secured by a first riod, a multifamily borrower with a Feder- by a lien against a property comprising 5 or
or subordinate lien on residential real prop- ally backed multifamily mortgage loan expe- more dwelling units.
erty (including individual units of condomin- riencing a financial hardship due, directly or (4) COVID–19 EMERGENCY.—The term
iums and cooperatives) designed principally indirectly, to the COVID–19 emergency may ‘‘COVID–19 emergency’’ means the national
for the occupancy of from 1- to 4- families request a forbearance under the terms set emergency concerning the novel coronavirus
that is— forth in this section. disease (COVID–19) outbreak declared by the
(A) insured by the Federal Housing Admin- (b) REQUEST FOR RELIEF.—A multifamily President on March 13, 2020 under the Na-
istration under title II of the National Hous- borrower with a Federally backed multi- tional Emergencies Act (50 U.S.C. 1601 et
ing Act (12 U.S.C. 1707 et seq.); family mortgage loan that was current on its seq.).
(B) insured under section 255 of the Na- payments as of February 1, 2020, may submit (5) COVERED PERIOD.—The term ‘‘covered
tional Housing Act (12 U.S.C. 1715z–20); an oral or written request for forbearance period’’ means the period beginning on the
(C) guaranteed under section 184 or 184A of under subsection (a) to the borrower’s date of enactment of this Act and ending on
the Housing and Community Development servicer affirming that the multifamily bor- the sooner of—
Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b); rower is experiencing a financial hardship (A) the termination date of the national
(D) guaranteed or insured by the Depart- during the COVID–19 emergency. emergency concerning the novel coronavirus
ment of Veterans Affairs; (c) FORBEARANCE PERIOD.— disease (COVID–19) outbreak declared by the
(E) guaranteed or insured by the Depart- (1) IN GENERAL.—Upon receipt of an oral or President on March 13, 2020 under the Na-
ment of Agriculture; written request for forbearance from a mul- tional Emergencies Act (50 U.S.C. 1601 et
(F) made by the Department of Agri- tifamily borrower, a servicer shall— seq.); or
culture; or (A) document the financial hardship; (B) December 31, 2020.
(G) purchased or securitized by the Federal (B) provide the forbearance for up to 30 SEC. 4024. TEMPORARY MORATORIUM ON EVIC-
Home Loan Mortgage Corporation or the days; and TION FILINGS.
Federal National Mortgage Association. (C) extend the forbearance for up to 2 addi- (a) DEFINITIONS.—In this section:
(b) FORBEARANCE.— tional 30 day periods upon the request of the (1) COVERED DWELLING.—The term ‘‘covered
(1) IN GENERAL.—During the covered period, borrower provided that, the borrower’s re- dwelling’’ means a dwelling that—
a borrower with a Federally backed mort- quest for an extension is made during the (A) is occupied by a tenant—
gage loan experiencing a financial hardship covered period, and, at least 15 days prior to (i) pursuant to a residential lease; or
due, directly or indirectly, to the COVID–19 the end of the forbearance period described (ii) without a lease or with a lease ter-
emergency may request forbearance on the under subparagraph (B). minable under State law; and
Federally backed mortgage loan, regardless (2) RIGHT TO DISCONTINUE.—A multifamily (B) is on or in a covered property.
of delinquency status, by— borrower shall have the option to dis- (2) COVERED PROPERTY.—The term ‘‘covered
(A) submitting a request to the borrower’s continue the forbearance at any time. property’’ means any property that—
servicer; and (d) RENTER PROTECTIONS DURING FORBEAR- (A) participates in—
(B) affirming that the borrower is experi- ANCE PERIOD.—A multifamily borrower that (i) a covered housing program (as defined
encing a financial hardship during the receives a forbearance under this section in section 41411(a) of the Violence Against
COVID–19 emergency. may not, for the duration of the forbear- Women Act of 1994 (34 U.S.C. 12491(a))); or
(2) DURATION OF FORBEARANCE.—Upon a re- ance— (ii) the rural housing voucher program
quest by a borrower for forbearance under (1) evict or initiate the eviction of a tenant under section 542 of the Housing Act of 1949
paragraph (1), such forbearance shall be from a dwelling unit located in or on the ap- (42 U.S.C. 1490r); or
granted for up to 180 days, and shall be ex- plicable property solely for nonpayment of (B) has a—
tended for an additional period of up to 180 rent or other fees or charges; or (i) Federally backed mortgage loan; or
days at the request of the borrower, provided (2) charge any late fees, penalties, or other (ii) Federally backed multifamily mort-
that, at the borrower’s request, either the charges to a tenant described in paragraph gage loan.
initial or extended period of forbearance may (1) for late payment of rent. (3) DWELLING.—The term ‘‘dwelling’’—
be shortened. (e) NOTICE.—A multifamily borrower that (A) has the meaning given the term in sec-
(3) ACCRUAL OF INTEREST OR FEES.—During receives a forbearance under this section— tion 802 of the Fair Housing Act (42 U.S.C.
a period of forbearance described in this sub- (1) may not require a tenant to vacate a 3602); and
section, no fees, penalties, or interest beyond dwelling unit located in or on the applicable (B) includes houses and dwellings described
the amounts scheduled or calculated as if the property before the date that is 30 days after in section 803(b) of such Act (42 U.S.C.
borrower made all contractual payments on the date on which the borrower provides the 3603(b)).
time and in full under the terms of the mort- tenant with a notice to vacate; and (4) FEDERALLY BACKED MORTGAGE LOAN.—
gage contract, shall accrue on the borrower’s (2) may not issue a notice to vacate under The term ‘‘Federally backed mortgage loan’’
account. paragraph (1) until after the expiration of includes any loan (other than temporary fi-
(c) REQUIREMENTS FOR SERVICERS.— the forbearance. nancing such as a construction loan) that—
(1) IN GENERAL.—Upon receiving a request (f) DEFINITIONS.—In this section: (A) is secured by a first or subordinate lien
for forbearance from a borrower under sub- (1) APPLICABLE PROPERTY.—The term ‘‘ap- on residential real property (including indi-
section (b), the servicer shall with no addi- plicable property’’, with respect to a Feder- vidual units of condominiums and coopera-
tional documentation required other than ally backed multifamily mortgage loan, tives) designed principally for the occupancy
the borrower’s attestation to a financial means the residential multifamily property of from 1 to 4 families, including any such se-
hardship caused by the COVID–19 emergency against which the mortgage loan is secured cured loan, the proceeds of which are used to
and with no fees, penalties, or interest (be- by a lien. prepay or pay off an existing loan secured by
yond the amounts scheduled or calculated as (2) FEDERALLY BACKED MULTIFAMILY MORT- the same property; and
dlhill on DSKBBY8HB2PROD with SENATE
if the borrower made all contractual pay- GAGE LOAN.—The term ‘‘Federally backed (B) is made in whole or in part, or insured,
ments on time and in full under the terms of multifamily mortgage loan’’ includes any guaranteed, supplemented, or assisted in any
the mortgage contract) charged to the bor- loan (other than temporary financing such way, by any officer or agency of the Federal
rower in connection with the forbearance, as a construction loan) that— Government or under or in connection with
provide the forbearance for up to 180 days, (A) is secured by a first or subordinate lien a housing or urban development program ad-
which may be extended for an additional pe- on residential multifamily real property de- ministered by the Secretary of Housing and
riod of up to 180 days at the request of the signed principally for the occupancy of 5 or Urban Development or a housing or related
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2122 CONGRESSIONAL RECORD — SENATE March 25, 2020
program administered by any other such of- tion, date of application approval, and iden- (c) TESTIMONY.—The Secretary and the
ficer or agency, or is purchased or tity of the counterparty; Chairman of the Board of Governors of the
securitized by the Federal Home Loan Mort- (2) the amount of the loan or loan guar- Federal Reserve System shall testify, on a
gage Corporation or the Federal National antee; quarterly basis, before the Committee on
Mortgage Association. (3) the interest rate, conditions, and any Banking, Housing, and Urban Affairs of the
(5) FEDERALLY BACKED MULTIFAMILY MORT- other material or financial terms associated Senate and the Committee on Financial
GAGE LOAN.—The term ‘‘Federally backed with the transaction, if applicable; and Services of the House of Representatives re-
multifamily mortgage loan’’ includes any (4) a copy of the relevant and final term garding the obligations of the Department of
loan (other than temporary financing such sheet, if applicable, and contract or other the Treasury and the Federal Reserve Sys-
as a construction loan) that— relevant documentation regarding the trans- tem, and transactions entered into, under
(A) is secured by a first or subordinate lien action. this Act.
on residential multifamily real property de- (b) REPORTS.— (d) PROGRAM DESCRIPTIONS.—The Secretary
signed principally for the occupancy of 5 or (1) TO CONGRESS.— shall post on the website of the Department
more families, including any such secured (A) IN GENERAL.—In addition to such re- of the Treasury all criteria, guidelines, eligi-
loan, the proceeds of which are used to pre- ports as are required under section 5302(c) of bility requirements, and application mate-
pay or pay off an existing loan secured by title 31, United States Code, not later than 7 rials for the making of any loan or loan
the same property; and days after the Secretary makes any loan or guarantee under paragraph (1), (2), or (3) of
(B) is made in whole or in part, or insured, loan guarantee under paragraph (1), (2), or (3) section 4003(b).
guaranteed, supplemented, or assisted in any of section 4003(b), the Secretary shall submit (e) ADMINISTRATIVE CONTRACTS.—Not later
way, by any officer or agency of the Federal to the Chairmen and Ranking Members of than 24 hours after the Secretary enters into
Government or under or in connection with the Committee on Banking, Housing, and a contract in connection with the adminis-
a housing or urban development program ad- Urban Affairs and the Committee on Finance tration of any loan or loan guarantee au-
ministered by the Secretary of Housing and of the Senate and the Chairmen and Ranking thorized to be made under paragraph (1), (2),
Urban Development or a housing or related Members of the Committee on Financial or (3) of section 4003(b), the Secretary shall
program administered by any other such of- Services and the Committee on Ways and post on the website of the Department of the
ficer or agency, or is purchased or Means of the House of Representatives a re- Treasury a copy of the contract.
securitized by the Federal Home Loan Mort- port summarizing— (f) GOVERNMENT ACCOUNTABILITY OFFICE.—
gage Corporation or the Federal National (i) an overview of actions taken by the Sec- (1) STUDY.—The Comptroller General of the
Mortgage Association. retary under paragraph (1), (2) or (3) of sec- United States shall conduct a study on the
(b) MORATORIUM.—During the 120-day pe- tion 4003(b) during such period; loans, loan guarantees, and other invest-
riod beginning on the date of enactment of (ii) the actual obligation, expenditure, and ments provided under section 4003.
disbursements of the funds during such pe- (2) REPORT.—Not later than 9 months after
this Act, the lessor of a covered dwelling
riod; and the date of enactment of this Act, and annu-
may not—
(iii) a detailed financial statement with re- ally thereafter through the year succeeding
(1) make, or cause to be made, any filing
spect to the exercise of authority under the last year for which loans, loan guaran-
with the court of jurisdiction to initiate a
paragraph (1), (2) or (3) of section 4003(b) tees, or other investments made under sec-
legal action to recover possession of the cov-
showing— tion 4003 are outstanding, the Comptroller
ered dwelling from the tenant for non-
(I) all loans and loan guarantees made, re-
payment of rent or other fees or charges; or General shall submit to the Committee on
newed, or restructured;
(2) charge fees, penalties, or other charges Financial Services, the Committee on Trans-
(II) all transactions during such period, in-
to the tenant related to such nonpayment of portation and Infrastructure, the Committee
cluding the types of parties involved;
rent. on Appropriations, and the Committee on
(III) the nature of the assets purchased;
(c) NOTICE.—The lessor of a covered dwell- the Budget of the House of Representatives
(IV) a description of the vehicles estab-
ing unit— and the Committee on Banking, Housing,
lished to exercise such authority; and
(1) may not require the tenant to vacate and Urban Affairs, the Committee on Com-
(V) any or all repayment activity, delin-
the covered dwelling unit before the date merce, Science, and Transportation, the
quencies or defaults on loans and loan guar-
that is 30 days after the date on which the Committee on Appropriations, and the Com-
antees issued under paragraph (1), (2) or (3) of
lessor provides the tenant with a notice to section 4003(b). mittee on the Budget of the Senate a report
vacate; and (B) PUBLICATION.—Not later than 7 days on the loans, loan guarantees, and other in-
(2) may not issue a notice to vacate under after the date on which the Secretary sub- vestments made under section 4003.
paragraph (1) until after the expiration of mits a report under subparagraph (A) to the SEC. 4027. DIRECT APPROPRIATION.
the period described in subsection (b). committees of Congress described in such (a) IN GENERAL.—Notwithstanding any
SEC. 4025. PROTECTION OF COLLECTIVE BAR- subparagraph, the Secretary shall publish other provision of law, there is appropriated,
GAINING AGREEMENT. such report on the website of the Depart- out of amounts in the Treasury not other-
(a) IN GENERAL.—Neither the Secretary, ment of the Treasury. wise appropriated, to the fund established
nor any other actor, department, or agency (C) 30-DAY REPORTS.—Every 30 days during under section 5302(a)(1) of title 31, United
of the Federal Government, shall condition such time as a loan or loan guarantee under States Code, $500,000,000,000 to carry out this
the issuance of a loan or loan guarantee paragraph (1), (2), or (3) of section 4003(b) is subtitle.
under paragraph (1), (2), or (3) of section outstanding, the Secretary shall publish on (b) TECHNICAL AND CONFORMING AMEND-
4003(b) of this subtitle on an air carrier’s or the website of the Department of the Treas- MENT.—Section 5302(a) of title 31, United
eligible business’s implementation of meas- ury a report summarizing the information States Code, is amended—
ures to enter into negotiations with the cer- set forth in subparagraph (A). (1) by striking ‘‘and’’ before ‘‘section 3’’;
tified bargaining representative of a craft or (2) BOARD OF GOVERNORS.— and
class of employees of the air carrier or eligi- (A) IN GENERAL.—With respect to any pro- (2) by inserting ‘‘and the Coronavirus Eco-
ble business under the Railway Labor Act (45 gram or facility described in paragraph (4) of nomic Stabilization Act of 2020,’’ before ‘‘and
U.S.C. 151 et seq.) or the National Labor Re- section 4003(b), the Board of Governors of the for investing’’.
lations Act (29 U.S.C. 151 et seq.), regarding Federal Reserve System shall provide to the (c) CLARIFICATION.—
pay or other terms and conditions of employ- Committee on Banking, Housing, and Urban (1) IN GENERAL.—On or after January 1,
ment. Affairs of the Senate and the Committee on 2021, any remaining funds made available
(b) PERIOD OF EFFECT.—With respect to an Financial Services of the House of Rep- under section 4003(b) may be used only for—
air carrier or eligible business to which the resentatives such reports as are required to (A) modifications, restructurings, or other
loan or loan guarantee is provided under this be provided under section 13(3) of the Federal amendments of loans, loan guarantees, or
subtitle, this section shall be in effect with Reserve Act (12 U.S.C. 343(3))— other investments in accordance with sec-
respect to the air carrier or eligible business (i) not later than 7 days after the Board au- tion 4029(b)(1); and
beginning on the date on which the air car- thorizes a new facility or other financial as- (B) exercising any options, warrants, or
rier or eligible business is first issued such sistance in accordance with section other investments made prior to January 1,
loan or loan guarantee and ending on the 13(3)(C)(i) of the Federal Reserve Act (12 2021; and
date that is 1 year after the loan or loan U.S.C. 343(3)(C)(i)); and (C) paying costs and administrative ex-
guarantee is no longer outstanding. (ii) once every 30 days with respect to out- penses as provided in section 4003(f).
SEC. 4026. REPORTS. standing loans or financial assistance in ac- (2) DEFICIT REDUCTION.—On January 1, 2026,
(a) DISCLOSURE OF TRANSACTIONS.—Not cordance with section 13(3)(C)(ii) of the Fed- any funds described in paragraph (1) that are
dlhill on DSKBBY8HB2PROD with SENATE
later than 72 hours after any transaction by eral Reserve Act (12 U.S.C. 343(3)(C)(ii)). remaining shall be transferred to the general
the Secretary under paragraph (1), (2), or (3) (B) PUBLICATION.—Not later than 7 days fund of the Treasury to be used for deficit re-
of section 4003(b), the Secretary shall publish after the Board of Governors of the Federal duction.
on the website of the Department of the Reserve System submits a report under sub- SEC. 4028. RULE OF CONSTRUCTION.
Treasury— paragraph (A) to the committees of Congress Nothing in this subtitle shall be construed
(1) a plain-language description of the described in subparagraph (A), the Board to allow the Secretary to provide relief to el-
transaction, including the date of applica- shall publish on its website such report. igible businesses, States, and municipalities
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2123
except in the form of loans, loan guarantees, with providing financial assistance under in any transaction, purchase an equity secu-
and other investments as provided in this this subtitle. rity of the air carrier or contractor or the
subtitle and under terms and conditions that SEC. 4113. PROCEDURES FOR PROVIDING PAY- parent company of the air carrier or con-
are in the interest of the Federal Govern- ROLL SUPPORT. tractor that is listed on a national securities
ment. (a) AWARDABLE AMOUNTS.—The Secretary exchange;
SEC. 4029. TERMINATION OF AUTHORITY. shall provide financial assistance under this (3) through September 30, 2021, ensure that
(a) IN GENERAL.—Except as provided in subtitle— the air carrier or contractor shall not pay
subsection (b), on December 31, 2020, the au- (1) to an air carrier in an amount equal to dividends, or make other capital distribu-
thority provided under this subtitle to make the salaries and benefits reported by the air tions, with respect to the common stock (or
new loans, loan guarantees, or other invest- carrier to the Department of Transportation equivalent interest) of the air carrier or con-
ments shall terminate. pursuant to part 241 of title 14, Code of Fed- tractor; and
(b) OUTSTANDING.— eral Regulations, for the period from April 1, (4) meet the requirements of sections 4115
(1) IN GENERAL.—Except as provided in 2019, through September 30, 2019; and and 4116.
paragraph (2), any loan, loan guarantee, or (2) to an air carrier that does not transmit (b) DEPARTMENT OF TRANSPORTATION AU-
other investment outstanding on the date reports under such part 241, in an amount THORITY TO CONDITION ASSISTANCE ON CON-
described in subsection (a)— that such air carrier certifies, using sworn fi- TINUATION OF SERVICE.—
(A) may be modified, restructured, or oth- nancial statements or other appropriate (1) IN GENERAL.—The Secretary of Trans-
erwise amended; and data, as the amount of wages, salaries, bene- portation is authorized to require, to the ex-
(B) may not be forgiven. fits, and other compensation that such air tent reasonable and practicable, an air car-
(2) DURATION.—The duration of any loan or carrier paid the employees of such air carrier rier provided financial assistance under this
loan guarantee made under section 4003(b)(1) during the period from April 1, 2019, through subtitle to maintain scheduled air transpor-
that is modified, restructured, or otherwise September 30, 2019; and tation service, as the Secretary of Transpor-
amended under paragraph (1) shall not be ex- (3) to a contractor, in an amount that the tation deems necessary, to ensure services to
tended beyond 5 years from the initial origi- contractor certifies, using sworn financial any point served by that carrier before
nation date of the loan or loan guarantee. statements or other appropriate data, as the March 1, 2020.
Subtitle B—Air Carrier Worker Support amount of wages, salaries, benefits, and (2) REQUIRED CONSIDERATIONS.—When con-
SEC. 4111. DEFINITIONS. other compensation that such contractor sidering whether to exercise the authority
paid the employees of such contractor during provided by this section, the Secretary of
Unless otherwise specified, the terms in
the period from April 1, 2019, through Sep- Transportation shall take into consideration
section 40102(a) of title 49, United States
tember 30, 2019. the air transportation needs of small and re-
Code, shall apply to this subtitle, except
(b) DEADLINES AND PROCEDURES.— mote communities and the need to maintain
that—
(1) IN GENERAL.— well-functioning health care supply chains,
(1) the term ‘‘airline catering employee’’
(A) FORMS; TERMS AND CONDITIONS.—Finan- including medical devices and supplies, and
means an employee who performs airline ca-
cial assistance provided to an air carrier or pharmaceutical supply chains.
tering services;
contractor under this subtitle shall be in (3) SUNSET.—The authority provided under
(2) the term ‘‘airline catering services’’
such form, on such terms and conditions (in- this subsection shall terminate on March 1,
means preparation, assembly, or both, of
cluding requirements for audits and the 2022, and any requirements issued by the
food, beverages, provisions and related sup-
clawback of any financial assistance pro- Secretary of Transportation under this sub-
plies for delivery, and the delivery of such
vided upon failure by a passenger air carrier, section shall cease to apply after that date.
items, directly to aircraft or to a location on
cargo air carrier, or contractor to honor the SEC. 4115. PROTECTION OF COLLECTIVE BAR-
or near airport property for subsequent de- GAINING AGREEMENT.
livery to aircraft; assurances specified in section 4114), as the
Secretary determines appropriate. (a) IN GENERAL.—Neither the Secretary,
(3) the term ‘‘contractor’’ means— nor any other actor, department, or agency
(A) a person that performs, under contract (B) PROCEDURES.—The Secretary shall pub-
lish streamlined and expedited procedures of the Federal Government, shall condition
with a passenger air carrier conducting oper- the issuance of financial assistance under
ations under part 121 of title 14, Code of Fed- not later than 5 days after the date of enact-
ment of this Act for air carriers and contrac- this subtitle on an air carrier’s or contrac-
eral Regulations— tor’s implementation of measures to enter
(i) catering functions; or tors to submit requests for financial assist-
ance under this subtitle. into negotiations with the certified bar-
(ii) functions on the property of an airport gaining representative of a craft or class of
that are directly related to the air transpor- (2) DEADLINE FOR IMMEDIATE PAYROLL AS-
SISTANCE.—Not later than 10 days after the employees of the air carrier or contractor
tation of persons, property, or mail, includ- under the Railway Labor Act (45 U.S.C. 151 et
ing but not limited to the loading and un- date of enactment of this Act, the Secretary
shall make initial payments to air carriers seq.) or the National Labor Relations Act (29
loading of property on aircraft; assistance to U.S.C. 151 et seq.), regarding pay or other
passengers under part 382 of title 14, Code of and contractors that submit requests for fi-
nancial assistance approved by to the Sec- terms and conditions of employment.
Federal Regulations; security; airport (b) PERIOD OF EFFECT.—With respect to an
ticketing and check-in functions; ground- retary.
air carrier or contractor to which financial
handling of aircraft; or aircraft cleaning and (3) SUBSEQUENT PAYMENTS.—The Secretary
assistance is provided under this subtitle,
sanitization functions and waste removal; or shall determine an appropriate method for
this section shall be in effect with respect to
(B) a subcontractor that performs such timely distribution of payments to air car-
the air carrier or contractor beginning on
functions; riers and contractors with approved requests
the date on which the air carrier or con-
(4) the term ‘‘employee’’ means an indi- for financial assistance from any funds re- tractor is first issued such financial assist-
vidual, other than a corporate officer, who is maining available after providing initial fi- ance and ending on September 30, 2020.
employed by an air carrier or a contractor; nancial assistance payments under para- SEC. 4116. LIMITATION ON CERTAIN EMPLOYEE
and graph (2). COMPENSATION.
(5) the term ‘‘Secretary’’ means the Sec- (c) PRO RATA AUTHORITY.—The Secretary (a) IN GENERAL.—The Secretary may only
retary of the Treasury. shall have the authority to reduce, on a pro provide financial assistance under this sub-
SEC. 4112. PANDEMIC RELIEF FOR AVIATION rata basis, the amounts due to air carriers title to an air carrier or contractor after
WORKERS. and contractors under the applicable para- such carrier or contractor enters into an
(a) FINANCIAL ASSISTANCE FOR EMPLOYEE graph of section 4112 in order to address any agreement with the Secretary which pro-
WAGES, SALARIES, AND BENEFITS.—Notwith- shortfall in assistance that would otherwise vides that, during the 2-year period begin-
standing any other provision of law, to pre- be provided under such section. ning March 24, 2020, and ending March 24,
serve aviation jobs and compensate air car- (d) AUDITS.—The Inspector General of the 2022, no officer or employee of the air carrier
rier industry workers, the Secretary shall Department of the Treasury shall audit cer- or contractor whose total compensation ex-
provide financial assistance that shall exclu- tifications made under subsection (a). ceeded $425,000 in calendar year 2019 (other
sively be used for the continuation of pay- SEC. 4114. REQUIRED ASSURANCES. than an employee whose compensation is de-
ment of employee wages, salaries, and bene- (a) IN GENERAL.—To be eligible for finan- termined through an existing collective bar-
fits to— cial assistance under this subtitle, an air gaining agreement entered into prior to en-
(1) passenger air carriers, in an aggregate carrier or contractor shall enter into an actment of this Act)—
amount up to $25,000,000,000; agreement with the Secretary, or otherwise (1) will receive from the air carrier or con-
(2) cargo air carriers, in the aggregate certify in such form and manner as the Sec- tractor total compensation which exceeds,
amount up to $4,000,000,000; and retary shall prescribe, that the air carrier or during any 12 consecutive months of such 2-
dlhill on DSKBBY8HB2PROD with SENATE
(3) contractors, in an aggregate amount up contractor shall— year period, the total compensation received
to $3,000,000,000. (1) refrain from conducting involuntary by the officer or employee from the air car-
(b) ADMINISTRATIVE EXPENSES.—Notwith- furloughs or reducing pay rates and benefits rier or contractor in calendar year 2019;
standing any other provision of law, the Sec- until September 30, 2020; (2) will receive from the air carrier or con-
retary, may use $100,000,000 of the funds (2) through September 30, 2021, ensure that tractor severance pay or other benefits upon
made available under section 4120(a) for neither the air carrier or contractor nor any termination of employment with the air car-
costs and administrative expenses associated affiliate of the air carrier or contractor may, rier or contractor which exceeds twice the
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2124 CONGRESSIONAL RECORD — SENATE March 25, 2020
maximum total compensation received by ‘‘(B) $8,000,000,000 of such amount for mak- ‘‘(A) the amount set aside under subsection
the officer or employee from the air carrier ing payments to Tribal governments. (a)(2)(A) for such fiscal year; and
or contractor in calendar year 2019; and ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— ‘‘(B) each such District’s and territory’s
(3) no officer or employee of the eligible ‘‘(1) IN GENERAL.—Subject to paragraph (2), share of the combined total population of the
business whose total compensation exceeded not later than 30 days after the date of en- District of Columbia and all such territories,
$3,000,000 in calendar year 2019 may receive actment of this section, the Secretary shall as determined by the Secretary.
during any 12 consecutive months of such pe- pay each State and Tribal government, and ‘‘(7) TRIBAL GOVERNMENTS.—From the
riod total compensation in excess of the sum each unit of local government that meets the amount set aside under subsection (a)(2)(B)
of— condition described in paragraph (2), the for fiscal year 2020, the amount paid under
(A) $3,000,000; and amount determined for the State, Tribal this section for fiscal year 2020 to a Tribal
(B) 50 percent of the excess over $3,000,000 government, or unit of local government, for government shall be the amount the Sec-
of the total compensation received by the of- fiscal year 2020 under subsection (c). retary shall determine, in consultation with
ficer or employee from the eligible business ‘‘(2) DIRECT PAYMENTS TO UNITS OF LOCAL the Secretary of the Interior and Indian
in calendar year 2019. GOVERNMENT.—If a unit of local government Tribes, that is based on increased expendi-
(b) TOTAL COMPENSATION DEFINED.—In this of a State submits the certification required tures of each such Tribal government (or a
section, the term ‘‘total compensation’’ in- by subsection (e) for purposes of receiving a tribally-owned entity of such Tribal govern-
cludes salary, bonuses, awards of stock, and direct payment from the Secretary under the ment) relative to aggregate expenditures in
other financial benefits provided by an air authority of this paragraph, the Secretary fiscal year 2019 by the Tribal government (or
carrier or contractor to an officer or em- shall reduce the amount determined for that tribally-owned entity) and determined in
ployee of the air carrier or contractor. State by the relative unit of local govern- such manner as the Secretary determines ap-
SEC. 4117. TAX PAYER PROTECTION. ment population proportion amount de- propriate to ensure that all amounts avail-
The Secretary may receive warrants, op- scribed in subsection (c)(5) and pay such able under subsection (a)(2)(B) for fiscal year
tions, preferred stock, debt securities, notes, amount directly to such unit of local govern- 2020 are distributed to Tribal governments.
or other financial instruments issued by re- ment. ‘‘(8) DATA.—For purposes of this sub-
cipients of financial assistance under this ‘‘(c) PAYMENT AMOUNTS.— section, the population of States and units of
subtitle which, in the sole determination of ‘‘(1) IN GENERAL.—Subject to paragraph (2), local governments shall be determined based
the Secretary, provide appropriate com- the amount paid under this section for fiscal on the most recent year for which data are
pensation to the Federal Government for the year 2020 to a State that is 1 of the 50 States available from the Bureau of the Census.
provision of the financial assistance. shall be the amount equal to the relative ‘‘(d) USE OF FUNDS.—A State, Tribal gov-
SEC. 4118. REPORTS. population proportion amount determined ernment, and unit of local government shall
(a) REPORT.—Not later than November 1, use the funds provided under a payment
for the State under paragraph (3) for such
2020, the Secretary shall submit to the Com- made under this section to cover only those
fiscal year.
costs of the State, Tribal government, or
mittee on Transportation and Infrastructure ‘‘(2) MINIMUM PAYMENT.—
unit of local government that—
and the Committee on Financial Services of ‘‘(A) IN GENERAL.—No State that is 1 of the
‘‘(1) are necessary expenditures incurred
the House of Representatives and the Com- 50 States shall receive a payment under this
due to the public health emergency with re-
mittee on Commerce, Science, and Transpor- section for fiscal year 2020 that is less than
spect to the Coronavirus Disease 2019
tation and the Committee on Banking, Hous- $1,250,000,000.
(COVID-19);
ing, and Urban Affairs of the Senate a report ‘‘(B) PRO RATA ADJUSTMENTS.—The Sec-
‘‘(2) were not accounted for in the budget
on the financial assistance provided to air retary shall adjust on a pro rata basis the
most recently approved as of the date of en-
carriers and contractors under this subtitle, amount of the payments for each of the 50
actment of this section for the State or gov-
including a description of any financial as- States determined under this subsection
ernment; and
sistance provided. without regard to this subparagraph to the
(b) UPDATE.—Not later than the last day of ‘‘(3) were incurred during the period that
extent necessary to comply with the require-
the 1-year period following the date of enact- begins on March 1, 2020, and ends on Decem-
ments of subparagraph (A).
ment of this Act, the Secretary shall update ber 30, 2020.
‘‘(3) RELATIVE POPULATION PROPORTION ‘‘(e) CERTIFICATION.—In order to receive a
and submit to the Committee on Transpor- AMOUNT.—For purposes of paragraph (1), the payment under this section, a unit of local
tation and the Committee on Financial Serv- relative population proportion amount de- government shall provide the Secretary with
ices and Infrastructure of the House of Rep- termined under this paragraph for a State a certification signed by the Chief Executive
resentatives and the Committee on Com- for fiscal year 2020 is the product of— for the unit of local government that the
merce, Science, and Transportation and the ‘‘(A) the amount appropriated under para- local government’s proposed uses of the
Committee on Banking, Housing, and Urban graph (1) of subsection (a) for fiscal year 2020 funds are consistent with subsection (d).
Affairs of the Senate the report described in that remains after the application of para- ‘‘(f) INSPECTOR GENERAL OVERSIGHT;
subsection (a). graph (2) of that subsection; and RECOUPMENT.—
SEC. 4119. COORDINATION. ‘‘(B) the relative State population propor- ‘‘(1) OVERSIGHT AUTHORITY.—The Inspector
In implementing this subtitle the Sec- tion (as defined in paragraph (4)). General of the Department of the Treasury
retary shall coordinate with the Secretary of ‘‘(4) RELATIVE STATE POPULATION PROPOR- shall conduct monitoring and oversight of
Transportation. TION DEFINED.—For purposes of paragraph the receipt, disbursement, and use of funds
SEC. 4120. DIRECT APPROPRIATION. (3)(B), the term ‘relative State population made available under this section.
Notwithstanding any other provision of proportion’ means, with respect to a State, ‘‘(2) RECOUPMENT.—If the Inspector General
law, there is appropriated, out of amounts in the quotient of— of the Department of the Treasury deter-
the Treasury not otherwise appropriated, ‘‘(A) the population of the State; and mines that a State, Tribal government, or
$32,000,000,000 to carry out this subtitle. ‘‘(B) the total population of all States (ex- unit of local government has failed to com-
TITLE V—CORONAVIRUS RELIEF FUNDS cluding the District of Columbia and terri- ply with subsection (d), the amount equal to
tories specified in subsection (a)(2)(A)). the amount of funds used in violation of such
SEC. 5001. CORONAVIRUS RELIEF FUND.
‘‘(5) RELATIVE UNIT OF LOCAL GOVERNMENT subsection shall be booked as a debt of such
(a) IN GENERAL.—The Social Security Act POPULATION PROPORTION AMOUNT.—For pur- entity owed to the Federal Government.
(42 U.S.C. 301 et seq.) is amended by inserting poses of subsection (b)(2), the term ‘relative Amounts recovered under this subsection
after title V the following: unit of local government population propor- shall be deposited into the general fund of
‘‘TITLE VI—CORONAVIRUS RELIEF FUND tion amount’ means, with respect to a unit the Treasury.
‘‘SEC. 601. CORONAVIRUS RELIEF FUND. of local government and a State, the amount ‘‘(3) APPROPRIATION.—Out of any money in
‘‘(a) APPROPRIATION.— equal to the product of— the Treasury of the United States not other-
‘‘(1) IN GENERAL.—Out of any money in the ‘‘(A) 45 percent of the amount of the pay- wise appropriated, there are appropriated to
Treasury of the United States not otherwise ment determined for the State under this the Office of the Inspector General of the De-
appropriated, there are appropriated for subsection (without regard to this para- partment of the Treasury, $35,000,000 to carry
making payments to States, Tribal govern- graph); and out oversight and recoupment activities
ments, and units of local government under ‘‘(B) the amount equal to the quotient of— under this subsection. Amounts appropriated
this section, $150,000,000,000 for fiscal year ‘‘(i) the population of the unit of local gov- under the preceding sentence shall remain
2020. ernment; and available until expended.
‘‘(2) RESERVATION OF FUNDS.—Of the ‘‘(ii) the total population of the State in ‘‘(4) AUTHORITY OF INSPECTOR GENERAL.—
amount appropriated under paragraph (1), which the unit of local government is lo- Nothing in this subsection shall be construed
dlhill on DSKBBY8HB2PROD with SENATE
the Secretary shall reserve— cated. to diminish the authority of any Inspector
‘‘(A) $3,000,000,000 of such amount for mak- ‘‘(6) DISTRICT OF COLUMBIA AND TERRI- General, including such authority as pro-
ing payments to the District of Columbia, TORIES.—The amount paid under this section vided in the Inspector General Act of 1978 (5
the Commonwealth of Puerto Rico, the for fiscal year 2020 to a State that is the Dis- U.S.C. App.).
United States Virgin Islands, Guam, the trict of Columbia or a territory specified in ‘‘(g) DEFINITIONS.—In this section:
Commonwealth of the Northern Mariana Is- subsection (a)(2)(A) shall be the amount ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’
lands, and American Samoa; and equal to the product of— has the meaning given that term in section
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2125
4(e) of the Indian Self-Determination and DIVISION B—EMERGENCY APPROPRIA- tion Act, the Poultry Products Inspection
Education Assistance Act (25 U.S.C. 5304(e)). TIONS FOR CORONAVIRUS HEALTH RE- Act, and the Egg Products Inspection Act:
‘‘(2) LOCAL GOVERNMENT.—The term ‘unit of SPONSE AND AGENCY OPERATIONS Provided, That such amount is designated by
local government’ means a county, munici- The following sums are hereby are appro- the Congress as being for an emergency re-
pality, town, township, village, parish, bor- priated, out of any money in the Treasury quirement pursuant to section 251(b)(2)(A)(i)
ough, or other unit of general government not otherwise appropriated, for the fiscal of the Balanced Budget and Emergency Def-
below the State level with a population that year ending September 30, 2020, and for other icit Control Act of 1985.
exceeds 500,000. purposes, namely: FARM PRODUCTION AND CONSERVATION
‘‘(3) SECRETARY.—The term ‘Secretary’ TITLE I PROGRAMS
means the Secretary of the Treasury. FARM SERVICE AGENCY
‘‘(4) STATE.—The term ‘State’ means the 50 AGRICULTURAL PROGRAMS
States, the District of Columbia, the Com- OFFICE OF THE SECRETARY For an additional amount for ‘‘Salaries
monwealth of Puerto Rico, the United States and Expenses’’, $3,000,000, to remain avail-
For an additional amount for the ‘‘Office of
Virgin Islands, Guam, the Commonwealth of able until September 30, 2021, to prevent, pre-
the Secretary’’, $9,500,000,000, to remain
the Northern Mariana Islands, and American pare for, and respond to coronavirus, domes-
available until expended, to prevent, prepare
Samoa. tically or internationally, including nec-
for, and respond to coronavirus by providing
‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib- essary expenses to hire temporary staff and
support for agricultural producers impacted
al government’ means the recognized gov- overtime expenses: Provided, That such
by coronavirus, including producers of spe-
erning body of an Indian Tribe.’’. amount is designated by the Congress as
cialty crops, producers that supply local food
being for an emergency requirement pursu-
(b) APPLICATION OF PROVISIONS.—Amounts systems, including farmers markets, res-
ant to section 251(b)(2)(A)(i) of the Balanced
appropriated for fiscal year 2020 under sec- taurants, and schools, and livestock pro-
Budget and Emergency Deficit Control Act
tion 601(a)(1) of the Social Security Act (as ducers, including dairy producers: Provided,
of 1985.
added by subsection (a)) shall be subject to That such amount is designated by the Con-
the requirements contained in Public Law gress as being for an emergency requirement RURAL DEVELOPMENT PROGRAMS
116–94 for funds for programs authorized pursuant to section 251(b)(2)(A)(i) of the Bal- RURAL BUSINESS—COOPERATIVE SERVICE
under sections 330 through 340 of the Public anced Budget and Emergency Deficit Control RURAL BUSINESS PROGRAM ACCOUNT
Health Service Act (42 U.S.C. 254 through Act of 1985. For an additional amount for ‘‘Rural Busi-
256). OFFICE OF INSPECTOR GENERAL ness Program Account’’, $20,500,000, to re-
TITLE VI—MISCELLANEOUS PROVISIONS For an additional amount for ‘‘Office of In- main available until September 30, 2021, to
SEC. 6001. COVID–19 BORROWING AUTHORITY spector General’’, $750,000, to remain avail- prevent, prepare for, and respond to
FOR THE UNITED STATES POSTAL able until September 30, 2021, to prevent, pre- coronavirus, for the cost of loans for rural
SERVICE. pare for, and respond to coronavirus, domes- business development programs authorized
(a) DEFINITIONS.—In this section— tically or internationally: Provided, That the by section 310B and described in subsection
(1) the term ‘‘COVID–19 emergency’’ means funding made available under this heading in (g) of section 310B of the Consolidated Farm
the emergency involving Federal primary re- this Act shall be used for conducting audits and Rural Development Act: Provided, That
sponsibility determined to exist by the and investigations of projects and activities such amount is designated by the Congress
President under section 501(b) of the Robert carried out with funds made available in this as being for an emergency requirement pur-
T. Stafford Disaster Relief and Emergency Act to the Department of Agriculture to pre- suant to section 251(b)(2)(A)(i) of the Bal-
Assistance Act (42 U.S.C. 5191(b)) with re- vent, prepare for, and respond to anced Budget and Emergency Deficit Control
spect to the Coronavirus Disease 2019 coronavirus, domestically or internation- Act of 1985.
(COVID–19); and ally: Provided further, That such amount is RURAL UTILITIES SERVICE
(2) the term ‘‘Postal Service’’ means the designated by the Congress as being for an DISTANCE LEARNING, TELEMEDICINE, AND
United States Postal Service. emergency requirement pursuant to section BROADBAND PROGRAM
(b) ADDITIONAL BORROWING AUTHORITY.— 251(b)(2)(A)(i) of the Balanced Budget and
For an additional amount for ‘‘Distance
Notwithstanding section 2005 of title 39, Emergency Deficit Control Act of 1985.
Learning, Telemedicine, and Broadband Pro-
United States Code, or any other provision of ANIMAL AND PLANT HEALTH INSPECTION gram’’, $25,000,000, to remain available until
law, if the Postal Service determines that, SERVICE expended, to prevent, prepare for, and re-
due to the COVID–19 emergency, the Postal SALARIES AND EXPENSES spond to coronavirus, domestically or inter-
Service will not be able to fund operating ex- For an additional amount for ‘‘Salaries nationally, for telemedicine and distance
penses without borrowing money— and Expenses’’, $55,000,000, to remain avail- learning services in rural areas, as author-
(1) the Postal Service may borrow money able until September 30, 2021, to prevent, pre- ized by 7 U.S.C. 950aaa et seq.: Provided, That
from the Treasury in an amount not to ex- pare for, and respond to coronavirus, domes- such amount is designated by the Congress
ceed $10,000,000,000— tically or internationally, including for nec- as being for an emergency requirement pur-
(A) to be used for such operating expenses; essary expenses for salary costs associated suant to section 251(b)(2)(A)(i) of the Bal-
and with the Agriculture Quarantine and Inspec- anced Budget and Emergency Deficit Control
(B) which may not be used to pay any out- tion Program: Provided, That such amount Act of 1985.
standing debt of the Postal Service; and is designated by the Congress as being for an DOMESTIC FOOD PROGRAMS
(2) the Secretary of the Treasury may lend emergency requirement pursuant to section
up to the amount described in paragraph (1) FOOD AND NUTRITION SERVICE
251(b)(2)(A)(i) of the Balanced Budget and
at the request of the Postal Service, upon CHILD NUTRITION PROGRAMS
Emergency Deficit Control Act of 1985.
terms and conditions mutually agreed upon For an additional amount for ‘‘Child Nutri-
by the Secretary and the Postal Service. AGRICULTURAL MARKETING SERVICE
tion Programs’’, $8,800,000,000 to remain
(c) PRIORITIZATION OF DELIVERY FOR MED- MARKETING SERVICES available until September 30, 2021, to pre-
ICAL PURPOSES DURING COVID–19 EMER- For an additional amount for ‘‘Marketing vent, prepare for, and respond to
GENCY.—Notwithstanding any other provi- Services’’, $45,000,000, to remain available coronavirus, domestically or internation-
sion of law, during the COVID–19 emergency, until September 30, 2021, to prevent, prepare ally: Provided, That such amount is des-
the Postal Service— for, and respond to coronavirus, domestically ignated by the Congress as being for an
(1) shall prioritize delivery of postal prod- or internationally, including necessary ex- emergency requirement pursuant to section
ucts for medical purposes; and penses for salary costs associated with com- 251(b)(2)(A)(i) of the Balanced Budget and
(2) may establish temporary delivery modity grading, inspection, and audit activi- Emergency Deficit Control Act of 1985.
points, in such form and manner as the Post- ties: Provided, That such amount is des- SUPPLEMENTAL NUTRITION ASSISTANCE
al Service determines necessary, to protect ignated by the Congress as being for an PROGRAM
employees of the Postal Service and individ- emergency requirement pursuant to section
For an additional amount for ‘‘Supple-
uals receiving deliveries from the Postal 251(b)(2)(A)(i) of the Balanced Budget and
mental Nutrition Assistance Program’’,
Service. Emergency Deficit Control Act of 1985.
$15,810,000,000, to remain available until Sep-
SEC. 6002. EMERGENCY DESIGNATION. FOOD SAFETY AND INSPECTION SERVICE tember 30, 2021, to prevent, prepare for, and
(a) IN GENERAL.—The amounts provided For an additional amount for ‘‘Food Safety respond to coronavirus, domestically or
under this division are designated as an and Inspection Service’’, $33,000,000, to re- internationally: Provided, That of the
emergency requirement pursuant to section main available until September 30, 2021, to amount provided under this heading in this
dlhill on DSKBBY8HB2PROD with SENATE
4(g) of the Statutory Pay-As-You-Go Act of prevent, prepare for, and respond to Act, $15,510,000,000 shall be placed in a con-
2010 (2 U.S.C. 933(g)). coronavirus, domestically or internation- tingency reserve to be allocated as the Sec-
(b) DESIGNATION IN SENATE.—In the Senate, ally, including for support of temporary and retary deems necessary to support participa-
this division is designated as an emergency intermittent workers, relocation of inspec- tion should cost or participation exceed
requirement pursuant to section 4112(a) of H. tors, and, notwithstanding 21 U.S.C. 468, 695 budget estimates to prevent, prepare for, and
Con. Res. 71 (115th Congress), the concurrent and 1053 and 7 U.S.C. 2219a, costs of overtime respond to coronavirus: Provided further,
resolution on the budget for fiscal year 2018. inspectors under the Federal Meat Inspec- That of the amount provided under this
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2126 CONGRESSIONAL RECORD — SENATE March 25, 2020
heading in this Act, $100,000,000 shall be for GENERAL PROVISIONS—THIS TITLE TITLE II
the food distribution program on Indian res- DEPARTMENT OF COMMERCE
ervations program as authorized by Section (INCLUDING TRANSFER OF FUNDS)
ECONOMIC DEVELOPMENT ADMINISTRATION
4(b) of the Food and Nutrition Act of 2008 (7 SEC. 11001. Of the funds made available to
U.S.C. 2013) and Section 4(a) of the Agri- ECONOMIC DEVELOPMENT ASSISTANCE
the Rural Development mission area in this PROGRAMS
culture and Consumer Protection Act of 1973 title, and in addition to funds otherwise
(7 U.S.C. 1431) to prevent, prepare for, and re- made available for such purpose, not more
(INCLUDING TRANSFERS OF FUNDS)
spond to coronavirus, of which $50,000,000 than 3 percent may be used for administra- Pursuant to section 703 of the Public
shall be for facility improvements and equip- tive costs to carry out loan, loan guarantee Works and Economic Development Act (42
ment upgrades and of which $50,000,000 shall U.S.C. 3233), for an additional amount for
and grant activities funded in this title to
be for the costs relating to additional food ‘‘Economic Development Assistance Pro-
prevent, prepare for, and respond to
purchases: Provided further, That of the grams’’, $1,500,000,000, to remain available
coronavirus, domestically or internation-
amount provided under this heading in this until September 30, 2022, to prevent, prepare
ally: Provided, That such funds shall be
Act, $200,000,000 to remain available through for, and respond to coronavirus, domestically
transferred to, and merged with, the appro-
September 30, 2021, shall be available for the or internationally, including for necessary
Secretary of Agriculture to provide grants to priation for ‘‘Rural Development, Salaries
expenses for responding to economic injury
the Commonwealth of the Northern Mariana and Expenses’’ and, once transferred, shall be
as a result of coronavirus: Provided, That
Islands, Puerto Rico, and American Samoa used only to prevent, prepare for, and re-
such amount shall be for economic adjust-
for nutrition assistance to prevent, prepare spond to coronavirus, domestically or inter-
ment assistance as authorized by section 209
for, and respond to coronavirus, domestically nationally: Provided further, that this trans-
of the Public Works and Economic Develop-
or internationally: Provided further, That fer authority is in addition to any other ment Act of 1965 (42 U.S.C. 3149): Provided fur-
such amount is designated by the Congress transfer authority provided by law. ther, That within the amount appropriated
as being for an emergency requirement pur- COMMODITY CREDIT CORPORATION under this heading in this Act, up to 2 per-
suant to section 251(b)(2)(A)(i) of the Bal- cent of funds may be transferred to the ‘‘Sal-
anced Budget and Emergency Deficit Control REIMBURSEMENT OF PRESENT NET REALIZED aries and Expenses’’ account for administra-
Act of 1985. LOSSES tion and oversight activities related to pre-
COMMODITY ASSISTANCE PROGRAM venting, preparing for, and responding to
SEC. 11002. Of the amounts provided in the
coronavirus: Provided further, That the Sec-
For an additional amount for ‘‘Commodity Further Consolidated Appropriations Act, retary of Commerce is authorized to appoint
Assistance Program’’, $450,000,000, to remain 2020 (Public Law 116–94) under the heading and fix the compensation of such temporary
available through September 30, 2021, to pre- ‘‘Commodity Credit Corporation Fund—Re- personnel as may be necessary to implement
vent, prepare for, and respond to imbursement for Net Realized Losses’’, the requirements under this heading in this
coronavirus, domestically or internation- $14,000,000,000, may be used, prior to the com- Act to prevent, prepare for, and respond to
ally, for the emergency food assistance pro- pletion of the report described in 15 U.S.C. coronavirus, without regard to the provi-
gram as authorized by section 27(a) of the 713a–11, to reimburse the Commodity Credit sions of title 5, United States Code, gov-
Food and Nutrition Act of 2008 (7 U.S.C. Corporation for net realized losses sustained, erning appointments in competitive service:
2036(a)) and section 204(a)(1) of the Emer- but not previously reimbursed, as reflected Provided further, That the Secretary of Com-
gency Food Assistance Act of 1983 (7 U.S.C. in the June 2020 report of its financial condi- merce is authorized to appoint such tem-
7508(a)(1)): Provided, That of the funds made tion: Provided, That such amount is des- porary personnel, after serving continuously
available, the Secretary may use up to ignated by the Congress as being for an for 2 years, to positions in the Economic De-
$150,000,000 for costs associated with the dis- emergency requirement pursuant to section velopment Administration in the same man-
tribution of commodities: Provided further, 251(b)(2)(A)(i) of the Balanced Budget and ner that competitive service employees with
That such amount is designated by the Con- Emergency Deficit Control Act of 1985. competitive status are considered for trans-
gress as being for an emergency requirement fer, reassignment, or promotion to such posi-
SEC. 11003. The Secretary may extend the
pursuant to section 251(b)(2)(A)(i) of the Bal- tions and an individual appointed under this
anced Budget and Emergency Deficit Control term of a marketing assistance loan author-
ized by section 1201 of the Agricultural Act provision shall become a career-conditional
Act of 1985. employee, unless the employee has already
of 2014 (7 U.S.C. 9033) for any loan commodity
FOREIGN ASSISTANCE AND RELATED to 12 months: Provided, That the authority completed the service requirements for ca-
PROGRAMS made available pursuant to this section shall reer tenure: Provided further, That within the
FOREIGN AGRICULTURAL SERVICE expire on September 30, 2020: Provided fur- amount appropriated under this heading in
ther, That the amount provided by this sec- this Act, $3,000,000 shall be transferred to the
SALARIES AND EXPENSES ‘‘Office of Inspector General’’ account for
tion is designated by the Congress as being
For an additional amount for ‘‘Salaries for an emergency requirement pursuant to carrying out investigations and audits re-
and Expenses’’, $4,000,000, to remain avail- section 251(b)(2)(A)(i) of the Balanced Budget lated to the funding provided to prevent, pre-
able until September 30, 2021, to prevent, pre- and Emergency Deficit Control Act of 1985. pare for, and respond to coronavirus under
pare for, and respond to coronavirus, domes- this heading in this Act: Provided further,
SEC. 11004. For an additional amount for That such amount is designated by the Con-
tically or internationally, including nec-
grants under the pilot program established gress as being for an emergency requirement
essary expenses to relocate employees and
their dependents back from overseas posts: under section 779 of Public Law 115–141, to pursuant to section 251(b)(2)(A)(i) of the Bal-
Provided, That such amount is designated by prevent, prepare for, and respond to anced Budget and Emergency Deficit Control
the Congress as being for an emergency re- coronavirus, $100,000,000, to remain available Act of 1985.
quirement pursuant to section 251(b)(2)(A)(i) until September 30, 2021: Provided, That at NATIONAL INSTITUTE OF STANDARDS AND
of the Balanced Budget and Emergency Def- least 90 percent of the households to be TECHNOLOGY
icit Control Act of 1985. served by a project receiving a grant shall be
SCIENTIFIC AND TECHNICAL RESEARCH AND
in a rural area without sufficient access to
RELATED AGENCIES AND FOOD AND SERVICES
broadband: Provided further, That for pur-
DRUG ADMINISTRATION poses of such pilot program, a rural area For an additional amount for ‘‘Scientific
DEPARTMENT OF HEALTH AND HUMAN without sufficient access to broadband shall and Technical Research and Services’’,
SERVICES be defined as 10 Mbps downstream and 1 $6,000,000, to remain available until Sep-
Mbps upstream, and such definition shall be tember, 30, 2021, to prevent, prepare for, and
FOOD AND DRUG ADMINISTRATION respond to coronavirus, domestically or
reevaluated and redefined, as necessary, on
SALARIES AND EXPENSES an annual basis by the Secretary of Agri- internationally, by supporting continuity of
culture: Provided further, That an entity to operations, including measurement science
For an additional amount for ‘‘Salaries
which a grant is made under the pilot pro- to support viral testing and biomanufac-
and Expenses’’, $80,000,000, to remain avail-
gram shall not use a grant to overbuild or turing: Provided, That such amount is des-
able until expended, to prevent, prepare for,
duplicate broadband expansion efforts made ignated by the Congress as being for an
and respond to coronavirus, domestically or
by any entity that has received a broadband emergency requirement pursuant to section
internationally, including funds for the de-
loan from the Rural Utilities Service: Pro- 251(b)(2)(A)(i) of the Balanced Budget and
velopment of necessary medical counter-
vided further, That priority consideration for Emergency Deficit Control Act of 1985.
measures and vaccines, advanced manufac-
turing for medical products, the monitoring grants shall be given to previous applicants INDUSTRIAL TECHNOLOGY SERVICES
dlhill on DSKBBY8HB2PROD with SENATE
of medical product supply chains, and re- now eligible as a result of adjusted eligi- For an additional amount for ‘‘Industrial
lated administrative activities: Provided, bility requirements: Provided further, That Technology Services’’, $60,000,000, to remain
That such amount is designated by the Con- such amount is designated by the Congress available until September 30, 2021, to pre-
gress as being for an emergency requirement as being for an emergency requirement pur- vent, prepare for, and respond to
pursuant to section 251(b)(2)(A)(i) of the Bal- suant to section 251(b)(2)(A)(i) of the Bal- coronavirus, domestically or internation-
anced Budget and Emergency Deficit Control anced Budget and Emergency Deficit Control ally: Provided, That of the amount provided
Act of 1985. Act of 1985. under this heading in this Act, $50,000,000
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2127
shall be for the Hollings Manufacturing Ex- and respond to coronavirus, domestically or SCIENCE
tension Partnership to assist manufacturers internationally, including the impact of NATIONAL AERONAUTICS AND SPACE
to prevent, prepare for, and respond to coronavirus on the work of the Department ADMINISTRATION
coronavirus and $10,000,000 shall be for the of Justice: Provided, That such amount is SAFETY, SECURITY AND MISSION SERVICES
National Network for Manufacturing Innova- designated by the Congress as being for an
For an additional amount for ‘‘Safety, Se-
tion (also known as ‘‘Manufacturing USA’’) emergency requirement pursuant to section
curity and Mission Services’’, $60,000,000, to
to prevent, prepare for, and respond to 251(b)(2)(A)(i) of the Balanced Budget and
remain available until September 30, 2021, to
coronavirus, including to support develop- Emergency Deficit Control Act of 1985.
prevent, prepare for, and respond to
ment and manufacturing of medical counter- FEDERAL BUREAU OF INVESTIGATION coronavirus, domestically or internation-
measures and biomedical equipment and sup-
SALARIES AND EXPENSES
ally: Provided, That such amount is des-
plies: Provided further, That none of the funds
ignated by the Congress as being for an
provided under this heading in this Act shall For an additional amount for ‘‘Federal Bu- emergency requirement pursuant to section
be subject to cost share requirements under reau of Investigation, Salaries and Ex- 251(b)(2)(A)(i) of the Balanced Budget and
15 U.S.C. 278k(e)(2) or 15 U.S.C. 278s(e)(7)(A): penses’’, $20,000,000, to prevent, prepare for, Emergency Deficit Control Act of 1985.
Provided further, That such amount is des- and respond to coronavirus, domestically or
ignated by the Congress as being for an NATIONAL SCIENCE FOUNDATION
internationally, including the impact of
emergency requirement pursuant to section RESEARCH AND RELATED ACTIVITIES
coronavirus on the work of the Department
251(b)(2)(A)(i) of the Balanced Budget and of Justice: Provided, That such amount is For an additional amount for ‘‘Research
Emergency Deficit Control Act of 1985. designated by the Congress as being for an and Related Activities’’, $75,000,000, to re-
NATIONAL OCEANIC AND ATMOSPHERIC emergency requirement pursuant to section main available until September 30, 2021, to
ADMINISTRATION 251(b)(2)(A)(i) of the Balanced Budget and prevent, prepare for, and respond to
Emergency Deficit Control Act of 1985. coronavirus, domestically or internation-
OPERATIONS, RESEARCH, AND FACILITIES
ally, including to fund research grants and
For an additional amount for ‘‘Operations, DRUG ENFORCEMENT ADMINISTRATION other necessary expenses: Provided, That
Research, and Facilities’’, $20,000,000, to re- SALARIES AND EXPENSES such amount is designated by the Congress
main available until September, 30, 2021, to as being for an emergency requirement pur-
prevent, prepare for, and respond to For an additional amount for ‘‘Drug En-
suant to section 251(b)(2)(A)(i) of the Bal-
coronavirus, domestically or internation- forcement Administration, Salaries and Ex-
anced Budget and Emergency Deficit Control
ally, by supporting continuity of operations, penses’’, $15,000,000, to prevent, prepare for,
Act of 1985.
including National Weather Service life and and respond to coronavirus, domestically or
internationally, including the impact of AGENCY OPERATIONS AND AWARD MANAGEMENT
property related operations: Provided, That
such amount is designated by the Congress coronavirus on the work of the Department For an additional amount for ‘‘Agency Op-
as being for an emergency requirement pur- of Justice: Provided, That such amount is erations and Award Management’’, $1,000,000,
suant to section 251(b)(2)(A)(i) of the Bal- designated by the Congress as being for an to prevent, prepare for, and respond to
anced Budget and Emergency Deficit Control emergency requirement pursuant to section coronavirus, domestically or internation-
Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and ally, including to administer research grants
Emergency Deficit Control Act of 1985. and other necessary expenses: Provided, That
DEPARTMENT OF JUSTICE such amount is designated by the Congress
GENERAL ADMINISTRATION FEDERAL PRISON SYSTEM as being for an emergency requirement pur-
JUSTICE INFORMATION SHARING TECHNOLOGY SALARIES AND EXPENSES suant to section 251(b)(2)(A)(i) of the Bal-
For an additional amount for ‘‘Justice In- For an additional amount for ‘‘Federal anced Budget and Emergency Deficit Control
formation Sharing Technology’’, $2,000,000, Prison System, Salaries and Expenses’’, Act of 1985.
to remain available until expended, to pre- $100,000,000, to prevent, prepare for, and re- RELATED AGENCIES
vent, prepare for, and respond to spond to coronavirus, domestically or inter- LEGAL SERVICES CORPORATION
coronavirus, domestically or internation- nationally, including the impact of PAYMENT TO THE LEGAL SERVICES
ally, including the impact of coronavirus on coronavirus on the work of the Department CORPORATION
the work of the Department of Justice: Pro- of Justice: Provided, That such amount is For an additional amount for ‘‘Payment to
vided, That such amount is designated by the designated by the Congress as being for an the Legal Services Corporation’’, $50,000,000,
Congress as being for an emergency require- emergency requirement pursuant to section to prevent, prepare for, and respond to
ment pursuant to section 251(b)(2)(A)(i) of 251(b)(2)(A)(i) of the Balanced Budget and coronavirus, domestically or internation-
the Balanced Budget and Emergency Deficit Emergency Deficit Control Act of 1985. ally: Provided, That none of the funds appro-
Control Act of 1985. priated under this heading in this Act to the
STATE AND LOCAL LAW ENFORCEMENT
OFFICE OF INSPECTOR GENERAL ACTIVITIES Legal Services Corporation shall be expended
For an additional amount for ‘‘Office of In- for any purpose prohibited or limited by, or
OFFICE OF JUSTICE PROGRAMS
spector General’’, $2,000,000, to remain avail- contrary to any of the provisions of, sections
able until expended to prevent, prepare for, STATE AND LOCAL LAW ENFORCEMENT 501, 502, 503, 504, 505, and 506 of Public Law
and respond to coronavirus, domestically or ASSISTANCE 105–119, and all funds appropriated in this
internationally, including the impact of For an additional amount for ‘‘State and Act to the Legal Services Corporation shall
coronavirus on the work of the Department Local Law Enforcement Assistance’’, be subject to the same terms and conditions
of Justice and to carry out investigations $850,000,000, to remain available until ex- set forth in such sections, except that all ref-
and audits related to the funding made avail- pended, to prevent, prepare for, and respond erences in sections 502 and 503 to 1997 and
able for the Department of Justice in this to coronavirus, domestically or internation- 1998 shall be deemed to refer instead to 2019
Act: Provided, That such amount is des- ally, to be awarded pursuant to the formula and 2020, respectively, and except that sec-
ignated by the Congress as being for an allocation (adjusted in proportion to the rel- tions 501 and 503 of Public Law 104–134 (ref-
emergency requirement pursuant to section ative amounts statutorily designated there- erenced by Public Law 105–119) shall not
251(b)(2)(A)(i) of the Balanced Budget and for) that was used in fiscal year 2019 for the apply to the amount made available under
Emergency Deficit Control Act of 1985. Edward Byrne Memorial Justice Assistance this heading: Provided further, That for the
LEGAL ACTIVITIES Grant program as authorized by subpart 1 of purposes of this Act, the Legal Services Cor-
SALARIES AND EXPENSES, UNITED STATES part E of title I of the Omnibus Crime Con- poration shall be considered an agency of the
ATTORNEYS trol and Safe Streets Acts of 1968 (‘‘1968 United States Government: Provided further,
Act’’): Provided, That the allocation provi- That such amount is designated by the Con-
For an additional amount for ‘‘Salaries gress as being for an emergency requirement
and Expenses, United States Attorneys’’, sions under sections 505(a) through (e) and
the special rules for Puerto Rico under sec- pursuant to section 251(b)(2)(A)(i) of the Bal-
$3,000,000, to prevent, prepare for, and re- anced Budget and Emergency Deficit Control
spond to coronavirus, domestically or inter- tion 505(g), and section 1001(c), of the 1968
Act, shall not apply to the amount provided Act of 1985.
nationally, including the impact of
under this heading in this Act: Provided fur- GENERAL PROVISIONS—THIS TITLE
coronavirus on the work of the Department
of Justice: Provided, That such amount is ther, That awards hereunder, shall not be SEC. 12001. Amounts provided by the Con-
designated by the Congress as being for an subject to restrictions or special conditions solidated Appropriations Act, 2020, (Public
emergency requirement pursuant to section that are the same as (or substantially simi- Law 116–93) for the Hollings Manufacturing
251(b)(2)(A)(i) of the Balanced Budget and lar to) those, imposed on awards under such Extension Partnership under the heading
dlhill on DSKBBY8HB2PROD with SENATE
Emergency Deficit Control Act of 1985. subpart in fiscal year 2018, that forbid inter- ‘‘National Institute of Standards and Tech-
ference with Federal law enforcement: Pro- nology—Industrial Technology Services’’
UNITED STATES MARSHALS SERVICE
vided further, That such amount is des- shall not be subject to cost share require-
SALARIES AND EXPENSES ignated by the Congress as being for an ments under 15 U.S.C. 278k(e)(2): Provided,
For an additional amount for ‘‘United emergency requirement pursuant to section That the authority made available pursuant
States Marshals Service, Salaries and Ex- 251(b)(2)(A)(i) of the Balanced Budget and to this section shall be elective for any Man-
penses’’, $15,000,000, to prevent, prepare for, Emergency Deficit Control Act of 1985. ufacturing Extension Partnership Center
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2128 CONGRESSIONAL RECORD — SENATE March 25, 2020
that also receives funding from a State that (1) IN GENERAL.—During the covered emer- (h) DEFINITIONS.—In this section:
is conditioned upon the application of a Fed- gency period, if the Attorney General finds (1) DIRECTOR.—The term ‘‘Director’’ means
eral cost sharing requirement. that emergency conditions will materially the Under Secretary of Commerce for Intel-
SEC. 12002. (a) Funds appropriated in this affect the functioning of the Bureau, the Di- lectual Property and Director of the United
title for the National Science Foundation rector of the Bureau shall promulgate rules States Patent and Trademark Office.
may be made available to restore amounts, regarding the ability of inmates to conduct (2) TRADEMARK ACT.—The term ‘‘Trade-
either directly or through reimbursement, visitation through video teleconferencing mark Act’’ means the Act entitled ‘‘An Act
for obligations incurred by the National and telephonically, free of charge to in- to provide for the registration and protec-
Science Foundation for research grants and mates, during the covered emergency period. tion of trademarks used in commerce, to
other necessary expenses to prevent, prepare (2) EXEMPTION FROM NOTICE-AND-COMMENT carry out the provisions of certain inter-
for, and respond to coronavirus, domestically RULEMAKING REQUIREMENTS.—Section 553 of national conventions, and for other pur-
or internationally, prior to the date of enact- title 5, United States Code, shall not apply poses’’, approved July 5, 1946 (15 U.S.C. 1051
ment of this Act. to the promulgation of rules under para- et seq.).
(b) Grants or cooperative agreements made graph (1) of this subsection. (i) EMERGENCY REQUIREMENT.—The amount
by the National Science Foundation under (d) EMERGENCY REQUIREMENT.—The provided by this section is designated by the
this title, to carry out research grants and amount provided by this section is des- Congress as being for an emergency require-
other necessary expenses to prevent, prepare ignated by the Congress as being for an ment pursuant to section 251(b)(2)(A)(i) of
for, and respond to coronavirus, domestically emergency requirement pursuant to section the Balanced Budget and Emergency Deficit
or internationally, shall include amounts to 251(b)(2)(A)(i) of the Balanced Budget and Control Act of 1985.
reimburse costs for these purposes incurred Emergency Deficit Control Act of 1985. ASSISTANCE TO FISHERY PARTICIPANTS
between January 20, 2020, and the date of TEMPORARY AUTHORITY OF DIRECTOR OF THE
issuance of such grants or agreements. SEC. 12005. (a) IN GENERAL.—The Secretary
USPTO DURING THE COVID–19 EMERGENCY.
BUREAU OF PRISONS
of Commerce is authorized to provide assist-
SEC. 12004. (a) IN GENERAL.—During the ance to Tribal, subsistence, commercial, and
SEC. 12003. (a) DEFINITIONS.—In this sec- emergency period described in subsection (e), charter fishery participants affected by the
tion— the Director may toll, waive, adjust, or mod- novel coronavirus (COVID–19), which may in-
(1) the term ‘‘Bureau’’ means the Bureau of ify, any timing deadline established by title clude direct relief payments.
Prisons; 35, United States Code, the Trademark Act, (b) FISHERY PARTICIPANTS.—For the pur-
(2) the term ‘‘covered emergency period’’ section 18 of the Leahy-Smith America In- poses of this section, ‘‘fishery participants’’
means the period beginning on the date on vents Act (35 U.S.C. 321 note), or regulations include Tribes, persons, fishing commu-
which the President declared a national promulgated thereunder, in effect during nities, aquaculture businesses not otherwise
emergency under the National Emergencies such period, if the Director determines that eligible for assistance under part 1416 of title
Act (50 U.S.C. 1601 et seq.) with respect to the emergency related to such period— 7 of the Code of Federal Regulations for
the Coronavirus Disease 2019 (COVID–19) and (1) materially affects the functioning of losses related to COVID–19, processors, or
ending on the date that is 30 days after the the Patent and Trademark Office; other fishery-related businesses, who have
date on which the national emergency dec- (2) prejudices the rights of applicants, reg- incurred, as a direct or indirect result of the
laration terminates; and istrants, patent owners, or others appearing coronavirus pandemic—
(3) the term ‘‘Secretary’’ means the Sec- before the Office; or (1) economic revenue losses greater than 35
retary of Health and Human Services. (3) prevents applicants, registrants, patent percent as compared to the prior 5-year aver-
(b) SUPPLY OF PERSONAL PROTECTIVE owners, or others appearing before the Office age revenue; or
EQUIPMENT AND TEST KITS TO BUREAU OF from filing a document or fee with the Of- (2) any negative impacts to subsistence,
PRISONS; HOME CONFINEMENT AUTHORITY.— fice. cultural, or ceremonial fisheries.
(1) PERSONAL PROTECTIVE EQUIPMENT AND (b) PUBLIC NOTICE.—If the Director deter-
TEST KITS.—
(c) ROLLING BASIS.—Funds may be awarded
mines that tolling, waiving, adjusting, or
(A) FINDINGS.—Congress finds the fol- under this section on a rolling basis, and
modifying a timing deadline under sub-
lowing: within a fishing season, to ensure rapid de-
section (a) is appropriate, the Director shall
(i) There is an urgent need for personal livery of funds during the COVID–19 pan-
publish publicly a notice to such effect.
protective equipment and test kits to the demic.
(c) STATEMENT REQUIRED.—Not later than
Bureau based on the density of the inmate 20 days after the Director tolls, waives, ad- (d) APPROPRIATIONS.—In addition to funds
population, the high traffic, the high volume justs, or modifies a timing deadline under that are otherwise made available to assist
of inmates, the high rate of turnover of in- subsection (a) and such toll, waiver, adjust- fishery participants under this Act, there are
mates and personnel, and the number of ment, or modification is in effect for a con- authorized to be appropriated, and there are
high-security areas, within the facilities of secutive or cumulative period exceeding 120 appropriated, $300,000,000, to remain avail-
the Bureau. days, the Director shall submit to Congress a able until September 30, 2021, to carry out
(ii) The inability of the Bureau to secure statement describing the action taken, rel- this section, of which up to 2 percent may be
the purchase of infectious disease personal evant background, and rationale for the pe- used for administration and oversight activi-
protective equipment and related supplies riod of tolling, waiver, adjustment, or modi- ties.
now and in the future is a vulnerability. fication. (e) EMERGENCY REQUIREMENT.—The amount
(iii) The Bureau is currently competing in (d) OTHER LAWS.—Notwithstanding section provided by this section is designated by the
and engaging the same landscape of vendors 301 of the National Emergencies Act (50 Congress as being for an emergency require-
as all other Federal agencies and private en- U.S.C. 1631), the authority of the Director ment pursuant to section 251(b)(2)(A)(i) of
tities. under subsection (a) is not contingent on a the Balanced Budget and Emergency Deficit
(iv) The ability of the Bureau to purchase specification made by the President under Control Act of 1985.
needed equipment and supplies is currently such section or any other requirement under TITLE III
subject to an individual manufacturer’s spe- that Act (other than the emergency declara- DEPARTMENT OF DEFENSE
cific recognition of the Bureau as a priority tion under section 201(a) of such Act (50
and subsequent allocation of the inventory U.S.C. 1621(a))). The authority described in MILITARY PERSONNEL
of the manufacturer to the Bureau. this section supersedes the authority of title NATIONAL GUARD PERSONNEL, ARMY
(B) CONSIDERATION.—The Secretary shall II of the National Emergencies Act (50 U.S.C. For an additional amount for ‘‘National
appropriately consider, relative to other pri- 1621 et seq.). Guard Personnel, Army’’, $746,591,000, to pre-
orities of the Department of Health and (e) EMERGENCY PERIOD.—The emergency vent, prepare for, and respond to
Human Services for high-risk and high-need period described in this subsection includes coronavirus, domestically or internation-
populations, the distribution of infectious the duration of the portion of the emergency ally: Provided, That such amount is des-
disease personal protective equipment and declared by the President pursuant to the ignated by the Congress as being for an
COVID–19 test kits to the Bureau for use by National Emergencies Act on March 13, 2020, emergency requirement pursuant to section
inmates and personnel of the Bureau. as a result of the COVID–19 outbreak (and 251(b)(2)(A)(i) of the Balanced Budget and
(2) HOME CONFINEMENT AUTHORITY.—During any renewal thereof) beginning on or after Emergency Deficit Control Act of 1985.
the covered emergency period, if the Attor- the date of the enactment of this section and
ney General finds that emergency conditions the 60 day period following such duration. NATIONAL GUARD PERSONNEL, AIR FORCE
will materially affect the functioning of the (f) RULE OF CONSTRUCTION.—Nothing in this For an additional amount for ‘‘National
Bureau, the Director of the Bureau may section may be construed as limiting other Guard Personnel, Air Force’’, $482,125,000, to
dlhill on DSKBBY8HB2PROD with SENATE
lengthen the maximum amount of time for statutory authorities the Director may have prevent, prepare for, and respond to
which the Director is authorized to place a to grant relief regarding filings or deadlines. coronavirus, domestically or internation-
prisoner in home confinement under the first (g) SUNSET.—Notwithstanding subsection ally: Provided, That such amount is des-
sentence of section 3624(c)(2) of title 18, (a), the authorities provided under this sec- ignated by the Congress as being for an
United States Code, as the Director deter- tion shall expire upon the expiration of the emergency requirement pursuant to section
mines appropriate. 2-year period after the date of the enactment 251(b)(2)(A)(i) of the Balanced Budget and
(c) VIDEO VISITATION.— of this section. Emergency Deficit Control Act of 1985.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2129
OPERATION AND MAINTENANCE PROCUREMENT and Indian tribal governments, to be merged
OPERATION AND MAINTENANCE, ARMY DEFENSE PRODUCTION ACT PURCHASES with and to be available for the same pur-
For an additional amount for ‘‘Operation For an additional amount for ‘‘Defense poses, and for the same time period, as the
and Maintenance, Army’’, $160,300,000, to pre- Production Act Purchases’’, $1,000,000,000, to appropriation or fund to which transferred:
vent, prepare for, and respond to remain available until expended, to prevent, Provided, That upon a determination that all
coronavirus, domestically or internation- prepare for, and respond to coronavirus, do- or part of the funds transferred pursuant to
ally: Provided, That such amount is des- mestically or internationally: Provided, That this section that are not necessary for the
ignated by the Congress as being for an for the two-year period beginning with the purposes provided herein, such funds shall be
emergency requirement pursuant to section date of enactment of this Act, the require- transferred back to the original appropria-
251(b)(2)(A)(i) of the Balanced Budget and ments described in Section 301(a)(3)(A) and tion: Provided further, That the transfer au-
Emergency Deficit Control Act of 1985. 302(c)(1) of Public Law 81–774, shall be thority provided by this section is in addi-
waived: Provided further, That such amount tion to any other transfer authority provided
OPERATION AND MAINTENANCE, NAVY by law.
For an additional amount for ‘‘Operation is designated by the Congress as being for an
SEC. 13002. For an additional amount for
and Maintenance, Navy’’, $360,308,000, to pre- emergency requirement pursuant to section
‘‘Defense Health Program’’, $1,095,500,000,
vent, prepare for, and respond to 251(b)(2)(A)(i) of the Balanced Budget and
which shall be for operation and mainte-
coronavirus, domestically or internation- Emergency Deficit Control Act of 1985.
nance, and of which $1,095,500,000 may be
ally: Provided, That such amount is des- REVOLVING AND MANAGEMENT FUNDS available for contracts entered into under
ignated by the Congress as being for an DEFENSE WORKING CAPITAL FUNDS the TRICARE program: Provided, That, not-
emergency requirement pursuant to section For an additional amount for ‘‘Defense withstanding that one percent of funding for
251(b)(2)(A)(i) of the Balanced Budget and Working Capital Funds’’, $1,450,000,000, to operation and maintenance under this head-
Emergency Deficit Control Act of 1985. prevent, position, prepare for, and respond to ing in Public Law 116–93 shall remain avail-
OPERATION AND MAINTENANCE, MARINE CORPS coronavirus, domestically or internation- able for obligation until September 30, 2021,
For an additional amount for ‘‘Operation ally: Provided, That of the amount provided funding for operation and maintenance made
and Maintenance, Marine Corps’’, $90,000,000, under this heading in this Act, $475,000,000 available under this heading in this section
to prevent, prepare for, and respond to shall be for the Navy Working Capital Fund, shall only be available through September
coronavirus, domestically or internation- $475,000,000 shall be for the Air Force Work- 30, 2020: Provided further, That such amount
ally: Provided, That such amount is des- ing Capital Fund, and $500,000,000 shall be for is designated by the Congress as being for an
ignated by the Congress as being for an the Defense-Wide Working Capital Fund: emergency requirement pursuant to section
emergency requirement pursuant to section Provided further, That such amount is des- 251(b)(2)(A)(i) of the Balanced Budget and
251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as being for an Emergency Deficit Control Act of 1985.
Emergency Deficit Control Act of 1985. emergency requirement pursuant to section SEC. 13003. (a) Notwithstanding section
251(b)(2)(A)(i) of the Balanced Budget and 2208(l)(3) of title 10, United States Code, dur-
OPERATION AND MAINTENANCE, AIR FORCE
Emergency Deficit Control Act of 1985. ing fiscal year 2020, the total amount of the
For an additional amount for ‘‘Operation advance billings rendered or imposed for all
OTHER DEPARTMENT OF DEFENSE
and Maintenance, Air Force’’, $155,000,000, to working-capital funds of the Department of
PROGRAMS
prevent, prepare for, and respond to Defense may exceed the amount otherwise
coronavirus, domestically or internation- DEFENSE HEALTH PROGRAM
specified in such section.
ally: Provided, That such amount is des- For an additional amount for ‘‘Defense (b) In this section, the term ‘‘advance bill-
ignated by the Congress as being for an Health Program’’, $3,805,600,000, of which ing’’ has the meaning given that term in sec-
emergency requirement pursuant to section $3,390,600,000 shall be for operation and main- tion 2208(l)(4) of title 10, United States Code.
251(b)(2)(A)(i) of the Balanced Budget and tenance, and $415,000,000 shall be for re- SEC. 13004. (a) Section 2326(b)(3) of title 10,
Emergency Deficit Control Act of 1985. search, development, test and evaluation, to United States Code, shall not apply to any
OPERATION AND MAINTENANCE, ARMY remain available until September 30, 2021, to undefinitized contract action of the Depart-
RESERVE prevent, prepare for, and respond to ment of Defense related to the national
coronavirus, domestically or internation- emergency for the Coronavirus Disease 2019
For an additional amount for ‘‘Operation
ally: Provided, That, notwithstanding that (COVID–19).
and Maintenance, Army Reserve’’,
one percent of funding for operation and (b) In this section, the term ‘‘undefinitized
$48,000,000, to prevent, prepare for, and re-
maintenance under this heading in Public contract action’’ has the meaning given that
spond to coronavirus, domestically or inter-
Law 116–93 shall remain available for obliga- term in section 2326(j)(6) of title 10, United
nationally: Provided, That such amount is
tion until September 30, 2021, funding for op- States Code.
designated by the Congress as being for an
eration and maintenance made available SEC. 13005. (a) The head of an agency may
emergency requirement pursuant to section
under this heading in this Act shall only be waive the provisions of section 2326(b) of
251(b)(2)(A)(i) of the Balanced Budget and
available through September 30, 2020: Pro- title 10, United States Code, with respect to
Emergency Deficit Control Act of 1985.
vided further, That such amount is des- a contract of such agency if the head of the
OPERATION AND MAINTENANCE, ARMY ignated by the Congress as being for an agency determines that the waiver is nec-
NATIONAL GUARD emergency requirement pursuant to section essary due to the national emergency for the
For an additional amount for ‘‘Operation 251(b)(2)(A)(i) of the Balanced Budget and Coronavirus Disease 2019 (COVID–19).
and Maintenance, Army National Guard’’, Emergency Deficit Control Act of 1985. (b) In this section, the term ‘‘head of an
$186,696,000, to prevent, prepare for, and re- OFFICE OF THE INSPECTOR GENERAL agency’’ has the meaning given that term in
spond to coronavirus, domestically or inter- section 2302(2) of title 10, United States Code.
For an additional amount for ‘‘Office of the
nationally: Provided, That such amount is SEC. 13006. (a) Notwithstanding paragraph
Inspector General’’, $20,000,000, to prevent,
designated by the Congress as being for an (3) of section 2371b(a) of title 10, United
prepare for, and respond to coronavirus, do-
emergency requirement pursuant to section States Code, the authority of a senior pro-
mestically or internationally: Provided, That
251(b)(2)(A)(i) of the Balanced Budget and curement executive or director of the De-
the funding made available under this head-
Emergency Deficit Control Act of 1985. fense Advanced Research Projects Agency or
ing in this Act shall be used for conducting
OPERATION AND MAINTENANCE, AIR NATIONAL Missile Defense Agency under paragraph
audits and investigations of projects and ac-
GUARD (2)(A) of such section, and the authority of
tivities carried out with funds made avail-
For an additional amount for ‘‘Operation the Under Secretaries of Defense under para-
able in this Act to the Department of De-
and Maintenance, Air National Guard’’, graph (2)(B) of such section, for any trans-
fense to prevent, prepare for, and respond to
$75,754,000, to prevent, prepare for, and re- action related to the national emergency for
coronavirus, domestically or internation-
spond to coronavirus, domestically or inter- the Coronavirus Disease 2019 (COVID–19) may
ally: Provided further, That such amount is
nationally: Provided, That such amount is be delegated to such officials in the Depart-
designated by the Congress as being for an
designated by the Congress as being for an ment of Defense as the Secretary of Defense
emergency requirement pursuant to section
emergency requirement pursuant to section shall specify for purposes of this section.
251(b)(2)(A)(i) of the Balanced Budget and
(b)(1) Notwithstanding clause (ii) of section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
2371b(a)(2)(B) of title 10, United States Code,
Emergency Deficit Control Act of 1985. GENERAL PROVISIONS—THIS TITLE no advance notice to Congress is required
OPERATION AND MAINTENANCE, DEFENSE-WIDE SEC. 13001. Funds appropriated by this title under that clause for transitions described in
For an additional amount for ‘‘Operation may be transferred to, and merged with, that section that are related to the national
and Maintenance, Defense-Wide’’, other applicable appropriations of the De- emergency for the Coronavirus Disease 2019
dlhill on DSKBBY8HB2PROD with SENATE
$827,800,000, to prevent, prepare for, and re- partment of Defense, except for ‘‘Drug Inter- (COVID–19).
spond to coronavirus, domestically or inter- diction and Counter-Drug Activities, De- (2) In the event a transaction covered by
nationally: Provided, That such amount is fense’’, for expenses incurred in preventing, paragraph (1) is carried out, the Under Sec-
designated by the Congress as being for an preparing for, or responding to coronavirus, retary of Defense for Research and Engineer-
emergency requirement pursuant to section including expenses of the Department of De- ing or the Under Secretary of Defense for Ac-
251(b)(2)(A)(i) of the Balanced Budget and fense incurred in support of other Federal quisition and Sustainment, as applicable,
Emergency Deficit Control Act of 1985. Departments and agencies, and State, local, shall submit to the congressional defense
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2130 CONGRESSIONAL RECORD — SENATE March 25, 2020
committees a notice on the carrying out of ignated by the Congress as being for an INDEPENDENT AGENCIES
such transaction as soon as is practicable emergency requirement pursuant to section
NUCLEAR REGULATORY COMMISSION
after the commencement of the carrying out 251(b)(2)(A)(i) of the Balanced Budget and
of such transaction. Emergency Deficit Control Act of 1985. SALARIES AND EXPENSES
(3) In this subsection, the term ‘‘congres- EXPENSES
sional defense committees’’ has the meaning For an additional amount for ‘‘Salaries
For an additional amount for ‘‘Expenses’’, and Expenses’’, $3,300,000, to remain avail-
given such term in section 101(a)(16) of title $20,000,000, to remain available until Sep-
10, United States Code. able until September 30, 2021, to prevent, pre-
tember 30, 2021, to prevent, prepare for, and pare for, and respond to coronavirus, domes-
SEC. 13007. (a) The President may extend respond to coronavirus, domestically or
the appointment of the Chief of Army Re- tically or internationally: Provided, That,
internationally: Provided, That such amount notwithstanding 42 U.S.C. 2214, such amount
serve as prescribed in section 7038(c) of title is designated by the Congress as being for an
10, United States Code, for the incumbent in shall not be derived from fee revenue: Pro-
emergency requirement pursuant to section vided further, That such amount is des-
that position as of the date of the enactment 251(b)(2)(A)(i) of the Balanced Budget and
of this Act until the date of the appointment ignated by the Congress as being for an
Emergency Deficit Control Act of 1985. emergency requirement pursuant to section
of the successor to such incumbent, notwith- DEPARTMENT OF THE INTERIOR
standing any limitation otherwise imposed 251(b)(2)(A)(i) of the Balanced Budget and
BUREAU OF RECLAMATION Emergency Deficit Control Act of 1985.
on such term by such section 7038(c).
WATER AND RELATED RESOURCES
(b) The President may extend the appoint- GENERAL PROVISIONS—THIS TITLE
ment of the Chief of Navy Reserve as pre- (INCLUDING TRANSFER OF FUNDS)
scribed in section 8083(c) of title 10, United For an additional amount for ‘‘Water and SEC. 14001. Funds appropriated in this title
States Code, for the incumbent in that posi- Related Resources’’, $12,500,000, to remain may be made available to restore amounts,
tion as of the date of the enactment of this available until September 30, 2021, to pre- either directly or through reimbursement,
Act until the date of the appointment of the vent, prepare for, and respond to for obligations incurred to prevent, prepare
successor to such incumbent, notwith- coronavirus, domestically or internation- for, and respond to coronavirus prior to the
standing any limitation otherwise imposed ally: Provided, That $500,000 of the funds pro- date of enactment of this Act.
on such term by such section 8083(c). vided under this heading in this Act shall be SEC. 14002. (a) Section 404 of the Bipartisan
(c) The President may extend the appoint- transferred to the ‘‘Central Utah Project Budget Act of 2015 (42 U.S.C. 6239 note) is
ment of the Chief of Staff of the Air Force Completion Account’’ to prevent, prepare amended—
prescribed in section 9033(a)(1) of title 10, for, and respond to coronavirus: Provided fur- (1) in subsection (e), by striking ‘‘2020’’ and
United States Code, for the incumbent in ther, That such amount is designated by the inserting ‘‘2022’’; and
that position as of the date of the enactment Congress as being for an emergency require- (2) in subsection (g), by striking ‘‘2020’’ and
of this Act until the date of the appointment ment pursuant to section 251(b)(2)(A)(i) of inserting ‘‘2022’’.
of the successor to such incumbent, notwith- the Balanced Budget and Emergency Deficit (b) Title III of division C of the Further
standing any limitation otherwise imposed Control Act of 1985. Consolidated Appropriations Act, 2020 (Pub-
on such term by such section 9033(a)(1). POLICY AND ADMINISTRATION lic Law 116–94) is amended in the matter
(d) The President may extend the appoint- For an additional amount for ‘‘Policy and under the heading ‘‘Department of Energy—
ment of the Chief of Space Operations, as Administration’’, $8,100,000, to remain avail- Energy Programs—Strategic Petroleum Re-
prescribed in section 9082(a)(2) of title 10, able until September 30, 2021, to prevent, pre- serve’’ by striking the three provisos before
United States Code, for the incumbent in pare for, and respond to coronavirus, domes- the final period and inserting the following:
that position as of the date of the enactment tically or internationally: Provided, That ‘‘ Provided, That, as authorized by section
of this Act until the date of the appointment such amount is designated by the Congress 404 of the Bipartisan Budget Act of 2015 (Pub-
of the successor to such incumbent, notwith- as being for an emergency requirement pur- lic Law 114–74; 42 U.S.C. 6239 note), the Sec-
standing any limitation otherwise imposed suant to section 251(b)(2)(A)(i) of the Bal- retary of Energy shall draw down and sell
on such term by such section 9082(a)(2). anced Budget and Emergency Deficit Control not to exceed a total of $450,000,000 of crude
(e) The President may extend the appoint- Act of 1985. oil from the Strategic Petroleum Reserve in
ment of the Chief of the National Guard Bu- DEPARTMENT OF ENERGY fiscal year 2020, fiscal year 2021, or fiscal
reau as prescribed in section 10502(b) of title
ENERGY PROGRAMS year 2022: Provided further, That the proceeds
10, United States Code, for the incumbent in
SCIENCE from such drawdown and sale shall be depos-
that position as of the date of the enactment
For an additional amount for ‘‘Science’’, ited into the ‘Energy Security and Infra-
of this Act until the date of the appointment
$99,500,000, to remain available until Sep- structure Modernization Fund’ during the
of the successor to such incumbent, notwith-
tember 30, 2021, to prevent, prepare for, and fiscal year in which the sale occurs and shall
standing any limitation otherwise imposed
respond to coronavirus, domestically or be made available in such fiscal year, to re-
on such term by such section 10502(b).
internationally, for necessary expenses re- main available until expended, for necessary
(f) The President may extend the appoint-
lated to providing support and access to sci- expenses to carry out the Life Extension II
ment of Director, Army National Guard and
entific user facilities in the Office of Science project for the Strategic Petroleum Re-
Director, Air National Guard as prescribed in
and National Nuclear Security Administra- serve’’.
section 10506(a)(3)(D) of title 10, United
States Code, for the incumbent in such posi- tion, including equipment, enabling tech- (c) The amount provided by this section is
tion as of the date of the enactment of this nologies, and personnel associated with the designated by the Congress as being for an
Act until the date of the appointment of the operations of those scientific user facilities: emergency requirement pursuant to section
successor to such incumbent, notwith- Provided, That such amount is designated by 251(b)(2)(A)(i) of the Balanced Budget and
standing any limitation otherwise imposed the Congress as being for an emergency re- Emergency Deficit Control Act of 1985.
on such term by such section 10506(a)(3)(D). quirement pursuant to section 251(b)(2)(A)(i) SEC. 14003. Any discretionary appropriation
(g) Notwithstanding paragraph (4) of sec- of the Balanced Budget and Emergency Def- for the Corps of Engineers derived from the
tion 10505(a) of title 10, United States Code, icit Control Act of 1985. Harbor Maintenance Trust Fund (not to ex-
the Secretary of Defense may waive the limi- DEPARTMENTAL ADMINISTRATION ceed the total amount deposited in the Har-
tations in paragraphs (2) and (3) of that sec- (INCLUDING TRANSFER OF FUNDS) bor Maintenance Trust Fund in the prior fis-
tion for a period of not more than 270 days. For an additional amount for ‘‘Depart- cal year) shall be subtracted from the esti-
(h)(1) The President may delegate the exer- mental Administration’’, $28,000,000, to re- mate of discretionary budget authority and
cise of the authorities in subsections (a) main available until September 30, 2021, to outlays for any estimate of an appropria-
through (f) to the Secretary of Defense. prevent, prepare for, and respond to tions Act under the Congressional Budget
(2) The Secretary of Defense may not re- coronavirus, domestically or internation- and Impoundment Control Act of 1974 or the
delegate the exercise of any authority dele- ally, including for necessary expenses re- Balanced Budget and Emergency Deficit
gated to the Secretary pursuant to para- lated to supporting remote access for per- Control Act of 1985: Provided, That the modi-
graph (1), and may not delegate the exercise sonnel: Provided, That funds appropriated fications described in this section shall not
of the authority in subsection (g). under this heading in this Act may be trans- take effect until the earlier of January 1,
TITLE IV ferred to, and merged with, other appropria- 2021 or the date of enactment of legislation
tion accounts of the Department of Energy authorizing the development of water re-
CORPS OF ENGINEERS—CIVIL
to prevent, prepare for, and respond to sources and shall remain in effect thereafter.
DEPARTMENT OF THE ARMY
coronavirus, including for necessary ex- SEC. 14004. Section 14321(a)(2)(B)(ii) of title
dlhill on DSKBBY8HB2PROD with SENATE
OPERATION AND MAINTENANCE penses related to supporting remote access 40, United States Code, is amended by insert-
For an additional amount for ‘‘Operation for personnel: Provided further, That such ing ‘‘, except that a discretionary grant to
and Maintenance’’, $50,000,000, to remain amount is designated by the Congress as respond to economic distress directly related
available until September 30, 2021, to pre- being for an emergency requirement pursu- to the impacts of the Coronavirus Disease
vent, prepare for, and respond to ant to section 251(b)(2)(A)(i) of the Balanced 2019 (COVID–19) shall not be included in such
coronavirus, domestically or internation- Budget and Emergency Deficit Control Act aggregate amount’’ before the period at the
ally: Provided, That such amount is des- of 1985. end.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2131
TITLE V under the National Emergencies Act (50 that case may be conducted by video tele-
DEPARTMENT OF THE TREASURY U.S.C. 1601 et seq.) with respect to the conference, or by telephone conference if
Coronavirus Disease 2019 (COVID–19) and video teleconferencing is not reasonably
INTERNAL REVENUE SERVICE ending on the date that is 30 days after the available.
ADMINISTRATIVE PROVISION—INTERNAL date on which the national emergency dec- (B) APPLICABILITY TO JUVENILES.—The
REVENUE SERVICE laration terminates. video teleconferencing and telephone confer-
(INCLUDING TRANSFER OF FUNDS)
(b) VIDEO TELECONFERENCING FOR CRIMINAL encing authority described in subparagraph
PROCEEDINGS.— (A) shall apply with respect to equivalent
SEC. 15001. In addition to the amounts oth- (1) IN GENERAL.—Subject to paragraphs (3), plea and sentencing, or disposition, pro-
erwise available to the Internal Revenue (4), and (5), if the Judicial Conference of the ceedings under chapter 403 of title 18, United
Service in fiscal year 2020, $250,000,000, to re- United States finds that emergency condi- States Code (commonly known as the ‘‘Fed-
main available until September 30, 2021, shall tions due to the national emergency declared eral Juvenile Delinquency Act’’).
be available to prevent, prepare for, and re- by the President under the National Emer- (3) REVIEW.—
spond to coronavirus, domestically or inter- gencies Act (50 U.S.C. 1601 et seq.) with re- (A) IN GENERAL.—On the date that is 90
nationally, including costs associated with spect to the Coronavirus Disease 2019 days after the date on which an authoriza-
the extended filing season and implementa- (COVID–19) will materially affect the func- tion for the use of video teleconferencing or
tion of the Families First Coronavirus Re- tioning of either the Federal courts gen- telephone conferencing under paragraph (1)
sponse Act: Provided, That such funds may be erally or a particular district court of the or (2) is issued, if the emergency authority
transferred by the Commissioner to the United States, the chief judge of a district
has not been terminated under paragraph (5),
‘‘Taxpayer Services,’’ ‘‘Enforcement,’’ or court covered by the finding (or, if the chief
the chief judge of the district court (or, if
‘‘Operations Support’’ accounts of the Inter- judge is unavailable, the most senior avail-
the chief judge is unavailable, the most sen-
nal Revenue Service for an additional able active judge of the court or the chief
ior available active judge of the court or the
amount to be used solely to prevent, prepare judge or circuit justice of the circuit that in-
chief judge or circuit justice of the circuit
for, and respond to coronavirus, domestically cludes the district court), upon application
that includes the district court) to which the
or internationally: Provided further, That the of the Attorney General or the designee of
authorization applies shall review the au-
Committees on Appropriations of the House the Attorney General, or on motion of the
judge or justice, may authorize the use of thorization and determine whether to extend
of Representatives and the Senate shall be
video teleconferencing, or telephone confer- the authorization.
notified in advance of any such transfer: Pro- (B) ADDITIONAL REVIEW.—If an authoriza-
vided further, That such transfer authority is encing if video teleconferencing is not rea-
sonably available, for the following events: tion is extended under subparagraph (A), the
in addition to any other transfer authority chief judge of the district court (or, if the
provided by law: Provided further, That not (A) Detention hearings under section 3142
of title 18, United States Code. chief judge is unavailable, the most senior
later than 30 days after the date of enact- available active judge of the court or the
ment of this Act, the Commissioner shall (B) Initial appearances under Rule 5 of the
Federal Rules of Criminal Procedure. chief judge or circuit justice of the circuit
submit to the Committees on Appropriations that includes the district court) to which the
of the House of Representatives and the Sen- (C) Preliminary hearings under Rule 5.1 of
the Federal Rules of Criminal Procedure. authorization applies shall review the exten-
ate a spending plan for such funds: Provided sion of authority not less frequently than
further, That such amount is designated by (D) Waivers of indictment under Rule 7(b)
of the Federal Rules of Criminal Procedure. once every 90 days until the earlier of—
the Congress as being for an emergency re- (i) the date on which the chief judge (or
(E) Arraignments under Rule 10 of the Fed-
quirement pursuant to section 251(b)(2)(A)(i) other judge or justice) determines the au-
eral Rules of Criminal Procedure.
of the Balanced Budget and Emergency Def- thorization is no longer warranted; or
(F) Probation and supervised release rev-
icit Control Act of 1985. (ii) the date on which the emergency au-
ocation proceedings under Rule 32.1 of the
THE JUDICIARY Federal Rules of Criminal Procedure. thority is terminated under paragraph (5).
SUPREME COURT OF THE UNITED STATES (G) Pretrial release revocation proceedings (4) CONSENT.—Video teleconferencing or
under section 3148 of title 18, United States telephone conferencing authorized under
SALARIES AND EXPENSES paragraph (1) or (2) may only take place with
Code.
For an additional amount for ‘‘Salaries (H) Appearances under Rule 40 of the Fed- the consent of the defendant, or the juvenile,
and Expenses’’, $500,000, to prevent, prepare eral Rules of Criminal Procedure. after consultation with counsel.
for, and respond to coronavirus, domestically (I) Misdemeanor pleas and sentencings as (5) TERMINATION OF EMERGENCY AUTHOR-
or internationally: Provided, That such described in Rule 43(b)(2) of the Federal ITY.—The authority provided under para-
amount is designated by the Congress as Rules of Criminal Procedure. graphs (1), (2), and (3), and any specific au-
being for an emergency requirement pursu- (J) Proceedings under chapter 403 of title thorizations issued under those paragraphs,
ant to section 251(b)(2)(A)(i) of the Balanced 18, United States Code (commonly known as shall terminate on the earlier of—
Budget and Emergency Deficit Control Act the ‘‘Federal Juvenile Delinquency Act’’), (A) the last day of the covered emergency
of 1985. except for contested transfer hearings and period; or
juvenile delinquency adjudication or trial (B) the date on which the Judicial Con-
COURTS OF APPEALS, DISTRICT COURTS, AND
proceedings. ference of the United States finds that emer-
OTHER JUDICIAL SERVICES
(2) FELONY PLEAS AND SENTENCING.— gency conditions due to the national emer-
SALARIES AND EXPENSES (A) IN GENERAL.—Subject to paragraphs (3), gency declared by the President under the
For an additional amount for ‘‘Salaries (4), and (5), if the Judicial Conference of the National Emergencies Act (50 U.S.C. 1601 et
and Expenses’’, $6,000,000, to prevent, prepare United States finds that emergency condi- seq.) with respect to the Coronavirus Disease
for, and respond to coronavirus, domestically tions due to the national emergency declared 2019 (COVID-19) no longer materially affect
or internationally: Provided, That such by the President under the National Emer- the functioning of either the Federal courts
amount is designated by the Congress as gencies Act (50 U.S.C. 1601 et seq.) with re- generally or the district court in question.
being for an emergency requirement pursu- spect to the Coronavirus Disease 2019 (6) NATIONAL EMERGENCIES GENERALLY.—
ant to section 251(b)(2)(A)(i) of the Balanced (COVID-19) will materially affect the func- The Judicial Conference of the United States
Budget and Emergency Deficit Control Act tioning of either the Federal courts gen- and the Supreme Court of the United States
of 1985. erally or a particular district court of the shall consider rule amendments under chap-
United States, the chief judge of a district ter 131 of title 28, United States Code (com-
DEFENDER SERVICES
court covered by the finding (or, if the chief monly known as the ‘‘Rules Enabling Act’’),
For an additional amount for ‘‘Defender judge is unavailable, the most senior avail- that address emergency measures that may
Services’’, $1,000,000, to remain available able active judge of the court or the chief be taken by the Federal courts when the
until expended, to prevent, prepare for, and judge or circuit justice of the circuit that in- President declares a national emergency
respond to coronavirus, domestically or cludes the district court) specifically finds, under the National Emergencies Act (50
internationally: Provided, That such amount upon application of the Attorney General or U.S.C. 1601 et seq.).
is designated by the Congress as being for an the designee of the Attorney General, or on (7) RULE OF CONSTRUCTION.—Nothing in this
emergency requirement pursuant to section motion of the judge or justice, that felony subsection shall obviate a defendant’s right
251(b)(2)(A)(i) of the Balanced Budget and pleas under Rule 11 of the Federal Rules of to counsel under the Sixth Amendment to
Emergency Deficit Control Act of 1985. Criminal Procedure and felony sentencings the Constitution of the United States, any
ADMINISTRATIVE PROVISION—THE JUDICIARY under Rule 32 of the Federal Rules of Crimi- Federal statute, or the Federal Rules of
dlhill on DSKBBY8HB2PROD with SENATE
nal Procedure cannot be conducted in person Criminal Procedure.
VIDEO TELECONFERENCING FOR CRIMINAL
without seriously jeopardizing public health
PROCEEDINGS (c) The amount provided by this section is
and safety, and the district judge in a par-
SEC. 15002. (a) DEFINITION.—In this section, ticular case finds for specific reasons that designated by the Congress as being for an
the term ‘‘covered emergency period’’ means the plea or sentencing in that case cannot be emergency requirement pursuant to section
the period beginning on the date on which further delayed without serious harm to the 251(b)(2)(A)(i) of the Balanced Budget and
the President declared a national emergency interests of justice, the plea or sentencing in Emergency Deficit Control Act of 1985.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2132 CONGRESSIONAL RECORD — SENATE March 25, 2020
DISTRICT OF COLUMBIA GENERAL SERVICES ADMINISTRATION NATIONAL ARCHIVES AND RECORDS
REAL PROPERTY ACTIVITIES ADMINISTRATION
FEDERAL FUNDS
FEDERAL BUILDINGS FUND OPERATING EXPENSES
FEDERAL PAYMENT FOR EMERGENCY PLANNING (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ‘‘Operating
AND SECURITY COSTS IN THE DISTRICT OF CO- Expenses’’, $8,100,000, to remain available
For an additional amount to be deposited
LUMBIA until September 30, 2021, to prevent, prepare
in the ‘‘Federal Buildings Fund’’, $275,000,000,
for, and respond to coronavirus, domestically
For an additional amount for ‘‘Federal to remain available until expended, to pre-
or internationally: Provided, That the
Payment for Emergency Planning and Secu- vent, prepare for, and respond to
amount provided under this heading in this
rity Costs in the District of Columbia’’, coronavirus, domestically or internation-
Act may be used to provide expenses of the
$5,000,000, to remain available until ex- ally: Provided, That the amount provided
Federal Records Center Program for pre-
pended, to prevent, prepare for, and respond under this heading in this Act may be used
venting, preparing for, and responding to
to coronavirus, domestically or internation- to reimburse the Fund for obligations in-
coronavirus, domestically or internation-
ally: Provided, That such amount is des- curred for this purpose prior to the date of
ally: Provided further, That such amount is
ignated by the Congress as being for an the enactment of this Act: Provided further,
designated by the Congress as being for an
emergency requirement pursuant to section That such amount may be transferred to,
emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and and merged with, accounts within the Fed-
251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985. eral Buildings Fund in amounts necessary to
Emergency Deficit Control Act of 1985.
cover costs incurred to prevent, prepare for,
INDEPENDENT AGENCIES and respond to coronavirus, domestically or OFFICE OF PERSONNEL MANAGEMENT
internationally: Provided further, That the SALARIES AND EXPENSES
ELECTION ASSISTANCE COMMISSION
Administrator of General Services shall no- For an additional amount for ‘‘Salaries
ELECTION SECURITY GRANTS tify the Committees on Appropriations of and Expenses’’, $12,100,000, to remain avail-
the House of Representatives and the Senate able until September 30, 2021, to prevent, pre-
For an additional amount for ‘‘Election Se- quarterly on the obligations and expendi- pare for, and respond to coronavirus, domes-
curity Grants’’, $400,000,000, to prevent, pre- tures of the funds provided by this Act by ac- tically or internationally, including tech-
pare for, and respond to coronavirus, domes- count of the Federal Buildings Fund: Pro- nologies for digital case management, short-
tically or internationally, for the 2020 Fed- vided further, That funds made available to term methods to allow electronic submis-
eral election cycle: Provided, That a State re- the Administrator in this or any previous sions of retirement application packages in
ceiving a payment with funds provided under Act shall not be subject to section 3307 of support of paper-based business operations,
this heading in this Act shall provide to the title 40, United States Code, for the acquisi- and increased telecommunications: Provided,
Election Assistance Commission, within 20 tion of space necessary to prevent, prepare That such amount is designated by the Con-
days of each election in the 2020 Federal for, or respond to coronavirus, domestically gress as being for an emergency requirement
election cycle in that State, a report that in- or internationally: Provided further, That no pursuant to section 251(b)(2)(A)(i) of the Bal-
cludes a full accounting of the State’s uses of action taken by the Administrator to ac- anced Budget and Emergency Deficit Control
the payment and an explanation of how such quire real property and interests in real Act of 1985.
uses allowed the State to prevent, prepare property or to improve real property in re-
for, and respond to coronavirus: Provided fur- PANDEMIC RESPONSE ACCOUNTABILITY
sponse to coronavirus shall be deemed a Fed- COMMITTEE
ther, That, within 3 days of its receipt of a eral action or undertaking and subject to re-
report required in the preceding proviso, the For an additional amount for ‘‘Pandemic
view under the National Environmental Pol- Response Accountability Committee’’,
Election Assistance Commission will trans- icy Act of 1969, as amended (42 U.S.C. 4321 et
mit the report to the Committee on Appro- $80,000,000, to remain available until ex-
seq.), or the National Historic Preservation pended, to promote transparency and sup-
priations and the Committee on House Ad- Act of 1966, as amended (54 U.S.C. 300101 et
ministration of the House of Representatives port oversight of funds provided in this Act
seq.), respectively: Provided further, That to prevent, prepare for, and respond to
and the Committee on Appropriations and such amount is designated by the Congress
the Committee on Rules and Administration coronavirus, domestically or internation-
as being for an emergency requirement pur- ally: Provided, That such amount is des-
of the Senate: Provided further, That not suant to section 251(b)(2)(A)(i) of the Bal-
later than 30 days after the date of enact- ignated by the Congress as being for an
anced Budget and Emergency Deficit Control emergency requirement pursuant to section
ment of this Act, the Election Assistance Act of 1985.
Commission shall make the payments to 251(b)(2)(A)(i) of the Balanced Budget and
GENERAL ACTIVITIES Emergency Deficit Control Act of 1985.
States under this heading: Provided further,
That any portion of a payment made to a FEDERAL CITIZEN SERVICES FUND SMALL BUSINESS ADMINISTRATION
State with funds provided under this heading (INCLUDING TRANSFER OF FUNDS) DISASTER LOANS PROGRAM ACCOUNT
in this Act which is unobligated on Decem- For an additional amount to be deposited (INCLUDING TRANSFERS OF FUNDS)
ber 31, 2020 shall be returned to the Treasury: in the ‘‘Federal Citizen Services Fund’’, For an additional amount for the ‘‘Disaster
Provided further, That such amount is des- $18,650,000, to remain available until ex- Loans Program Account’’, $562,000,000, to re-
ignated by the Congress as being for an pended, to prevent, prepare for, and respond main available until expended, to prevent,
emergency requirement pursuant to section to coronavirus, domestically or internation- prepare for, and respond to coronavirus, do-
251(b)(2)(A)(i) of the Balanced Budget and ally: Provided, That such amount is des- mestically or internationally, for the cost of
Emergency Deficit Control Act of 1985. ignated by the Congress as being for an direct loans authorized by section 7(b) of the
emergency requirement pursuant to section Small Business Act and for administrative
FEDERAL COMMUNICATIONS COMMISSION
251(b)(2)(A)(i) of the Balanced Budget and expenses to carry out the disaster loan pro-
SALARIES AND EXPENSES Emergency Deficit Control Act of 1985. gram authorized by section 7(b) of the Small
WORKING CAPITAL FUND Business Act: Provided, That the amounts
For an additional amount for ‘‘Salaries
For an additional amount for ‘‘Working provided under this heading in this Act may
and Expenses’’, $200,000,000, to remain avail-
Capital Fund’’, $1,500,000, to remain available be transferred to, and merged with, ‘‘Small
able until expended, to prevent, prepare for,
until expended, to prevent, prepare for, and Business Administration—Salaries and Ex-
and respond to coronavirus, domestically or
respond to coronavirus, domestically or penses’’ to prevent, prepare for, and respond
internationally, including to support efforts
internationally: Provided, That such amount to coronavirus, domestically or internation-
of health care providers to address
is designated by the Congress as being for an ally: Provided further, That such amount is
coronavirus by providing telecommuni-
emergency requirement pursuant to section designated by the Congress as being for an
cations services, information services, and
251(b)(2)(A)(i) of the Balanced Budget and emergency requirement pursuant to section
devices necessary to enable the provision of
Emergency Deficit Control Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and
telehealth services during an emergency pe-
ADMINISTRATIVE PROVISION—GENERAL Emergency Deficit Control Act of 1985.
riod, as defined in section 1135(g)(1) of the
Social Security Act (42 U.S.C. 1320b–5(g)(1)): SERVICES ADMINISTRATION GENERAL PROVISIONS—THIS TITLE
Provided, That the Federal Communications SEC. 15003. Notwithstanding 41 U.S.C. PANDEMIC RESPONSE ACCOUNTABILITY
Commission may rely on the rules of the 3304(a)(7)(B), the Administrator, when mak- COMMITTEE
Commission under part 54 of title 47, Code of ing a determination that use of noncompeti- SEC. 15010. (a) In this section—
Federal Regulations, in administering the tive procedures is necessary for public inter- (1) the term ‘‘agency’’ has the meaning
amount provided under the heading in this est in accordance with 41 U.S.C. 3304(a)(7)(A) given the term in section 551 of title 5,
dlhill on DSKBBY8HB2PROD with SENATE
Act if the Commission determines that such in response to a public health emergency United States Code;
administration is in the public interest: Pro- declaration by the Secretary of Health and (2) the term ‘‘appropriate congressional
vided further, That such amount is des- Human Services under section 319 of the committees’’ means—
ignated by the Congress as being for an Public Health Service Act (42 U.S.C. 247(d)), (A) the Committees on Appropriations of
emergency requirement pursuant to section is required to notify Congress in writing of the Senate and the House of Representatives;
251(b)(2)(A)(i) of the Balanced Budget and that determination not less than 3 days prior (B) the Committee on Homeland Security
Emergency Deficit Control Act of 1985. to the award of the contract. and Governmental Affairs of the Senate;
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2133
(C) the Committee on Oversight and Re- (ii) The Executive Director and the Deputy funds and the Coronavirus response, includ-
form of the House of Representatives; and Executive Director of the Committee shall— ing coordinating and collaborating to the ex-
(D) any other relevant congressional com- (I) have demonstrated ability in account- tent practicable with State and local govern-
mittee of jurisdiction; ing, auditing, and financial analysis; ment entities;
(3) the term ‘‘Chairperson’’ means the (II) have experience managing oversight of (x) expeditiously reporting to the Attorney
Chairperson of the Committee; large organizations and expenditures; and General any instance in which the Com-
(4) the term ‘‘Council’’ means the Council (III) be full-time employees of the Com- mittee has reasonable grounds to believe
of the Inspectors General on Integrity and mittee. there has been a violation of Federal crimi-
Efficiency established under section 11 of the (C) The Executive Director of the Com- nal law; and
Inspector General Act of 1978 (5 U.S.C. App); mittee shall— (xi) coordinating and supporting Inspectors
(5) the term ‘‘Committee’’ means the Pan- (i) report directly to the Chairperson; General on matters related to oversight of
demic Response Accountability Committee (ii) appoint staff of the Committee, subject covered funds and the Coronavirus response.
established under subsection (b); to the approval of the Chairperson, con- (2)(A)(i) The Committee shall submit to
(6) the term ‘‘covered funds’’ means any sistent with subsection (f); the President and Congress, including the
funds, including loans, that are made avail- (iii) supervise and coordinate Committee appropriate congressional committees, man-
able in any form to any non-Federal entity, functions and staff; and agement alerts on potential management,
not including an individual, under— (iv) perform any other duties assigned to risk, and funding problems that require im-
(A) this Act; the Executive Director by the Committee. mediate attention.
(B) the Coronavirus Preparedness and Re- (4)(A) Members of the Committee may not (ii) The Committee shall submit to Con-
sponse Supplemental Appropriations Act, receive additional compensation for services gress such other reports or provide such peri-
2020 (Public Law 116–123); performed. odic updates on the work of the Committee
(C) the Families First Coronavirus Re- (B) The Executive Director and Deputy Ex- as the Committee considers appropriate on
sponse Act (Public Law 116–127); or ecutive Director of the Committee shall be the use of covered funds and the Coronavirus
(D) any other Act primarily making appro- compensated at the rate of basic pay pre- response.
scribed for level IV of the Executive Sched- (B) The Committee shall submit biannual
priations for the Coronavirus response and
ule under section 5315 of title 5, United reports to the President and Congress, in-
related activities; and
States Code. cluding the appropriate congressional com-
(7) the term ‘‘Coronavirus response’’ means (d)(1)(A) The Committee shall conduct and
the Federal Government’s response to the mittees, and may submit additional reports
coordinate oversight of covered funds and as appropriate—
nationwide public health emergency declared the Coronavirus response and support Inspec-
by the Secretary of Health and Human Serv- (i) summarizing the findings of the Com-
tors General in the oversight of covered mittee; and
ices, retroactive to January 27, 2020, pursu- funds and the Coronavirus response in order
ant to section 319 of the Public Health Serv- (ii) identifying and quantifying the impact
to— of any tax expenditures or credits authorized
ice Act (42 U.S.C. 247d), as a result of con- (i) detect and prevent fraud, waste, abuse,
firmed cases of the novel coronavirus under this Act to the extent practicable.
and mismanagement; and (C)(i) All reports submitted under this
(COVID–19) in the United States. (ii) identify major risks that cut across
(b) There is established within the Council paragraph shall be made publicly available
programs and agency boundaries. and posted on the website established under
the Pandemic Response Accountability Com- (B) The functions of the Committee shall
mittee to promote transparency and conduct subsection (g).
include— (ii) Any portion of a report submitted
and support oversight of covered funds and (i) developing a strategic plan to ensure co-
the Coronavirus response to— under this paragraph may be redacted when
ordinated, efficient, and effective com- made publicly available, if that portion
(1) prevent and detect fraud, waste, abuse, prehensive oversight by the Committee and
and mismanagement; and would disclose information that is not sub-
Inspectors General over all aspects of cov- ject to disclosure under sections 552 and 552a
(2) mitigate major risks that cut across ered funds and the Coronavirus response;
program and agency boundaries. of title 5, United States Code, or is otherwise
(ii) auditing or reviewing covered funds, in- prohibited from disclosure by law.
(c)(1) The Chairperson of the Committee
cluding a comprehensive audit and review of (3)(A) The Committee shall make rec-
shall be selected by the Chairperson of the
charges made to Federal contracts pursuant ommendations to agencies on measures to
Council from among Inspectors General de-
to authorities provided in the Coronavirus prevent or address fraud, waste, abuse and
scribed in subparagraphs (B), (C), and (D) of
Aid, Relief, and Economic Security Act, to mismanagement, and to mitigate risks that
paragraph (2) with experience managing
oversight of large organizations and expendi- determine whether wasteful spending, poor cut across programs and agency boundaries,
tures. contract or grant management, or other relating to covered funds and the
(2) The members of the Committee shall abuses are occurring and referring matters Coronavirus response.
include— the Committee considers appropriate for in- (B) Not later than 30 days after receipt of
(A) the Chairperson; vestigation to the Inspector General for the a recommendation under subparagraph (A),
(B) the Inspectors General of the Depart- agency that disbursed the covered funds, in- an agency shall submit a report to the Presi-
ments of Defense, Education, Health and cluding conducting randomized audits to dent and the appropriate congressional com-
Human Services, Homeland Security, Jus- identify fraud; mittees on—
tice, Labor, and the Treasury; (iii) reviewing whether the reporting of (i) whether the agency agrees or disagrees
(C) the Inspector General of the Small contracts and grants using covered funds with the recommendations; and
Business Administration; meets applicable standards and specifies the (ii) any actions the agency will take to im-
(D) the Treasury Inspector General for Tax purpose of the contract or grant and meas- plement the recommendations, which shall
Administration; and ures of performance; also be included in the report required under
(E) any other Inspector General, as des- (iv) reviewing the economy, efficiency, and section 2(b) of the GAO–IG Act (31 U.S.C. 1105
ignated by the Chairperson from any agency effectiveness in the administration of, and note).
that expends or obligates covered funds or is the detection of fraud, waste, abuse, and mis- (e)(1) The Committee shall conduct audits
involved in the Coronavirus response. management in, Coronavirus response pro- and reviews of programs, operations, and ex-
(3)(A) There shall be an Executive Director grams and operations; penditures relating to covered funds and the
and a Deputy Executive Director of the Com- (v) reviewing whether competition require- Coronavirus response and coordinate on such
mittee. ments applicable to contracts and grants activities with the Inspector General of the
(B)(i)(I) Not later than 30 days after the using covered funds have been satisfied; relevant agency to avoid unnecessary dupli-
date of enactment of this Act, the Executive (vi) serving as a liaison to the Director of cation and overlap of work.
Director of the Committee shall be ap- the Office of Management and Budget, the (2) The Committee may—
pointed by the Chairperson of the Council, in Secretary of the Treasury, and other offi- (A) conduct its own independent investiga-
consultation with the majority leader of the cials responsible for implementing the tions, audits, and reviews relating to covered
Senate, the Speaker of the House of Rep- Coronavirus response; funds or the Coronavirus response;
resentatives, the minority leader of the Sen- (vii) reviewing whether there are sufficient (B) collaborate on audits and reviews relat-
ate, and the minority leader of the House of qualified acquisition, grant, and other appli- ing to covered funds with any Inspector Gen-
Representatives. cable personnel overseeing covered funds and eral of an agency; and
(II) Not later than 90 days after the date of the Coronavirus response; (C) provide support to relevant agency In-
enactment of this Act, the Deputy Executive (viii) reviewing whether personnel whose spectors General in conducting investiga-
Director of the Committee shall be ap- duties involve the Coronavirus response or tions, audits, and reviews relating to the
dlhill on DSKBBY8HB2PROD with SENATE
pointed by the Chairperson of the Council, in acquisitions or grants made with covered covered funds and Coronavirus response.
consultation with the majority leader of the funds or are otherwise related to the (3)(A) In conducting and supporting inves-
Senate, the Speaker of the House of Rep- Coronavirus response receive adequate train- tigations, audits, and reviews under this sub-
resentatives, the minority leader of the Sen- ing, technology support, and other resources; section, the Committee—
ate, the minority leader of the House of Rep- (ix) reviewing whether there are appro- (i) shall have the authorities provided
resentatives, and the Executive Director of priate mechanisms for interagency collabo- under section 6 of the Inspector General Act
the Committee. ration relating to the oversight of covered of 1978 (5 U.S.C. App.);
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2134 CONGRESSIONAL RECORD — SENATE March 25, 2020
(ii) may issue subpoenas to compel the tes- (C)(i) A person employed by the Committee each project, information about the process
timony of persons who are not Federal offi- shall acquire competitive status for appoint- that was used to award the covered funds,
cers or employees; and ment to any position in the competitive and for any covered funds over $150,000, a de-
(iii) may enforce such subpoenas in the service for which the employee possesses the tailed explanation of any associated agree-
event of a refusal to obey by order of any ap- required qualifications upon the completion ment, where applicable.
propriate United States district court as pro- of 2 years of continuous service as an em- (iv) The website shall include
vided for under section 6 of the Inspector ployee under this subsection. downloadable, machine-readable, open for-
General Act of 1978 (5 U.S.C. App). (ii) No person who is first employed as de- mat reports on covered funds obligated by
(B) The Committee shall carry out the scribed in clause (i) more than 2 years after month to each State and congressional dis-
powers under paragraphs (1) and (2) in ac- the date of enactment of this Act may ac- trict, where applicable.
cordance with section 4(b)(1) of the Inspector quire competitive status under clause (i). (v) The website shall provide a means for
General Act of 1978 (5 U.S.C. App.). (2)(A) The Committee may employ annu- the public to give feedback on the perform-
(C) Whenever information or assistance re- itants covered by section 9902(g) of title 5, ance of any covered funds and of the
quested by the Committee or an Inspector United States Code, for purposes of the over- Coronavirus response, including confidential
General is unreasonably refused or not pro- sight of covered funds or the Coronavirus re- feedback.
vided, the Committee shall immediately re- sponse. (vi) The website shall include detailed in-
port the circumstances to the appropriate (B) The employment of annuitants under formation on Federal Government awards
congressional committees. this paragraph shall be subject to the provi- that expend covered funds, including data
(D) The Committee shall leverage existing sions of section 9902(g) of title 5, United elements required under the Federal Funding
information technology resources within the States Code, as if the Committee was the De- Accountability and Transparency Act of 2006
Council, such as oversight.gov, to carry out partment of Defense. (31 U.S.C. 6101 note), allowing aggregate re-
the duties of the Committee. (3) Upon request of the Committee for in- porting on awards below $50,000, as pre-
(4)(A) The Committee may hold public formation or assistance from any agency or scribed by the Director of the Office of Man-
hearings and Committee personnel may con- other entity of the Federal Government, the agement and Budget.
duct necessary inquiries. head of such entity shall, insofar as is prac- (vii) The website shall provide a link to es-
(B) The head of each agency shall make all ticable and not in contravention of any ex- timates of the jobs sustained or created by
officers and employees of that agency avail- isting law, and consistent with section 6 of this Act to the extent practicable.
able to provide testimony to the Committee the Inspector General Act of 1978 (5 U.S.C. (viii) The website shall include appropriate
and Committee personnel. App.), furnish such information or assistance links to other government websites with in-
(C) The Committee may issue subpoenas to to the Committee, or an authorized designee, formation concerning covered funds and the
compel the testimony of persons who are not including an Inspector General designated by Coronavirus response, including Federal
Federal officers or employees at such public the Chairperson. agency and State websites.
hearings, which may be enforced in the same (4) Any Inspector General responsible for
(ix) The website shall include a plan from
manner as provided for subpoenas under sec- conducting oversight related to covered
each Federal agency for using covered funds.
tion 6 of the Inspector General Act of 1978 (5 funds or the Coronavirus response may, con-
(x) The website shall provide information
U.S.C. App.). sistent with the duties, responsibilities, poli-
on Federal allocations of mandatory and
(5) The Committee may enter into con- cies, and procedures of the Inspector Gen-
other entitlement programs by State, coun-
tracts to enable the Committee to discharge eral, provide information requested by the
ty, or other geographical unit related to cov-
its duties, including contracts and other ar- Committee or an Inspector General on the
ered funds or the Coronavirus response.
rangements for audits, studies, analyses, and Committee relating to the responsibilities of
(xi) The website shall present the data
other services with public agencies and with the Committee.
such that funds subawarded by recipients are
private persons, and make such payments as (g)(1)(A) Not later than 30 days after the
not double counted in search results, data
may be necessary to carry out the duties of date of enactment of this Act, the Com-
visualizations, or other reports.
the Committee. mittee shall establish and maintain a user-
(xii) The website shall include all rec-
(6) The Committee may establish sub- friendly, public-facing website to foster
ommendations made to agencies relating to
committees to facilitate the ability of the greater accountability and transparency in
covered funds and the Coronavirus response,
Committee to discharge its duties. the use of covered funds and the Coronavirus
as well as the status of each recommenda-
(7) The Committee may transfer funds ap- response, which shall have a uniform re-
tion.
propriated to the Committee for expenses to source locator that is descriptive and memo-
(xiii) The website shall be enhanced and
support administrative support services and rable.
(B) The Committee shall leverage existing updated as necessary to carry out the pur-
audits, reviews, or other activities related to
information technology and resources, such poses of this section.
oversight by the Committee of covered funds (4) The Committee may exclude posting
or the Coronavirus response to any Office of as oversight.gov, to the greatest extent prac-
contractual or other information on the
the Inspector General or the General Serv- ticable to meet the requirements under this
website on a case-by-case basis when nec-
ices Administration. section. essary to protect national security or to pro-
(f)(1)(A)(i) Subject to subparagraph (B), the (2) The website established and maintained
tect information that is not subject to dis-
Committee may exercise the authorities of under paragraph (1) shall be a portal or gate-
closure under sections 552 and 552a of title 5,
subsections (b) through (i) of section 3161 of way to key information relating to the over- United States Code.
title 5, United States Code (without regard sight of covered funds and the Coronavirus (h)(1) Nothing in this section shall affect
to subsection (a) of that section) to carry out response and provide connections to other the independent authority of an Inspector
the functions of the Committee under this Government websites with related informa- General to determine whether to conduct an
section. tion. audit or investigation of covered funds or the
(ii) For purposes of exercising the authori- (3) In establishing and maintaining the Coronavirus response.
ties described under clause (i), the term website under paragraph (1), the Committee (2) If the Committee requests that an In-
‘‘Chairperson’’ shall be substituted for the shall ensure the following: spector General of an agency conduct or re-
term ‘‘head of a temporary organization’’. (A) The website shall provide materials frain from conducting an audit or investiga-
(iii) In exercising the authorities described and information explaining the Coronavirus tion and the Inspector General rejects the re-
in clause (i), the Chairperson shall consult response and how covered funds are being quest in whole or in part, the Inspector Gen-
with members of the Committee. used. The materials shall be easy to under- eral shall, not later than 30 days after reject-
(iv) In addition to the authority provided stand and regularly updated. ing the request, submit a report to the Com-
by section 3161(c) of title 5, United States (i) The website shall provide account- mittee, the head of the applicable agency,
Code, upon the request of an Inspector Gen- ability information, including findings from and the appropriate congressional commit-
eral, the Committee may detail, on a nonre- Inspectors General, including any progress tees, that states the reasons that the Inspec-
imbursable basis, any personnel of the Coun- reports, audits, inspections, or other reports, tor General has rejected the request in whole
cil to that Inspector General to assist in car- including reports from or links to reports on or in part.
rying out any audit, review, or investigation the website of the Government Account- (i) The Committee shall coordinate its
pertaining to the oversight of covered funds ability Office. oversight activities with the Comptroller
or the Coronavirus response. (ii) The website shall provide data on rel- General of the United States and State audi-
(B) In exercising the employment authori- evant operational, economic, financial, tors.
ties under section 3161(b) of title 5, United grant, subgrant, contract, and subcontract (j) For the purposes of carrying out the
States Code, as provided under subparagraph information in user-friendly visual presen- mission of the Committee under this section,
dlhill on DSKBBY8HB2PROD with SENATE
(A) of this paragraph— tations to enhance public awareness of the there are authorized to be appropriated such
(i) section 3161(b)(2) of that title (relating use of covered funds and the Coronavirus re- sums as may be necessary to carry out the
to periods of appointments) shall not apply; sponse. duties and functions of the Committee.
and (iii) The website shall provide detailed (k) The Committee shall terminate on Sep-
(ii) no period of appointment may exceed data on any Federal Government awards tember 30, 2025.
the date on which the Committee termi- that expend covered funds, including a REPORTING ON USE OF FUNDS
nates. unique trackable identification number for SEC. 15011. (a) In this section—
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2135
(1) the terms ‘‘agency’’, ‘‘appropriate con- quarter following the date of enactment of FEDERAL EMERGENCY MANAGEMENT AGENCY
gressional committees’’, ‘‘Committee’’, ‘‘cov- this Act. OPERATIONS AND SUPPORT
ered funds’’, and ‘‘Coronavirus response’’ (B) The last report required to be sub- For an additional amount for ‘‘Operations
have the meanings given those terms in sec- mitted under paragraph (1) shall apply to the and Support’’, $44,987,000, to remain available
tion 15010; quarter in which the Committee terminates. until September 30, 2021, to prevent, prepare
(2) the term ‘‘covered recipient’’— TITLE VI for, and respond to coronavirus, domestically
(A) means any entity that receives large or internationally, which shall be for en-
covered funds; and DEPARTMENT OF HOMELAND SECURITY
hancements to information technology and
(B) includes any State, the District of Co- MANAGEMENT DIRECTORATE for facilities support: Provided, That such
lumbia, and any territory or possession of OPERATIONS AND SUPPORT amount is designated by the Congress as
the United States; and being for an emergency requirement pursu-
For an additional amount for ‘‘Operations
(3) the term ‘‘large covered funds’’ means ant to section 251(b)(2)(A)(i) of the Balanced
and Support’’, $178,300,000, to remain avail-
covered funds that amount to more than Budget and Emergency Deficit Control Act
able until September 30, 2021, to prevent, pre-
$150,000. of 1985.
(b)(1)(A) On a monthly basis until Sep- pare for, and respond to coronavirus, domes-
tember 30, 2021, each agency shall report to tically or internationally, which shall be for DISASTER RELIEF FUND
the Director of the Office of Management the purchase of personal protective equip- For an additional amount for ‘‘Disaster
and Budget, the Bureau of Fiscal Service in ment and sanitization materials: Provided, Relief Fund’’, $45,000,000,000, to remain avail-
the Department of the Treasury, the Com- That funds provided under this heading in able until expended: Provided, That of the
mittee, and the appropriate congressional this Act may be transferred by the Secretary amount provided under this heading in this
committees on any obligation or expenditure of Homeland Security between appropria- Act, $25,000,000,000 shall be for major disas-
of large covered funds, including loans and tions in the Department only for the pur- ters declared pursuant to the Robert T. Staf-
awards. chase of personal protective equipment and ford Disaster Relief and Emergency Assist-
(B) Not later than 90 days after the date of sanitization materials to prevent, prepare ance Act (42 U.S.C. 5121 et seq.): Provided fur-
enactment of this Act, each agency shall for, and respond to coronavirus, domestically ther, That of the amount provided under this
submit to the Committee a plan describing or internationally: Provided further, That heading in this Act, $15,000,000,000 may be
how the agency will use covered funds. none of the funds made available under this used for all purposes authorized under such
(2) Not later than 10 days after the end of heading may be transferred pursuant to the Act and may be used in addition to amounts
each calendar quarter, each covered recipi- authority in section 503 of the Department of designated by the Congress as being for dis-
ent shall submit to the agency and the Com- Homeland Security Appropriations Act, 2020: aster relief pursuant to section 251(b)(2)(D) of
mittee a report that contains— Provided further, That the Department shall the Balanced Budget and Emergency Deficit
(A) the total amount of large covered funds provide notice of any transfer to the Com- Control Act of 1985: Provided further, That
received from the agency; mittees on Appropriations of the Senate and every 30 days the Administrator shall pro-
(B) the amount of large covered funds re- the House of Representatives not later than vide the Committees on Appropriations of
ceived that were expended or obligated for 5 days after executing such transfer: Provided the Senate and the House of Representatives
each project or activity; further, That such amount is designated by both projected and actual costs for funds
(C) a detailed list of all projects or activi- the Congress as being for an emergency re- provided under this heading for major disas-
ties for which large covered funds were ex- quirement pursuant to section 251(b)(2)(A)(i) ters and any other expenses: Provided further,
pended or obligated, including— of the Balanced Budget and Emergency Def- That of the amounts provided under this
(i) the name of the project or activity; icit Control Act of 1985. heading, $3,000,000 shall be transferred to
(ii) a description of the project or activity; TRANSPORTATION SECURITY ADMINISTRATION ‘‘Office of Inspector General’’ and shall re-
and main available until expended for oversight
OPERATIONS AND SUPPORT
(iii) the estimated number of jobs created of activities supported by funds provided
or retained by the project or activity, where For an additional amount for ‘‘Operations under this heading: Provided further, That
applicable; and and Support’’, $100,000,000, to remain avail- such amount is designated by the Congress
(D) detailed information on any level of able until September 30, 2021, to prevent, pre- as being for an emergency requirement pur-
subcontracts or subgrants awarded by the pare for, and respond to coronavirus, domes- suant to section 251(b)(2)(A)(i) of the Bal-
covered recipient or its subcontractors or tically or internationally, which shall be for anced Budget and Emergency Deficit Control
subgrantees, to include the data elements re- cleaning and sanitization at checkpoints and Act of 1985.
quired to comply with the Federal Funding other airport common areas; overtime and FEDERAL ASSISTANCE
Accountability and Transparency Act of 2006 travel costs; and explosive detection mate-
rials: Provided, That such amount is des- For an additional amount for ‘‘Federal As-
(31 U.S.C. 6101 note) allowing aggregate re- sistance’’, $400,000,000, to remain available
porting on awards below $50,000 or to individ- ignated by the Congress as being for an
emergency requirement pursuant to section until September 30, 2021, to prevent, prepare
uals, as prescribed by the Director of the Of- for, and respond to coronavirus, domestically
fice of Management and Budget. 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985. or internationally: Provided, That of the
(3) Not later than 30 days after the end of
amount provided under this heading in this
each calendar quarter, the Committee, in UNITED STATES COAST GUARD Act, $100,000,000 shall be for Assistance to
consultation with the agency that made
OPERATIONS AND SUPPORT Firefighter Grants for the purchase of per-
large covered funds available to any covered
For an additional amount for ‘‘Operations sonal protective equipment and related sup-
recipient shall make the information in re-
and Support’’, $140,800,000, to remain avail- plies, including reimbursements; $100,000,000
ports submitted under paragraph (2) publicly
able until September 30, 2021, to prevent, pre- shall be for Emergency Management Per-
available by posting the information on the
pare for, and respond to coronavirus, domes- formance Grants; and $200,000,000 shall be for
website established under section 15010(g).
tically or internationally, which shall be for the Emergency Food and Shelter Program:
(4)(A) Each agency, in coordination with
mobilization of reservists and increasing the Provided further, That such amount is des-
the Committee and the Director of the Office
capability and capacity of Coast Guard infor- ignated by the Congress as being for an
of Management and Budget shall provide
mation technology systems and infrastruc- emergency requirement pursuant to section
user-friendly means for covered recipients to
ture: Provided, That such amount is des- 251(b)(2)(A)(i) of the Balanced Budget and
meet requirements of this subsection.
(B) Federal agencies may use existing ignated by the Congress as being for an Emergency Deficit Control Act of 1985.
mechanisms to ensure that information emergency requirement pursuant to section GENERAL PROVISIONS—THIS TITLE
under this subsection is reported accurately. 251(b)(2)(A)(i) of the Balanced Budget and SEC. 16001. Notwithstanding any other pro-
(c)(1) The Director of the Office of Manage- Emergency Deficit Control Act of 1985. vision of law, funds made available under
ment and Budget, in consultation with the CYBERSECURITY AND INFRASTRUCTURE each heading in this title, except for ‘‘Fed-
Secretary of the Treasury, the Adminis- SECURITY AGENCY eral Emergency Management Agency—Dis-
trator of the Small Business Administration, aster Relief Fund’’, shall only be used for the
OPERATIONS AND SUPPORT
and the Chairperson of the Council of Eco- purposes specifically described under that
nomic Advisors, shall submit to the appro- For an additional amount for ‘‘Operations heading.
priate congressional committees and pub- and Support’’, $9,100,000, to remain available SEC. 16002. Notwithstanding any other pro-
licly release on the website established until September 30, 2021, to prevent, prepare vision of law, any amounts appropriated for
under section 15010(g) quarterly reports that for, and respond to coronavirus, domestically ‘‘Federal Emergency Management Agency—
detail the impact of programs funded or internationally, which shall be for support Disaster Relief Fund’’ in this Act are avail-
dlhill on DSKBBY8HB2PROD with SENATE
through large covered funds on employment, of interagency critical infrastructure coordi- able only for the purposes for which they
estimated economic growth, and other key nation and related activities: Provided, That were appropriated.
economic indicators, including information such amount is designated by the Congress SEC. 16003. (a) PREMIUM PAY AUTHORITY.—If
about impacted industries. as being for an emergency requirement pur- services performed during fiscal year 2020 are
(2)(A) The first report submitted under suant to section 251(b)(2)(A)(i) of the Bal- determined by the head of the agency to be
paragraph (1) shall be submitted not later anced Budget and Emergency Deficit Control primarily related to preparation, prevention,
than 45 days after the end of the first full Act of 1985. or response to coronavirus, any premium pay
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2136 CONGRESSIONAL RECORD — SENATE March 25, 2020
that is funded, either directly or through re- (B) for the practice of medicine, osteo- further, That such amount is designated by
imbursement, by the Federal Emergency pathic medicine, dentistry, nursing, emer- the Congress as being for an emergency re-
Management Agency shall be exempted from gency medical services, or another health quirement pursuant to section 251(b)(2)(A)(i)
the aggregate of basic pay and premium pay profession; and of the Balanced Budget and Emergency Def-
calculated under section 5547(a) of title 5, (4) is not affirmatively excluded from prac- icit Control Act of 1985.
United States Code, and any other provision tice in the licensing or certifying jurisdic- BUREAU OF INDIAN EDUCATION
of law limiting the aggregate amount of pre- tion or in any other jurisdiction.
mium pay payable on a biweekly or calendar (c) Subsection (a) shall apply during the in- OPERATION OF INDIAN EDUCATION PROGRAMS
year basis. cident period of the emergency declared by For an additional amount for ‘‘Operation
(b) OVERTIME AUTHORITY.—Any overtime the President on March 13, 2020, pursuant to of Indian Education Programs’’, $69,000,000,
that is funded for such services described in section 501(b) of the Robert T. Stafford Dis- to remain available until September 30, 2021,
subsection (a), either directly or through re- aster Relief and Emergency Assistance Act to prevent, prepare for, and respond to
imbursement, by the Federal Emergency (42 U.S.C. 5121(b)), and to any subsequent coronavirus, domestically or internation-
Management Agency shall be exempted from major declaration under section 401 of such ally, including, but not limited to, funding
any annual limit on the amount of overtime Act that supersedes such emergency declara- for tribal colleges and universities, salaries,
payable in a calendar or fiscal year. tion. transportation, and information technology:
(c) APPLICABILITY OF AGGREGATE LIMITA- SEC. 16006. The Secretary of Homeland Se- Provided, That of the amounts provided in
TION ON PAY.—In determining whether an
curity, under the authority granted under this paragraph, not less than $20,000,000 shall
employee’s pay exceeds the applicable an-
section 205(b) of the REAL ID Act of 2005 be for tribal colleges and universities: Pro-
nual rate of basic pay payable under section
(Public Law 109–13; 49 U.S.C. 30301 note) shall vided further, That such amount is des-
5307 of title 5, United States Code, the head
extend the deadline by which States are re- ignated by the Congress as being for an
of an Executive agency shall not include pay
quired to meet the driver license and identi- emergency requirement pursuant to section
exempted under this section.
(d) LIMITATION OF PAY AUTHORITY.—Pay ex- fication card issuance requirements under 251(b)(2)(A)(i) of the Balanced Budget and
empted from otherwise applicable limits section 202(a)(1) of such Act until not earlier Emergency Deficit Control Act of 1985.
under subsection (a) shall not cause the ag- than September 30, 2021. DEPARTMENTAL OFFICES
gregate pay earned for the calendar year in SEC. 16007. Section 5 of the Protecting and
Securing Chemical Facilities from Terrorist OFFICE OF THE SECRETARY
which the exempted pay is earned to exceed
the rate of basic pay payable for a position Attacks Act of 2014 (Public Law 113–254; 6 DEPARTMENTAL OPERATIONS
at level II of the Executive Schedule under U.S.C. 621 note) is amended by striking ‘‘the (INCLUDING TRANSFERS OF FUNDS)
section 5313 of title 5, United States Code. date that is 5 years and 3 months after the
For an additional amount for ‘‘Depart-
(e) EFFECTIVE DATE.—This section shall effective date of this Act’’ and inserting
mental Operations’’, $158,400,000, to remain
take effect as if enacted on January 1, 2020. ‘‘July 23, 2020’’: Provided, That the amount
available until September 30, 2021, to pre-
SEC. 16004. (a) Amounts provided for ‘‘Coast provided by this section is designated by the
vent, prepare for, and respond to
Guard—Operations and Support’’ in the Con- Congress as being for an emergency require-
coronavirus, domestically or internation-
solidated Appropriations Act, 2020 (Public ment pursuant to section 251(b)(2)(A)(i) of
ally, including, but not limited to, funds for
Law 116–93) may be available for pay and the Balanced Budget and Emergency Deficit
purchasing equipment and supplies to dis-
benefits of Coast Guard Yard and Vessel Doc- Control Act of 1985.
infect and clean buildings and public areas,
umentation personnel, Non-Appropriated TITLE VII supporting law enforcement and emergency
Funds personnel, and for Morale, Welfare and DEPARTMENT OF THE INTERIOR management operations, biosurveillance of
Recreation Programs.
(b) No amounts may be used under this sec- INDIAN AFFAIRS wildlife and environmental persistence stud-
tion from amounts that were designated by BUREAU OF INDIAN AFFAIRS ies, employee overtime and special pay ex-
the Congress for Overseas Contingency Oper- penses, and other response, mitigation, or re-
OPERATION OF INDIAN PROGRAMS
ations/Global War on Terrorism pursuant to covery activities: Provided, That funds appro-
(INCLUDING TRANSFERS OF FUNDS) priated under this heading in this Act shall
the Concurrent Resolution on the Budget or
For an additional amount for ‘‘Operation be used to absorb increased operational costs
the Balanced Budget and Emergency Deficit
of Indian Programs’’, $453,000,000, to remain necessary to prevent, prepare for, and re-
Control Act of 1985.
SEC. 16005. (a) Notwithstanding any other available until September 30, 2021, to pre- spond to coronavirus, domestically or inter-
provision of law regarding the licensure of vent, prepare for, and respond to nationally: Provided further, That the Sec-
health-care providers, a health-care profes- coronavirus, domestically or internation- retary of the Interior may transfer the funds
sional described in subsection (b) may prac- ally, including, but not limited to, funds for provided under this heading in this Act to
tice the health profession or professions of public safety and justice programs, executive any other account in the Department to pre-
the health-care professional at any location direction to carry out deep cleaning of facili- vent, prepare for, and respond to
in any State, the District of Columbia, or ties, purchase of personal protective equip- coronavirus, domestically or internation-
Commonwealth, territory, or possession of ment, purchase of information technology to ally, and may expend such funds directly or
the United States, or any location des- improve teleworking capability, welfare as- through cooperative agreements: Provided
ignated by the Secretary, regardless of where sistance and social services programs (in- further, That the Secretary shall provide a
such health-care professional or the patient cluding assistance to individuals), and assist- monthly report to the Committees on Appro-
is located, so long as the practice is within ance to tribal governments, including tribal priations of the House of Representatives
the scope of the authorized Federal duties of governments who participate in the ‘‘Small and the Senate detailing the allocation and
such health-care professional. and Needy’’ program: Provided, That obligation of these funds by account, begin-
(b) DEFINITION.—As used in this section, amounts received from funds provided under ning not later than 90 days after enactment
the term ‘‘health-care professional’’ means this heading in this Act for welfare assist- of this Act: Provided further, That as soon as
an individual (other than a member of the ance programs shall not be included in the practicable after the date of enactment of
Coast Guard, a civilian employee of the statutory maximum for welfare assistance this Act, the Secretary shall transfer
Coast Guard, member of the Public Health funds included in Public Law 116–94, the Fur- $1,000,000 to the Office of the Inspector Gen-
Service who is assigned to the Coast Guard, ther Consolidated Appropriations Act, 2020: eral, ‘‘Salaries and Expenses’’ account for
or an individual with whom the Secretary, Provided further, That assistance received oversight activities related to the implemen-
pursuant to 10 U.S.C. 1091, has entered into a from funds provided under this heading in tation of programs, activities or projects
personal services contract to carry out this Act shall not be included in the calcula- funded herein: Provided further, That such
health care responsibilities of the Secretary tion of funds received by those tribal govern- amount is designated by the Congress as
at a medical treatment facility of the Coast ments who participate in the ‘‘Small and being for an emergency requirement pursu-
Guard) who— Needy’’ program: Provided further, That of ant to section 251(b)(2)(A)(i) of the Balanced
(1) is— the amounts provided under this heading in Budget and Emergency Deficit Control Act
(A) an employee of the Department of this Act, not less than $400,000,000 shall be of 1985.
Homeland Security, made available to meet the direct needs of INSULAR AFFAIRS
(B) a detailee to the Department from an- tribes: Provided further, That amounts pro-
other Federal agency, vided under this heading in this Act may be ASSISTANCE TO TERRITORIES
(C) a personal services contractor of the made available for distribution through trib- For an additional amount for ‘‘Assistance
Department, or al priority allocations for tribal response and to Territories’’, $55,000,000, to remain avail-
(D) hired under a Contract for Services; capacity building activities: Provided further, able until September 30, 2021, to prevent, pre-
dlhill on DSKBBY8HB2PROD with SENATE
(2) performs health care services as part of That funds provided under this heading in pare for, and respond to coronavirus, domes-
duties of the individual in that capacity; this Act, if transferred to tribes and tribal tically or internationally, for general tech-
(3) has a current, valid, and unrestricted organizations under the Indian Self-Deter- nical assistance: Provided, That such amount
equivalent license certification that is— mination and Education Assistance Act, will is designated by the Congress as being for an
(A) issued by a State, the District of Co- be transferred on a one-time basis and that emergency requirement pursuant to section
lumbia, or a Commonwealth, territory, or these non-recurring funds are not part of the 251(b)(2)(A)(i) of the Balanced Budget and
possession of the United States; and amount required by 25 U.S.C. § 5325: Provided Emergency Deficit Control Act of 1985.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2137
ENVIRONMENTAL PROTECTION AGENCY abandoned or failed experiments associated under this heading in this Act, not less than
SCIENCE AND TECHNOLOGY with employee restrictions due to the $450,000,000 shall be distributed through IHS
coronavirus outbreak: Provided, That directly operated programs and to tribes and
For an additional amount for ‘‘Science and
amounts provided under this heading in this tribal organizations under the Indian Self-
Technology’’, $2,250,000, to remain available
Act shall be allocated at the discretion of Determination and Education Assistance Act
until September 30, 2021, to prevent, prepare
the Chief of the Forest Service: Provided fur- and through contracts or grants with urban
for, and respond to coronavirus, domestically
ther, That such amount is designated by the Indian organizations under title V of the In-
or internationally: Provided, That of the
Congress as being for an emergency require- dian Health Care Improvement Act: Provided
amount provided under this heading in this
ment pursuant to section 251(b)(2)(A)(i) of further, That any amounts provided in this
Act, $750,000 shall be for necessary expenses
the Balanced Budget and Emergency Deficit paragraph not allocated pursuant to the pre-
for cleaning and disinfecting equipment or
Control Act of 1985. ceding proviso shall be allocated at the dis-
facilities of, or for use by, the Environ-
NATIONAL FOREST SYSTEM cretion of the Director of the Indian Health
mental Protection Agency, and $1,500,000
For an additional amount for ‘‘National Service: Provided further, That of the funds
shall be for research on methods to reduce
Forest System’’, $34,000,000, to remain avail- provided herein, up to $125,000,000 may be
the risks from environmental transmission
able until September 30, 2021, to prevent, pre- transferred to and merged with the ‘‘Indian
of coronavirus via contaminated surfaces or
pare for, and respond to coronavirus, domes- Health Service, Indian Health Facilities’’ ap-
materials: Provided further, That such
tically or internationally, including for propriation at the discretion of the Director
amount is designated by the Congress as
cleaning and disinfecting of public recre- for the purposes specified in this Act: Pro-
being for an emergency requirement pursu-
ation amenities and for personal protective vided further, That amounts provided under
ant to section 251(b)(2)(A)(i) of the Balanced
equipment and baseline health testing for this heading in this Act, if transferred to
Budget and Emergency Deficit Control Act
first responders: Provided, That amounts pro- tribes and tribal organizations under the In-
of 1985.
vided under this heading in this Act shall be dian Self-Determination and Education As-
ENVIRONMENTAL PROGRAMS AND MANAGEMENT sistance Act, will be transferred on a one-
allocated at the discretion of the Chief of the
For an additional amount for ‘‘Environ- Forest Service: Provided further, That such time basis and that these non-recurring
mental Programs and Management’’, amount is designated by the Congress as funds are not part of the amount required by
$3,910,000, to remain available until Sep- being for an emergency requirement pursu- 25 U.S.C. § 5325, and that such amounts may
tember 30, 2021, to prevent, prepare for, and ant to section 251(b)(2)(A)(i) of the Balanced only be used for the purposes identified
respond to coronavirus, domestically or Budget and Emergency Deficit Control Act under this heading notwithstanding any
internationally: Provided, That of the of 1985. other provision of law: Provided further, That
amount provided under this heading in this such amount is designated by the Congress
CAPITAL IMPROVEMENT AND MAINTENANCE
Act, $2,410,000 shall be for necessary expenses as being for an emergency requirement pur-
for cleaning and disinfecting equipment or For an additional amount for ‘‘Capital Im- suant to section 251(b)(2)(A)(i) of the Bal-
facilities of, or for use by, the Environ- provement and Maintenance’’, $26,800,000, to anced Budget and Emergency Deficit Control
mental Protection Agency, and operational remain available until September 30, 2021, to Act of 1985.
continuity of Environmental Protection prevent, prepare for, and respond to AGENCY FOR TOXIC SUBSTANCES AND DISEASE
Agency programs and related activities, and coronavirus, domestically or internation- REGISTRY
$1,500,000 shall be for expediting registration ally, including for janitorial services: Pro-
vided, That amounts provided under this TOXIC SUBSTANCES AND ENVIRONMENTAL
and other actions related to pesticides to ad-
heading in this Act shall be allocated at the PUBLIC HEALTH
dress coronavirus: Provided further, That
such amount is designated by the Congress discretion of the Chief of the Forest Service: For an additional amount for ‘‘Toxic Sub-
as being for an emergency requirement pur- Provided further, That such amount is des- stances and Environmental Public Health’’,
suant to section 251(b)(2)(A)(i) of the Bal- ignated by the Congress as being for an $12,500,000, to remain available until Sep-
anced Budget and Emergency Deficit Control emergency requirement pursuant to section tember 30, 2021, to prevent, prepare for, and
Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and respond to coronavirus, domestically or
Emergency Deficit Control Act of 1985. internationally: Provided, That $7,500,000 of
BUILDINGS AND FACILITIES the funds provided under this heading in this
WILDLAND FIRE MANAGEMENT
For an additional amount for ‘‘Buildings Act shall be for necessary expenses of the
and Facilities’’, $300,000, to remain available For an additional amount for ‘‘Wildland
Geospatial Research, Analysis and Services
until September 30, 2021, to prevent, prepare Fire Management’’, $7,000,000, to remain
Program to support spatial analysis and Ge-
for, and respond to coronavirus, domestically available until September 30, 2021, to pre-
ographic Information System mapping of in-
or internationally: Provided, That the funds vent, prepare for, and respond to
fectious disease hot spots, including cruise
provided under this heading in this Act shall coronavirus, domestically or internation-
ships: Provided further, That $5,000,000 of the
be for necessary expenses for cleaning and ally, including for personal protective equip-
funds provided under this heading in this Act
disinfecting equipment or facilities of, or for ment and baseline health testing for first re-
shall be for necessary expenses for awards to
use by, the Environmental Protection Agen- sponders: Provided, That amounts provided
Pediatric Environmental Health Specialty
cy: Provided further, That such amount is under this heading in this Act shall be allo-
Units and state health departments to pro-
designated by the Congress as being for an cated at the discretion of the Chief of the
vide guidance and outreach on safe practices
emergency requirement pursuant to section Forest Service: Provided further, That such
for disinfection for home, school, and
251(b)(2)(A)(i) of the Balanced Budget and amount is designated by the Congress as
daycare facilities: Provided further, That
Emergency Deficit Control Act of 1985. being for an emergency requirement pursu-
such amount is designated by the Congress
ant to section 251(b)(2)(A)(i) of the Balanced
HAZARDOUS SUBSTANCE SUPERFUND as being for an emergency requirement pur-
Budget and Emergency Deficit Control Act
For an additional amount for ‘‘Hazardous suant to section 251(b)(2)(A)(i) of the Bal-
of 1985.
Substance Superfund’’, $770,000, to remain anced Budget and Emergency Deficit Control
DEPARTMENT OF HEALTH AND HUMAN Act of 1985.
available until September 30, 2021, to pre- SERVICES
vent, prepare for, and respond to OTHER RELATED AGENCIES
coronavirus, domestically or internation- INDIAN HEALTH SERVICE
INSTITUTE OF AMERICAN INDIAN AND ALASKA
ally: Provided, That the funds provided under INDIAN HEALTH SERVICES NATIVE CULTURE AND ARTS DEVELOPMENT
this heading in this Act shall be for nec- (INCLUDING TRANSFERS OF FUNDS) PAYMENT TO THE INSTITUTE
essary expenses for cleaning and disinfecting For an additional amount for ‘‘Indian
equipment or facilities of, or for use by, the For an additional amount for ‘‘Payment to
Health Services’’, $1,032,000,000, to remain the Institute’’, $78,000, to remain available
Environmental Protection Agency: Provided available until September 30, 2021, to pre-
further, That such amount is designated by until September 30, 2021, to prevent, prepare
vent, prepare for, and respond to for, and respond to coronavirus, domestically
the Congress as being for an emergency re- coronavirus, domestically or internation-
quirement pursuant to section 251(b)(2)(A)(i) or internationally: Provided, That such
ally, including for public health support, amount is designated by the Congress as
of the Balanced Budget and Emergency Def- electronic health record modernization, tele-
icit Control Act of 1985. being for an emergency requirement pursu-
health and other information technology up- ant to section 251(b)(2)(A)(i) of the Balanced
RELATED AGENCIES grades, Purchased/Referred Care, Cata- Budget and Emergency Deficit Control Act
DEPARTMENT OF AGRICULTURE strophic Health Emergency Fund, Urban In- of 1985.
dian Organizations, Tribal Epidemiology
FOREST SERVICE SMITHSONIAN INSTITUTION
Centers, Community Health Representatives,
dlhill on DSKBBY8HB2PROD with SENATE
FOREST AND RANGELAND RESEARCH and other activities to protect the safety of SALARIES AND EXPENSES
For an additional amount for ‘‘Forest and patients and staff: Provided, That of the For an additional amount for ‘‘Salaries
Rangeland Research’’, $3,000,000, to remain amount provided under this heading in this and Expenses’’, $7,500,000, to remain avail-
available until September 30, 2021, to pre- Act, up to $65,000,000 is for electronic health able until September 30, 2021, to prevent, pre-
vent, prepare for, and respond to record stabilization and support, including pare for, and respond to coronavirus, domes-
coronavirus, domestically or internation- for planning and tribal consultation: Pro- tically or internationally, including funding
ally, including for the reestablishment of vided further, That of amounts provided for deep cleaning, security, information
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2138 CONGRESSIONAL RECORD — SENATE March 25, 2020
technology, and staff overtime: Provided, distributed to state humanities councils and DEPARTMENT OF HEALTH AND HUMAN
That such amount is designated by the Con- 60 percent of such funds shall be for direct SERVICES
gress as being for an emergency requirement grants: Provided further, That notwith- CENTERS FOR DISEASE CONTROL AND
pursuant to section 251(b)(2)(A)(i) of the Bal- standing any other provision of law, such PREVENTION
anced Budget and Emergency Deficit Control funds may also be used by the recipients of CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT
Act of 1985. such grants for purposes of the general oper- (INCLUDING TRANSFER OF FUNDS)
JOHN F. KENNEDY CENTER FOR THE ations of such recipients: Provided further,
For an additional amount for ‘‘CDC-Wide
PERFORMING ARTS That the matching requirements under sub- Activities and Program Support’’,
OPERATIONS AND MAINTENANCE section (h)(2)(A) of section 7 of the National $4,300,000,000, to remain available until Sep-
Foundation on the Arts and Humanities Act tember 30, 2024, to prevent, prepare for, and
For an additional amount for ‘‘Operations
and Maintenance’’, $25,000,000, to remain of 1965 may be waived with respect to such respond to coronavirus, domestically or
available until September 30, 2021, to pre- grants: Provided further, That such amount is internationally: Provided, That not less than
vent, prepare for, and respond to designated by the Congress as being for an $1,500,000,000 of the amount provided under
coronavirus, domestically or internation- emergency requirement pursuant to section this heading in this Act shall be for grants to
ally, including funding for deep cleaning and 251(b)(2)(A)(i) of the Balanced Budget and or cooperative agreements with States, lo-
information technology to improve telework Emergency Deficit Control Act of 1985. calities, territories, tribes, tribal organiza-
capability and for operations and mainte- tions, urban Indian health organizations, or
TITLE VIII
nance requirements related to the con- health service providers to tribes, including
sequences of coronavirus: Provided, That not- DEPARTMENT OF LABOR to carry out surveillance, epidemiology, lab-
withstanding the provisions of 20 U.S.C. 76h oratory capacity, infection control, mitiga-
et seq., funds provided under this heading in EMPLOYMENT AND TRAINING ADMINISTRATION tion, communications, and other prepared-
this Act shall be made available to cover op- ness and response activities: Provided further,
TRAINING AND EMPLOYMENT SERVICES
erating expenses required to ensure the con- That every grantee that received a Public
tinuity of the John F. Kennedy Center for For an additional amount for ‘‘Training Health Emergency Preparedness grant for
the Performing Arts and its affiliates, in- and Employment Services’’, $345,000,000, to fiscal year 2019 shall receive not less than 100
cluding for employee compensation and ben- remain available through September 30, 2022, percent of that grant level from funds pro-
efits, grants, contracts, payments for rent or to prevent, prepare for, and respond to vided in the first proviso under this heading
utilities, fees for artists or performers, infor- coronavirus, domestically or internation- in this Act: Provided further, That of the
mation technology, and other administrative ally, for necessary expenses for the dis- amount in the first proviso, not less than
expenses: Provided further, That no later than $125,000,000 shall be allocated to tribes, tribal
located workers assistance national reserve:
October 31, 2020, the Board of Trustees of the organizations, urban Indian health organiza-
Provided, That the funds provided under this
Center shall submit a report to the Commit- tions, or health service providers to tribes:
heading in this Act may be used to replace
tees on Appropriations of the House of Rep- Provided further, That the Director of the
grant funds previously obligated to the im- Centers for Disease Control and Prevention
resentatives and Senate that includes a de- pacted areas: Provided further, That such
tailed explanation of the distribution of the (‘‘CDC’’) may satisfy the funding thresholds
amount is designated by the Congress as outlined in the preceding two provisos by
funds provided herein: Provided further, That being for an emergency requirement pursu-
such amount is designated by the Congress making awards through other grant or coop-
ant to section 251(b)(2)(A)(i) of the Balanced erative agreement mechanisms: Provided fur-
as being for an emergency requirement pur- Budget and Emergency Deficit Control Act
suant to section 251(b)(2)(A)(i) of the Bal- ther, That of the amount provided under this
of 1985. heading in this Act, not less than $500,000,000
anced Budget and Emergency Deficit Control
Act of 1985. DEPARTMENTAL MANAGEMENT shall be for global disease detection and
emergency response: Provided further, That of
NATIONAL FOUNDATION ON THE ARTS AND SALARIES AND EXPENSES the amount provided under this heading in
HUMANITIES this Act, not less than $500,000,000 shall be
NATIONAL ENDOWMENT FOR THE ARTS (INCLUDING TRANSFER OF FUNDS) for public health data surveillance and ana-
GRANTS AND ADMINISTRATION For an additional amount for ‘‘Depart- lytics infrastructure modernization: Provided
For an additional amount for ‘‘Grants and mental Management’’, $15,000,000, to remain further, That CDC shall report to the Com-
Administration’’, $75,000,000, to remain avail- available through September 30, 2022, to pre- mittees on Appropriations of the House of
able until September 30, 2021, to prevent, pre- vent, prepare for, and respond to Representatives and the Senate on the devel-
pare for, and respond to coronavirus, domes- opment of a public health surveillance and
coronavirus, including to enforce worker
tically or internationally, to be distributed data collection system for coronavirus with-
protection laws and regulations, and to over-
in grants: Provided, That such funds are in 30 days of enactment of this Act: Provided
see and coordinate activities related to divi-
available under the same terms and condi- further, That of the amount provided under
sion C, division D, division E, and division F
tions as grant funding appropriated to this this heading in this Act, $300,000,000 shall be
of Public Law 116–127: Provided, That the
heading in Public Law 116–94: Provided fur- transferred to and merged with amounts in
Secretary of Labor may transfer the the Infectious Diseases Rapid Response Re-
ther, That 40 percent of such funds shall be amounts provided under this heading in this
distributed to State arts agencies and re- serve Fund (‘‘Reserve Fund’’), established by
Act as necessary to ‘‘Employee Benefits Se- section 231 of division B of Public Law 115–
gional arts organizations and 60 percent of curity Administration’’, ‘‘Wage and Hour Di-
such funds shall be for direct grants: Pro- 245: Provided further, That the Secretary of
vision’’, ‘‘Occupational Safety and Health Health and Human Services, in consultation
vided further, That notwithstanding any Administration’’, and ‘‘Employment and
other provision of law, such funds may also with the Director of the CDC, shall provide a
Training Administration—Program Adminis- report to the Committees on Appropriations
be used by the recipients of such grants for tration’’ to prevent, prepare for, and respond
purposes of the general operations of such re- of the House of Representatives and the Sen-
to coronavirus, including for enforcement, ate every 14 days, for one year from the date
cipients: Provided further, That the matching oversight, and coordination activities in
requirements under subsections (e), (g)(4)(A), from any such declaration or determination
those accounts: Provided further, That of the described in the third proviso of section 231
and (p)(3) of section 5 of the National Foun- amount provided under this heading in this
dation on the Arts and Humanities Act of of division B of Public Law 115–245, that de-
Act, $1,000,000, to remain available until ex- tails commitment and obligation informa-
1965 (20 U.S.C. 954) may be waived with re-
pended, shall be transferred to ‘‘Office of In- tion for the Reserve Fund during the prior
spect to such grants: Provided further, That
spector General’’ for oversight of activities two weeks, as long as such report would de-
such amount is designated by the Congress
related to Public Law 116–127 and for over- tail obligations in excess of $5,000,000, and
as being for an emergency requirement pur-
sight activities supported with funds appro- upon the request by such Committees: Pro-
suant to section 251(b)(2)(A)(i) of the Bal-
priated to the Department of Labor to pre- vided further, That funds appropriated under
anced Budget and Emergency Deficit Control
vent, prepare for, and respond to this heading in this Act may be used for
Act of 1985.
coronavirus: Provided further, That 15 days grants for the rent, lease, purchase, acquisi-
NATIONAL ENDOWMENT FOR THE HUMANITIES prior to transferring any funds pursuant to tion, construction, alteration, or renovation
GRANTS AND ADMINISTRATION the previous provisos under the heading in of non-federally owned facilities to improve
For an additional amount for ‘‘Grants and this Act, the Secretary shall provide to the preparedness and response capability at the
Administration’’, $75,000,000, to remain avail- Committees on Appropriations of the House State and local level: Provided further, That
able until September 30, 2021, to prevent, pre- of Representatives and the Senate an oper- funds provided under this heading in this Act
dlhill on DSKBBY8HB2PROD with SENATE
pare for, and respond to coronavirus, domes- ating plan describing the planned uses of may be used for purchase and insurance of
tically or internationally, to be distributed each amount proposed to be transferred: Pro- official motor vehicles in foreign countries:
in grants: Provided, That such funds are vided further, That such amount is des- Provided further, That such amount is des-
available under the same terms and condi- ignated by the Congress as being for an ignated by the Congress as being for an
tions as grant funding appropriated to this emergency requirement pursuant to section emergency requirement pursuant to section
heading in Public Law 116–94: Provided fur- 251(b)(2)(A)(i) of the Balanced Budget and 251(b)(2)(A)(i) of the Balanced Budget and
ther, That 40 percent of such funds shall be Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2139
NATIONAL INSTITUTES OF HEALTH SUBSTANCE ABUSE AND MENTAL HEALTH not supplant State, Territory, and Tribal
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
SERVICES ADMINISTRATION general revenue funds for child care assist-
HEALTH SURVEILLANCE AND PROGRAM SUPPORT ance for low-income families within the
For an additional amount for ‘‘National United States (including territories) without
Heart, Lung, and Blood Institute’’, For an additional amount for ‘‘Heath Sur-
regard to requirements in sections
$103,400,000, to remain available until Sep- veillance and Program Support’’, $425,000,000,
658E(c)(3)(D)–(E) or 658G of the Child Care
tember 30, 2024, to prevent, prepare for, and to remain available through September 30,
and Development Block Grant Act: Provided,
respond to coronavirus, domestically or 2021, to prevent, prepare for, and respond to
That funds provided under this heading in
internationally: Provided, That such amount coronavirus, domestically or internation-
this Act may be used to provide continued
is designated by the Congress as being for an ally: Provided, That of the amount appro-
payments and assistance to child care pro-
emergency requirement pursuant to section priated under this heading in this Act, not viders in the case of decreased enrollment or
251(b)(2)(A)(i) of the Balanced Budget and less than $250,000,000 is available for Certified closures related to coronavirus, and to as-
Emergency Deficit Control Act of 1985. Community Behavioral Health Clinic Expan- sure they are able to remain open or reopen
sion Grant program: Provided further, That of as appropriate and applicable: Provided fur-
NATIONAL INSTITUTE OF ALLERGY AND
the amount appropriated under this heading ther, That States, Territories, and Tribes are
INFECTIOUS DISEASES
in this Act, not less than $50,000,000 shall be encouraged to place conditions on payments
For an additional amount for ‘‘National In- available for suicide prevention programs: to child care providers that ensure that child
stitute of Allergy and Infectious Diseases’’, Provided further, That of the amount appro- care providers use a portion of funds received
$706,000,000, to remain available until Sep- priated under this heading in this Act, not to continue to pay the salaries and wages of
tember 30, 2024, to prevent, prepare for, and less than $100,000,000 is available for activi- staff: Provided further, That the Secretary
respond to coronavirus, domestically or ties authorized under section 501(o) of the shall remind States that CCDBG State plans
internationally: Provided, That not less than Public Health Service Act: Provided further, do not need to be amended prior to utilizing
$156,000,000 of the amounts provided under That of the funding made available under existing authorities in the CCDBG Act for
this heading in this Act shall be provided for this heading in this Act, not less than the purposes provided herein: Provided fur-
the study of, construction of, demolition of, $15,000,000 shall be allocated to tribes, tribal ther, That States, Territories, and Tribes are
renovation of, and acquisition of equipment organizations, urban Indian health organiza- authorized to use funds appropriated under
for, vaccine and infectious diseases research tions, or health or behavioral health service this heading in this Act to provide child care
facilities of or used by NIH, including the ac- providers to tribes: Provided further, That assistance to health care sector employees,
quisition of real property: Provided further, such amount is designated by the Congress emergency responders, sanitation workers,
That such amount is designated by the Con- as being for an emergency requirement pur- and other workers deemed essential during
gress as being for an emergency requirement suant to section 251(b)(2)(A)(i) of the Bal- the response to coronavirus by public offi-
pursuant to section 251(b)(2)(A)(i) of the Bal- anced Budget and Emergency Deficit Control cials, without regard to the income eligi-
anced Budget and Emergency Deficit Control Act of 1985. bility requirements of section 658P(4) of such
Act of 1985. CENTERS FOR MEDICARE & MEDICAID SERVICES Act: Provided further, That funds appro-
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING PROGRAM MANAGEMENT priated under this heading in this Act shall
AND BIOENGINEERING be available to eligible child care providers
For an additional amount for ‘‘Program under section 658P(6) of the CCDBG Act, even
For an additional amount for ‘‘National In- Management’’, $200,000,000, to remain avail- if such providers were not receiving CCDBG
stitute of Biomedical Imaging and Bio- able through September 30, 2023, to prevent, assistance prior to the public health emer-
engineering’’, $60,000,000, to remain available prepare for, and respond to coronavirus, do- gency as a result of the coronavirus, for the
until September 30, 2024, to prevent, prepare mestically and internationally: Provided, purposes of cleaning and sanitation, and
for, and respond to coronavirus, domestically That of the amount appropriated under this other activities necessary to maintain or re-
or internationally: Provided, That such heading in this Act, not less than $100,000,000 sume the operation of programs: Provided
amount is designated by the Congress as shall be available for necessary expenses of further, That payments made under this
being for an emergency requirement pursu- the survey and certification program, heading in this Act may be obligated in this
ant to section 251(b)(2)(A)(i) of the Balanced prioritizing nursing home facilities in local- fiscal year or the succeeding two fiscal
Budget and Emergency Deficit Control Act ities with community transmission of years: Provided further, That funds appro-
of 1985. coronavirus: Provided further, That such priated under this heading in this Act may
NATIONAL LIBRARY OF MEDICINE
amount is designated by the Congress as be made available to restore amounts, either
being for an emergency requirement pursu- directly or through reimbursement, for obli-
For an additional amount for ‘‘National ant to section 251(b)(2)(A)(i) of the Balanced gations incurred to prevent, prepare for, and
Library of Medicine’’, $10,000,000, to remain Budget and Emergency Deficit Control Act respond to coronavirus, domestically or
available until September 30, 2024, to pre- of 1985. internationally, prior to the date of enact-
vent, prepare for, and respond to
ADMINISTRATION FOR CHILDREN AND FAMILIES ment of this Act: Provided further, That such
coronavirus, domestically or internation-
LOW INCOME HOME ENERGY ASSISTANCE amount is designated by the Congress as
ally: Provided, That such amount is des-
being for an emergency requirement pursu-
ignated by the Congress as being for an For an additional amount for ‘‘Low Income
ant to section 251(b)(2)(A)(i) of the Balanced
emergency requirement pursuant to section Home Energy Assistance’’, $900,000,000, to re-
Budget and Emergency Deficit Control Act
251(b)(2)(A)(i) of the Balanced Budget and main available through September 30, 2021,
of 1985.
Emergency Deficit Control Act of 1985. to prevent, prepare for, or respond to
CHILDREN AND FAMILIES SERVICES PROGRAMS
NATIONAL CENTER FOR ADVANCING
coronavirus, domestically or internation-
ally, for making payments under subsection For an additional amount for ‘‘Children
TRANSLATIONAL SCIENCES
(b) of section 2602 of the Low-Income Home and Families Services Programs’’,
For an additional amount for ‘‘National Energy Assistance Act of 1981 (42 U.S.C. 8621 $1,874,000,000, to remain available through
Center for Advancing Translational et seq.): Provided, That of the amount pro- September 30, 2021, to prevent, prepare for,
Sciences’’, $36,000,000, to remain available vided under this heading in this Act, and respond to coronavirus, domestically or
until September 30, 2024, to prevent, prepare $225,000,000 shall be allocated as though the internationally, which shall be used as fol-
for, and respond to coronavirus, domestically total appropriation for such payments for lows: (1) $1,000,000,000 for carrying out activi-
or internationally: Provided, That such fiscal year 2020 was less than $1,975,000,000: ties under sections 674 through 679 of the
amount is designated by the Congress as Provided further, That section 2607(b)(2)(B) of Community Services Block Grant Act, in-
being for an emergency requirement pursu- such Act (42 U.S.C. 8626(b)(2)(B)) shall not cluding for federal administrative expenses,
ant to section 251(b)(2)(A)(i) of the Balanced apply to funds made available under this and of which no part shall be subject to sec-
Budget and Emergency Deficit Control Act heading in this Act in fiscal year 2020: Pro- tion 674(b)(3) of such Act: Provided, That to
of 1985. vided further, That such amount is des- the extent Community Services Block Grant
ignated by the Congress as being for an funds are distributed as grant funds by a
OFFICE OF THE DIRECTOR
emergency requirement pursuant to section State to an eligible entity as provided under
For an additional amount for ‘‘Office of the such Act, and have not been expended by
251(b)(2)(A)(i) of the Balanced Budget and
Director’’, $30,000,000, to remain available such entity, they shall remain with such en-
Emergency Deficit Control Act of 1985.
until September 30, 2024, to prevent, prepare tity for carryover into the next two fiscal
for, and respond to coronavirus, domestically PAYMENTS TO STATES FOR THE CHILD CARE AND years for expenditure by such entity con-
or internationally: Provided, That these DEVELOPMENT BLOCK GRANT sistent with program purpose: Provided fur-
funds shall be available for the Common For an additional amount for ‘‘Payments ther, That for services furnished under such
dlhill on DSKBBY8HB2PROD with SENATE
Fund established under section 402A(c)(1) of to States for the Child Care and Develop- Act during fiscal years 2020 and 2021, States
the PHS Act: Provided further, That such ment Block Grant’’, $3,500,000,000, to remain may apply the last sentence of section 673(2)
amount is designated by the Congress as available through September 30, 2021, to pre- of such Act by substituting ‘‘200 percent’’ for
being for an emergency requirement pursu- vent, prepare for, and respond to ‘‘125 percent’’; (2) $750,000,000 for making pay-
ant to section 251(b)(2)(A)(i) of the Balanced coronavirus, domestically or internation- ments under the Head Start Act, including
Budget and Emergency Deficit Control Act ally, including for federal administrative ex- for Federal administrative expenses, and al-
of 1985. penses, which shall be used to supplement, located in an amount that bears the same
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2140 CONGRESSIONAL RECORD — SENATE March 25, 2020
ratio to such portion as the number of en- shall be for aging and disability resource Health and Human Services, be deposited in
rolled children served by the agency involved centers authorized in sections 202(b) and 411 the Strategic National Stockpile under sec-
bears to the number of enrolled children by of the OAA to prevent, prepare for, and re- tion 319F–2 of the Public Health Service Act:
all Head Start agencies: Provided further, spond to coronavirus: Provided further, That Provided further, That of the amount appro-
That none of the funds appropriated in this of the amount made available under this priated under this paragraph in this Act, not
paragraph shall be included in the calcula- heading in this Act to prevent, prepare for, more than $16,000,000,000 shall be for the
tion of the ‘‘base grant’’ in subsequent fiscal and respond to coronavirus, $85,000,000 shall Strategic National Stockpile under section
years, as such term is defined in sections be available for centers for independent liv- 319F–2(a) of such Act: Provided further, That
640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the ing that have received grants funded under funds appropriated under this paragraph in
Head Start Act: Provided further, That funds part C of chapter I of title VII of the Reha- this Act may be transferred to, and merged
appropriated in this paragraph are not sub- bilitation Act of 1973: Provided further, That with, the fund authorized by section 319F–4,
ject to the allocation requirements of sec- to facilitate State use of funds provided the Covered Countermeasure Process Fund,
tion 640(a) of the Head Start Act: Provided under this heading in this Act, matching re- of the Public Health Service Act: Provided
further, That up to $500,000,000 shall be avail- quirements under sections 304(d)(1)(D) and further, That of the amount appropriated
able for the purpose of operating supple- 373(g)(2) of the OAA shall not apply to funds under this paragraph in this Act, not less
mental summer programs through non-com- made available under this heading in this than $250,000,000 shall be available for grants
petitive grant supplements to existing grant- Act: Provided further, That the transfer au- to or cooperative agreements with entities
ees determined to be most ready to operate thority under section 308(b)(4)(A) of the OAA that are either grantees or sub-grantees of
those programs by the Office of Head Start; shall apply to funds made available under the Hospital Preparedness Program author-
(3) $2,000,000 for the National Domestic Vio- this heading in this Act by substituting ‘‘100 ized in section 319C–2 of the Public Health
lence Hotline as authorized by section 303(b) percent’’ for ‘‘40 percent’’: Provided further, Service Act or that meet such other criteria
of the Family Violence Prevention and Serv- That the State Long-Term Care Ombudsman as the Secretary may prescribe, with such
ices Act: Provided further, That the Secretary shall have continuing direct access (or other awards issued under such section or section
may make such funds available for providing access through the use of technology) to 311 of such Act: Provided further, That of the
hotline services remotely; (4) $45,000,000 for residents of long-term care facilities during amount provided under this paragraph in
Family Violence Prevention and Services any portion of the public health emergency this Act, not less than $3,500,000,000 shall be
formula grants as authorized by section relating to coronavirus beginning on the available to the Biomedical Advanced Re-
303(a) of the Family Violence and Prevention date of enactment of this Act and ending on search and Development Authority for nec-
and Services Act with such funds available September 30, 2020, to provide services de- essary expenses of manufacturing, produc-
to grantees without regard to matching re- scribed in section 712(a)(3)(B) of the OAA: tion, and purchase, at the discretion of the
quirements under section 306(c)(4) of such Provided further, That such amount is des- Secretary, of vaccines, therapeutics,
Act: Provided further, That the Secretary ignated by the Congress as being for an diagnostics, and small molecule active phar-
may make such funds available for providing emergency requirement pursuant to section maceutical ingredients, including the devel-
temporary housing and assistance to victims 251(b)(2)(A)(i) of the Balanced Budget and opment, translation, and demonstration at
of family, domestic, and dating violence; (5) Emergency Deficit Control Act of 1985. scale of innovations in manufacturing plat-
$25,000,000 for carrying out activities under OFFICE OF THE SECRETARY forms: Provided further, That funds in the
the Runaway and Homeless Youth Act: Pro- PUBLIC HEALTH AND SOCIAL SERVICES
previous proviso may be used for the con-
vided further, That such amounts shall be EMERGENCY FUND
struction or renovation of U.S.-based next
used to supplement, not supplant, existing generation manufacturing facilities, other
(INCLUDING TRANSFER OF FUNDS)
funds and shall be available without regard than facilities owned by the United States
For an additional amount for ‘‘Public Government: Provided further, That of the
to matching requirements; (6) $45,000,000
Health and Social Services Emergency amount appropriated under this paragraph in
shall be used for child welfare services as au-
Fund’’, $27,014,500,000, to remain available this Act, funds may be used to reimburse the
thorized by subpart 1 of part B of title IV of
until September 30, 2024, to prevent, prepare Department of Veterans Affairs for expenses
the Social Security Act (other than sections
for, and respond to coronavirus, domestically incurred by the Veterans Health Administra-
426, 427, and 429 of such subpart), with such
or internationally, including the develop- tion to prevent, prepare for, and respond to
funds available to grantees without regard to
ment of necessary countermeasures and vac- coronavirus, and to provide medical care for
matching requirements under section 424(a)
cines, prioritizing platform-based tech- such purposes to individuals not otherwise
of that Act or any applicable reductions in
nologies with U.S.-based manufacturing ca- eligible for care: Provided further, That funds
federal financial participation under section
pabilities, the purchase of vaccines, thera- used for the preceding proviso shall be made
424(f) of that Act; and (7) $7,000,000 for Fed-
peutics, diagnostics, necessary medical sup- available to reimburse the Department of
eral administrative expenses: Provided fur-
plies, as well as medical surge capacity, ad- Veterans Affairs only if the Secretary of
ther, That funds appropriated under this
dressing blood supply chain, workforce mod- Health and Human Services certifies to the
heading in this Act may be made available to
ernization, telehealth access and infrastruc- Committees on Appropriations of the House
restore amounts, either directly or through
ture, initial advanced manufacturing, novel of Representatives and the Senate that funds
reimbursement, for obligations incurred to
dispensing, enhancements to the U.S. Com- available for assignments under Public Law
prevent, prepare for, and respond to
missioned Corps, and other preparedness and 93–288, as amended, are insufficient and such
coronavirus, domestically or internation-
response activities: Provided, That funds ap- funds are necessary to reimburse the Depart-
ally, prior to the date of enactment of this
propriated under this paragraph in this Act ment of Veterans Affairs for expenses in-
Act: Provided further, That such amount is
may be used to develop and demonstrate in- curred to provide health care to civilians:
designated by the Congress as being for an
novations and enhancements to manufac- Provided further, That the Secretary shall no-
emergency requirement pursuant to section
turing platforms to support such capabili- tify the Committees on Appropriations of
251(b)(2)(A)(i) of the Balanced Budget and
ties: Provided further, That the Secretary of the House of Representatives and the Senate
Emergency Deficit Control Act of 1985.
Health and Human Services shall purchase not less than 3 days prior to such certifi-
ADMINISTRATION FOR COMMUNITY LIVING vaccines developed using funds made avail- cation: Provided further, That of the amounts
AGING AND DISABILITY SERVICES PROGRAMS able under this paragraph in this Act to re- appropriated under this paragraph in this
For an additional amount for ‘‘Aging and spond to an outbreak or pandemic related to Act, not more than $289,000,000 may be trans-
Disability Services Programs’’, $955,000,000, coronavirus in quantities determined by the ferred as necessary to other federal agencies
to remain available until September 30, 2021, Secretary to be adequate to address the pub- for necessary expenses related to medical
to prevent, prepare for, and respond to lic health need: Provided further, That prod- care that are incurred to prevent, prepare
coronavirus, domestically or internation- ucts purchased by the Federal government for, and respond to coronavirus for persons
ally: Provided, That of the amount made with funds made available under this para- eligible for treatment pursuant to section 322
available under this heading in this Act to graph in this Act, including vaccines, thera- of the Public Health Service Act, as amend-
prevent, prepare for, and respond to peutics, and diagnostics, shall be purchased ed, as determined by the Secretary of the re-
coronavirus, $820,000,000 shall be for activi- in accordance with Federal Acquisition Reg- cipient agency: Provided further, That of the
ties authorized under the Older Americans ulation guidance on fair and reasonable pric- amount appropriated under this paragraph in
Act of 1965 (‘‘OAA’’), including $200,000,000 for ing: Provided further, That the Secretary may this Act, $1,500,000 shall be available for the
supportive services under part B of title III; take such measures authorized under current Secretary to enter into an agreement with
$480,000,000 for nutrition services under sub- law to ensure that vaccines, therapeutics, the National Academies of Sciences, Engi-
parts 1 and 2 of part C of title III; $20,000,000 and diagnostics developed from funds pro- neering, and Medicine not later than 60 days
for nutrition services under title VI; vided in this Act will be affordable in the after the date of enactment of this Act to ex-
dlhill on DSKBBY8HB2PROD with SENATE
$100,000,000 for support services for family commercial market: Provided further, That in amine, and, in a manner that does not com-
caregivers under part E of title III; and carrying out the previous proviso, the Sec- promise national security, report on, the se-
$20,000,000 for elder rights protection activi- retary shall not take actions that delay the curity of the United States medical product
ties, including the long-term ombudsman development of such products: Provided fur- supply chain: Provided further, That funds ap-
program under title VII of such Act: Provided ther, That products purchased with funds ap- propriated under this paragraph in this Act
further, That of the amount made available propriated under this paragraph in this Act may be used for grants for the construction,
under this heading in this Act, $50,000,000 may, at the discretion of the Secretary of alteration, or renovation of non-federally
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2141
owned facilities to improve preparedness and Fund’’, $100,000,000,000, to remain available DEPARTMENT OF EDUCATION
response capability at the State and local until expended, to prevent, prepare for, and EDUCATION STABILIZATION FUND
level: Provided further, That funds appro- respond to coronavirus, domestically or For an additional amount for ‘‘Education
priated under this paragraph in this Act may internationally, for necessary expenses to re- Stabilization Fund’’, $30,750,000,000, to re-
be used for the construction, alteration, or imburse, through grants or other mecha- main available through September 30, 2021,
renovation of non-federally owned facilities nisms, eligible health care providers for to prevent, prepare for, and respond to
for the production of vaccines, therapeutics, health care related expenses or lost revenues coronavirus, domestically or internation-
and diagnostics where the Secretary deter- that are attributable to coronavirus: Pro- ally: Provided, That such amount is des-
mines that such a contract is necessary to vided, That these funds may not be used to ignated by the Congress as being for an
secure sufficient amounts of such supplies: reimburse expenses or losses that have been emergency requirement pursuant to section
Provided further, That such amount is des- reimbursed from other sources or that other 251(b)(2)(A)(i) of the Balanced Budget and
ignated by the Congress as being for an sources are obligated to reimburse: Provided Emergency Deficit Control Act of 1985.
emergency requirement pursuant to section
further, That recipients of payments under GENERAL PROVISIONS
251(b)(2)(A)(i) of the Balanced Budget and
this paragraph shall submit reports and EDUCATION STABILIZATION FUND
Emergency Deficit Control Act of 1985.
For an additional amount for the ‘‘Public maintain documentation as the Secretary SEC. 18001. (a) ALLOCATIONS.—From the
Health and Social Services Emergency determines are needed to ensure compliance amount made available under this heading in
Fund’’, $275,000,000, to remain available until with conditions that are imposed by this this Act to carry out the Education Sta-
September 30, 2022, to prevent, prepare for, paragraph for such payments, and such re- bilization Fund, the Secretary shall first al-
and respond to coronavirus, domestically or ports and documentation shall be in such locate—
internationally: Provided, That $90,000,000 of form, with such content, and in such time as (1) not more than 1/2 of 1 percent to the
the funds appropriated under this paragraph the Secretary may prescribe for such pur- outlying areas on the basis of their respec-
shall be transferred to ‘‘Health Resources pose: Provided further, That ‘‘eligible health tive needs, as determined by the Secretary,
and Services Administration—Ryan White care providers’’ means public entities, Medi- in consultation with the Secretary of the In-
HIV/AIDS Program’’ to remain available care or Medicaid enrolled suppliers and pro- terior;
until September 30, 2022 for modifications to viders, and such for-profit entities and not- (2) one-half of 1 percent for the Secretary
existing contracts, and supplements to exist- for-profit entities not otherwise described in of Interior, in consultation with the Sec-
ing grants and cooperative agreements under this proviso as the Secretary may specify, retary of Education, for programs operated
parts A, B, C, D, and section 2692(a) of title within the United States (including terri- or funded by the Bureau of Indian Education;
XXVI of the Public Health Service Act (re- tories), that provide diagnoses, testing, or and
ferred to as ‘‘PHS’’ Act) to respond to care for individuals with possible or actual (3) 1 percent for grants to States with the
coronavirus, domestically or internation- cases of COVID–19: Provided further, That the highest coronavirus burden to support ac-
ally: Provided further, That supplements Secretary of Health and Human Services tivities under this heading in this Act, for
made in the preceding proviso shall be shall, on a rolling basis, review applications which the Secretary shall issue a notice in-
awarded using a data-driven methodology de- and make payments under this paragraph in viting applications not later than 30 days of
termined by the Secretary: Provided further, this Act: Provided further, That funds appro- enactment of this Act and approve or deny
That sections 2604(c), 2612(b), and 2651(c) of priated under this paragraph in this Act applications not later than 30 days after re-
the PHS Act shall not apply to funds under shall be available for building or construc- ceipt.
this paragraph: Provided further, That tion of temporary structures, leasing of (b) RESERVATIONS.—After carrying out sub-
$5,000,000 of the funds appropriated under properties, medical supplies and equipment section (a), the Secretary shall reserve the
this paragraph shall be transferred to including personal protective equipment and remaining funds made available as follows:
‘‘Health Resources and Services Administra- testing supplies, increased workforce and (1) 9.8 percent to carry out section 18002 of
tion—Health Care Systems’’ to remain avail- trainings, emergency operation centers, ret- this title.
able until September 30, 2022, for activities rofitting facilities, and surge capacity: Pro- (2) 43.9 percent to carry out section 18003 of
under sections 1271 and 1273 of the PHS Act vided further, That, in this paragraph, the this title.
to improve the capacity of poison control term ‘‘payment’’ means a pre-payment, pro- (3) 46.3 percent to carry out section 18004 of
centers to respond to increased calls: Pro- spective payment, or retrospective payment, this title.
vided further, That $180,000,000 of the funds as determined appropriate by the Secretary: GOVERNOR’S EMERGENCY EDUCATION RELIEF
appropriated under this paragraph shall be Provided further, That payments under this FUND
transferred to ‘‘Health Resources and Serv- paragraph shall be made in consideration of
ices Administration—Rural Health’’ to re- SEC. 18002. (a) GRANTS.—From funds re-
the most efficient payment systems prac- served under section 18001(b)(1) of this title,
main available until September 30, 2022, to
ticable to provide emergency payment: Pro- the Secretary shall make Emergency Edu-
carry out telehealth and rural health activi-
vided further, That to be eligible for a pay- cation Relief grants to the Governor of each
ties under sections 330A and 330I of the PHS
ment under this paragraph, an eligible State with an approved application. The Sec-
Act and sections 711 and 1820 of the Social
health care provider shall submit to the Sec- retary shall issue a notice inviting applica-
Security Act to prevent, prepare for, and re-
retary of Health and Human Services an ap- tions not later than 30 days of enactment of
spond to coronavirus, domestically or inter-
plication that includes a statement justi- this Act and shall approve or deny applica-
nationally: Provided further, That of the
fying the need of the provider for the pay- tions not later than 30 days after receipt.
funding in the previous proviso, no less than
ment and the eligible health care provider (b) ALLOCATIONS.—The amount of each
$15,000,000 shall be allocated to tribes, tribal
organizations, urban Indian health organiza- shall have a valid tax identification number: grant under subsection (a) shall be allocated
tions, or health service providers to tribes: Provided further, That, not later than 3 years by the Secretary to each State as follows:
Provided further, That section 1820(g)(3)(A), after final payments are made under this (1) 60 percent on the basis of their relative
section 1820(g)(3)(D) and section 1820(g)(3)(E) paragraph, the Office of Inspector General of population of individuals aged 5 through 24.
of such Act shall not apply to funds in the the Department of Health and Human Serv- (2) 40 percent on the basis of their relative
preceding two provisos: Provided further, ices shall transmit a final report on audit number of children counted under section
That funds appropriated under this heading findings with respect to this program to the 1124(c) of the Elementary and Secondary
in this Act may be made available to restore Committees on Appropriations of the House Education Act of 1965 (referred to under this
amounts, either directly or through reim- of Representatives and the Senate: Provided heading as ‘‘ESEA’’).
bursement, for obligations incurred to pre- further, That nothing in this section limits (c) USES OF FUNDS.—Grant funds awarded
vent, prepare for, and respond to the authority of the Inspector General or the under subsection (b) may be used to—
coronavirus, domestically or internation- Comptroller General to conduct audits of in- (1) provide emergency support through
ally, prior to the date of enactment of this terim payments at an earlier date: Provided grants to local educational agencies that the
Act: Provided further, That for the purposes further, That not later than 60 days after the State educational agency deems have been
of any funding provided for fiscal year 2020 date of enactment of this Act, the Secretary most significantly impacted by coronavirus
for the Health Centers Program pursuant to of Health and Human Services shall provide to support the ability of such local edu-
section 330 of the PHS Act (42 U.S.C. 254b), a report to the Committees on Appropria- cational agencies to continue to provide edu-
maintaining or increasing health center ca- tions of the House of Representatives and cational services to their students and to
pacity and staffing levels during a public the Senate on obligation of funds, including support the on-going functionality of the
health emergency related to coronavirus obligations to such eligible health care pro- local educational agency;
shall be deemed a cost of prevention, diag- viders summarized by State of the payment (2) provide emergency support through
nosis, and treatment of coronavirus: Provided receipt: Provided further, That such reports grants to institutions of higher education
dlhill on DSKBBY8HB2PROD with SENATE
further, That such amount is designated by shall be updated and submitted to such Com- serving students within the State that the
the Congress as being for an emergency re- mittees every 60 days until funds are ex- Governor determines have been most signifi-
quirement pursuant to section 251(b)(2)(A)(i) pended: Provided further, That such amount cantly impacted by coronavirus to support
of the Balanced Budget and Emergency Def- is designated by the Congress as being for an the ability of such institutions to continue
icit Control Act of 1985. emergency requirement pursuant to section to provide educational services and support
For an additional amount for ‘‘Public 251(b)(2)(A)(i) of the Balanced Budget and the on-going functionality of the institution;
Health and Social Services Emergency Emergency Deficit Control Act of 1985. and
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2142 CONGRESSIONAL RECORD — SENATE March 25, 2020
(3) provide support to any other institution sanitation and minimizing the spread of in- priated to such programs in the Further Con-
of higher education, local educational agen- fectious diseases. solidated Appropriations Act, 2020 (Public
cy, or education related entity within the (7) Purchasing supplies to sanitize and Law 116–94) and which may be used to defray
State that the Governor deems essential for clean the facilities of a local educational expenses (including lost revenue, reimburse-
carrying out emergency educational services agency, including buildings operated by such ment for expenses already incurred, tech-
to students for authorized activities de- agency. nology costs associated with a transition to
scribed in section 18003(d)(1) of this title or (8) Planning for and coordinating during distance education, faculty and staff
the Higher Education Act, the provision of long-term closures, including for how to pro- trainings, payroll) incurred by institutions
child care and early childhood education, so- vide meals to eligible students, how to pro- of higher education and for grants to stu-
cial and emotional support, and the protec- vide technology for online learning to all dents for any component of the student’s
tion of education-related jobs. students, how to provide guidance for car- cost of attendance (as defined under section
(d) REALLOCATION.—Each Governor shall rying out requirements under the Individuals 472 of the Higher Education Act), including
return to the Secretary any funds received with Disabilities Education Act (20 U.S.C. food, housing, course materials, technology,
under this section that the Governor does 1401 et seq.) and how to ensure other edu- health care, and child care.
not award within one year of receiving such cational services can continue to be provided (3) 2.5 percent for part B of title VII of the
funds and the Secretary shall reallocate such consistent with all Federal, State, and local Higher Education Act for institutions of
funds to the remaining States in accordance requirements. higher education that the Secretary deter-
with subsection (b). (9) Purchasing educational technology (in- mines have the greatest unmet needs related
ELEMENTARY AND SECONDARY SCHOOL cluding hardware, software, and to coronavirus, which may be used to defray
EMERGENCY RELIEF FUND connectivity) for students who are served by expenses (including lost revenue, reimburse-
SEC. 18003. (a) GRANTS.—From funds re- the local educational agency that aids in ment for expenses already incurred, tech-
served under section 18001(b)(2) of this title, regular and substantive educational inter- nology costs associated with a transition to
the Secretary shall make elementary and action between students and their classroom distance education, faculty and staff
secondary school emergency relief grants to instructors, including low-income students trainings, payroll) incurred by institutions
each State educational agency with an ap- and students with disabilities, which may in- of higher education and for grants to stu-
proved application. The Secretary shall issue clude assistive technology or adaptive equip- dents for any component of the student’s
a notice inviting applications not later than ment. cost of attendance (as defined under section
30 days of enactment of this Act and approve (10) Providing mental health services and 472 of the Higher Education Act), including
or deny applications not later than 30 days supports. food, housing, course materials, technology,
after receipt. (11) Planning and implementing activities health care, and child care.
(b) ALLOCATIONS TO STATES.—The amount related to summer learning and supple- (b) DISTRIBUTION.—The funds made avail-
mental afterschool programs, including pro- able to each institution under subsection
of each grant under subsection (a) shall be
viding classroom instruction or online learn- (a)(1) shall be distributed by the Secretary
allocated by the Secretary to each State in
ing during the summer months and address- using the same systems as the Secretary
the same proportion as each State received
ing the needs of low-income students, stu- otherwise distributes funding to each insti-
under part A of title I of the ESEA of 1965 in
dents with disabilities, English learners, mi- tution under title IV of the Higher Edu-
the most recent fiscal year.
grant students, students experiencing home- cation Act of 1965 (20 U.S.C. 1001 et seq.).
(c) SUBGRANTS TO LOCAL EDUCATIONAL (c) USES OF FUNDS.—Except as otherwise
AGENCIES.—Each State shall allocate not lessness, and children in foster care.
(12) Other activities that are necessary to specified in subsection (a), an institution of
less than 90 percent of the grant funds higher education receiving funds under this
awarded to the State under this section as maintain the operation of and continuity of
services in local educational agencies and section may use the funds received to cover
subgrants to local educational agencies (in- any costs associated with significant
cluding charter schools that are local edu- continuing to employ existing staff of the
local educational agency. changes to the delivery of instruction due to
cational agencies) in the State in proportion the coronavirus, so long as such costs do not
to the amount of funds such local edu- (e) STATE FUNDING.—With funds not other-
wise allocated under subsection (c), a State include payment to contractors for the pro-
cational agencies and charter schools that vision of pre-enrollment recruitment activi-
are local educational agencies received under may reserve not more than 1/2 of 1 percent
for administrative costs and the remainder ties; endowments; or capital outlays associ-
part A of title I of the ESEA of 1965 in the ated with facilities related to athletics, sec-
most recent fiscal year. for emergency needs as determined by the
state educational agency to address issues tarian instruction, or religious worship. In-
(d) USES OF FUNDS.—A local educational stitutions of higher education shall use no
agency that receives funds under this title responding to coronavirus, which may be ad-
dressed through the use of grants or con- less than 50 percent of such funds to provide
may use the funds for any of the following: emergency financial aid grants to students
(1) Any activity authorized by the ESEA of tracts.
(f) REALLOCATION.—A State shall return to for expenses related to the disruption of
1965, including the Native Hawaiian Edu- campus operations due to coronavirus (in-
cation Act and the Alaska Native Edu- the Secretary any funds received under this
section that the State does not award within cluding eligible expenses under a student’s
cational Equity, Support, and Assistance Act cost of attendance, such as food, housing,
(20 U.S.C. 6301 et seq.), the Individuals with 1 year of receiving such funds and the Sec-
retary shall reallocate such funds to the re- course materials, technology, health care,
Disabilities Education Act (20 U.S.C. 1400 et and child care).
seq.) (‘‘IDEA’’), the Adult Education and maining States in accordance with sub-
(d) SPECIAL PROVISIONS.—(1) In awarding
Family Literacy Act (20 U.S.C. 1400 et seq.), section (b).
grants under section 18004(a)(3) of this title,
the Carl D. Perkins Career and Technical HIGHER EDUCATION EMERGENCY RELIEF FUND the Secretary shall give priority to any in-
Education Act of 2006 (20 U.S.C. 2301 et seq.) SEC. 18004. (a) IN GENERAL.—The Secretary stitution of higher education that is not oth-
(‘‘the Perkins Act’’), or subtitle B of title VII shall allocate funding under this section as erwise eligible for funding under paragraphs
of the McKinney-Vento Homeless Assistance follows: (1) and (2) of section 18004(a) of this title of
Act (42 U.S.C. 11431 et seq.). (1) 90 percent to each institution of higher at least $500,000 and demonstrates significant
(2) Coordination of preparedness and re- education to prevent, prepare for, and re- unmet needs related to expenses associated
sponse efforts of local educational agencies spond to coronavirus, by apportioning it— with coronavirus.
with State, local, Tribal, and territorial pub- (A) 75 percent according to the relative (2) A Historically Black College and Uni-
lic health departments, and other relevant share of full-time equivalent enrollment of versity or a Minority Serving Institution
agencies, to improve coordinated responses Federal Pell Grant recipients who are not ex- may use prior awards provided under titles
among such entities to prevent, prepare for, clusively enrolled in distance education III, V, and VII of the Higher Education Act
and respond to coronavirus. courses prior to the coronavirus emergency; to prevent, prepare for, and respond to
(3) Providing principals and others school and coronavirus.
leaders with the resources necessary to ad- (B) 25 percent according to the relative (e) REPORT.—An institution receiving
dress the needs of their individual schools. share of full-time equivalent enrollment of funds under this section shall submit a re-
(4) Activities to address the unique needs students who were not Federal Pell Grant re- port to the Secretary, at such time and in
of low-income children or students, children cipients who are not exclusively enrolled in such manner as the Secretary may require,
with disabilities, English learners, racial and distance education courses prior to the that describes the use of funds provided
ethnic minorities, students experiencing coronavirus emergency. under this section.
homelessness, and foster care youth, includ- (2) 7.5 percent for additional awards under ASSISTANCE TO NON-PUBLIC SCHOOLS
ing how outreach and service delivery will parts A and B of title III, parts A and B of SEC. 18005. (a) IN GENERAL.—A local edu-
dlhill on DSKBBY8HB2PROD with SENATE
meet the needs of each population. title V, and subpart 4 of part A of title VII cational agency receiving funds under sec-
(5) Developing and implementing proce- of the Higher Education Act to address needs tions 18002 or 18003 of this title shall provide
dures and systems to improve the prepared- directly related to coronavirus, that shall be equitable services in the same manner as
ness and response efforts of local educational in addition to awards made in section provided under section 1117 of the ESEA of
agencies. 18004(a)(1) of this title, and allocated by the 1965 to students and teachers in non-public
(6) Training and professional development Secretary proportionally to such programs schools, as determined in consultation with
for staff of the local educational agency on based on the relative share of funding appro- representatives of non-public schools.
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2143
(b) PUBLIC CONTROL OF FUNDS.—The con- fected schools, and assist in counseling and coronavirus, including for fiscal stabilization
trol of funds for the services and assistance distance learning and associated costs: Pro- grants to public telecommunications enti-
provided to a non-public school under sub- vided, That such amount is designated by the ties, as defined by 47 U.S.C. 397(12), with no
section (a), and title to materials, equip- Congress as being for an emergency require- deduction for administrative or other costs
ment, and property purchased with such ment pursuant to section 251(b)(2)(A)(i) of of the Corporation, to maintain program-
funds, shall be in a public agency, and a pub- the Balanced Budget and Emergency Deficit ming and services and preserve small and
lic agency shall administer such funds, mate- Control Act of 1985. rural stations threatened by declines in non-
rials, equipment, and property and shall pro- GALLAUDET UNIVERSITY Federal revenues: Provided, That such
vide such services (or may contract for the amount is designated by the Congress as
For an additional amount for ‘‘Gallaudet
provision of such services with a public or being for an emergency requirement pursu-
University’’, $7,000,000, to remain available
private entity). ant to section 251(b)(2)(A)(i) of the Balanced
through September 30, 2021, to prevent, pre-
CONTINUED PAYMENT TO EMPLOYEES Budget and Emergency Deficit Control Act
pare for, and respond to coronavirus, domes-
SEC. 18006. A local educational agency, of 1985.
tically or internationally, including to help
State, institution of higher education, or defray the expenses directly caused by INSTITUTE OF MUSEUM AND LIBRARY SERVICES
other entity that receives funds under ‘‘Edu- coronavirus and to enable grants to students OFFICE OF MUSEUM AND LIBRARY SERVICES:
cation Stabilization Fund’’, shall to the for expenses directly related to coronavirus GRANTS AND ADMINISTRATION
greatest extent practicable, continue to pay and the disruption of university operations: For an additional amount for ‘‘Institute of
its employees and contractors during the pe- Provided, That such amount is designated by Museum and Library Services’’, $50,000,000,
riod of any disruptions or closures related to the Congress as being for an emergency re- to remain available until September 30, 2021,
coronavirus. quirement pursuant to section 251(b)(2)(A)(i) to prevent, prepare for, and respond to
DEFINITIONS of the Balanced Budget and Emergency Def- coronavirus, including grants to States, ter-
SEC. 18007. Except as otherwise provided in icit Control Act of 1985. ritories and tribes to expand digital network
sections 18001–18006 of this title, as used in STUDENT AID ADMINISTRATION access, purchase internet accessible devices,
such sections— For an additional amount for ‘‘Student Aid and provide technical support services: Pro-
(1) the terms ‘‘elementary education’’ and Administration’’, $40,000,000, to remain avail- vided, That any matching funds require-
‘‘secondary education’’ have the meaning able through September 30, 2021, to prevent, ments for States, tribes, libraries, and muse-
given such terms under State law; prepare for, and respond to coronavirus, do- ums are waived for grants provided with
(2) the term ‘‘institution of higher edu- funds made available under this heading in
mestically or internationally, for carrying
cation’’ has the meaning given such term in this Act: Provided further, That such amount
out part D of title I, and subparts 1, 3, 9 and
title I of the Higher Education Act of 1965 (20 is designated by the Congress as being for an
10 of part A, and parts B, C, D, and E of title
U.S.C. 1001 et seq.); emergency requirement pursuant to section
IV of the HEA, and subpart 1 of part A of
(3) the term ‘‘Secretary’’ means the Sec- 251(b)(2)(A)(i) of the Balanced Budget and
title VII of the Public Health Service Act:
retary of Education; Emergency Deficit Control Act of 1985.
Provided, That such amount is designated by
(4) the term ‘‘State’’ means each of the 50 the Congress as being for an emergency re- RAILROAD RETIREMENT BOARD
States, the District of Columbia, and the quirement pursuant to section 251(b)(2)(A)(i) LIMITATION ON ADMINISTRATION
Commonwealth of Puerto Rico; of the Balanced Budget and Emergency Def- For an additional amount for the ‘‘Rail-
(5) the term ‘‘cost of attendance’’ has the icit Control Act of 1985. road Retirement Board’’, $5,000,000, to re-
meaning given such term in section 472 of
HOWARD UNIVERSITY main available until September 30, 2021, to
the Higher Education Act of 1965.
For an additional amount for ‘‘Howard prevent, prepare for, and respond to
(6) the term ‘‘Non-public school’’ means a
University’’, $13,000,000, to remain available coronavirus, including the purchase of infor-
non-public elementary and secondary school
through September 30, 2021, to prevent, pre- mation technology equipment to improve
that (A) is accredited, licensed, or otherwise
pare for, and respond to coronavirus, domes- the mobility of the workforce and provide for
operates in accordance with State law; and
tically or internationally, including to help additional hiring or overtime hours as need-
(B) was in existence prior to the date of the
defray the expenses directly caused by ed to administer the Railroad Unemploy-
qualifying emergency for which grants are
coronavirus and to enable grants to students ment Insurance Act: Provided, That such
awarded under this section;
for expenses directly related to coronavirus amount is designated by the Congress as
(7) the term ‘‘public school’’ means a pub-
and the disruption of university operations: being for an emergency requirement pursu-
lic elementary or secondary school; and
Provided, That such amount is designated by ant to section 251(b)(2)(A)(i) of the Balanced
(8) any other term used that is defined in
the Congress as being for an emergency re- Budget and Emergency Deficit Control Act
section 8101 of the Elementary and Sec-
quirement pursuant to section 251(b)(2)(A)(i) of 1985.
ondary Education Act of 1965 (20 U.S.C. 7801)
shall have the meaning given the term in of the Balanced Budget and Emergency Def- SOCIAL SECURITY ADMINISTRATION
such section. icit Control Act of 1985. LIMITATION ON ADMINISTRATIVE EXPENSES
MAINTENANCE OF EFFORT DEPARTMENTAL MANAGEMENT For an additional amount for ‘‘Limitation
SEC. 18008. (a) A State’s application for PROGRAM ADMINISTRATION on Administrative Expenses’’, $300,000,000, to
funds to carry out sections 18002 or 18003 of remain available through September 30, 2021
For an additional amount for ‘‘Program
this title shall include assurances that the to prevent, prepare for, and respond to
Administration’’, $8,000,000, to remain avail-
State will maintain support for elementary coronavirus, domestically or internation-
able through September 30, 2021 to prevent,
and secondary education, and State support ally, including paying the salaries and bene-
prepare for, and respond to coronavirus, do-
for higher education (which shall include fits of all employees affected as a result of
mestically or internationally: Provided, That
State funding to institutions of higher edu- office closures, telework, phone and commu-
such amount is designated by the Congress
cation and state need-based financial aid, nication services for employees, overtime
as being for an emergency requirement pur-
and shall not include support for capital costs, and supplies, and for resources nec-
suant to section 251(b)(2)(A)(i) of the Bal-
projects or for research and development or essary for processing disability and retire-
anced Budget and Emergency Deficit Control
tuition and fees paid by students) in fiscal ment workloads and backlogs: Provided, That
Act of 1985.
years 2020 and 2021 at least at the levels of such amount is designated by the Congress
OFFICE OF THE INSPECTOR GENERAL as being for an emergency requirement pur-
such support that is the average of such
State’s support for elementary and sec- For an additional amount for ‘‘Office of the suant to section 251(b)(2)(A)(i) of the Bal-
ondary education and for higher education Inspector General’’, $7,000,000, to remain anced Budget and Emergency Deficit Control
provided in the 3 fiscal years preceding the available through September 30, 2022, to pre- Act of 1985.
date of enactment of this Act. vent, prepare for, and respond to GENERAL PROVISIONS—THIS TITLE
(b) The secretary may waive the require- coronavirus, domestically or internation- (INCLUDING TRANSFER OF FUNDS)
ment in subsection (a) for the purpose of re- ally, including for salaries and expenses nec-
SEC. 18108. Funds appropriated by this title
lieving fiscal burdens on States that have ex- essary for oversight and audit of programs,
may be used by the Secretary of the Depart-
perienced a precipitous decline in financial grants, and projects funded in this Act to re-
ment of Health and Human Services to ap-
resources. spond to coronavirus: Provided, That such
point, without regard to the provisions of
SAFE SCHOOLS AND CITIZENSHIP EDUCATION amount is designated by the Congress as
sections 3309 through 3319 of title 5 of the
being for an emergency requirement pursu-
For an additional amount for ‘‘Safe United States Code, candidates needed for
ant to section 251(b)(2)(A)(i) of the Balanced
Schools and Citizenship Education’’, positions to perform critical work relating
dlhill on DSKBBY8HB2PROD with SENATE
Budget and Emergency Deficit Control Act
$100,000,000, to remain available through Sep- to coronavirus for which—
of 1985.
tember 30, 2021, to prevent, prepare for, and (1) public notice has been given; and
respond to coronavirus, domestically or CORPORATION FOR PUBLIC BROADCASTING (2) the Secretary of Health and Human
internationally, to supplement funds other- For an additional amount for ‘‘Corporation Services has determined that such a public
wise available for ‘‘Project SERV’’, includ- for Public Broadcasting’’, $75,000,000, to re- health threat exists.
ing to help elementary, secondary and post- main available through September 30, 2021, SEC. 18109. Funds made available by this
secondary schools clean and disinfect af- to prevent, prepare for, and respond to title may be used to enter into contracts
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2144 CONGRESSIONAL RECORD — SENATE March 25, 2020
with individuals for the provision of personal Committees on Appropriations of the House (b) LABORATORIES COVERED.—The Sec-
services (as described in section 104 of part 37 of Representatives and the Senate shall be retary may prescribe which laboratories
of title 48, Code of Federal Regulations (48 notified 10 days in advance of any such must submit reports pursuant to this sec-
CFR 37.104)) to support the prevention of, transfer: Provided further, That, upon a deter- tion.
preparation for, or response to coronavirus, mination that all or part of the funds trans- (c) IMPLEMENTATION.—The Secretary may
domestically and internationally, subject to ferred from an appropriation by this title are make prescriptions under this section by
prior notification to the Committees on Ap- not necessary, such amounts may be trans- regulation, including by interim final rule,
propriations of the House of Representatives ferred back to that appropriation: Provided or by guidance, and may issue such regula-
and the Senate: Provided, That such individ- further, That none of the funds made avail- tions or guidance without regard to the pro-
uals may not be deemed employees of the able by this title may be transferred pursu- cedures otherwise required by section 553 of
United States for the purpose of any law ad- ant to the authority in section 205 of division title 5, United States Code.
ministered by the Office of Personnel Man- A of Public Law 116–94 or section 241(a) of the (d) REPEALER.—Section 1702 of division A
agement: Provided further, That the author- PHS Act. of the Families First Coronavirus Response
ity made available pursuant to this section SEC. 18112. Not later than 30 days after the Act is repealed.
shall expire on September 30, 2024. date of enactment of this Act, the Secretary
TITLE IX
SEC. 18110. (a) If services performed by an of Health and Human Services shall provide
employee during fiscal year 2020 are deter- a detailed spend plan of anticipated uses of LEGISLATIVE BRANCH
mined by the head of the agency to be pri- funds made available to the Department of SENATE
marily related to preparation, prevention, or Health and Human Services in this Act, in- CONTINGENT EXPENSES OF THE SENATE
response to coronavirus, any premium pay cluding estimated personnel and administra-
SERGEANT AT ARMS AND DOORKEEPER OF THE
for such services shall be disregarded in cal- tive costs, to the Committees on Appropria-
SENATE
culating the aggregate of such employee’s tions of the House of Representatives and
basic pay and premium pay for purposes of a the Senate: Provided, That such plans shall For an additional amount for ‘‘Sergeant at
limitation under section 5547(a) of title 5, be updated and submitted to such Commit- Arms and Doorkeeper of the Senate’’,
United States Code, or under any other pro- tees every 60 days until September 30, 2024: $1,000,000, to remain available until ex-
vision of law, whether such employee’s pay is Provided further, That the spend plans shall pended, to prevent, prepare for, and respond
paid on a biweekly or calendar year basis. be accompanied by a listing of each contract to coronavirus, domestically or internation-
(b) Any overtime pay for such services obligation incurred that exceeds $5,000,000 ally: Provided, That such amount is des-
shall be disregarded in calculating any an- which has not previously been reported, in- ignated by the Congress as being for an
nual limit on the amount of overtime pay cluding the amount of each such obligation. emergency requirement pursuant to section
payable in a calendar or fiscal year. SEC. 18113. Of the funds appropriated by 251(b)(2)(A)(i) of the Balanced Budget and
(c) With regard to such services, any pay this title under the heading ‘‘Public Health Emergency Deficit Control Act of 1985.
that is disregarded under either subsection and Social Services Emergency Fund’’, up to MISCELLANEOUS ITEMS
(a) or (b) shall be disregarded in calculating $4,000,000 shall be transferred to, and merged For an additional amount for ‘‘Miscella-
such employee’s aggregate pay for purposes with, funds made available under the head- neous Items’’, $9,000,000, to remain available
of the limitation in section 5307 of such title ing ‘‘Office of the Secretary, Office of Inspec- until expended, to prevent, prepare for, and
5. tor General’’, and shall remain available respond to coronavirus, domestically or
(d)(1) Pay that is disregarded under sub- until expended, for oversight of activities internationally, subject to approval by the
section (a) or (b) shall not cause the aggre- supported with funds appropriated to the De- Committee on Appropriations of the Senate
gate of the employee’s basic pay and pre- partment of Health and Human Services to and the Senate Committee on Rules and Ad-
mium pay for the applicable calendar year to prevent, prepare for, and respond to ministration: Provided, That such amount is
exceed the rate of basic pay payable for a po- coronavirus, domestically or internation- designated by the Congress as being for an
sition at level II of the Executive Schedule ally: Provided, That the Inspector General of emergency requirement pursuant to section
under section 5313 of title 5, United States the Department of Health and Human Serv- 251(b)(2)(A)(i) of the Balanced Budget and
Code, as in effect at the end of such calendar ices shall consult with the Committees on Emergency Deficit Control Act of 1985.
year. Appropriations of the House of Representa-
(2) For purposes of applying this subsection tives and the Senate prior to obligating such HOUSE OF REPRESENTATIVES
to an employee who would otherwise be sub- funds: Provided further, That the transfer au- SALARIES AND EXPENSES
ject to the premium pay limits established thority provided by this section is in addi- For an additional amount for ‘‘Salaries
under section 5547 of title 5, United States tion to any other transfer authority provided and Expenses’’, $25,000,000, to remain avail-
Code, ‘‘premium pay’’ means the premium by law. able until September 30, 2021, except that
pay paid under the provisions of law cited in SEC. 18114. (a) Funds appropriated in title $5,000,000 shall remain available until ex-
section 5547(a). III of the Coronavirus Preparedness and Re- pended, to prevent, prepare for, and respond
(3) For purposes of applying this subsection sponse Supplemental Appropriations Act, to coronavirus, domestically or internation-
to an employee under a premium pay limit 2020 (Public Law 116–123) shall be paid to the ally, to be allocated in accordance with a
established under an authority other than ‘‘Department of Homeland Security—Coun- spend plan submitted to the Committee on
section 5547 of title 5, United States Code, tering Weapons of Mass Destruction Office— Appropriations of the House of Representa-
the agency responsible for administering Federal Assistance’’account for costs in- tives by the Chief Administrative Officer and
such limit shall determine what payments curred, including to reimburse costs incurred approved by such Committee: Provided, That
are considered premium pay. prior to the enactment of this Act, under such amount is designated by the Congress
(e) This section shall take effect as if en- other transaction authority and related to as being for an emergency requirement pur-
acted on February 2, 2020. screening for coronavirus, domestically or suant to section 251(b)(2)(A)(i) of the Bal-
(f) If application of this section results in internationally. anced Budget and Emergency Deficit Control
the payment of additional premium pay to a (b) The term coronavirus has the meaning Act of 1985.
covered employee of a type that is normally given the term in section 506 of the
creditable as basic pay for retirement or any JOINT ITEMS
Coronavirus Preparedness and Response Sup-
other purpose, that additional pay shall plemental Appropriations Act, 2020. OFFICE OF THE ATTENDING PHYSICIAN
not— (c) The amounts repurposed in this section For an additional amount for ‘‘Office of the
(1) be considered to be basic pay of the cov- that were previously designated by the Con- Attending Physician’’, $400,000, to remain
ered employee for any purpose; or gress as an emergency requirement pursuant available until expended, to prevent, prepare
(2) be used in computing a lump-sum pay- to the Balanced Budget and Emergency Def- for, and respond to coronavirus, domestically
ment to the covered employee for accumu- icit Control Act of 1985 are designated by the or internationally: Provided, That such
lated and accrued annual leave under section Congress as an emergency requirement pur- amount is designated by the Congress as
5551 or section 5552 of title 5, United States suant to section 251(b)(2)(A)(i) of the Bal- being for an emergency requirement pursu-
Code. anced Budget and Emergency Deficit Control ant to section 251(b)(2)(A)(i) of the Balanced
SEC. 18111. Funds appropriated by this title Act of 1985. Budget and Emergency Deficit Control Act
to the heading ‘‘Department of Health and SEC. 18115. (a) IN GENERAL.—Every labora- of 1985.
Human Services’’ may be transferred to, and tory that performs or analyzes a test that is
CAPITOL POLICE
merged with, other appropriation accounts intended to detect SARS–CoV–2 or to diag-
under the headings ‘‘Centers for Disease Con- nose a possible case of COVID–19 shall report SALARIES
trol and Prevention’’, ‘‘Public Health and the results from each such test, to the Sec- For an additional amount for ‘‘Salaries’’,
dlhill on DSKBBY8HB2PROD with SENATE
Social Services Emergency Fund’’, ‘‘Admin- retary of Health and Human Services in such $12,000,000, to remain available until Sep-
istration for Children and Families’’, ‘‘Ad- form and manner, and at such timing and tember 30, 2021, to prevent, prepare for, and
ministration for Community Living’’, and frequency, as the Secretary may prescribe respond to coronavirus, domestically or
‘‘National Institutes of Health’’ to prevent, until the end of the Secretary’s Public internationally: Provided, That the Capitol
prepare for, and respond to coronavirus fol- Health Emergency declaration with respect Police may transfer amounts appropriated
lowing consultation with the Office of Man- to COVID–19 or any extension of such dec- under this heading in this Act to ‘‘General
agement and Budget: Provided, That the laration. Expenses’’ without the approval requirement
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2145
of 2 U.S.C. 1907(a): Provided further, That GENERAL PROVISIONS—THIS TITLE AUTHORIZING PAYMENTS UNDER SERVICE CON-
such amount is designated by the Congress SOURCE OF FUNDS USED FOR PAYMENT OF SALA- TRACTS DURING THE CORONAVIRUS EMER-
as being for an emergency requirement pur- RIES AND EXPENSES OF SENATE EMPLOYEE GENCY
suant to section 251(b)(2)(A)(i) of the Bal- CHILD CARE CENTER SEC. 19005. (a) AUTHORIZING PAYMENTS.—
anced Budget and Emergency Deficit Control Notwithstanding section 3324(a) of title 31,
SEC. 19001. The Secretary of the Senate
Act of 1985. United States Code, or any other provision of
shall reimburse the Senate Employee Child
ARCHITECT OF THE CAPITOL Care Center for personnel costs incurred law and subject to subsection (b), if the em-
ployees of a contractor with a service con-
CAPITAL CONSTRUCTION AND OPERATIONS starting on April 1, 2020, for employees of
tract with the Architect of the Capitol are
such Center who have been ordered to cease
For an additional amount for ‘‘Capital furloughed or otherwise unable to work dur-
working due to measures taken in the Cap-
Construction and Operations’’, $25,000,000, to ing closures, stop work orders, or reductions
itol complex to combat coronavirus, not to
remain available until September 30, 2021, to in service arising from or related to the im-
exceed $84,000 per month, from amounts in
prevent, prepare for, and respond to pacts of coronavirus, the Architect of the
the appropriations account ‘‘Miscellaneous
coronavirus, domestically or internation- Capitol may continue to make the payments
Items’’ within the contingent fund of the
ally, including to purchase and distribute provided for under the contract for the week-
Senate.
cleaning and sanitation products throughout ly salaries and benefits of such employees for
SOURCE OF FUNDS USED FOR PAYMENT OF SALA- not more than 16 weeks.
all facilities and grounds under the care of RIES AND EXPENSES OF HOUSE OF REPRESENT- (b) AVAILABILITY OF APPROPRIATIONS.—The
the Architect of the Capitol, wherever lo- ATIVES CHILD CARE CENTER authority of the Architect of the Capitol to
cated, and any related services and oper-
SEC. 19002. (a) AUTHORIZING USE OF REVOLV- make payments under the authority of sub-
ational costs: Provided, That the Architect of
ING FUND OR APPROPRIATED FUNDS.—Section section (a) is subject to the availability of
the Capitol shall provide a report within 30
312(d)(3)(A) of the Legislative Branch Appro- appropriations to make such payments.
days enactment of this Act, and every 30 (c) REGULATIONS.—The Architect of the
days thereafter, to the Committees on Ap- priations Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is
amended— Capitol shall promulgate such regulations as
propriations of the Senate and House of Rep- may be necessary to carry out this section.
resentatives, the Senate Committee on Rules (1) in subparagraph (A), by striking the pe-
and Administration, and the Committee on riod at the end and inserting the following: MASS MAILINGS AS FRANKED MAIL
House Administration on expenditure of ‘‘, and, at the option of the Chief Adminis- SEC. 19006. (a) WAIVER.—Section
funds from amounts appropriated under this trative Officer during an emergency situa- 3210(a)(6)(D) of title 39, United States Code,
heading in this Act: Provided further, That tion, the payment of the salary of other em- is amended by striking the period at the end
this amount shall be in addition to any other ployees of the Center.’’; and of the first sentence and inserting the fol-
funds available for such purposes in appro- (2) by adding at the end the following new lowing: ‘‘, and in the case of the Commission,
priations Acts for the legislative branch: subparagraph: to waive this paragraph in the case of mail-
Provided further, That such amount is des- ‘‘(C) During an emergency situation, the ings sent in response to or to address threats
ignated by the Congress as being for an payment of such other expenses for activities to life safety.’’.
emergency requirement pursuant to section carried out under this section as the Chief (b) EFFECTIVE DATE.—The amendments
251(b)(2)(A)(i) of the Balanced Budget and Administrative Officer determines appro- made by this subsection shall apply with re-
Emergency Deficit Control Act of 1985. priate.’’. spect to mailings sent on or after the date of
(b) EFFECTIVE DATE.—The amendment the enactment of this Act.
LIBRARY OF CONGRESS made by subsection (a) shall apply with re- TECHNICAL CORRECTION
SALARIES AND EXPENSES spect to fiscal year 2020 and each succeeding SEC. 19007. In the matter preceding the
fiscal year. first proviso under the heading ‘‘Library of
For an additional amount for ‘‘Salaries
PAYMENTS TO ENSURE CONTINUING AVAIL- Congress—Salaries and Expenses’’ in division
and Expenses’’, $700,000, to remain available
ABILITY OF GOODS AND SERVICES DURING THE E of the Further Consolidated Appropria-
until September 30, 2020, to prevent, prepare
CORONAVIRUS EMERGENCY tions Act, 2020 (Public Law 116–94), strike ‘‘
for, and respond to coronavirus, domestically
SEC. 19003. (a) AUTHORIZATION TO MAKE $504,164,000’’ and insert ‘‘ $510,164,000’’.
or internationally, to be made available to
the Little Scholars Child Development Cen- PAYMENTS.—Notwithstanding any other pro- CONFORMING AMENDMENT
ter, subject to approval by the Committees vision of law and subject to subsection (b), SEC. 19008. Section 110(a)(1)(A) of the Fam-
on Appropriations of the Senate and House during an emergency situation, the Chief Ad- ily and Medical Leave Act of 1993 (as added
of Representatives, the Senate Committee ministrative Officer of the House of Rep- by section 3102 of the Families First
on Rules and Administration, and the Com- resentatives may make payments under con- Coronavirus Response Act (Public Law 116–
mittee on House Administration: Provided, tracts with vendors providing goods and 127)) is amended—
That such amount is designated by the Con- services to the House in amounts and under (1) by inserting before ‘‘In lieu of’’ the fol-
gress as being for an emergency requirement terms and conditions other than those pro- lowing:
pursuant to section 251(b)(2)(A)(i) of the Bal- vided under the contract in order to ensure ‘‘(i) IN GENERAL.—’’; and
anced Budget and Emergency Deficit Control that those goods and services remain avail- (2) by adding at the end the following:
Act of 1985. able to the House throughout the duration of ‘‘(ii) SPECIAL RULE.—For purposes of apply-
the emergency. ing section 102(a)(1)(F) and this section under
GOVERNMENT ACCOUNTABILITY OFFICE (b) CONDITIONS.— the Congressional Accountability Act of 1995,
SALARIES AND EXPENSES (1) APPROVAL REQUIRED.—The Chief Admin- in lieu of the definition in section 202(a)(2)(B)
istrative Officer may not make payments of that Act (2 U.S.C. 1312(a)(2)(B)), the term
For an additional amount for ‘‘Salaries ‘eligible employee’ means a covered em-
under the authority of subsection (a) with-
and Expenses’’, $20,000,000, to remain avail- ployee (as defined in section 101 of that Act
out the approval of the Committee on House
able until expended, to prevent, prepare for, (2 U.S.C. 1301)) who has been employed for at
Administration of the House of Representa-
and respond to coronavirus, domestically or least 30 calendar days by the employing of-
tives.
internationally, for audits and investiga- fice (as so defined) with respect to whom
(2) AVAILABILITY OF APPROPRIATIONS.—The
tions and for reimbursement of the Tiny leave is requested under section
authority of the Chief Administrative Officer
Findings Child Development Center for sala- 102(a)(1)(F).’’.
to make payments under the authority of
ries for employees, as authorized by this Act:
subsection (a) is subject to the availability SOURCE OF FUNDS USED FOR PAYMENT OF SALA-
Provided, That not later than 90 days after
of appropriations to make such payments. RIES AND EXPENSES OF TINY FINDINGS CHILD
the date of enactment of this Act, the Gov-
(c) APPLICABILITY.—This section shall DEVELOPMENT CENTER
ernment Accountability Office shall submit
apply with respect to fiscal year 2020 and SEC. 19009. The Government Accountability
to the Committees on Appropriations of the
each succeeding fiscal year. Office may reimburse the Tiny Findings
House of Representatives and the Senate a
spend plan specifying funding estimates and SOURCE OF FUNDS USED FOR PAYMENT OF SALA- Child Development Center for salaries for
a timeline for such audits and investiga- RIES AND EXPENSES OF LITTLE SCHOLARS employees incurred from April 1, 2020, to
tions: Provided further, That $600,000 shall be CHILD DEVELOPMENT CENTER September 30, 2020, for employees of such
made available to the Tiny Findings Child SEC. 19004. The Library of Congress shall Center who have been ordered to cease work-
Development Center, subject to approval by reimburse Little Scholars Child Develop- ing due to measures taken in the Capitol
the Committees on Appropriations of the ment Center for salaries for employees in- complex to combat coronavirus, not to ex-
Senate and House of Representatives, the curred from April 1, 2020, to September 30, ceed $100,000 per month, from amounts in the
dlhill on DSKBBY8HB2PROD with SENATE
Senate Committee on Rules and Administra- 2020, for employees of such Center who have appropriations account ‘‘Government Ac-
tion, and the Committee on House Adminis- been ordered to cease working due to meas- countability Office—Salaries and Expenses’’.
tration: Provided further, That such amount ures taken in the Capitol complex to combat OVERSIGHT AND AUDIT AUTHORITY
is designated by the Congress as being for an coronavirus, not to exceed $113,000 per SEC. 19010. (a) DEFINITIONS.—In this sec-
emergency requirement pursuant to section month, from amounts in the appropriations tion—
251(b)(2)(A)(i) of the Balanced Budget and account ‘‘Library of Congress—Salaries and (1) the term ‘‘appropriate congressional
Emergency Deficit Control Act of 1985. Expenses’’. committees’’ means—
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2146 CONGRESSIONAL RECORD — SENATE March 25, 2020
(A) the Committee on Appropriations of recipients, or subrecipients pertaining to any in section 115(e)(15), such adjustment shall
the Senate; Federal effort or assistance of any type re- not affect the ability to commence actions
(B) the Committee on Homeland Security lated to the Coronavirus 2019 pandemic under for any claim of infringement of exclusive
and Governmental Affairs of the Senate; this or any other Act, including private enti- rights provided by paragraphs (1) and (3) of
(C) the Committee on Health, Education, ties receiving such assistance. section 106 against a digital music provider
Labor, and Pensions of the Senate; (4) INSPECTION OF FACILITIES.—As deter- arising from the unauthorized reproduction
(D) the Committee on Appropriations of mined necessary by the Comptroller General, or distribution of a musical work by such
the House of Representatives; the Government Accountability Office may digital music provider in the course of en-
(E) the Committee on Homeland Security inspect facilities at which Federal, State, or gaging in covered activities that accrued
of the House of Representatives; local officials, contractor staff, grantee staff, after January 1, 2018, provided that such ac-
(F) the Committee on Oversight and Re- or recipients or subrecipients carry out their tion is commenced within the time periods
form of the House of Representatives; and responsibilities related to the Coronavirus prescribed under section 115(d)(10)(C)(i) or
(G) the Committee on Energy and Com- 2019 pandemic. 115(d)(10)(C)(ii) as calculated from the ad-
merce of the House of Representatives; and (5) ENFORCEMENT.—Access rights under justed license availability date. If the Reg-
(2) the term ‘‘Comptroller General’’ means this subsection shall be subject to enforce- ister adjusts the license availability date,
the Comptroller General of the United ment consistent with section 716 of title 31, the Register must provide the statement to
States. United States Code. Congress under subsection (c) at the same
(b) AUTHORITY.—The Comptroller General (e) RELATIONSHIP TO EXISTING AUTHORITY.— time as the public notice of such adjustment
shall conduct monitoring and oversight of Nothing in this section shall be construed to with a detailed explanation of why such ad-
the exercise of authorities, or the receipt, limit, amend, supersede, or restrict in any justment is needed.
disbursement, and use of funds made avail- manner any existing authority of the Comp- ‘‘(e) COPYRIGHT TERM EXCEPTION.—The au-
able, under this Act or any other Act to pre- troller General. thority of the Register to act under sub-
pare for, respond to, and recover from the NATIONAL EMERGENCY RELIEF AUTHORITY FOR section (a) does not extend to provisions
Coronavirus 2019 pandemic and the effect of THE REGISTER OF COPYRIGHTS under chapter 3, except section 304(c), or sec-
the pandemic on the health, economy, and tion 1401(a)(2).
SEC. 19011. (a) AMENDMENT.—Chapter 7 of
public and private institutions of the United ‘‘(f) OTHER LAWS.—Notwithstanding sec-
title 17, United States Code, is amended by
States, including public health and home- tion 301 of the National Emergencies Act (50
adding at the end the following:
land security efforts by the Federal Govern- U.S.C. 1631), the authority of the Register
ment and the use of selected funds under this ‘‘§ 710. Emergency relief authority
under subsection (a) is not contingent on a
or any other Act related to the Coronavirus ‘‘(a) EMERGENCY ACTION.—If, on or before specification made by the President under
2019 pandemic and a comprehensive audit December 31, 2021, the Register of Copyrights such section or any other requirement under
and review of charges made to Federal con- determines that a national emergency de- that Act (other than the emergency declara-
tracts pursuant to authorities provided in clared by the President under the National tion under section 201(a) of such Act (50
the Coronavirus Aid, Relief, and Economic Emergencies Act (50 U.S.C. 1601 et seq.) gen- U.S.C. 1621(a))). The authority described in
Security Act. erally disrupts or suspends the ordinary this section supersedes the authority of title
(c) BRIEFINGS AND REPORTS.—In conducting functioning of the copyright system under II of the National Emergencies Act (50 U.S.C.
monitoring and oversight under subsection this title, or any component thereof, includ- 1621 et seq.).’’.
(b), the Comptroller General shall— ing on a regional basis, the Register may, on (b) TECHNICAL AND CONFORMING AMEND-
(1) during the period beginning on the date a temporary basis, toll, waive, adjust, or MENT.—The table of sections for chapter 7 of
of enactment of this Act and ending on the modify any timing provision (including any title 17, United States Code, is amended by
date on which the national emergency de- deadline or effective period, except as pro- adding at the end the following:
clared by the President under the National vided in subsection (c)) or procedural provi- ‘‘710. Emergency relief authority.’’.
Emergencies Act (50 U.S.C. 1601 et seq.) with sion contained in this title or chapters II or (c) EMERGENCY REQUIREMENT.—The amount
respect to the Coronavirus Disease 2019 III of title 37, Code of Federal Regulations, provided by this section is designated by the
(COVID–19) expires, offer regular briefings on for no longer than the Register reasonably Congress as being for an emergency require-
not less frequently than a monthly basis to determines to be appropriate to mitigate the ment pursuant to section 251(b)(2)(A)(i) of
the appropriate congressional committees impact of the disruption caused by the na- the Balanced Budget and Emergency Deficit
regarding Federal public health and home- tional emergency. In taking such action, the Control Act of 1985.
land security efforts; Register shall consider the scope and sever- TITLE X
(2) publish reports regarding the ongoing ity of the particular national emergency,
monitoring and oversight efforts, which, DEPARTMENT OF VETERANS AFFAIRS
and its specific effect with respect to the
along with any audits and investigations particular provision, and shall tailor any VETERANS BENEFITS ADMINISTRATION
conducted by the Comptroller General, shall remedy accordingly. GENERAL OPERATING EXPENSES, VETERANS
be submitted to the appropriate congres- ‘‘(b) NOTICE AND EFFECT.—Any action BENEFITS ADMINISTRATION
sional committees and posted on the website taken by the Register in response to a na- For an additional amount for ‘‘General Op-
of the Government Accountability Office— tional emergency pursuant to subsection (a) erating Expenses, Veterans Benefits Admin-
(A) not later than 90 days after the date of shall not be subject to section 701(e) or sub- istration’’, $13,000,000, to remain available
enactment of this Act, and every other chapter II of chapter 5 of title 5, United until September 30, 2021, to prevent, prepare
month thereafter until the date that is 1 States Code, and chapter 7 of title 5, United for, and respond to coronavirus, domestically
year after the date of enactment of this Act; States Code. The provision of general public or internationally: Provided, That such
and notice detailing the action being taken by amount is designated by the Congress as
(B) after the period described in subpara- the Register in response to the national being for an emergency requirement pursu-
graph (A), on a periodic basis; and emergency under subsection (a) is sufficient ant to section 251(b)(2)(A)(i) of the Balanced
(3) submit to the appropriate congressional to effectuate such action. The Register may Budget and Emergency Deficit Control Act
committees additional reports as warranted make such action effective both prospec- of 1985.
by the findings of the monitoring and over- tively and retroactively in relation to a par- VETERANS HEALTH ADMINISTRATION
sight activities of the Comptroller General. ticular provision as the Register determines MEDICAL SERVICES
(d) ACCESS TO INFORMATION.— to be appropriate based on the timing, scope,
(1) RIGHT OF ACCESS.—In conducting moni- For an additional amount for ‘‘Medical
and nature of the public emergency, but any
toring and oversight activities under this Services’’, $14,432,000,000, to remain available
action by the Register may only be retro-
section, the Comptroller General shall have until September 30, 2021, to prevent, prepare
active with respect to a deadline that has
access to records, upon request, of any Fed- for, and respond to coronavirus, domestically
not already passed before the declaration de-
eral, State, or local agency, contractor, or internationally, including related impacts
scribed in subsection (a).
grantee, recipient, or subrecipient pertaining ‘‘(c) STATEMENT REQUIRED.—Except as pro- on health care delivery, and for support to
to any Federal effort or assistance of any vided in subsection (d), not later than 20 veterans who are homeless or at risk of be-
type related to the Coronavirus 2019 pan- days after taking any action that results in coming homeless: Provided, That such
demic under this Act or any other Act, in- a provision being modified for a cumulative amount is designated by the Congress as
cluding private entities receiving such as- total of longer than 120 days, the Register being for an emergency requirement pursu-
sistance. shall submit to Congress a statement detail- ant to section 251(b)(2)(A)(i) of the Balanced
(2) COPIES.—The Comptroller General may ing the action taken, the relevant back- Budget and Emergency Deficit Control Act
make and retain copies of any records ground, and rationale for the action. of 1985.
dlhill on DSKBBY8HB2PROD with SENATE
accessed under paragraph (1) as the Comp- ‘‘(d) EXCEPTIONS.—The authority of the MEDICAL COMMUNITY CARE
troller General determines appropriate. Register to act under subsection (a) does not For an additional amount for ‘‘Medical
(3) INTERVIEWS.—In addition to such other extend provisions under this title requiring Community Care’’, $2,100,000,000, to remain
authorities as are available, the Comptroller the commencement of an action or pro- available until September 30, 2021, to pre-
General or a designee of the Comptroller ceeding in Federal court within a specified vent, prepare for, and respond to
General may interview Federal, State, or period of time, except that if the Register coronavirus, domestically or internation-
local officials, contractor staff, grantee staff, adjusts the license availability date defined ally, including related impacts on health
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2147
care delivery: Provided, That such amount is September 30, 2021, to prevent, prepare for, retary of Veterans Affairs may enter into
designated by the Congress as being for an and respond to coronavirus, domestically or short-term agreements or contracts with
emergency requirement pursuant to section internationally, including to modify or alter telecommunications companies to provide
251(b)(2)(A)(i) of the Balanced Budget and existing hospital, nursing home, and domi- temporary, complimentary or subsidized,
Emergency Deficit Control Act of 1985. ciliary facilities in State homes: Provided, fixed and mobile broadband services for the
MEDICAL SUPPORT AND COMPLIANCE
That such amount is designated by the Con- purposes of providing expanded mental
gress as being for an emergency requirement health services to isolated veterans through
For an additional amount for ‘‘Medical pursuant to section 251(b)(2)(A)(i) of the Bal- telehealth or VA Video Connect during a
Support and Compliance’’, $100,000,000, to re- anced Budget and Emergency Deficit Control public health emergency.
main available until September 30, 2021, to Act of 1985. (b) ELIGIBILITY.—
prevent, prepare for, and respond to RELATED AGENCIES (1) IN GENERAL.—The Secretary may ex-
coronavirus, domestically or internation-
ARMED FORCES RETIREMENT HOME TRUST pand eligibility for services described in sub-
ally, including related impacts on health
FUND section (a) from the Department of Veterans
care delivery: Provided, That such amount is
For an additional amount for the ‘‘Armed Affairs to include veterans already receiving
designated by the Congress as being for an
Forces Retirement Home Trust Fund’’, care from the Department who may not be
emergency requirement pursuant to section
$2,800,000, to remain available until Sep- eligible for mental health services or other
251(b)(2)(A)(i) of the Balanced Budget and
tember 30, 2021, to prevent, prepare for, and health care services delivered through tele-
Emergency Deficit Control Act of 1985.
respond to coronavirus, to be paid from funds health or VA Video Connect.
MEDICAL FACILITIES available in the Armed Forces Retirement (2) PRIORITY.—For purposes of expanding
For an additional amount for ‘‘Medical Fa- Home Trust Fund: Provided, That of the eligibility under paragraph (1), the Secretary
cilities’’, $606,000,000, to remain available amounts made available under this heading shall prioritize—
until September 30, 2021, to prevent, prepare from funds available in the Armed Forces (A) veterans who are in unserved and un-
for, and respond to coronavirus, domestically Retirement Home Trust Fund, $2,800,000 shall derserved areas;
or internationally, including related impacts be paid from the general fund of the Treas- (B) veterans who reside in rural and highly
on health care delivery: Provided, That such ury to the Trust Fund: Provided further, That rural areas, as defined in the Rural-Urban
amount is designated by the Congress as the Chief Executive Officer of the Armed Commuting Areas coding system of the De-
being for an emergency requirement pursu- Forces Retirement Home shall submit to the partment of Agriculture;
ant to section 251(b)(2)(A)(i) of the Balanced Committees on Appropriations of both (C) low-income veterans; and
Budget and Emergency Deficit Control Act Houses of Congress monthly reports detail- (D) any other veterans that the Secretary
of 1985. ing obligations, expenditures, and planned considers to be at a higher risk for suicide
DEPARTMENTAL ADMINISTRATION activities: Provided further, That such and mental health concerns during isolation
amount is designated by the Congress as periods due to a public health emergency.
GENERAL ADMINISTRATION being for an emergency requirement pursu- (c) DEFINITIONS.—In this section:
For an additional amount for ‘‘General Ad- ant to section 251(b)(2)(A)(i) of the Balanced (1) TELEHEALTH.—
ministration’’, $6,000,000, to remain available Budget and Emergency Deficit Control Act (A) IN GENERAL.—The term ‘‘telehealth’’
until September 30, 2021, to prevent, prepare of 1985. means the use of electronic information and
for, and respond to coronavirus, domestically GENERAL PROVISIONS—THIS TITLE telecommunications technologies to support
or internationally: Provided, That such (INCLUDING TRANSFER OF FUNDS) and promote long-distance clinical health
amount is designated by the Congress as care, patient and professional health-related
SEC. 20001. Amounts made available for the
being for an emergency requirement pursu- education, public health, and health admin-
Department of Veterans Affairs in this title,
ant to section 251(b)(2)(A)(i) of the Balanced istration.
under the ‘‘Medical Services’’, ‘‘Medical
Budget and Emergency Deficit Control Act (B) TECHNOLOGIES.—For purposes of sub-
Community Care’’, ‘‘Medical Support and
of 1985. Compliance’’, and ‘‘Medical Facilities’’ ac- paragraph (A), telecommunications tech-
INFORMATION TECHNOLOGY SYSTEMS counts may be transferred among the ac- nologies include videoconferencing, the
For an additional amount for ‘‘Information counts to prevent, prepare for, and respond internet, streaming media, and terrestrial
Technology Systems’’, $2,150,000,000, to re- to coronavirus, domestically and inter- and wireless communications.
main available until September 30, 2021, to nationally: Provided, That any transfers (2) VA VIDEO CONNECT.—The term ‘‘VA
prevent, prepare for, and respond to among the ‘‘Medical Services’’, ‘‘Medical Video Connect’’ means the program of the
coronavirus, domestically or internation- Community Care’’, ‘‘Medical Support and Department of Veterans Affairs to connect
ally, including related impacts on health Compliance’’, and ‘‘Medical Facilities’’ ac- veterans with their health care team from
care delivery: Provided, That the Secretary counts of 2 percent or less of the total anywhere, using encryption to ensure a se-
shall transmit to the Committees on Appro- amount appropriated to an account in this cure and private session.
priations of both Houses of Congress a spend title may take place subject to notification TREATMENT OF STATE HOMES DURING PUBLIC
plan detailing the allocation of such funds from the Secretary of Veterans Affairs to the HEALTH EMERGENCY
between pay and associated costs, operations Committees on Appropriations of both SEC. 20005. (a) WAIVER OF OCCUPANCY RATE
and maintenance, and information tech- Houses of Congress of the amount and pur- REQUIREMENTS.—During a public health
nology systems development: Provided fur- pose of the transfer: Provided further, That emergency, occupancy rate requirements for
ther, That after such transmittal is provided, any transfers among the ‘‘Medical Services’’, State homes for purposes of receiving per
funds may only be reprogrammed among the ‘‘Medical Community Care’’, ‘‘Medical Sup- diem payments set forth in section 51.40(c) of
three subaccounts referenced in the previous port and Compliance’’, and ‘‘Medical Facili- title 38, Code of Federal Regulations, or suc-
proviso after the Secretary of Veterans Af- ties’’ accounts in excess of 2 percent of the cessor regulations, shall not apply.
fairs submits notice to the Committees on total amount appropriated to an account in (b) WAIVER OF VETERAN PERCENTAGE RE-
Appropriations of both Houses of Congress: this title, or exceeding a cumulative 2 per- QUIREMENTS.—During a public health emer-
Provided further, That such amount is des- cent for all of the funds provided in this gency, the veteran percentage requirements
ignated by the Congress as being for an title, may take place only after the Sec- for State homes set forth in section 51.210(d)
emergency requirement pursuant to section retary requests from the Committees on Ap- of title 38, Code of Regulations, or successor
251(b)(2)(A)(i) of the Balanced Budget and propriations of both Houses of Congress the regulations, and in agreements for grants to
Emergency Deficit Control Act of 1985. authority to make the transfer and an ap- construct State homes, shall not apply.
proval is issued. (c) PROVISION OF MEDICINE, EQUIPMENT, AND
OFFICE OF INSPECTOR GENERAL SEC. 20002. For all of the funds appro-
SUPPLIES.—
For an additional amount for ‘‘Office of In- priated in this title the Secretary of Vet-
(1) IN GENERAL.—During a public health
spector General’’, $12,500,000, to remain erans Affairs shall submit to the Committees
emergency, the Secretary of Veterans Affairs
available until September 30, 2022, to pre- on Appropriations of both Houses of Con-
may provide to State homes medicines, per-
vent, prepare for, and respond to gress monthly reports detailing obligations,
expenditures, and planned activities. sonal protective equipment, medical sup-
coronavirus, domestically or internation-
plies, and any other equipment, supplies, and
ally, for oversight and audit of programs, ac- PUBLIC HEALTH EMERGENCY
assistance available to the Department of
tivities, grants and projects funded under SEC. 20003. In this title, the term ‘‘public Veterans Affairs.
this title: Provided, That such amount is des- health emergency’’ means an emergency (2) PROVISION OF EQUIPMENT.—Personal pro-
ignated by the Congress as being for an with respect to COVID–19 declared by a Fed- tective equipment may be provided under
emergency requirement pursuant to section eral, State, or local authority. paragraph (1) through the All Hazards Emer-
dlhill on DSKBBY8HB2PROD with SENATE
251(b)(2)(A)(i) of the Balanced Budget and SHORT-TERM AGREEMENTS OR CONTRACTS WITH gency Cache of the Department of Veterans
Emergency Deficit Control Act of 1985. TELECOMMUNICATIONS PROVIDERS TO EXPAND Affairs or any other source available to the
GRANTS FOR CONSTRUCTION OF STATE TELEMENTAL HEALTH SERVICES FOR ISO- Department.
EXTENDED CARE FACILITIES LATED VETERANS DURING A PUBLIC HEALTH (d) DEFINITIONS.—In this section:
For an additional amount for ‘‘Grants for EMERGENCY (1) PERSONAL PROTECTIVE EQUIPMENT.—The
Construction of State Extended Care Facili- SEC. 20004. (a) IN GENERAL.—Notwith- term ‘‘personal protective equipment’’
ties’’, $150,000,000, to remain available until standing any other provision of law, the Sec- means any protective equipment required to
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2148 CONGRESSIONAL RECORD — SENATE March 25, 2020
prevent the wearer from contracting COVID– (1) IN GENERAL.—For each month that the section 2044 of title 38, United States Code,
19, including gloves, N–95 respirator masks, Secretary waives a limitation under sub- may be construed as limiting amounts that
gowns, goggles, face shields, or other equip- section (a), the Secretary shall submit to the may be made available for carrying out sub-
ment required for safety. Committee on Veterans’ Affairs of the Sen- sections (a), (b), and (c) of such section.
(2) PUBLIC HEALTH EMERGENCY.—The term ate and the Committee on Veterans’ Affairs MODIFICATIONS TO COMPREHENSIVE SERVICE
‘‘public health emergency’’ means an emer- of the House of Representatives a report on PROGRAMS FOR HOMELESS VETERANS DURING
gency with respect to COVID–19 declared by the waiver. A PUBLIC HEALTH EMERGENCY
a Federal, State, or local authority. (2) CONTENTS.—Each report submitted
SEC. 20013. (a) RULE OF CONSTRUCTION.—In
(3) STATE HOME.—The term ‘‘State home’’ under paragraph (1) for a waiver or waivers
the case of a public health emergency, no au-
has the meaning given that term in section in a month shall include the following:
thorization of appropriations in section 2014
101(19) of title 38, United States Code. (A) Where the waiver or waivers were used,
of title 38, United States Code, may be con-
MODIFICATIONS TO VETERAN DIRECTED CARE
including in which component of the Depart-
ment and, as the case may be, which medical strued as limiting amounts that may be ap-
PROGRAM OF DEPARTMENT OF VETERANS AF- propriated for carrying out subchapter II of
FAIRS
center of the Department.
(B) For how many employees the waiver or chapter 20 of such title.
SEC. 20006. (a) TELEPHONE OR TELEHEALTH (b) GRANTS AND PER DIEM PAYMENTS.—In
waivers were used, disaggregated by compo-
RENEWALS.—For the Veteran Directed Care the case of a public health emergency, the
nent of the Department and, if applicable,
program of the Department of Veterans Af- Secretary of Veterans Affairs may waive any
medical center of the Department.
fairs (in this section referred to as the ‘‘Pro- limits on—
(C) The average amount by which each
gram’’), during a public health emergency, (1) grant amounts under sections 2011 and
payment exceeded the waived pay limitation
the Secretary of Veterans Affairs shall— 2061 of title 38, United States Code; and
that was waived, disaggregated by compo-
(1) waive the requirement that an area (2) rates for per diem payments under sec-
nent of the Department and, if applicable,
agency on aging process new enrollments tions 2012 and 2061 of such title.
medical center of the Department.
and six-month renewals for the Program via (c) EMPLOYEE OF THE DEPARTMENT OF VET- (c) PARTICIPANT ABSENCE.—Notwith-
an in-person or home visit; and ERANS AFFAIRS DEFINED.—In this section, the standing Veterans Health Administration
(2) allow new enrollments and sixth-month term ‘‘employee of the Department of Vet- Handbook 1162.01(1), dated July 12, 2013, and
renewals for the Program to be conducted erans Affairs’’ includes any employee of the amended June 30, 2014, and titled ‘‘Grant and
via telephone or telehealth modality. Department of Veterans Affairs, regardless Per Diem (GPD) Program’’, or any other pro-
(b) NO SUSPENSION OR DISENROLLMENT.— of the authority under which the employee vision of law, for the duration of a public
During a public health emergency, the Sec- was hired. health emergency, the Secretary—
retary shall not suspend or dis-enroll a vet- PROVISION BY DEPARTMENT OF VETERANS AF-
(1) shall waive any requirement to dis-
eran or caregiver of a veteran from the Pro- FAIRS OF PERSONAL PROTECTIVE EQUIPMENT
charge a veteran from the grant and per
gram unless— FOR HOME HEALTH WORKERS
diem program of the Veterans Health Admin-
(1) requested to do so by the veteran or a istration after the veteran is absent for 14
SEC. 20009. (a) PROVISION OF EQUIPMENT.—
representative of the veteran; or days; and
(1) IN GENERAL.—During a public health
(2) a mutual decision is made between the (2) may continue to pay per diem to grant
emergency, the Secretary of Veterans Affairs
veteran and a health care provider of the recipients and eligible entities under the
shall provide to employees and contractors
veteran to suspend or dis-enroll the veteran program for any additional days of absence
of the Department of Veterans Affairs per-
or caregiver from the Program. when a veteran has already been absent for
sonal protective equipment necessary to pro-
(c) WAIVER OF PAPERWORK REQUIREMENT.— more than 72 hours.
vide home care to veterans under the laws
During a public health emergency, the Sec- SEC. 20014. The amounts provided by sec-
administered by the Secretary.
retary may waive the requirement for tions 20003 through 20013 of this title in this
(2) SOURCE OF EQUIPMENT.—Personal pro-
signed, mailed paperwork to confirm the en- Act are designated by the Congress as being
tective equipment may be provided under
rollment or renewal of a veteran in the Pro- for an emergency requirement pursuant to
paragraph (1) through the All Hazards Emer-
gram and may allow verbal consent of the section 251(b)(2)(A)(i) of the Balanced Budget
gency Cache of the Department or any other
veteran via telephone or telehealth modality and Emergency Deficit Control Act of 1985.
source available to the Department.
to suffice for purposes of such enrollment or (b) DEFINITIONS.—In this section: TITLE XI
renewal. (1) HOME CARE.—The term ‘‘home care’’ has DEPARTMENT OF STATE
(d) WAIVER OF OTHER REQUIREMENTS.—Dur- the meaning given that term in section
ing a public health emergency, the Secretary ADMINISTRATION OF FOREIGN AFFAIRS
1803(c) of title 38, United States Code.
shall waive— DIPLOMATIC PROGRAMS
(2) PERSONAL PROTECTIVE EQUIPMENT.—The
(1) any penalty for late paperwork relating term ‘‘personal protective equipment’’ For an additional amount for ‘‘Diplomatic
to the Program; and means any protective equipment required to Programs’’, $324,000,000, to remain available
(2) any requirement to stop payments for prevent the wearer from contracting COVID– until September 30, 2022, to prevent, prepare
veterans or caregivers of veterans under the 19, including gloves, N–95 respirator masks, for, and respond to coronavirus, including for
Program if they are out of State for more gowns, goggles, face shields, or other equip- necessary expenses to maintain consular op-
than 14 days. ment required for safety. erations and to provide for evacuation ex-
(e) AREA AGENCY ON AGING DEFINED.—In penses and emergency preparedness: Pro-
CLARIFICATION OF TREATMENT OF PAYMENTS
this section, the term ‘‘area agency on vided, That such amount is designated by the
FOR PURPOSES OF ELIGIBILITY FOR VETERANS
aging’’ has the meaning given that term in Congress as being for an emergency require-
PENSION AND OTHER VETERANS BENEFITS
section 102 of the Older Americans Act of ment pursuant to section 251(b)(2)(A)(i) of
1965 (42 U.S.C. 3002). SEC. 20010. Amounts paid to a person under the Balanced Budget and Emergency Deficit
the 2020 Recovery Rebate in the Coronavirus Control Act of 1985.
PROVISION BY DEPARTMENT OF VETERANS AF-
Aid, Relief, and Economic Security Act shall
FAIRS OF PROSTHETIC APPLIANCES THROUGH
not be treated as income or resources for UNITED STATES AGENCY FOR
NON-DEPARTMENT PROVIDERS DURING PUBLIC INTERNATIONAL DEVELOPMENT
purposes of determining eligibility for pen-
HEALTH EMERGENCY FUNDS APPROPRIATED TO THE PRESIDENT
sion under chapter 15 of title 38, United
SEC. 20007. The Secretary of Veterans Af- States Code, or any other benefit under a law OPERATING EXPENSES
fairs shall ensure that, to the extent prac- administered by the Secretary of Veterans
For an additional amount for ‘‘Operating
ticable, veterans who are receiving or are el- Affairs.
Expenses’’, $95,000,000, to remain available
igible to receive a prosthetic appliance under AVAILABILITY OF TELEHEALTH FOR CASE until September 30, 2022, to prevent, prepare
section 1714 or 1719 of title 38, United States MANAGERS AND HOMELESS VETERANS for, and respond to coronavirus: Provided,
Code, are able to receive such an appliance SEC. 20011. The Secretary of Veterans Af- That such amount is designated by the Con-
that the Secretary determines is needed fairs shall ensure that telehealth capabilities gress as being for an emergency requirement
from a non-Department of Veterans Affairs are available during a public health emer- pursuant to section 251(b)(2)(A)(i) of the Bal-
provider under a contract with the Depart- gency for case managers of, and homeless anced Budget and Emergency Deficit Control
ment during a public health emergency. veterans participating in, the Department of Act of 1985.
WAIVER OF PAY CAPS FOR EMPLOYEES OF DE- Housing and Urban Development–Depart-
BILATERAL ECONOMIC ASSISTANCE
PARTMENT OF VETERANS AFFAIRS DURING ment of Veterans Affairs Supportive Housing
PUBLIC HEALTH EMERGENCIES program (commonly referred to as ‘‘HUD– FUNDS APPROPRIATED TO THE PRESIDENT
SEC. 20008. (a) IN GENERAL.—Notwith- VASH’’). INTERNATIONAL DISASTER ASSISTANCE
dlhill on DSKBBY8HB2PROD with SENATE
standing any other provision of law, the Sec- FUNDING LIMITS FOR FINANCIAL ASSISTANCE For an additional amount for ‘‘Inter-
retary of Veterans Affairs may waive any FOR SUPPORTIVE SERVICES FOR VERY LOW-IN- national Disaster Assistance’’, $258,000,000, to
limitation on pay for an employee of the De- COME VETERAN FAMILIES IN PERMANENT remain available until expended, to prevent,
partment of Veterans Affairs during a public HOUSING DURING A PUBLIC HEALTH EMER- prepare for, and respond to coronavirus: Pro-
health emergency for work done in support GENCY vided, That such amount is designated by the
of response to the emergency. SEC. 20012. In the case of a public health Congress as being for an emergency require-
(b) REPORTING.— emergency, nothing in subsection (e)(1) of ment pursuant to section 251(b)(2)(A)(i) of
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2149
the Balanced Budget and Emergency Deficit Law 116–94) is amended under the heading 104 of part 37 of title 48, Code of Federal Reg-
Control Act of 1985. ‘‘Millennium Challenge Corporation’’ in title ulations and including pursuant to section
DEPARTMENT OF STATE III by striking ‘‘ $105,000,000’’ in the first pro- 904 of the Foreign Service Act of 1980 (22
viso and inserting in lieu thereof ‘‘ U.S.C. 4084)) to prevent, prepare for, and re-
MIGRATION AND REFUGEE ASSISTANCE
$107,000,000’’. spond to coronavirus, within the United
For an additional amount for ‘‘Migration SEC. 21007. Notwithstanding any other pro- States and abroad, subject to prior consulta-
and Refugee Assistance’’, $350,000,000, to re- vision of law, and in addition to leave au- tion with, and the notification procedures of,
main available until expended, to prevent, thorized under any other provision of law, the Committee on Appropriations and the
prepare for, and respond to coronavirus: Pro- the Secretary of State and the Adminis- Committee on Foreign Relations of the Sen-
vided, That such amount is designated by the trator of the United States Agency for Inter- ate and the Committee on Appropriations
Congress as being for an emergency require- national Development may, in order to pre- and the Committee on Foreign Affairs of the
ment pursuant to section 251(b)(2)(A)(i) of vent, prepare for, and respond to House of Representatives: Provided, That
the Balanced Budget and Emergency Deficit coronavirus, provide additional paid leave to such individuals may not be deemed employ-
Control Act of 1985. address employee hardships resulting from ees of the United States for the purpose of
INDEPENDENT AGENCIES coronavirus: Provided, That this authority any law administered by the Office of Per-
shall apply to leave taken since January 29, sonnel Management: Provided further, That
PEACE CORPS
2020, and may be provided abroad and domes- not later than 15 days after utilizing this au-
For an additional amount for ‘‘Peace tically: Provided further, That the Secretary thority, the Secretary of State shall provide
Corps’’, $88,000,000, to remain available until and the Administrator shall consult with the a report to the Committee on Appropriations
September 30, 2022, to prevent, prepare for, Committee on Appropriations and the Com- and the Committee on Foreign Relations of
and respond to coronavirus: Provided, That mittee on Foreign Relations of the Senate the Senate and the Committee on Appropria-
such amount is designated by the Congress and the Committee on Appropriations and tions and the Committee on Foreign Affairs
as being for an emergency requirement pur- the Committee on Foreign Affairs of the of the House of Representatives on the over-
suant to section 251(b)(2)(A)(i) of the Bal- House of Representatives prior to implemen- all staffing needs for the Office of Medical
anced Budget and Emergency Deficit Control tation of such authority: Provided further, Services: Provided further, That the author-
Act of 1985. That the authority made available pursuant ity made available pursuant to this section
GENERAL PROVISIONS—THIS TITLE to this section shall expire on September 30, shall expire on September 30, 2022.
(INCLUDING TRANSFER OF FUNDS)
2022.
SEC. 21008. The Secretary of State, to pre- SEC. 21011. Notwithstanding any other pro-
SEC. 21001. The authorities and limitations vent, prepare for, and respond to vision of law, the Secretary of State and the
of section 402 of the Coronavirus Prepared- coronavirus, may exercise the authorities of Administrator of the United States Agency
ness and Response Supplemental Appropria- section 3(j) of the State Department Basic for International Development may author-
tions Act (division A of Public Law 116–123) Authorities Act of 1956 (22 U.S.C. 2670(j)) to ize any oath of office required by law to, in
shall apply to funds appropriated by this provide medical services or related support particular circumstances that could other-
title as follows: for private United States citizens, nationals, wise pose health risks, be administered re-
(1) Subsections (a), (d), (e), and (f) shall and permanent resident aliens abroad, or motely, subject to appropriate verification:
apply to funds under the heading ‘‘Diplo- third country nationals connected to such Provided, That prior to initially exercising
matic Programs’’; and persons or to the diplomatic or development the authority of this section, the Secretary
(2) Subsections (c), (d), (e), and (f) shall missions of the United States abroad, who and the Administrator shall each submit a
apply to funds under the heading ‘‘Inter- are unable to obtain such services or support report to the Committee on Appropriations
national Disaster Assistance’’. otherwise: Provided, That such assistance and the Committee on Foreign Relations of
SEC. 21002. Funds appropriated by this title shall be provided on a reimbursable basis to the Senate and the Committee on Appropria-
under the headings ‘‘Diplomatic Programs’’, the extent feasible: Provided further, That tions and the Committee on Foreign Affairs
‘‘Operating Expenses’’, and ‘‘Peace Corps’’ such reimbursements may be credited to the of the House of Representatives describing
may be used to reimburse such accounts ad- applicable Department of State appropria- the process and procedures for administering
ministered by the Department of State, the tion and shall remain available until ex- such oaths, including appropriate
United States Agency for International De- pended: Provided further, That the Secretary verification: Provided further, That the au-
velopment, and the Peace Corps, as appro- shall prioritize providing medical services or thority made available pursuant to this sec-
priate, for obligations incurred to prevent, related support to individuals eligible for the tion shall expire on September 30, 2021.
prepare for, and respond to coronavirus prior health program under section 904 of the For- SEC. 21012. (a) PURPOSES.—For purposes of
to the date of enactment of this Act. eign Service Act of 1980 (22 U.S.C. 4084): Pro- strengthening the ability of foreign coun-
SEC. 21003. The reporting requirement of vided further, That the authority made avail- tries to prevent, prepare for, and respond to
section 406(b) of the Coronavirus Prepared- able pursuant to this section shall expire on coronavirus and to the adverse economic im-
ness and Response Supplemental Appropria- September 30, 2022. pacts of coronavirus, in a manner that would
tions Act, 2020 (division A of Public Law 116– SEC. 21009. Notwithstanding section 6(b) of protect the United States from the spread of
123) shall apply to funds appropriated by this the Department of State Authorities Act of coronavirus and mitigate an international
title: Provided, That the requirement to 2006 (Public Law 109–472; 120 Stat. 3556), dur- economic crisis resulting from coronavirus
jointly submit such report shall not apply to ing fiscal year 2020, passport and immigrant that may pose a significant risk to the econ-
the Director of the Peace Corps: Provided fur- visa surcharges collected in any fiscal year omy of the United States, each paragraph of
ther, That reports required by such section pursuant to the fourth paragraph under the subsection (b) shall take effect upon enact-
may be consolidated and shall include infor- heading ‘‘Diplomatic and Consular Pro- ment of this Act.
mation on all funds made available to such grams’’ in the Department of State and Re- (b) CORONAVIRUS RESPONSES.—
Federal agencies to prevent, prepare for, and lated Agency Appropriations Act, 2005 (title (1) INTERNATIONAL DEVELOPMENT ASSOCIA-
respond to coronavirus. IV of division B of Public Law 108–447; 8 TION REPLENISHMENT.—The International De-
SEC. 21004. Section 7064(a) of the Depart- U.S.C. 1714) may be obligated and expended velopment Association Act (22 U.S.C. 284 et
ment of State, Foreign Operations, and Re- for the costs of providing consular services: seq.) is amended by adding at the end the fol-
lated Programs Appropriations Act, 2020 (di- Provided, That such funds should be lowing new section:
vision G of Public Law 116–94) is amended by prioritized for United States citizen services:
‘‘SEC. 31. NINETEENTH REPLENISHMENT.
striking ‘‘ $100,000,000’’ and inserting in lieu Provided further, That not later than 90 days
thereof ‘‘ $110,000,000’’, and by adding the fol- after the expiration of this authority, the ‘‘(a) IN GENERAL.—The United States Gov-
lowing before the period at the end: ‘‘: Pro- Secretary of State shall provide a report to ernor of the International Development As-
vided, That no amounts may be used that the Committee on Appropriations and the sociation is authorized to contribute on be-
were designated by the Congress for Overseas Committee on Foreign Relations of the Sen- half of the United States $3,004,200,000 to the
Contingency Operations/Global War on Ter- ate and the Committee on Appropriations nineteenth replenishment of the resources of
rorism pursuant to the Concurrent Resolu- and the Committee on Foreign Affairs of the the Association, subject to obtaining the
tion on the Budget or the Balanced Budget House of Representatives detailing the spe- necessary appropriations.
and Emergency Deficit Control Act of 1985’’. cific expenditures made pursuant to this au- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
SEC. 21005. The Department of State, For- thority: Provided further, That the amount In order to pay for the United States con-
eign Operations, and Related Programs Ap- provided by this section is designated by the tribution provided for in subsection (a),
propriations Act, 2020 (division G of Public Congress as being for an emergency require- there are authorized to be appropriated,
Law 116–94) is amended under the heading ment pursuant to section 251(b)(2)(A)(i) of without fiscal year limitation, $3,004,200,000
dlhill on DSKBBY8HB2PROD with SENATE
‘‘Emergencies in the Diplomatic and Con- the Balanced Budget and Emergency Deficit for payment by the Secretary of the Treas-
sular Service’’ in title I by striking ‘‘ Control Act of 1985. ury.’’.
$1,000,000’’ and inserting in lieu thereof ‘‘ SEC. 21010. The Department of State and (2) INTERNATIONAL FINANCE CORPORATION
$5,000,000’’. the United States Agency for International AUTHORIZATION.—The International Finance
SEC. 21006. The Department of State, For- Development are authorized to enter into Corporation Act (22 U.S.C. 282 et seq.) is
eign Operations, and Related Programs Ap- contracts with individuals for the provision amended by adding at the end the following
propriations Act, 2020 (division G of Public of personal services (as described in section new section:
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2150 CONGRESSIONAL RECORD — SENATE March 25, 2020
‘‘SEC. 18. CAPITAL INCREASES AND AMENDMENT ‘‘(3) In order to carry out the purposes of a in this Act shall only be available to spon-
TO THE ARTICLES OF AGREEMENT. one-time decision of the Executive Directors sors of airports defined in section 47102 of
‘‘(a) VOTES AUTHORIZED.—The United of the International Monetary Fund (the title 49, United States Code: Provided further,
States Governor of the Corporation is au- Fund) to expand the resources of the New Ar- That funds provided under this heading in
thorized to vote in favor of— rangements to Borrow, established pursuant this Act shall not otherwise be subject to the
‘‘(1) a resolution to increase the authorized to the decision of January 27, 1997, referred requirements of chapter 471 of such title:
capital stock of the Corporation by 16,999,998 to in paragraph (1), the Secretary of the Provided further, That notwithstanding the
shares, to implement the conversion of a por- Treasury is authorized to make loans, in an previous proviso, section 47112(b) of such
tion of the retained earnings of the Corpora- amount not to exceed the dollar equivalent title shall apply to funds provided for any
tion into paid-in capital, which will result in of 28,202,470,000 of Special Drawing Rights, in contract awarded (after the date of enact-
the United States being issued an additional addition to any amounts previously author- ment) for airport development and funded
3,771,899 shares of capital stock, without any ized under this section, except that prior to under this heading: Provided further, That
cash contribution; activation of the New Arrangements to Bor- funds provided under this heading in this Act
‘‘(2) a resolution to increase the authorized row, the Secretary of the Treasury shall re- may not be used for any purpose not directly
capital stock of the Corporation on a general port to Congress whether supplementary re- related to the airport: Provided further, That
basis by 4,579,995 shares; and sources are needed to forestall or cope with of the amounts appropriated under this head-
‘‘(3) a resolution to increase the authorized an impairment of the international mone- ing in this Act—
capital stock of the Corporation on a selec- tary system and whether the Fund has fully (1) Not less than $500,000,000 shall be avail-
tive basis by 919,998 shares. explored other means of funding to the able to pay a Federal share of 100 percent of
‘‘(b) AMENDMENT OF THE ARTICLES OF the costs for which a grant is made under
Fund.’’;
AGREEMENT.—The United States Governor of Public Law 116–94: Provided, That any re-
(III) in paragraph (5), as so redesignated,
the Corporation is authorized to agree to and maining funds after the apportionment
by striking ‘‘paragraph (3)’’ and inserting
accept an amendment to article II, section under this paragraph (1) shall be distributed
‘‘paragraph (4)’’; and
2(c)(ii) of the Articles of Agreement of the as described in paragraph (2) under this head-
(IV) in paragraph (6), as so redesignated, by
Corporation that would increase the vote by ing in this Act;
striking ‘‘December 16, 2022’’ and inserting
which the Board of Governors of the Cor- (2) Not less than $7,400,000,000 shall be
‘‘December 31, 2025’’; and
poration may increase the capital stock of available for any purpose for which airport
(ii) in subsection (e)(1) by striking ‘‘(a)(2),’’
the Corporation from a four-fifths majority revenues may lawfully be used: Provided,
each place such term appears and inserting
to an eighty-five percent majority.’’. That 50 percent of such funds shall be allo-
‘‘(a)(2), (a)(3),’’.
(3) AFRICAN DEVELOPMENT BANK.—The Afri- cated among all commercial service airports
(B) EMERGENCY DESIGNATION.—The amount
can Development Bank Act (22 U.S.C. 290i et based on each sponsor’s calendar year 2018
provided by this paragraph is designated by
seq.) is amended by adding at the end the fol- enplanements as a percentage of total 2018
the Congress as being for an emergency re-
lowing new section: enplanements for all commercial service air-
quirement pursuant to section 251(b)(2)(A)(i)
ports: Provided further, That the remaining 50
‘‘SEC. 1345. SEVENTH CAPITAL INCREASE. of the Balanced Budget and Emergency Def-
percent of such funds shall be allocated
‘‘(a) SUBSCRIPTION AUTHORIZED.— icit Control Act of 1985.
among all commercial service airports based
‘‘(1) IN GENERAL.—The United States Gov- TITLE XII on an equal combination of each sponsor’s
ernor of the Bank may subscribe on behalf of DEPARTMENT OF TRANSPORTATION fiscal year 2018 debt service as a percentage
the United States to 532,023 additional shares
OFFICE OF THE SECRETARY of the combined debt service for all commer-
of the capital stock of the Bank.
SALARIES AND EXPENSES cial service airports and each sponsor’s ratio
‘‘(2) LIMITATION.—Any subscription by the
of unrestricted reserves to their respective
United States to the capital stock of the For an additional amount for ‘‘Salaries debt service: Provided further, That the Fed-
Bank shall be effective only to such extent and Expenses’’, $1,753,000, to remain avail- eral share payable of the costs for which a
and in such amounts as are provided in ad- able until expended, to prevent, prepare for, grant is made under this paragraph shall be
vance in appropriations Acts. and respond to coronavirus, including nec- 100 percent:
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— essary expenses for operating costs and cap- (3) Up to $2,000,000,000 shall be available for
‘‘(1) IN GENERAL.—In order to pay for the ital outlays: Provided, That such amounts any purpose for which airport revenues may
increase in the United States subscription to are in addition to any other amounts made lawfully be used, and: (A) be apportioned as
the Bank under subsection (a), there are au- available for this purpose: Provided further, set forth in section 47114(c)(1)(C)(i),
thorized to be appropriated, without fiscal That obligations of amounts under this head- 47114(c)(1)(C)(ii), or 47114(c)(1)(H) of title 49,
year limitation, $7,286,587,008 for payment by ing in this Act shall not be subject to the United States Code; (B) not be subject to the
the Secretary of the Treasury. limitation on obligations under the heading reduced apportionments of 49 U.S.C. 47114(f);
‘‘(2) SHARE TYPES.—Of the amount author- ‘‘Office of the Secretary—Working Capital and (C) have no maximum apportionment
ized to be appropriated under paragraph (1)— Fund’’ in division H of the Further Consoli- limit, notwithstanding 47114(c)(1)(C)(iii) of
‘‘(A) $437,190,016 shall be for paid in shares dated Appropriations Act, 2020 (Public Law title 49, United States Code: Provided, That
of the Bank; and 116–94): Provided further, That such amount is any remaining funds after the apportion-
‘‘(B) $6,849,396,992 shall be for callable designated by the Congress as being for an ment under this paragraph (3) shall be dis-
shares of the Bank.’’. emergency requirement pursuant to section tributed as described in paragraph (2) under
(4) AFRICAN DEVELOPMENT FUND.—The Afri- 251(b)(2)(A)(i) of the Balanced Budget and this heading in this Act: Provided further,
can Development Fund Act (22 U.S.C. 290g et Emergency Deficit Control Act of 1985. That the Federal share payable of the costs
seq.) is amended by adding at the end the fol- ESSENTIAL AIR SERVICE for which a grant is made under this para-
lowing new section:
In addition to funds provided to the ‘‘Pay- graph shall be 100 percent; and
‘‘SEC. 226. FIFTEENTH REPLENISHMENT.
ments to Air Carriers’’ program in Public (4) Not less than $100,000,000 shall be for
‘‘(a) IN GENERAL.—The United States Gov- Law 116–94 to carry out the essential air general aviation airports for any purpose for
ernor of the Fund is authorized to contribute service program under section 41731 through which airport revenues may lawfully be used,
on behalf of the United States $513,900,000 to 41742 of title 49, United States Code, and, which the Secretary shall apportion di-
the fifteenth replenishment of the resources $56,000,000, to be derived from the general rectly to each eligible airport, as defined in
of the Fund, subject to obtaining the nec- fund of the Treasury, and to be made avail- section 47102(8) of title 49, United States
essary appropriations. able to the Essential Air Service and Rural Code, based on the categories published in
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— Improvement Fund, to remain available the most current National Plan of Integrated
In order to pay for the United States con- until expended, to prevent, prepare for, and Airport Systems, reflecting the percentage
tribution provided for in subsection (a), respond to coronavirus: Provided, That such of the aggregate published eligible develop-
there are authorized to be appropriated, amount is designated by the Congress as ment costs for each such category, and then
without fiscal year limitation, $513,900,000 being for an emergency requirement pursu- dividing the allocated funds evenly among
for payment by the Secretary of the Treas- ant to section 251(b)(2)(A)(i) of the Balanced the eligible airports in each category, round-
ury.’’. Budget and Emergency Deficit Control Act ing up to the nearest thousand dollars: Pro-
(5) INTERNATIONAL MONETARY FUND AUTHOR- of 1985. vided, That the Federal share payable of the
IZATION FOR NEW ARRANGEMENTS TO BOR- costs for which a grant is made under this
FEDERAL AVIATION ADMINISTRATION
ROW.— paragraph shall be 100 percent:
(A) IN GENERAL.—Section 17 of the Bretton GRANTS-IN-AID FOR AIRPORTS
Provided further, That the Administrator of
Woods Agreements Act (22 U.S.C. 286e–2) is For an additional amount for ‘‘Grants-In- the Federal Aviation Administration may re-
dlhill on DSKBBY8HB2PROD with SENATE
amended— Aid for Airports’’, $10,000,000,000, to prevent, tain up to 0.1 percent of the funds provided
(i) in subsection (a)— prepare for, and respond to coronavirus, to under this heading in this Act to fund the
(I) by redesignating paragraphs (3), (4), and remain available until expended: Provided, award and oversight by the Administrator of
(5) as paragraphs (4), (5), and (6), respec- That amounts made available under this grants made under this heading in this Act:
tively; heading in this Act shall be derived from the Provided further, That obligations of funds
(II) by inserting after paragraph (2) the fol- general fund of the Treasury: Provided fur- under this heading in this Act shall not be
lowing new paragraph: ther, That funds provided under this heading subject to any limitations on obligations
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2151
provided in Public Law 116–94: Provided fur- prepare for, and respond to coronavirus, in- operating expenses are not required to be in-
ther, That all airports receiving funds under cluding to enable the Secretary of Transpor- cluded in a transportation improvement pro-
this heading in this Act shall continue to tation to make or amend existing grants to gram, long-range transportation, statewide
employ, through December 31, 2020, at least the National Railroad Passenger Corporation transportation plan, or a statewide transpor-
90 percent of the number of individuals em- for activities associated with the National tation improvement program: Provided fur-
ployed (after making adjustments for retire- Network as authorized by section 11101(b) of ther, That the Secretary shall not waive the
ments or voluntary employee separations) by the Fixing America’s Surface Transportation requirements of section 5333 of title 49,
the airport as of the date of enactment of Act (division A of Public Law 114–94): Pro- United States Code, for funds appropriated
this Act: Provided further, That the Secretary vided, That a State shall not be required to under this heading in this Act or for funds
may waive the workforce retention require- pay the National Railroad Passenger Cor- previously made available under section 5307
ment in the previous proviso, if the Sec- poration more than 80 percent of the amount of title 49, United States Code, or sections
retary determines the airport is experiencing paid in fiscal year 2019 under section 209 of 5311, 5337, or 5340 of such title as a result of
economic hardship as a direct result of the the Passenger Rail Investment and Improve- the coronavirus: Provided further, That un-
requirement, or the requirement reduces ment Act of 2008 (Public Law 110–432) and less otherwise specified, applicable require-
aviation safety or security: Provided further, that not less than $239,000,000 of the amounts ments under chapter 53 of title 49, United
That the workforce retention requirement made available under this heading in this States Code, shall apply to funding made
shall not apply to nonhub airports or nonpri- Act shall be made available for use in lieu of available under this heading in this Act, ex-
mary airports receiving funds under this any increase in a State’s payment: Provided cept that the Federal share of the costs for
heading in this Act: Provided further, That further, That amounts made available under which any grant is made under this heading
such amount is designated by the Congress this heading in this Act may be transferred in this Act shall be, at the option of the re-
as being for an emergency requirement pur- to and merged with ‘‘Northeast Corridor cipient, up to 100 percent: Provided further,
suant to section 251(b)(2)(A)(i) of the Bal- Grants to the National Railroad Passenger That the amount made available under this
anced Budget and Emergency Deficit Control Corporation’’ to prevent, prepare for, and re- heading in this Act shall be derived from the
Act of 1985. spond to coronavirus: Provided further, That general fund and shall not be subject to any
such amount is designated by the Congress limitation on obligations for transit pro-
FEDERAL MOTOR CARRIER SAFETY
as being for an emergency requirement pur- grams set forth in any Act: Provided further,
ADMINISTRATION
suant to section 251(b)(2)(A)(i) of the Bal- That such amount is designated by the Con-
MOTOR CARRIER SAFETY OPERATIONS AND gress as being for an emergency requirement
anced Budget and Emergency Deficit Control
PROGRAMS pursuant to section 251(b)(2)(A)(i) of the Bal-
Act of 1985.
Of prior year unobligated contract author- FEDERAL TRANSIT ADMINISTRATION anced Budget and Emergency Deficit Control
ity and liquidating cash provided for Motor Act of 1985.
TRANSIT INFRASTRUCTURE GRANTS
Carrier Safety in the Transportation Equity MARITIME ADMINISTRATION
Act for the 21st Century (Public Law 105–178), For an additional amount for ‘‘Transit In-
frastructure Grants’’, $25,000,000,000, to re- OPERATIONS AND TRAINING
SAFETEA–LU (Public Law 109–59), or other
main available until expended, to prevent, For an additional amount for ‘‘Operations
appropriations or authorization acts, in addi-
prepare for, and respond to coronavirus: Pro- and Training’’, $3,134,000, to remain available
tion to amounts already appropriated in fis-
vided, That the Secretary of Transportation until September 30, 2021, to prevent, prepare
cal year 2020 for ‘‘Motor Carrier Safety Oper-
shall provide funds appropriated under this for, and respond to coronavirus: Provided,
ations and Programs’’, $150,000 in additional
heading in this Act as if such funds were pro- That of the amounts made available under
obligation limitation is provided and
vided under section 5307 of title 49, United this heading in this Act, $1,000,000 shall be
repurposed for obligations incurred to sup- for the operations of the United States Mer-
port activities to prevent, prepare for, and States Code, and section 5311 of title 49,
United States Code and apportion such funds chant Marine Academy: Provided further,
respond to coronavirus. That such amount is designated by the Con-
in accordance with section 5336 of such title
FEDERAL RAILROAD ADMINISTRATION gress as being for an emergency requirement
(other than subsections (h)(1) and (h)(4)), sec-
SAFETY AND OPERATIONS tion 5311 (other than subsection (b)(3) and pursuant to section 251(b)(2)(A)(i) of the Bal-
For an additional amount for ‘‘Safety and (c)(1)(A)), section 5337 and section 5340 of anced Budget and Emergency Deficit Control
Operations’’, $250,000, to remain available title 49, United States Code, and apportion Act of 1985.
until September 30, 2021, to prevent, prepare such funds in accordance with such sections STATE MARITIME ACADEMY OPERATIONS
for, and respond to coronavirus: Provided, except that funds apportioned under section For an additional amount for ‘‘State Mari-
That such amount is designated by the Con- 5337 shall be added to funds apportioned time Academy Operations’’, $1,000,000, to re-
gress as being for an emergency requirement under 5307 for administration under 5307: Pro- main available until September 30, 2021, to
pursuant to section 251(b)(2)(A)(i) of the Bal- vided further, That the Secretary shall allo- prevent, prepare for, and respond to
anced Budget and Emergency Deficit Control cate the amounts provided in the preceding coronavirus: Provided, That amounts made
Act of 1985. proviso under sections 5307, 5311, 5337, and available under this heading in this Act shall
NORTHEAST CORRIDOR GRANTS TO THE 5340 of title 49, United States Code, among be for direct payments for State Maritime
NATIONAL RAILROAD PASSENGER CORPORATION such sections in the same ratio as funds were Academies: Provided further, That such
(INCLUDING TRANSFER OF FUNDS) provided in the fiscal year 2020 appropria- amount is designated by the Congress as
tions: Provided further, That funds appor- being for an emergency requirement pursu-
For an additional amount for ‘‘Northeast
tioned under this heading in this Act shall be ant to section 251(b)(2)(A)(i) of the Balanced
Corridor Grants to the National Railroad
apportioned not later than 7 days after the Budget and Emergency Deficit Control Act
Passenger Corporation’’, $492,000,000, to re-
date of enactment of this Act: Provided fur- of 1985.
main available until expended, to prevent,
prepare for, and respond to coronavirus, in- ther, That funds shall be apportioned using OFFICE OF INSPECTOR GENERAL
cluding to enable the Secretary of Transpor- the fiscal year 2020 apportionment formulas: SALARIES AND EXPENSES
tation to make or amend existing grants to Provided further, That not more than three- For an additional amount for ‘‘Office of In-
the National Railroad Passenger Corporation quarters of 1 percent, but not to exceed spector General’’, $5,000,000, to remain avail-
for activities associated with the Northeast $75,000,000, of the funds for transit infrastruc- able until expended, to prevent, prepare for,
Corridor, as authorized by section 11101(a) of ture grants provided under this heading in and respond to coronavirus: Provided, That
the Fixing America’s Surface Transportation this Act shall be available for administrative the funding made available under this head-
Act (division A of Public Law 114–94): Pro- expenses and ongoing program management ing in this Act shall be used for conducting
vided, That amounts made available under oversight as authorized under sections 5334 audits and investigations of projects and ac-
this heading in this Act may be transferred and 5338(f)(2) of title 49, United States Code, tivities carried out with funds made avail-
to and merged with ‘‘National Network and shall be in addition to any other appro- able in this Act to the Department of Trans-
Grants to the National Railroad Passenger priations for such purpose: Provided further, portation to prevent, prepare for, and re-
Corporation’’ to prevent, prepare for, and re- That notwithstanding subsection (a)(1) or (b) spond to coronavirus: Provided further, That
spond to coronavirus: Provided further, That of section 5307 of title 49, United States Code, such amount is designated by the Congress
such amount is designated by the Congress funds provided under this heading are avail- as being for an emergency requirement pur-
as being for an emergency requirement pur- able for the operating expenses of transit suant to section 251(b)(2)(A)(i) of the Bal-
suant to section 251(b)(2)(A)(i) of the Bal- agencies related to the response to a anced Budget and Emergency Deficit Control
anced Budget and Emergency Deficit Control coronavirus public health emergency as de- Act of 1985.
Act of 1985. scribed in section 319 of the Public Health
DEPARTMENT OF HOUSING AND URBAN
Service Act, including, beginning on January
dlhill on DSKBBY8HB2PROD with SENATE
NATIONAL NETWORK GRANTS TO THE NATIONAL DEVELOPMENT
20, 2020, reimbursement for operating costs
RAILROAD PASSENGER CORPORATION
to maintain service and lost revenue due to MANAGEMENT AND ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS) the coronavirus public health emergency, in- ADMINISTRATIVE SUPPORT OFFICES
For an additional amount for ‘‘National cluding the purchase of personal protective For an additional amount for ‘‘Administra-
Network Grants to the National Railroad equipment, and paying the administrative tive Support Offices’’, $35,000,000, to remain
Passenger Corporation’’, $526,000,000, to re- leave of operations personnel due to reduc- available until September 30, 2021, to pre-
main available until expended, to prevent, tions in service: Provided further, That such vent, prepare for, and respond to
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2152 CONGRESSIONAL RECORD — SENATE March 25, 2020
coronavirus, for the Office of the Chief Fi- housing, nondiscrimination, labor standards, individuals and families, and activities to
nancial Officer, including for Department- and the environment), upon a finding by the support education and child care for im-
wide salaries and expenses, Information Secretary that any such waivers or alter- pacted families: Provided further, That
Technology purposes, and to support the De- native requirements are necessary for the amounts made available under the headings
partment’s workforce in a telework environ- safe and effective administration of these ‘‘Public Housing Operating Fund’’ and ‘‘Pub-
ment: Provided, That the amounts provided funds, consistent with the purposes described lic Housing Capital Fund’’ in prior Acts, ex-
under this heading in this Act shall be in ad- under this heading in this Act, to prevent, cept for any set-asides listed under such
dition to amounts otherwise available for prepare for, and respond to coronavirus: Pro- headings, may be used for all of the purposes
such purposes, including amounts made vided further, That the Secretary shall notify described in the previous proviso: Provided
available under the heading ‘‘Program Of- the public through the Federal Register or further, That the expanded uses and funding
fices’’ in this Act: Provided further, That such other appropriate means of any such waiver flexibilities described in the previous two
amount is designated by the Congress as or alternative requirement to ensure the provisos shall be available to all public hous-
being for an emergency requirement pursu- most expeditious allocation of this funding, ing agencies through December 31, 2020, ex-
ant to section 251(b)(2)(A)(i) of the Balanced and in order for such waiver or alternative cept that the Secretary may extend the pe-
Budget and Emergency Deficit Control Act requirement to take effect, and that such riod under which such flexibilities shall be
of 1985. public notice may be provided, at a min- available in additional 12 month increments
PROGRAM OFFICES imum, on the Internet at the appropriate upon a finding that individuals and families
Government web site or through other elec- assisted by the public housing program con-
For an additional amount for ‘‘Program
tronic media, as determined by the Sec- tinue to require expanded services due to
Offices’’, $15,000,000, to remain available
retary: Provided further, That any such waiv- coronavirus: Provided further, That the Sec-
until September 30, 2021, to prevent, prepare
ers or alternative requirements shall remain retary may waive, or specify alternative re-
for, and respond to coronavirus: Provided,
in effect for the time and duration specified quirements for, any provision of any statute
That of the sums appropriated under this
by the Secretary in such public notice and or regulation that the Secretary administers
heading in this Act—
may be extended if necessary upon addi- in connection with the use of such combined
(1) $5,000,000 shall be available for the Of-
tional notice by the Secretary: Provided fur- total amount or funds made available under
fice of Public and Indian Housing; and
ther, That to prevent, prepare for, and re- the headings ‘‘Public Housing Operating
(2) $10,000,000 shall be available for the Of-
spond to coronavirus, the notification re- Fund’’ and ‘‘Public Housing Capital Fund’’ in
fice of Community Planning and Develop-
quired by section 223 of Public Law 116–6 and prior Acts (except for requirements related
ment:
section 221 of Public Law 116–94 shall not to fair housing, nondiscrimination, labor
Provided further, That such amount is des-
apply to the award of amounts provided standards, and the environment), upon a
ignated by the Congress as being for an
under paragraph (2) of this heading in Public finding by the Secretary that any such waiv-
emergency requirement pursuant to section
Law 116–6 or under paragraph (7)(B) of this ers or alternative requirements are nec-
251(b)(2)(A)(i) of the Balanced Budget and
heading in Public Law 116–94 in support of essary for the safe and effective administra-
Emergency Deficit Control Act of 1985.
the family unification program under sec- tion of these funds to prevent, prepare for,
PUBLIC AND INDIAN HOUSING tion 8(x) of such Act: Provided further, That and respond to coronavirus: Provided further,
TENANT-BASED RENTAL ASSISTANCE the Secretary may award any remaining un- That the Secretary shall notify the public
For an additional amount for ‘‘Tenant- obligated balances appropriated under this through the Federal Register or other appro-
Based Rental Assistance’’, $1,250,000,000, to heading in prior Acts for incremental ten- priate means of any such waiver or alter-
remain available until expended, to prevent, ant-based assistance contracts under section native requirement, to ensure the most expe-
prepare for, and respond to coronavirus, in- 811 of the Cranston-Gonzalez National Af- ditious allocation of this funding, in order
cluding to provide additional funds for public fordable Housing Act (42 U.S.C. 8013), to pre- for such waiver or alternative requirement
housing agencies to maintain normal oper- vent, prepare for, and respond to to take effect, and that such public notice
ations and take other necessary actions dur- coronavirus, without competition, including may be provided, at a minimum, on the
ing the period that the program is impacted for extraordinary administrative fees: Pro- Internet at the appropriate Government web
by coronavirus: Provided, That of the vided further, That no less than 25 percent of site or through other electronic media, as de-
amounts made available under this heading such amounts shall be allocated proportion- termined by the Secretary: Provided further,
in this Act, $850,000,000 shall be available for ally to public housing agencies who received That any such waivers or alternative re-
both administrative expenses and other ex- awards in the 2017 and 2019 competitions for quirements shall remain in effect for the
penses of public housing agencies for their such purposes within 60 days of enactment of time and duration specified by the Secretary
section 8 programs, including Mainstream this Act: Provided further, That the waiver in such public notice and may be extended if
vouchers: Provided further, That such other and alternative requirements authority pro- necessary upon additional notice by the Sec-
expenses shall be new eligible activities to be vided under this heading in this Act shall retary: Provided further, That such amount is
defined by the Secretary and shall include also apply to such incremental tenant-based designated by the Congress as being for an
activities to support or maintain the health assistance contract amounts: Provided fur- emergency requirement pursuant to section
and safety of assisted individuals and fami- ther, That such amount is designated by the 251(b)(2)(A)(i) of the Balanced Budget and
lies, and costs related to retention and sup- Congress as being for an emergency require- Emergency Deficit Control Act of 1985.
port of participating owners: Provided fur- ment pursuant to section 251(b)(2)(A)(i) of NATIVE AMERICAN PROGRAMS
ther, That amounts made available under the Balanced Budget and Emergency Deficit For an additional amount for ‘‘Native
paragraph (3) under this heading in Public Control Act of 1985. American Programs’’, $300,000,000, to remain
Law 116–94 may be used for such other ex- PUBLIC HOUSING OPERATING FUND available until September 30, 2024, to pre-
penses, as described in the previous proviso, For an additional amount for ‘‘Public vent, prepare for, and respond to
in addition to their other available uses: Pro- Housing Operating Fund’’, as authorized by coronavirus, for activities and assistance au-
vided further, That of the amounts made section 9(e) of the United States Housing Act thorized under title I of the Native American
available under this heading in this Act, of 1937 (42 U.S.C. 1437g(e)), $685,000,000, to re- Housing Assistance and Self-Determination
$400,000,000 shall be available for adjustments main available until September 30, 2021, to Act of 1996 (NAHASDA) (25 U.S.C. 4111 et
in the calendar year 2020 section 8 renewal prevent, prepare for, and respond to seq.), and under title I of the Housing and
funding allocations, in addition to any other coronavirus, including to provide additional Community Development Act of 1974 with re-
appropriations available for such purpose, in- funds for public housing agencies to main- spect to Indian tribes (42 U.S.C. 5306(a)(1)):
cluding Mainstream vouchers, for public tain normal operations and take other nec- Provided, That the amounts made available
housing agencies that experience a signifi- essary actions during the period that the under this heading in this Act are as follows:
cant increase in voucher per-unit costs due program is impacted by coronavirus: Pro- (1) No less than $200,000,000 shall be avail-
to extraordinary circumstances or that, de- vided, That the amount provided under this able for the Native American Housing Block
spite taking reasonable cost savings meas- heading in this Act shall be combined with Grants program, as authorized under title I
ures, as determined by the Secretary, would the amount appropriated for the same pur- of NAHASDA: Provided, That amounts made
otherwise be required to terminate rental as- pose under the same heading of Public Law available under this paragraph shall be dis-
sistance for families as a result of insuffi- 116–94, and distributed to all public housing tributed according to the same funding for-
cient funding: Provided further, That the Sec- agencies pursuant to the Operating Fund for- mula used in fiscal year 2020: Provided fur-
retary shall allocate amounts provided in mula at part 990 of title 24, Code of Federal ther, That such amounts shall be used by re-
the previous proviso based on need, as deter- Regulations: Provided further, That for the cipients to prevent, prepare for, and respond
mined by the Secretary: Provided further, period from the enactment of this Act to coronavirus, including to maintain nor-
dlhill on DSKBBY8HB2PROD with SENATE
That the Secretary may waive, or specify al- through December 31, 2020, such combined mal operations and fund eligible affordable
ternative requirements for, any provision of total amount may be used for eligible activi- housing activities under NAHASDA during
any statute or regulation that the Secretary ties under subsections (d)(1) and (e)(1) of such the period that the program is impacted by
administers in connection with the use of section 9 and for other expenses related to coronavirus: Provided further, That amounts
the amounts made available under this head- preventing, preparing for, and responding to provided under this heading in this Act may
ing and the same heading of Public Law 116– coronavirus, including activities to support be used to cover or reimburse allowable costs
94 (except for requirements related to fair or maintain the health and safety of assisted to prevent, prepare for, and respond to
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2153
coronavirus that are incurred by a recipient, COMMUNITY PLANNING AND DEVELOPMENT suant to section 251(b)(2)(A)(i) of the Bal-
including for costs incurred prior to the date HOUSING OPPORTUNITIES FOR PERSONS WITH anced Budget and Emergency Deficit Control
of enactment of this Act: Provided further, AIDS Act of 1985.
That the Secretary may waive, or specify al- For an additional amount for carrying out COMMUNITY DEVELOPMENT FUND
ternative requirements for, any provision of the ‘‘Housing Opportunities for Persons with For an additional amount for ‘‘Community
any statute or regulation that the Secretary AIDS’’ program, as authorized by the AIDS Development Fund’’, $5,000,000,000, to remain
administers in connection with the use of Housing Opportunity Act (42 U.S.C. 12901 et available until September 30, 2022, to pre-
amounts made available under this para- seq.), $65,000,000, to remain available until vent, prepare for, and respond to
graph or under the same paragraph in Public September 30, 2021, except that amounts allo- coronavirus: Provided, That up to
Law 116–94 (except for requirements related cated pursuant to section 854(c)(5) of such $2,000,000,000 of the amount made available
to fair housing, nondiscrimination, labor Act shall remain available until September under this heading in this Act shall be dis-
standards, and the environment), upon a 30, 2022, to provide additional funds to main- tributed pursuant to section 106 of the Hous-
finding by the Secretary that any such waiv- tain operations and for rental assistance, ing and Community Development Act of 1974
ers or alternative requirements are nec- supportive services, and other necessary ac- (42 U.S.C. 5306) to grantees that received al-
essary to expedite or facilitate the use of tions, in order to prevent, prepare for, and locations pursuant to that same formula in
such amounts to prevent, prepare for, and re- respond to coronavirus: Provided, That not fiscal year 2020, and that such allocations
spond to coronavirus: Provided further, That less than $50,000,000 of the amount provided shall be made within 30 days of enactment of
any such waivers shall be deemed to be effec- under this heading in this Act shall be allo- this Act: Provided further, That, in addition
tive as of the date an Indian tribe or tribally cated pursuant to the formula in section 854 to amounts allocated pursuant to the pre-
of such Act using the same data elements as ceding proviso, an additional $1,000,000,000
designated housing entity began preparing
utilized pursuant to that same formula in shall be allocated directly to States and in-
for coronavirus and shall apply to the
fiscal year 2020: Provided further, That up to sular areas, as defined by 42 U.S.C. 5302(a), to
amounts made available under this para-
$10,000,000 of the amount provided under this prevent, prepare for, and respond to
graph and to the previously appropriated heading in this Act shall be to provide an ad- coronavirus within the State or insular area,
amounts described in the previous proviso; ditional one-time, non-renewable award to including activities within entitlement and
and grantees currently administering existing nonentitlement communities, based on pub-
(2) Up to $100,000,000 shall be available for contracts for permanent supportive housing lic health needs, risk of transmission of
grants to Indian tribes under the Indian that initially were funded under section coronavirus, number of coronavirus cases
Community Development Block Grant pro- 854(c)(5) of such Act from funds made avail- compared to the national average, and eco-
gram under title I of the Housing and Com- able under this heading in fiscal year 2010 nomic and housing market disruptions, and
munity Development Act of 1974, notwith- and prior years: Provided further, That such other factors, as determined by the Sec-
standing section 106(a)(1) of such Act, to pre- awards shall be made proportionally to their retary, using best available data and that
vent, prepare for, and respond to existing grants: Provided further, That such such allocations shall be made within 45 days
coronavirus, for emergencies that constitute awards are not required to be spent on per- of enactment of this Act: Provided further,
imminent threats to health and safety: Pro- manent supportive housing: Provided further, That remaining amounts shall be distributed
vided, That the Secretary shall prioritize, That, notwithstanding section 859(b)(3)(B) of directly to the State or unit of general local
without competition, allocations of these such Act, housing payment assistance for government, at the discretion of the Sec-
amounts for activities and projects designed rent, mortgage, or utilities payments may be retary, according to a formula based on fac-
to prevent, prepare for, and respond to provided for a period of up to 24 months: Pro- tors to be determined by the Secretary,
coronavirus: Provided further, That not to ex- vided further, That, to protect persons who prioritizing risk of transmission of
ceed 20 percent of any grant made with funds are living with HIV/AIDS, such amounts pro- coronavirus, number of coronavirus cases
appropriated under this paragraph shall be vided under this heading in this Act may be compared to the national average, and eco-
expended for planning and management de- used to self-isolate, quarantine, or to provide nomic and housing market disruptions re-
velopment and administration: Provided fur- other coronavirus infection control services sulting from coronavirus: Provided further,
ther, That amounts provided under this head- as recommended by the Centers for Disease That such allocations may be made on a roll-
ing in this Act may be used to cover or reim- Control and Prevention for household mem- ing basis based on the best available data at
burse allowable costs to prevent, prepare for, bers not living with HIV/AIDS: Provided fur- the time of allocation: Provided further, That
and respond to coronavirus incurred by a re- ther, That such amounts may be used to pro- amounts made available in the preceding
cipient, including for costs incurred prior to vide relocation services, including to provide provisos may be used to cover or reimburse
lodging at hotels, motels, or other locations, allowable costs consistent with the purposes
the date of enactment of this Act: Provided
for persons living with HIV/AIDS and house- of this heading in this Act incurred by a
further, That, notwithstanding section
hold members not living with HIV/AIDS: Pro- State or locality regardless of the date on
105(a)(8) of such Act (42 U.S.C. 5305(a)(8)),
vided further, That, notwithstanding section which such costs were incurred: Provided fur-
there shall be no per centum limitation for
856(g) of such Act (42 U.S.C. 12905(g)), a ther, That section 116(b) of such Act (42
the use of funds for public services activities
grantee may use up to 6 percent of its award U.S.C. 5316(b)) and any implementing regula-
to prevent, prepare for, and respond to under this Act for administrative purposes, tions, which requires grantees to submit
coronavirus: Provided further, That the pre- and a project sponsor may use up to 10 per- their final statements of activities no later
vious proviso shall apply to all such activi- cent of its sub-award under this Act for ad- than August 16 of a given fiscal year, shall
ties for grants of funds made available under ministrative purposes: Provided further, That not apply to final statements submitted in
this paragraph or under paragraph (4) of this such amounts provided under this heading in accordance with sections 104(a)(2) and (a)(3)
heading in Public Law 116–94: Provided fur- this Act may be used to cover or reimburse of such Act (42 U.S.C. 5304(a)(2) and (a)(3))
ther, That the Secretary may waive, or speci- allowable costs consistent with the purposes and comprehensive housing affordability
fy alternative requirements for, any provi- of this heading incurred by a grantee or strategies submitted in accordance with sec-
sion of any statute or regulation that the project sponsor regardless of the date on tion 105 of the Cranston-Gonzalez National
Secretary administers in connection with which such costs were incurred: Provided fur- Affordable Housing Act (42 U.S.C. 12705) for
the use of amounts made available under ther, That any regulatory waivers the Sec- fiscal years 2019 and 2020: Provided further,
this paragraph or under paragraph (4) in retary may issue may be deemed to be effec- That such final statements and comprehen-
Public Law 116–94 (except for requirements tive as of the date a grantee began preparing sive housing affordability strategies shall in-
related to fair housing, nondiscrimination, for coronavirus: Provided further, That any stead be submitted no later than August 16,
labor standards, and the environment), upon additional activities or authorities author- 2021: Provided further, That the Secretary
a finding by the Secretary that any such ized pursuant to this Act may also apply at may waive, or specify alternative require-
waivers or alternative requirements are nec- the discretion and upon notice of the Sec- ments for, any provision of any statute or
essary to expedite or facilitate the use of retary to all amounts made available under regulation that the Secretary administers in
such amounts to prevent, prepare for, and re- this same heading in Public Law 116–94 if connection with the use of amounts made
spond to coronavirus: Provided further, That such amounts are used by grantees for the available under this heading in this Act and
any such waivers shall be deemed to be effec- purposes described under this heading: Pro- under the same heading in Public Law 116–94
tive as of the date an Indian tribe began pre- vided further, That up to 2 percent of and Public Law 116–6 (except for require-
paring for coronavirus and shall apply to the amounts made available under this heading ments related to fair housing, non-
amounts made available under this para- in this Act may be used, without competi- discrimination, labor standards, and the en-
graph and to the previously appropriated tion, to increase prior awards made to exist- vironment), upon a finding by the Secretary
dlhill on DSKBBY8HB2PROD with SENATE
amounts described in the previous proviso: ing technical assistance providers to provide that any such waivers or alternative require-
an immediate increase in capacity building ments are necessary to expedite or facilitate
Provided further, That such amount is des- and technical assistance available to grant- the use of such amounts to prevent, prepare
ignated by the Congress as being for an ees under this heading and under the same for, and respond to coronavirus: Provided fur-
emergency requirement pursuant to section heading in prior Acts: Provided further, That ther, That up to $10,000,000 of amounts made
251(b)(2)(A)(i) of the Balanced Budget and such amount is designated by the Congress available under this heading in this Act may
Emergency Deficit Control Act of 1985. as being for an emergency requirement pur- be used to make new awards or increase
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2154 CONGRESSIONAL RECORD — SENATE March 25, 2020
prior awards to existing technical assistance same formula in fiscal year 2020, and that tion by the Secretary or the use by the re-
providers, without competition, to provide such allocations shall be made within 30 days cipient of these amounts (except for require-
an immediate increase in capacity building of enactment of this Act: Provided further, ments related to fair housing, non-
and technical assistance to support the use That, remaining amounts shall be allocated discrimination, labor standards, and the en-
of amounts made available under this head- directly to a State or unit of general local vironment unless otherwise provided under
ing in this Act and under the same heading government by a formula to be developed by this paragraph), if the Secretary finds that
in prior Acts to prevent, prepare for, and re- the Secretary and that such allocations shall good cause exists for the waiver or alter-
spond to coronavirus: Provided further, That, be made within 90 days of enactment of this native requirement and such waiver or alter-
notwithstanding sections 104(a)(2), (a)(3), and Act: Provided further, That such formula native requirement is necessary to prevent,
(c) of the Housing and Community Develop- shall allocate such amounts for the benefit prepare for, and respond to coronavirus: Pro-
ment Act of 1974 (42 U.S.C. 5304(a)(2), (a)(3), of unsheltered homeless, sheltered homeless, vided further, That any such waivers shall be
and (c)) and section 105 of the Cranston-Gon- and those at risk of homelessness, to geo- deemed to be effective as of the date a State
zalez National Affordable Housing Act (42 graphical areas with the greatest need based or unit of local government began preparing
U.S.C. 12705), a grantee may adopt and uti- on factors to be determined by the Sec- for coronavirus and shall apply to the use of
lize expedited procedures to prepare, pro- retary, such as risk of transmission of amounts provided under this heading in this
pose, modify, or amend its statement of ac- coronavirus, high numbers or rates of shel- Act and amounts provided under the same
tivities for grants from amounts made avail- tered and unsheltered homeless, and eco- heading for the Emergency Solutions Grant
able under this heading in this Act and under nomic and housing market conditions as de- program in prior Acts used by recipients to
the same heading in Public Law 116–94 and termined by the Secretary: Provided further, prevent, prepare for, and respond to
Public Law 116–6: Provided further, That That individuals and families whose income coronavirus: Provided further, That the Sec-
under such expedited procedures, the grantee does not exceed the Very Low-Income Limit retary shall notify the public through the
need not hold in-person public hearings, but of the area, as determined by the Secretary, Federal Register or other appropriate means
shall provide citizens with notice and a rea- shall be considered ‘‘at risk of homelessness’’ of any such waiver or alternative require-
sonable opportunity to comment of no less and shall be eligible for homelessness pre- ment, and that such public notice may be
than 5 days: Provided further, That, for as vention if they meet the criteria in section provided, at a minimum, on the Internet at
long as national or local health authorities 401(1)(B) and (C) of such Act (42 U.S.C. the appropriate Government web site or
recommend social distancing and limiting 11360(1)(B) and (C)): Provided further, That through other electronic media, as deter-
public gatherings for public health reasons, a amounts provided under this heading in this mined by the Secretary: Provided further,
Act may be used to cover or reimburse allow- That any additional activities or authorities
grantee may create virtual public hearings
able costs to prevent, prepare for, and re- authorized pursuant to this Act, including
to fulfill applicable public hearing require-
spond to coronavirus that are incurred by a any waivers and alternative requirements es-
ments for all grants from funds made avail-
State or locality, including for costs in- tablished by the Secretary pursuant to this
able under this heading in this Act and under
curred prior to the date of enactment of this Act, may also apply at the discretion and
the same heading in Public Law 116–94 and
Act: Provided further, That recipients may upon notice of the Secretary with respect to
Public Law 116–6: Provided further, That any
deviate from applicable procurement stand- all amounts made available for the Emer-
such virtual hearings shall provide reason-
ards when procuring goods and services to gency Solutions Grants program under the
able notification and access for citizens in
prevent, prepare for, and respond to heading ‘‘Homeless Assistance Grants’’ in
accordance with the grantee’s certifications,
coronavirus: Provided further, That a recipi- any prior Act and used by recipients to pre-
timely responses from local officials to all vent, prepare for, and respond to
citizen questions and issues, and public ac- ent may use up to 10 percent of its allocation
for administrative purposes: Provided further, coronavirus: Provided further, That up to 1
cess to all questions and responses: Provided percent of amounts made available under
That the use of amounts provided under this
further, That, notwithstanding section this heading in this Act may be used to
heading in this Act shall not be subject to
105(a)(8) of the Housing and Community De- make new awards or increase prior awards
the consultation, citizen participation, or
velopment Act of 1974 (42 U.S.C. 5305(a)(8)), made to existing technical assistance pro-
match requirements that otherwise apply to
there shall be no per centum limitation for viders with experience in providing health
the Emergency Solutions Grants program,
the use of funds for public services activities care services to homeless populations, with-
except that a recipient must publish how it
to prevent, prepare for, and respond to out competition, to provide an immediate in-
has and will utilize its allocation, at a min-
coronavirus: Provided further, That the pre- crease in capacity building and technical as-
imum, on the Internet at the appropriate
vious proviso shall apply to all such activi- sistance available to recipients of amounts
Government web site or through other elec-
ties for grants of funds made available under for the Emergency Solutions Grants program
tronic media: Provided further, That the
this heading in this Act and under the same spending cap established pursuant to section under this heading in this Act and under the
heading in Public Law 116–94 and Public Law 415(b) of such Act (42 U.S.C. 11374) shall not same heading in prior Acts: Provided further,
116–6: Provided further, That the Secretary apply to amounts provided under this head- That none of the funds provided under this
shall ensure there are adequate procedures in ing in this Act: Provided further, That heading in this Act may be used to require
place to prevent any duplication of benefits amounts provided under this heading in this people experiencing homelessness to receive
as required by section 312 of the Robert T. Act may be used to provide temporary emer- treatment or perform any other prerequisite
Stafford Disaster Relief and Emergency As- gency shelters (through leasing of existing activities as a condition for receiving shel-
sistance Act (42 U.S.C. 5155) and in accord- property, temporary structures, or other ter, housing, or other services: Provided fur-
ance with section 1210 of the Disaster Recov- means) to prevent, prepare for, and respond ther, That such amount is designated by the
ery Reform Act of 2018 (division D of Public to coronavirus, and that such temporary Congress as being for an emergency require-
Law 115–254; 132 Stat. 3442), which amended emergency shelters shall not be subject to ment pursuant to section 251(b)(2)(A)(i) of
section 312 of the Robert T. Stafford Disaster the minimum periods of use required by sec- the Balanced Budget and Emergency Deficit
Relief and Emergency Assistance Act (42 tion 416(c)(1) of such Act (42 U.S.C. Control Act of 1985.
U.S.C. 5155): Provided further, That such 11375(c)(1)): Provided further, That Federal HOUSING PROGRAMS
amount is designated by the Congress as habitability and environmental review PROJECT-BASED RENTAL ASSISTANCE
being for an emergency requirement pursu- standards and requirements shall not apply
ant to section 251(b)(2)(A)(i) of the Balanced For an additional amount for ‘‘Project-
to the use of such amounts for those tem- Based Rental Assistance’’, $1,000,000,000, to
Budget and Emergency Deficit Control Act porary emergency shelters that have been remain available until expended, to prevent,
of 1985. determined by State or local health officials prepare for, and respond to coronavirus, in-
HOMELESS ASSISTANCE GRANTS to be necessary to prevent, prepare for, and cluding to provide additional funds to main-
For an additional amount for ‘‘Homeless respond to coronavirus: Provided further, tain normal operations and take other nec-
Assistance Grants’’, $4,000,000,000, to remain That amounts provided under this heading in essary actions during the period that the
available until September 30, 2022, to pre- this Act may be used for training on infec- program is impacted by coronavirus, for as-
vent, prepare for, and respond to tious disease prevention and mitigation and sistance to owners or sponsors of properties
coronavirus, among individuals and families to provide hazard pay, including for time receiving project-based assistance pursuant
who are homeless or receiving homeless as- worked prior to the date of enactment of this to section 8 of the United States Housing Act
sistance and to support additional homeless Act, for staff working directly to prevent, of 1937 (42 U.S.C. 1437f et seq.): Provided, That
assistance and homelessness prevention ac- prepare for, and respond to coronavirus the Secretary may waive, or specify alter-
tivities to mitigate the impacts created by among persons who are homeless or at risk native requirements for, any provision of
coronavirus under the Emergency Solutions of homelessness, and that such activities any statute or regulation that the Secretary
Grants program as authorized under subtitle shall not be considered administrative costs administers in connection with the use of
dlhill on DSKBBY8HB2PROD with SENATE
B of title IV of the McKinney-Vento Home- for purposes of the 10 percent cap: Provided amounts made available under this heading
less Assistance Act (42 U.S.C. 11371 et seq.), further, That in administering the amounts in this Act (except for requirements related
as amended: Provided, That up to made available under this heading in this to fair housing, nondiscrimination, labor
$2,000,000,000 of the amount appropriated Act, the Secretary may waive, or specify al- standards, and the environment), upon a
under this heading in this Act shall be dis- ternative requirements for, any provision of finding by the Secretary that any such waiv-
tributed pursuant to 24 CFR 576.3 to grantees any statute or regulation that the Secretary ers or alternative requirements are nec-
that received allocations pursuant to that administers in connection with the obliga- essary to expedite or facilitate the use of
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
March 25, 2020 CONGRESSIONAL RECORD — SENATE S2155
such amounts to prevent, prepare for, and re- quirements related to fair housing, non- senger Corporation’’ and ‘‘National Network
spond to coronavirus, and such waiver or al- discrimination, labor standards, and the en- Grants to the National Railroad Passenger
ternative requirement is consistent with the vironment), upon a finding by the Secretary Corporation’’, the Secretary of Transpor-
purposes described under this heading in this that any such waivers or alternative require- tation may not waive the requirements
Act: Provided further, That the Secretary ments are necessary to expedite or facilitate under section 24312 of title 49, United States
shall notify the public through the Federal the use of such amounts to prevent, prepare Code, and section 24305(f) of title 49, United
Register or other appropriate means of any for, and respond to coronavirus, and such States Code: Provided, That for amounts
such waiver or alternative requirement in waiver or alternative requirement is con- made available by this Act under such head-
order for such waiver or alternative require- sistent with the purposes described under ings the Secretary shall require the National
ment to take effect, and that such public no- this heading in this Act: Provided further, Railroad Passenger Corporation to comply
tice may be provided, at a minimum, on the That the Secretary shall notify the public with the Railway Retirement Act of 1974 (45
Internet at the appropriate Government web through the Federal Register or other appro- U.S.C. 231 et seq.), the Railway Labor Act (45
site or through other electronic media, as de- priate means of any such waiver or alter- U.S.C. 151 et seq.), and the Railroad Unem-
termined by the Secretary: Provided further, native requirement in order for such waiver ployment Insurance Act (45 U.S.C. 351 et
That such amount is designated by the Con- or alternative requirement to take effect, seq.): Provided further, That not later than 7
gress as being for an emergency requirement and that such public notice may be provided, days after the date of enactment of this Act
pursuant to section 251(b)(2)(A)(i) of the Bal- at a minimum, on the Internet at the appro- and each subsequent 7 days thereafter, the
anced Budget and Emergency Deficit Control priate Government web site or through other Secretary shall notify the House and Senate
Act of 1985. electronic media, as determined by the Sec- Committees on Appropriations, the Com-
HOUSING FOR THE ELDERLY retary: Provided further, That such amount is mittee on Transportation and Infrastructure
For an additional amount for ‘‘Housing for designated by the Congress as being for an of the House of Representatives, and the
the Elderly’’, $50,000,000, to remain available emergency requirement pursuant to section Committee on Commerce, Science, and
until September 30, 2023, to prevent, prepare 251(b)(2)(A)(i) of the Balanced Budget and Transportation of the Senate of any Na-
for, and respond to coronavirus, including to Emergency Deficit Control Act of 1985. tional Railroad Passenger Corporation em-
provide additional funds to maintain normal FAIR HOUSING AND EQUAL OPPORTUNITY ployee furloughs as a result of efforts to pre-
operations and take other necessary actions FAIR HOUSING ACTIVITIES
vent, prepare for, and respond to
during the period that the program is im- coronavirus: Provided further, That in the
pacted by coronavirus, for assistance to own- For an additional amount for ‘‘Fair Hous-
event of any National Railroad Passenger
ers or sponsors of properties receiving ing Activities’’, $2,500,000, to remain avail-
Corporation employee furloughs as a result
project-based assistance pursuant to section able until September 30, 2021, for contracts,
of efforts to prevent, prepare for, and re-
202 of the Housing Act of 1959 (12 U.S.C. grants, and other assistance, as authorized
spond to coronavirus, the Secretary shall re-
1701q), as amended: Provided, That of the by title VIII of the Civil Rights Act of 1968,
quire the National Railroad Passenger Cor-
amount provided under this heading in this as amended by the Fair Housing Amend-
poration to provide such employees the op-
Act, up to $10,000,000 shall be for service co- ments Act of 1988, and section 561 of the
portunity to be recalled to their previously
ordinators and the continuation of existing Housing and Community Development Act of
held positions as intercity passenger rail
congregate service grants for residents of as- 1987, to prevent, prepare for, and respond to
service is restored to March 1, 2020 levels and
sisted housing projects: Provided further, coronavirus, of which $1,500,000 shall be for
not later than the date on which intercity
That the Secretary may waive, or specify al- the Fair Housing Assistance Program Part-
passenger rail service has been fully restored
ternative requirements for, any provision of nership for Special Enforcement grants to
to March 1, 2020 levels.
any statute or regulation that the Secretary address fair housing issues relating to SEC. 22003. For the duration of fiscal year
administers in connection with the use of coronavirus, and $1,000,000 shall be for the 2020, section 127(i)(1)(A) of title 23, United
amounts made available under this heading Fair Housing Initiatives Program for edu- States Code, shall read as if and apply to sit-
in this Act (except for requirements related cation and outreach activities under such uations in which: the President has declared
to fair housing, nondiscrimination, labor section 561 to educate the public about fair an emergency or a major disaster under the
standards, and the environment), upon a housing issues related to coronavirus: Pro- Robert T. Stafford Disaster Relief and Emer-
finding by the Secretary that any such waiv- vided, That such amount is designated by the gency Assistance Act (42 U.S.C. 5121 et seq.).
ers or alternative requirements are nec- Congress as being for an emergency require- SEC. 22004. No later than September 30,
essary to expedite or facilitate the use of ment pursuant to section 251(b)(2)(A)(i) of 2020, the remaining unobligated balances of
such amounts to prevent, prepare for, and re- the Balanced Budget and Emergency Deficit funds made available for the youth home-
spond to coronavirus, and such waiver or al- Control Act of 1985. lessness demonstration under the heading
ternative requirement is consistent with the OFFICE OF INSPECTOR GENERAL ‘‘Department of Housing and Urban Develop-
purposes described under this heading in this For an additional amount for ‘‘Office of In- ment—Community Planning and Develop-
Act: Provided further, That the Secretary spector General’’, $5,000,000, to remain avail- ment—Homeless Assistance Grants’’ in the
shall notify the public through the Federal able until expended, to prevent, prepare for, Consolidated Appropriations Act, 2018 (Pub-
Register or other appropriate means of any and respond to coronavirus: Provided, That lic Law 115–141) are hereby permanently re-
such waiver or alternative requirement in the funding made available under this head- scinded, and an amount of additional new
order for such waiver or alternative require- ing in this Act shall be used for conducting budget authority equivalent to the amount
ment to take effect, and that such public no- audits and investigations of projects and ac- rescinded is hereby appropriated, to remain
tice may be provided, at a minimum, on the tivities carried out with funds made avail- available until September 30, 2021, in addi-
Internet at the appropriate Government web able in this Act to the Department of Hous- tion to other funds as may be available for
site or through other electronic media, as de- ing and Urban Development to prevent, pre- such purposes, and shall be available, with-
termined by the Secretary: Provided further, pare for, and respond to coronavirus: Pro- out additional competition, for completing
That such amount is designated by the Con- vided further, That such amount is des- the funding of awards made pursuant to the
gress as being for an emergency requirement ignated by the Congress as being for an fiscal year 2018 youth homelessness dem-
pursuant to section 251(b)(2)(A)(i) of the Bal- emergency requirement pursuant to section onstration.
anced Budget and Emergency Deficit Control 251(b)(2)(A)(i) of the Balanced Budget and HIGHWAY SAFETY GRANTS EMERGENCY
Act of 1985. Emergency Deficit Control Act of 1985. AUTHORITY
HOUSING FOR PERSONS WITH DISABILITIES GENERAL PROVISIONS—THIS TITLE SEC. 22005. (a) IN GENERAL.—The Secretary
For an additional amount for ‘‘Housing for SEC. 22001. Of the amounts made available of Transportation (referred to in this section
Persons with Disabilities’’, $15,000,000, to re- from the Airport and Airway Trust Fund for as the ‘‘Secretary’’) may waive or postpone
main available until September 30, 2023, to ‘‘Federal Aviation Administration—Oper- any requirement under section 402, 404, 405,
prevent, prepare for, and respond to ations’’ in title XI of division B of the Bipar- or 412 of title 23, United States Code, section
coronavirus, including to provide additional tisan Budget Act of 2018 (Public Law 115–123), 4001 of the FAST Act (Public Law 114–94; 129
funds to maintain normal operations and up to $25,000,000 may be used to prevent, pre- Stat. 1497), or part 1300 of title 23, Code of
take other necessary actions during the pe- pare for, and respond to coronavirus: Pro- Federal Regulations (or successor regula-
riod that the program is impacted by vided, That amounts repurposed in this sec- tions), if the Secretary determines that—
coronavirus, for assistance to owners or tion that were previously designated by the (1) the Coronavirus Disease 2019 (COVID-19)
sponsors of properties receiving project- Congress as an emergency requirement pur- is having a substantial impact on—
based assistance pursuant to section 811 of suant to the Balanced Budget and Emer- (A) the ability of States to implement or
the Cranston-Gonzalez National Affordable gency Deficit Control Act of 1985 are des- carry out any grant, campaign, or program
dlhill on DSKBBY8HB2PROD with SENATE
Housing Act (42 U.S.C. 8013), as amended: ignated by the Congress as an emergency re- under those provisions; or
Provided, That the Secretary may waive, or quirement pursuant to section 251(b)(2)(A)(i) (B) the ability of the Secretary to carry
specify alternative requirements for, any of the Balanced Budget and Emergency Def- out any responsibility of the Secretary with
provision of any statute or regulation that icit Control Act of 1985. respect to a grant, campaign, or program
the Secretary administers in connection SEC. 22002. For amounts made available by under those provisions; or
with the use of amounts made available this Act under the headings ‘‘Northeast Cor- (2) the requirements of those provisions are
under this heading in this Act (except for re- ridor Grants to the National Railroad Pas- having a substantial impact on the ability of
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1
S2156 CONGRESSIONAL RECORD — SENATE March 25, 2020
States or the Secretary to address the joint explanatory statement of the com- amended by striking ‘‘$12,000’’ and inserting
Coronavirus Disease 2019 (COVID–19). mittee of conference accompanying Con- ‘‘$19,733’’.
(b) REPORT.—The Secretary shall periodi- ference Report 105–217 and section 250(c)(7) (d) INCREASE IN AGGREGATE AMOUNT OF AS-
cally submit to the relevant committees of and (c)(8) of the Balanced Budget and Emer- SISTANCE FOR ACQUISITION OF HOUSING WITH
Congress a report describing— gency Deficit Control Act of 1985, the budg- SPECIAL FEATURES.—Section 2102(d)(1) of
(1) each determination made by the Sec- etary effects of this division shall be esti- such title is amended by striking ‘‘$63,780’’
retary under subsection (a); and mated for purposes of section 251 of such Act. and inserting ‘‘$98,492’’.
(2) each waiver or postponement of a re- (d) ENSURING NO WITHIN-SESSION SEQUES- (e) INCREASE IN AGGREGATE AMOUNT OF AS-
quirement under that subsection. TRATION.—Solely for the purpose of calcu- SISTANCE FOR ADAPTATIONS TO VETERANS’
(c) EMERGENCY REQUIREMENT.—The amount lating a breach within a category for fiscal RESIDENCES.—Section 2102(d)(2) of such title
provided by this section is designated by the year 2020 pursuant to section 251(a)(6) or sec- is amended by striking ‘‘$12,756’’ and insert-
Congress as being for an emergency require- tion 254(g) of the Balanced Budget and Emer- ing ‘‘$19,733’’.
(f) EFFECTIVE DATE AND APPLICATION.—The
ment pursuant to section 251(b)(2)(A)(i) of gency Deficit Control Act of 1985, and not-
amendments made by this section shall take
the Balanced Budget and Emergency Deficit withstanding any other provision of this di-
effect on October 1, 2020.
Control Act of 1985. vision, the budgetary effects from this divi-
SEC. 4. PROVISION OF ADDITIONAL AMOUNTS OF
TITLE XIII sion shall be counted as amounts designated SPECIALLY ADAPTED HOUSING AS-
as being for an emergency requirement pur- SISTANCE FOR CERTAIN VETERANS.
GENERAL PROVISIONS—THIS ACT
suant to section 251(b)(2)(A) of such Act. Section 2102 of such title, as amended by
SEC. 23001. Each amount appropriated or This division may be cited as the ‘‘Emer- section 3, is further amended by adding at
made available by this Act is in addition to gency Appropriations for Coronavirus Health the end the following new subsection:
amounts otherwise appropriated for the fis- Response and Agency Operations’’. ‘‘(f)(1) Beginning October 1, 2030, notwith-
cal year involved. standing the aggregate amounts specified in
SEC. 23002. No part of any appropriation SA 1579. Mr. MCCONNELL (for Mr. subsection (d), a covered veteran may apply
contained in this Act shall remain available MORAN) proposed an amendment to the for and receive an additional amount of as-
for obligation beyond the current fiscal year bill H.R. 3504, to amend title 38, United sistance under subsection (a) or (b) of section
unless expressly so provided herein. States Code, to provide for improve- 2101 of this title in an amount that does not
SEC. 23003. Unless otherwise provided for by exceed half of the amount specified in sub-
this Act, the additional amounts appro-
ments to the specially adapted housing
program of the Department of Veterans section (d).
priated by this Act to appropriations ac- ‘‘(2) In this subsection, a covered veteran is
counts shall be available under the authori- Affairs, and for other purposes; as fol- a veteran who—
ties and conditions applicable to such appro- lows: ‘‘(A) is described in subsection (a)(2) or
priations accounts for fiscal year 2020. Strike all after the enacting clause and in- (b)(2) of section 2101 of this title;
SEC. 23004. (a) Subject to subsection (b), sert the following: ‘‘(B) as of the date of the veteran’s applica-
and notwithstanding any other provision of SECTION 1. SHORT TITLE. tion for assistance under paragraph (1), most
law, funds made available in this Act, or This Act may be cited as the ‘‘Ryan Kules recently received assistance under this chap-
transferred pursuant to authorization grant- and Paul Benne Specially Adaptive Housing ter more than 10 years before such date; and
ed in this Act, may only be used to prevent, Improvement Act of 2019’’. ‘‘(C) lives in a home that the Secretary de-
prepare for, and respond to coronavirus. SEC. 2. AUTHORITY OF SECRETARY OF VETERANS termines does not have adaptations that are
(b) Subsection (a) shall not apply to sec- AFFAIRS TO ASSIST BLIND VET- reasonably necessary because of the vet-
tions 11002, 13002, and 18114 of this Act, reim- ERANS WHO HAVE NOT LOST USE OF eran’s disability.’’.
bursements made pursuant to authority in A LEG IN ACQUIRING SPECIALLY SEC. 5. TREATMENT OF CERTAIN PREPARATORY
this Act, or to funds made available in this ADAPTED HOUSING. COURSES AS PROGRAMS OF EDU-
Act for the Emergency Reserve Fund, estab- Section 2101 of title 38, United States Code, CATION FOR PURPOSES OF DEPART-
lished pursuant to section 7058(c)(1) of divi- is amended— MENT OF VETERANS AFFAIRS EDU-
sion J of Public Law 115–31, or to funds made (1) in subsection (a)(2)— CATIONAL ASSISTANCE PROGRAMS.
available in this Act for the Infectious Dis- (A) in subparagraph (A)(i), by striking (a) IN GENERAL.—Chapter 33 of title 38,
eases Rapid Response Reserve Fund, estab- ‘‘permanent and total’’; and United States Code, is amended by inserting
lished pursuant to section 231 of division B of (B) in subparagraph (B), after section 3315A the following new sec-
Public Law 115–245. (i) in clauses (i), (iii), (iv), and (v), by in- tion:
(c) This section shall not apply to title VI serting ‘‘permanent and total’’ before ‘‘dis- ‘‘§ 3315B. Preparatory courses for licensure,
of this Act. ability’’; and certification, or national tests
SEC. 23005. In this Act, the term (ii) in clause (ii)— ‘‘(a) IN GENERAL.—An individual entitled
‘‘coronavirus’’ means SARS–CoV–2 or an- (I) by inserting ‘‘permanent’’ before ‘‘dis- to educational assistance under this chapter
other coronavirus with pandemic potential. ability’’; shall also be entitled to payment for a cov-
SEC. 23006. Each amount designated in this (II) by striking ‘‘due to—’’ and inserting ered preparatory course.
Act by the Congress as being for an emer- ‘‘due to blindness in both eyes, having cen- ‘‘(b) AMOUNT.—The amount of educational
gency requirement pursuant to section tral visual acuity of 20/200 or less in the bet- assistance payable under this chapter for a
251(b)(2)(A)(i) of the Balanced Budget and ter eye with the use of a standard correcting covered preparatory course is the lesser of—
Emergency Deficit Control Act of 1985 shall lens. For the purposes of this clause, an eye ‘‘(1) the fee charged for the covered pre-
be available (or rescinded or transferred, if with a limitation in the fields of vision such paratory course; or
applicable) only if the President subse- that the widest diameter of the visual field ‘‘(2) the amount of entitlement available to
quently so designates all such amounts and subtends an angle no greater than 20 degrees the individual under this chapter at the time
transmits such designations to the Congress. shall be considered as having a central visual of payment for the covered preparatory
SEC. 23007. Any amount appropriated by acuity of 20/200 or less.’’; and course under this section.
this Act, designated by the Congress as an (III) by striking subclauses (I) and (II); and ‘‘(c) CHARGE AGAINST ENTITLEMENT.—The
emergency requirement pursuant to section (2) in subsection (b)(2)— number of months of entitlement charged an
251(b)(2)(A)(i) of the Balanced Budget and (A) by striking subparagraph (A); and individual under this chapter for a covered
Emergency Deficit Control Act of 1985 and (B) by redesignating subparagraphs (B) and preparatory course shall be pro-rated based
subsequently so designated by the President, (C) as subparagraphs (A) and (B), respec- on the actual amount of the fee charged for
and transferred pursuant to transfer authori- tively. the covered preparatory course relative to
ties provided by this Act shall retain such SEC. 3. INCREASE IN AMOUNTS OF SPECIALLY the rate for 1 month payable—
designation. ADAPTED HOUSING ASSISTANCE ‘‘(1) for the academic year beginning on
PROVIDED BY DEPARTMENT OF VET- August 1, 2020, $2,042; or
BUDGETARY EFFECTS ERANS AFFAIRS. ‘‘(2) for an academic year beginning on any
SEC. 23008. (a) STATUTORY PAYGO SCORE- (a) INCREASE OF NUMBER OF GRANTS PER subsequent August 1, the amount for the pre-
CARDS.—The budgetary effects of this divi- VETERAN.—Section 2102(d)(3) of such title is vious academic year beginning on August 1
sion shall not be entered on either PAYGO amended— under this subsection, as increased by the
scorecard maintained pursuant to section (1) by striking ‘‘No veteran’’ and inserting percentage increase equal to the most recent
4(d) of the Statutory Pay As-You-Go Act of ‘‘Subject to subsection (f), no veteran’’; and percentage increase determined under sec-
2010. (2) by striking ‘‘three’’ and inserting ‘‘six’’. tion 3015(h).
(b) SENATE PAYGO SCORECARDS.—The (b) INCREASE IN NUMBER OF APPLICATIONS ‘‘(d) COVERED PREPARATORY COURSE DE-
dlhill on DSKBBY8HB2PROD with SENATE
budgetary effects of this division shall not be AUTHORIZED TO BE APPROVED.—Section FINED.—In this section, the term ‘covered
entered on any PAYGO scorecard maintained 2101(a)(4) of such title is amended by striking preparatory course’ means a course—
for purposes of section 4106 of H. Con. Res. 71 ‘‘30 applications’’ and inserting ‘‘120 applica- ‘‘(1) for a licensing or certification test
(115th Congress). tions’’. that is required or used to enter into, main-
(c) CLASSIFICATION OF BUDGETARY EF- (c) INCREASE IN MAXIMUM AMOUNT OF AS- tain, or advance in employment in a pre-
FECTS.—Notwithstanding Rule 3 of the Budg- SISTANCE FOR ADAPTATION TO VETERAN’S RES- determined and identified vocation or profes-
et Scorekeeping Guidelines set forth in the IDENCE.—Section 2102(b)(2) of such title is sion; and
VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1