Download:
pdf |
pdfII
116TH CONGRESS
2D SESSION
S. 3548
To provide emergency assistance and health care response for individuals,
families, and businesses affected by the 2020 coronavirus pandemic.
IN THE SENATE OF THE UNITED STATES
MARCH 19, 2020
Mr. MCCONNELL (for himself, Mr. ALEXANDER, Mr. CRAPO, Mr. GRASSLEY,
Mr. RUBIO, Mr. SHELBY, and Mr. WICKER) introduced the following bill;
which was read twice and referred to the Committee on Finance
A BILL
To provide emergency assistance and health care response
for individuals, families, and businesses affected by the
2020 coronavirus pandemic.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3
SECTION 1. SHORT TITLE.
4
This Act may be cited as the ‘‘Coronavirus Aid, Re-
5 lief, and Economic Security Act’’ or the ‘‘CARES Act’’.
6
SEC. 2. TABLE OF CONTENTS.
kjohnson on DSK79L0C42PROD with BILLS
7
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
DIVISION A—SMALL BUSINESS INTERRUPTION LOANS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\S3548.IS
S3548
2
Sec.
Sec.
Sec.
Sec.
1101.
1102.
1103.
1104.
Sec.
Sec.
Sec.
Sec.
Sec.
1105.
1106.
1107.
1108.
1109.
Definitions.
7(a) loan program.
Entrepreneurial development.
Waiver of matching funds requirement under the women’s business
center program.
Loan forgiveness.
Direct appropriations.
Minority business development agency.
Waiver of prepayment penalty.
United States Treasury Program Management Authority.
DIVISION B—RELIEF FOR INDIVIDUALS, FAMILIES, AND
BUSINESSES
TITLE I—REBATES AND OTHER INDIVIDUAL PROVISIONS
Sec.
Sec.
Sec.
Sec.
2101.
2102.
2103.
2104.
2020 recovery rebates for individuals.
Delay of certain deadlines.
Special rules for use of retirement funds.
Allowance of partial above the line deduction for charitable contributions.
Sec. 2105. Modification of limitations on charitable contributions during 2020.
TITLE II—BUSINESS PROVISIONS
Sec.
Sec.
Sec.
Sec.
2201.
2202.
2203.
2204.
Sec. 2205.
Sec. 2206.
Sec. 2207.
Sec. 2208.
Sec. 2209.
Delay of estimated tax payments for corporations.
Delay of payment of employer payroll taxes.
Modifications for net operating losses.
Modification of limitation on losses for taxpayers other than corporations.
Modification of credit for prior year minimum tax liability of corporations.
Modification of limitation on business interest.
Technical amendments regarding qualified improvement property.
Installments not to prevent credit or refund of overpayments or increase estimated taxes.
Restoration of limitation on downward attribution of stock ownership in applying constructive ownership rules.
DIVISION C—ASSISTANCE TO SEVERELY DISTRESSED SECTORS
OF THE UNITED STATES ECONOMY
TITLE I—ECONOMIC STABILIZATION
kjohnson on DSK79L0C42PROD with BILLS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
3101.
3102.
3103.
3104.
3105.
3106.
3107.
3108.
Short title.
Emergency relief through loans and loan guarantees.
Limitation on certain employee compensation.
Continuation of certain air service.
Reports.
Coordination with Secretary of Transportation.
Definitions.
Rule of construction.
TITLE II—AVIATION EXCISE TAXES
Sec. 3201. Suspension of certain aviation excise taxes.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\S3548.IS
S3548
3
DIVISION D—HEALTH CARE RESPONSE
TITLE I—HEALTH PROVISIONS
Subtitle A—Addressing Supply Shortages
PART I—MOVING
THE
STRATEGIC NATIONAL STOCKPILE
TO
ASPR
Sec. 4101. Moving the strategic national stockpile to ASPR.
PART II—MEDICAL PRODUCT SUPPLIES
Sec. 4111. National Academies report on America’s medical product supply
chain security.
Sec. 4112. Requiring the strategic national stockpile to include certain types of
medical supplies.
Sec. 4113. Treatment of respiratory protective devices as covered countermeasures.
PART III—MITIGATING EMERGENCY DRUG SHORTAGES
Sec. 4121. Prioritize reviews of drug applications; incentives.
Sec. 4122. Additional manufacturer reporting requirements in response to drug
shortages.
Sec. 4123. GAO report on intra-agency coordination.
Sec. 4124. Report.
Sec. 4125. Safe harbor provision.
PART IV—PREVENTING ESSENTIAL MEDICAL DEVICE SHORTAGES
Sec. 4131. Discontinuance or interruption in the production of medical devices.
Sec. 4132. GAO report on intra-agency coordination.
PART V—EMERGENCY USE
OF
LABORATORY DEVELOPED TESTS
Sec. 4141. Emergency use of laboratory developed tests.
Subtitle B—Access to Health Care for COVID-19 Patients
PART I—COVERAGE
OF
TESTING
AND
PREVENTIVE SERVICES
Sec. 4201. Coverage of diagnostic testing for COVID-19.
Sec. 4202. Pricing of diagnostic testing.
Sec. 4203. Rapid coverage of preventive services and vaccines for coronavirus.
PART II—SUPPORT
kjohnson on DSK79L0C42PROD with BILLS
Sec.
Sec.
Sec.
Sec.
FOR
HEALTH CARE PROVIDERS
4211.
4212.
4213.
4214.
Supplemental awards for health centers.
Allowing permanent direct hire of NDMS health care professionals.
Telehealth network and telehealth resource centers grant programs.
Rural health care services outreach, rural health network development, and small health care provider quality improvement
grant programs.
Sec. 4215. United States Public Health Service Modernization.
Sec. 4216. Limitation on liability for volunteer health care professionals during
covid-19 emergency response.
PART III—MISCELLANEOUS PROVISIONS
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\S3548.IS
S3548
4
Sec. 4221. Confidentiality and disclosure of records relating to substance use
disorder.
Sec. 4222. Nutrition services.
Sec. 4223. Guidance on protected health information.
Sec. 4224. Reauthorization of healthy start program.
Subtitle C—Innovation
Sec. 4301. Removing the cap on OTA.
Sec. 4302. Extending the priority review program for agents that present national security threats.
Sec. 4303. Priority zoonotic animal drugs.
Subtitle D—Finance Committee
Sec. 4401. Exemption for telehealth services.
Sec. 4402. Inclusion of certain over-the-counter medical products as qualified
medical expenses.
Sec. 4403. Treatment of direct primary care service arrangements.
Sec. 4404. Increasing Medicare telehealth flexibilities during emergency period.
Sec. 4405. Enhancing Medicare telehealth services for Federally qualified
health centers and rural health clinics during emergency period.
Sec. 4406. Temporary waiver of requirement for face-to-face visits between
home dialysis patients and physicians.
Sec. 4407. Improving care planning for Medicare home health services.
Sec. 4408. Adjustment of sequestration.
Sec. 4409. Medicare hospital inpatient prospective payment system add-on payment for covid–19 patients during emergency period.
Sec. 4410. Revising payment rates for durable medical equipment under the
Medicare program through duration of emergency period.
Sec. 4411. Providing home and community-based services in acute care hospitals.
Sec. 4412. Treatment of technology-enabled collaborative learning and capacity
building models as medical assistance.
Sec. 4413. Encouraging the development and use of DISARM antimicrobial
drugs.
Sec. 4414. Novel medical products.
kjohnson on DSK79L0C42PROD with BILLS
TITLE II—EDUCATION PROVISIONS
Sec.
Sec.
Sec.
Sec.
4501.
4502.
4503.
4504.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
4505.
4506.
4507.
4508.
4509.
4510.
4511.
4512.
4513.
Short title.
Definitions.
Campus-based aid waivers.
Use of supplemental educational opportunity grants for emergency
aid.
Federal work-study during a qualifying emergency.
Adjustment of subsidized loan usage limits.
Exclusion from Federal Pell Grant duration limit.
Institutional refunds and Federal student loan flexibility.
Satisfactory progress.
Continuing education at affected foreign institutions.
National emergency educational waivers.
HBCU Capital financing.
Temporary relief for federal student loan borrowers.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6211
E:\BILLS\S3548.IS
S3548
5
Sec. 4514. Provisions related to the Corporation for National and Community
Service.
Sec. 4515. Workforce response activities.
Sec. 4516. Technical amendments.
TITLE III—LABOR PROVISIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
4601.
4602.
4603.
4604.
4605.
4606.
4607.
Limitation on paid leave.
Emergency Paid Sick Leave Act Limitation.
Regulatory Authorities under the Emergency Paid Sick Leave Act.
Unemployment insurance.
OMB Waiver of Paid Family and Paid Sick Leave.
Paid leave for rehired employees.
Advance refunding of credits.
DIVISION E—TEMPORARY PERMIT USE TO GUARANTEE MONEY
MARKET MUTUAL FUNDS
Sec. 5001. Non-applicability of restrictions on ESF during national emergency.
DIVISION F—BUDGETARY PROVISIONS
Sec. 6001. Emergency designation.
DIVISION A—SMALL BUSINESS
INTERRUPTION LOANS
1
2
3
SEC. 1101. DEFINITIONS.
4
In this division—
5
(1) the terms ‘‘Administration’’ and ‘‘Adminis-
6
trator’’ mean the Small Business Administration
7
and the Administrator thereof; and
8
(2) the term ‘‘small business concern’’ has the
9
meaning given the term in section 3 of the Small
10
11
Business Act (15 U.S.C. 632).
SEC. 1102. 7(a) LOAN PROGRAM.
12
(a) DEFINITION
OF
COVERED PERIOD.—In this sec-
kjohnson on DSK79L0C42PROD with BILLS
13 tion, the term ‘‘covered period’’ means the period begin14 ning on March 1, 2020 and ending on December 31, 2020.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
6
1
(b) INCREASED ELIGIBILITY
FOR
CERTAIN SMALL
2 BUSINESSES AND ORGANIZATIONS.—
3
(1) IN
GENERAL.—During
the covered period,
4
any business concern, private nonprofit organization,
5
or public nonprofit organization which employs not
6
more than 500 employees shall be eligible to receive
7
a loan made under section 7(a) of the Small Busi-
8
ness Act (15 U.S.C. 636(a)), in addition to small
9
business concerns.
10
(2) EXCLUSION
OF
NONPROFITS
RECEIVING
11
MEDICAID EXPENDITURES.—Paragraph
12
apply to a nonprofit entity eligible for payment for
13
items or services furnished under a State plan under
14
title XIX of the Social Security Act (42 U.S.C. 1396
15
et seq.) or under a waiver of such plan.
16
(c) MAXIMUM LOAN AMOUNT.—During the covered
(1) shall not
17 period, with respect to any loan guaranteed under section
18 7(a) of the Small Business Act (15 U.S.C. 636(a)) for
19 which an application is approved or pending approval on
20 or after the date of enactment of this Act, the maximum
21 loan amount shall be the lesser of—
kjohnson on DSK79L0C42PROD with BILLS
22
(1) the product obtained by multiplying—
23
(A) the average total monthly payments by
24
the applicant for payroll, mortgage payments,
25
rent payments, and payments on any other debt
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
7
1
obligations incurred during the 1 year period
2
before the date on which the loan is made, ex-
3
cept that, in the case of an applicant that is
4
seasonal employer, as determined by the Ad-
5
ministrator, the average total monthly pay-
6
ments for payroll shall be for the period begin-
7
ning March 1, 2019 and ending June 30, 2019;
8
by
9
(B) 4; or
10
11
(2) $10,000,000.
(d) ALLOWABLE USES OF PROGRAM LOANS.—
kjohnson on DSK79L0C42PROD with BILLS
12
(1) IN
GENERAL.—During
the covered period, a
13
recipient of a loan made under section 7(a) of the
14
Small Business Act (15 U.S.C. 636(a)) (including a
15
recipient of assistance under the Community Advan-
16
tage Pilot Program of the Administration) may, in
17
addition to the allowable uses of such a loan, use the
18
proceeds of the loan for—
19
(A) payroll support, including paid sick,
20
medical, or family leave, and costs related to
21
the continuation of group health care benefits
22
during those periods of leave;
23
(B) employee salaries;
24
(C) mortgage payments;
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
8
1
(D) rent (including rent under a lease
2
agreement);
3
(E) utilities; and
4
(F) any other debt obligations that were
5
incurred before the covered period.
6
(2) DELEGATED
7
(A) IN
GENERAL.—For
purposes of mak-
8
ing loans for the purposes described in para-
9
graph (1), a lender under section 7(a) of the
10
Small Business Act (15 U.S.C. 636(a)) shall be
11
considered to have delegated authority to make
12
and approve loans under such section 7(a)
13
based on an evaluation of the eligibility of the
14
borrower.
15
(B) CONSIDERATIONS.—In evaluating the
16
eligibility of a borrower for a loan under section
17
7(a) of the Small Business Act (15 U.S.C.
18
636(a)) with the terms described in this sub-
19
section and subsection (c), a lender shall only
20
consider whether the borrower—
21
(i) was in operation on March 1,
22
2020; and
23
kjohnson on DSK79L0C42PROD with BILLS
AUTHORITY.—
(ii) had employees for whom the bor-
24
rower paid salaries and payroll taxes.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
9
1
(3) LIMITATION.—A borrower that receives as-
2
sistance under section 7(b)(2) of the Small Business
3
Act (15 U.S.C. 636(b)(2)) related to COVID–19 for
4
purposes of paying payroll and providing payroll
5
support shall not be eligible for a loan described in
6
paragraph (1) for the same purpose.
7
(e) FEE WAIVER
FOR
7(A) LOANS.—During the cov-
8 ered period, with respect to each loan guaranteed under
9 section 7(a) of the Small Business Act (15 U.S.C.
10 636(a))—
11
(1) in lieu of the fee otherwise applicable under
12
section 7(a)(23)(A) of the Small Business Act (15
13
U.S.C. 636(a)(23)(A)), the Administrator shall col-
14
lect no fee or reduce fees to the maximum extent
15
possible; and
16
(2) for which the application is approved on or
17
after the date of enactment of this Act, the Adminis-
18
trator shall, in lieu of the fee otherwise applicable
19
under section 7(a)(18)(A) of the Small Business Act
20
(15 U.S.C. 636(a)(18)(A)), collect no fee or reduce
21
fees to the maximum extent possible.
22
(f) GUARANTEE AMOUNT FOR 7(A) LOANS.—
kjohnson on DSK79L0C42PROD with BILLS
23
(1) IN
GENERAL.—Section
7(a)(2)(A) of the
24
Small Business Act (15 U.S.C. 636(a)(2)(A)) is
25
amended by striking ‘‘equal to—’’ and all that fol-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
10
1
lows through the end of the subparagraph and in-
2
serting ‘‘equal to 100 percent of the balance of the
3
financing outstanding at the time of disbursement of
4
the loan.’’.
5
(2) PROSPECTIVE
ary 1, 2021, section 7(a)(2)(A) of the Small Busi-
7
ness Act (15 U.S.C. 636(a)(2)(A)) is amended by
8
striking ‘‘equal to 100 percent of the balance of fi-
9
nancing outstanding at the time of disbursement of
the loan’’ and inserting ‘‘equal to—
11
‘‘(i) 75 percent of the balance of the
12
financing outstanding at the time of dis-
13
bursement of the loan, if such balance ex-
14
ceeds $150,000; or
15
‘‘(ii) 85 percent of the balance of the
16
financing outstanding at the time of dis-
17
bursement of the loan, if such balance is
18
less than or equal to $150,000.’’.
19
(g) DEFERMENT OF 7(A) LOANS.—
20
(1) DEFINITIONS .—
21
(A) ELIGIBLE
22
gible borrower’’ means—
BORROWER.—The
term ‘‘eli-
23
(i) a small business concern; or
24
(ii) an organization made eligible by
25
subsection (b) of this section for a loan
•S 3548 IS
VerDate Sep 11 2014
on Janu-
6
10
kjohnson on DSK79L0C42PROD with BILLS
REPEAL.—Effective
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
11
1
under section 7(a) of the Small Business
2
Act (15 U.S.C. 636(a)).
3
(B) IMPACTED
4
(i) IN
GENERAL.—In
this subsection,
5
the term ‘‘impacted borrower’’ means an
6
eligible borrower that—
7
(I) is in operation on March 1,
8
2020; and
9
(II) has an application for a loan
10
made under section 7(a) of the Small
11
Business Act (15 U.S.C. 636(a)) that
12
is approved or pending approval on or
13
after the date of enactment of this
14
Act.
15
(ii) PRESUMPTION.—For purposes of
16
this subsection, an impacted borrower is
17
presumed to have been adversely impacted
18
by COVID–19.
19
20
kjohnson on DSK79L0C42PROD with BILLS
BORROWER.—
(2) DEFERRAL.—During the covered period,
the Administrator shall—
21
(A) consider each eligible borrower that
22
applies for a loan under section 7(a) of the
23
Small Business Act (15 U.S.C. 636(a)) to be an
24
impacted borrower; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
12
1
(B) require lenders under such section 7(a)
2
to provide complete payment deferment relief
3
for impacted borrowers with loans guaranteed
4
under such section 7(a) for a period of not
5
more than 1 year.
6
(3) SECONDARY
MARKET.—During
the covered
7
period, with respect to a loan made under 7(a) of
8
the Small Business Act (15 U.S.C. 636(a)) that is
9
sold on the secondary market, if an investor declines
10
to approve a deferral requested by a lender under
11
paragraph (2), the Administrator shall exercise the
12
authority to purchase the loan so that the impacted
13
borrower may receive a deferral for a period of not
14
more than 1 year.
15
(4) GUIDANCE.—Not later than 30 days after
16
the date of enactment of this Act, the Administrator
17
shall provide guidance to lenders under section 7(a)
18
of the Small Business Act (15 U.S.C. 636(a)) on the
19
deferment process described in this subsection.
20
(h) COMMITMENTS
FOR
7(A) LOANS.—During the
kjohnson on DSK79L0C42PROD with BILLS
21 covered period—
22
(1) there shall be no limitation on the commit-
23
ments for general business loans authorized under
24
section 7(a) of the Small Business Act (15 U.S.C.
25
636(a)); and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
13
1
(2) the amount authorized for commitments for
2
such loans under the heading ‘‘BUSINESS
3
PROGRAM ACCOUNT’’
4
BUSINESS ADMINISTRATION’’ under title V of the
5
Consolidated Appropriations Act, 2020 (Public Law
6
116–93; 133 Stat. 2475) shall not apply.
7
(i) EXPRESS LOANS.—
8
(1) IN
GENERAL.—Section
7(a)(31)(D) of the
Small Business Act (15 U.S.C. 636(a)(31)(D)) is
10
amended by striking ‘‘$350,000’’ and inserting
11
‘‘$1,000,000’’.
(2) PROSPECTIVE
REPEAL.—Effective
on Janu-
13
ary 1, 2021, section 7(a)(31)(D) of the Small Busi-
14
ness Act (15 U.S.C. 636(a)(31)(D)) is amended by
15
striking ‘‘$1,000,000’’ and inserting ‘‘$350,000’’.
16
SEC. 1103. ENTREPRENEURIAL DEVELOPMENT.
17
(a) DEFINITIONS.—In this section—
18
(1) the term ‘‘covered small business concern’’
19
means a small business concern that is located in an
20
area that is substantially affected by the COVID–19;
21
(2) the term ‘‘resource partner’’ means—
22
(A) a small business development center;
23
kjohnson on DSK79L0C42PROD with BILLS
under the heading ‘‘SMALL
9
12
and
24
(B) a women’s business center;
•S 3548 IS
VerDate Sep 11 2014
LOANS
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
14
1
(3) the term ‘‘small business development cen-
2
ter’’ has the meaning given the term in section 3 of
3
the Small Business Act (15 U.S.C. 632);
4
(4) the term ‘‘substantially affected by COVID–
5
19’’ means, with respect to a covered small business
6
concern, that the covered small business concern has
7
experienced—
8
(A) supply chain disruptions, including
9
changes in—
10
(i) quantity and lead time, including
11
the number of shipments of components
12
and delays in shipments;
13
(ii) quality, including shortages in
14
supply for quality control reasons; and
kjohnson on DSK79L0C42PROD with BILLS
15
(iii) technology, including a com-
16
promised payment network;
17
(B) staffing challenges;
18
(C) a decrease in sales or customers; or
19
(D) shuttered businesses; and
20
(5) the term ‘‘women’s business center’’ means
21
a women’s business center described in section 29 of
22
the Small Business Act (15 U.S.C. 656).
23
(b)
EDUCATION,
TRAINING,
AND
24 GRANTS.—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
ADVISING
15
1
(1) IN
Administration may
2
provide financial assistance in the form of grants to
3
resource partners to provide education, training, and
4
advising to covered small business concerns.
5
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—The
(2) USE
OF FUNDS.—Grants
under this sub-
6
section shall be used for the education, training, and
7
advising of covered small business concerns and
8
their employees on—
9
(A) accessing and applying for resources
10
provided by the Administration and other Fed-
11
eral resources relating to access to capital and
12
business resiliency;
13
(B) the hazards and prevention of the
14
transmission and communication of COVID–19
15
and other communicable diseases;
16
(C) the potential effects of COVID–19 on
17
the supply chains, distribution, and sale of
18
products of covered small business concerns and
19
the mitigation of those effects;
20
(D) the management and practice of
21
telework to reduce possible transmission of
22
COVID–19;
23
(E) the management and practice of re-
24
mote customer service by electronic or other
25
means;
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
16
1
(F) the risks of and mitigation of cyber
2
threats in remote customer service or telework
3
practices;
4
(G) the mitigation of the effects of reduced
5
travel or outside activities on covered small
6
business concerns during COVID–19 or similar
7
occurrences; and
8
(H) any other relevant business practices
9
necessary to mitigate the economic effects of
10
COVID–19 or similar occurrences.
11
(3) GRANT
12
(A) SMALL
BUSINESS DEVELOPMENT CEN-
13
TERS.—The
14
cent of funds authorized to carry out this sub-
15
section to small business development centers,
16
which shall be awarded pursuant to a formula
17
jointly developed, negotiated, and agreed upon,
18
with full participation of both parties, between
19
the
20
21(a)(3)(A) of the Small Business Act (15
21
U.S.C. 648(a)(3)(A)) and the Administration.
22
kjohnson on DSK79L0C42PROD with BILLS
DETERMINATION.—
Administration shall award 80 per-
association
(B) WOMEN’S
formed
under
BUSINESS CENTERS.—The
23
Administration shall award 20 percent of funds
24
authorized to carry out this subsection to wom-
25
en’s business centers, which shall be awarded
•S 3548 IS
VerDate Sep 11 2014
section
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
17
1
pursuant to a process established by the Ad-
2
ministration in consultation with recipients of
3
assistance.
4
(C) NO
5
Matching funds shall not be required for any
6
grant under this subsection.
7
(4) GOALS
8
kjohnson on DSK79L0C42PROD with BILLS
MATCHING FUNDS REQUIRED.—
AND METRICS.—
(A) IN
GENERAL.—Goals
and metrics for
9
the funds made available under this subsection
10
shall be jointly developed, negotiated, and
11
agreed upon, with full participation of both par-
12
ties, between the resource partners and the Ad-
13
ministrator, which shall—
14
(i) take into consideration the extent
15
of the circumstances relating to the spread
16
of COVID–19, or similar occurrences, that
17
affect covered small business concerns lo-
18
cated in the areas covered by the resource
19
partner, particularly in rural areas or eco-
20
nomically distressed areas;
21
(ii) generally follow the use of funds
22
outlined in paragraph (2), but shall not re-
23
strict the activities of resource partners in
24
responding to unique situations; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
18
1
(iii) encourage resource partners to
2
develop and provide services to covered
3
small business concerns.
4
(B) PUBLIC
trator shall make publicly available the method-
6
ology by which the Administrator and resource
7
partners jointly develop the metrics and goals
8
described in subparagraph (A).
(c) RESOURCE PARTNER ASSOCIATION GRANTS.—
10
(1) IN
GENERAL.—The
Administrator may pro-
11
vide grants to an association or associations rep-
12
resenting resource partners to establish a centralized
13
hub for COVID–19 information, which shall in-
14
clude—
15
(A) an online platform that consolidates
16
resources and information available across mul-
17
tiple Federal agencies for small business con-
18
cerns related to COVID–19; and
19
(B) a training program to educate resource
20
partner counselors on the resources and infor-
21
mation described in subparagraph (A).
22
(2) GOALS
AND METRICS.—Goals
and metrics
23
for the funds made available under this subsection
24
shall be jointly developed, negotiated, and agreed
25
upon, with full participation of both parties, between
•S 3548 IS
VerDate Sep 11 2014
Adminis-
5
9
kjohnson on DSK79L0C42PROD with BILLS
AVAILABILITY.—The
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
19
1
the association or associations receiving a grant
2
under this subsection and the Administrator.
3
(d) REPORT.—Not later than 6 months after the date
4 of enactment of this Act, and annually thereafter, the Ad5 ministrator shall submit to the Committee on Small Busi6 ness and Entrepreneurship of the Senate and the Com7 mittee on Small Business of the House of Representatives
8 a report—
9
10
(1) that describes, with respect to the initial
year covered by the report—
11
(A) the programs and services developed
12
and provided by the Administration and re-
13
source partners under subsection (b);
14
(B) the initial efforts to provide those serv-
15
ices under subsection (b); and
16
(C) the online platform and training devel-
17
oped and provided by the Administration and
18
the association or associations under subsection
19
(c); and
20
(2) that describes, with respect to the subse-
21
quent years covered by the report—
22
(A) with respect to the grant program
kjohnson on DSK79L0C42PROD with BILLS
23
under subsection (b)—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
20
1
(i) the efforts of the Administrator
2
and resource partners to develop services
3
to assist covered small business concerns;
4
(ii) the challenges faced by owners of
5
covered small business concerns in access-
6
ing services provided by the Administration
7
and resource partners;
8
(iii) the number of unique covered
9
small business concerns that were served
10
by the Administration and resource part-
11
ners; and
12
(iv) other relevant outcome perform-
13
ance data with respect to covered small
14
business concerns, including the number of
15
employees affected, the effect on sales, the
16
disruptions of supply chains, and the ef-
17
forts made by the Administration and re-
18
source partners to mitigate these effects;
19
and
20
(B) with respect to the grant program
kjohnson on DSK79L0C42PROD with BILLS
21
under subsection (c)—
22
(i) the efforts of the Administrator
23
and the association or associations to de-
24
velop and evolve an online resource for
25
small business concerns; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
21
1
(ii) the efforts of the Administrator
2
and the association or associations to de-
3
velop a training program for resource part-
4
ner counselors, including the number of
5
counselors trained.
6
SEC. 1104. WAIVER OF MATCHING FUNDS REQUIREMENT
7
UNDER THE WOMEN’S BUSINESS CENTER
8
PROGRAM.
9
During the 3-month period beginning on the date of
10 enactment of this Act, the requirement relating to obtain11 ing cash contributions from non-Federal sources under
12 section 29(c)(1) of the Small Business Act (15 U.S.C.
13 656(c)(1)) is waived for any recipient of assistance under
14 such section 29.
15
SEC. 1105. LOAN FORGIVENESS.
kjohnson on DSK79L0C42PROD with BILLS
16
(a) DEFINITIONS.—In this section—
17
(1) the term ‘‘covered 7(a) loan’’ means a loan
18
guaranteed under section 7(a) of the Small Business
19
Act (15 U.S.C. 636(a)) that is made during the cov-
20
ered period;
21
(2) the term ‘‘covered period’’ means the period
22
beginning on March 1, 2020 and ending on June 30,
23
2020;
24
25
(3) the term ‘‘eligible recipient’’ means the recipient of a covered 7(a) loan; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
22
1
(4) the term ‘‘payroll costs’’ shall not include—
2
(A) the compensation of an individual em-
3
ployee in excess of $33,333 during the covered
4
period;
5
(B) qualified sick leave wages for which a
6
credit is allowed under section 7001 of the
7
Families First Coronavirus Response Act; or
8
(C) qualified family leave wages for which
9
a credit is allowed under section 7003 of the
10
11
Families First Coronavirus Response Act.
(b) FORGIVENESS.—An eligible recipient shall be eli-
12 gible for forgiveness of indebtedness on a covered 7(a) loan
13 in an amount equal to the cost of maintaining payroll con14 tinuity during the covered period.
15
(c) TREATMENT OF AMOUNTS FORGIVEN.—
16
(1) IN
which have been
17
forgiven under this section shall be considered can-
18
celed indebtedness by lenders authorized under sec-
19
tion 7(a) of the Small Business Act (15 U.S.C.
20
636(a)).
21
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—Amounts
(2) FOR
PURPOSES OF REDEMPTION OF GUAR-
22
ANTEES.—For
23
guarantee by the lender for a covered 7(a) loan,
24
amounts which are forgiven under this section shall
25
be treated as a default, in accordance with the pro-
purposes of the redemption of a
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
23
1
cedures that are otherwise applicable to a default on
2
a loan guaranteed under section 7(a) of the Small
3
Business Act (15 U.S.C. 636(a)).
4
(d) LIMITS ON AMOUNT OF FORGIVENESS.—
5
(1) IN
amount of loan forgive-
6
ness under this section for an eligible recipient shall
7
not exceed the sum of—
8
(A) the total payroll costs incurred by the
9
eligible recipient during the covered period; and
10
(B) the amount of payments made during
11
the covered period on debt obligations that were
12
incurred before the covered period.
13
(2) REDUCTION
14
BASED ON REDUCTION IN NUM-
BER OF EMPLOYEES.—
15
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—The
(A) IN
GENERAL.—The
amount of loan
16
forgiveness under this section shall be reduced
17
by the percentage equal to the difference ob-
18
tained by subtracting—
19
(i) the quotient obtained by dividing—
20
(I) the average number of full-
21
time equivalent employees per month
22
employed by the eligible recipient dur-
23
ing the covered period; by
24
(II)(aa) the average number of
25
full time equivalent employees per
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
24
1
month employed by the eligible recipi-
2
ent during the period beginning on
3
March 1, 2019 and ending on June
4
30, 2019; or
5
(bb) in the case of an eligible re-
6
cipient that is seasonal employer, as
7
determined by the Administrator, the
8
average number of full-time equivalent
9
employees per month employed by the
10
eligible recipient during the period be-
11
ginning on March 1, 2019 and ending
12
on June 30, 2019; from
13
(ii) 1.
kjohnson on DSK79L0C42PROD with BILLS
14
(B) CALCULATION
OF AVERAGE NUMBER
15
OF EMPLOYEES.—The
16
time equivalent employees shall be determined
17
by calculating the average number of employees
18
for each pay period falling within a month.
19
(3) REDUCTION
average number of full-
RELATING
TO
COMPENSA-
20
TION.—The
21
section shall also be reduced by the amount of any
22
reduction in excess of 25 percent of compensation in
23
the most recent full quarter in which the employee
24
was paid in compensation during the covered period
25
of any employee who was compensated—
amount of loan forgiveness under this
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
25
1
(A) in an amount less than $33,333 during
2
the period beginning on March 1, 2019 and
3
ending on June 30, 2019; or
4
(B) not more than $100,000 on annualized
5
basis during 2019.
6
(4) EXCEPTION
FOR TIPPED WORKERS.—An
el-
7
igible recipient with tipped employees described in
8
section 3(m)(2)(A) of the Fair Labor Standards Act
9
of 1938 (29 U.S.C. 203(m)(2)(A)) may receive for-
10
giveness for additional wages paid to those employ-
11
ees.
12
(e) APPLICATION.—An eligible recipient seeking loan
13 forgiveness under this section shall submit to the lender
14 that originated the covered 7(a) loan an application, which
15 shall include documentation verifying the number of full16 time equivalent employees on payroll and pay rates for the
17 periods described in subsection (d), including—
18
19
(1) payroll tax filings reported to the Internal
Revenue Service;
20
kjohnson on DSK79L0C42PROD with BILLS
21
(2) State income, payroll, and unemployment
insurance filings;
22
(3) financial statements verifying payment on
23
debt obligations incurred before the covered period;
24
and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
26
1
(4) any other documentation the Administrator
2
determines necessary.
3
(f) CERTIFICATION.—An eligible recipient receiving
4 loan forgiveness under this section shall make a good faith
5 certification that the uncertainty of current economic con6 ditions justifies the loan request to support the ongoing
7 operations of the borrower, and acknowledges that funds
8 will be used to retain workers and maintain payroll.
9
10
(g) PROHIBITION
MENTATION.—No
ON
FORGIVENESS WITHOUT DOCU-
eligible recipient shall receive forgive-
11 ness under this section without submitting to the lender
12 that originated the covered 7(a) loan the documentation
13 required under subsection (e).
14
(h) DECISION.—Not later than 15 days after the date
15 on which a lender receives an application for loan forgive16 ness under this section from an eligible recipient, the lend17 er shall issue a decision on the an application.
18
(i) TAXABILITY.—Canceled indebtedness under this
19 section shall be excluded from gross income for purposes
20 of the Internal Revenue Code of 1986.
21
(j) RULE
OF
CONSTRUCTION.—The cancellation of
22 indebtedness on a covered 7(a) loan under this section
kjohnson on DSK79L0C42PROD with BILLS
23 shall not otherwise modify the terms and conditions of the
24 covered 7(a) loan.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
27
1
(k) REGULATIONS.—Not later than 30 days after the
2 date of enactment of this Act, the Administrator shall
3 issue guidance and regulations implementing this section.
4
SEC. 1106. DIRECT APPROPRIATIONS.
5
(a) IN GENERAL.—There is appropriated, out of
6 amounts in the Treasury not otherwise appropriated, for
7 the fiscal year ending September 30, 2020, to remain
8 available until September 30, 2021, for additional
9 amounts—
kjohnson on DSK79L0C42PROD with BILLS
10
(1)
$299,400,000,000
under
the
11
‘‘Small Business Administration—Business Loans
12
Program Account’’ for the cost of guaranteed loans
13
as authorized under section 7(a) of the Small Busi-
14
ness Act (15 U.S.C. 636(a));
15
(2) $300,000,000 under the heading ‘‘Small
16
Business Administration—Salaries and Expenses’’
17
for salaries and expenses of the Administration;
18
(3) $25,000,000 under the heading ‘‘Small
19
Business Administration—Office of Inspector Gen-
20
eral’’ for necessary expenses of the Office of Inspec-
21
tor General of the Administration in carrying out
22
the provisions of the Inspector General Act of 1978
23
(5 U.S.C. App.);
•S 3548 IS
VerDate Sep 11 2014
heading
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
28
1
(4) $265,000,000 under the heading ‘‘Small
2
Business Administration—Entrepreneurial Develop-
3
ment Programs’’, of which—
4
(A) $240,000,000 shall be for carrying sec-
5
tion 1103(b) of this Act; and
6
(B) $25,000,000 shall be for carrying out
7
section 1103(c) of this Act; and
8
(5) $10,000,000 under the heading ‘‘Depart-
9
ment of Commerce—Minority Business Development
10
Agency’’ for minority business centers of the Minor-
11
ity Business Development Agency to provide tech-
12
nical assistance to small business concerns.
13
(b) REPORTS.—Not later than 180 days after the
14 date of enactment of this Act, the Administrator shall sub15 mit to the Committee on Appropriations of the Senate and
16 the Committee on Appropriations of the House of Rep17 resentatives a detailed expenditure plan for using the
18 amounts appropriated under subsection (a).
19
SEC. 1107. MINORITY BUSINESS DEVELOPMENT AGENCY.
kjohnson on DSK79L0C42PROD with BILLS
20
(a) DEFINITIONS.—In this section—
21
(1) the term ‘‘Agency’’ means the Minority
22
Business Development Agency of the Department of
23
Commerce;
24
(2) the term ‘‘covered small business concern’’
25
means a small business concern (as defined in sec-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
29
1
tion 3 of the Small Business Act (15 U.S.C. 632)
2
that is located in an area that is substantially af-
3
fected by the COVID–19;
4
5
(3) the term ‘‘minority business center’’ means
a Business Center of the Agency; and
6
(4) the term ‘‘substantially affected by COVID–
7
19’’ means, with respect to a covered small business
8
concern, that the covered small business concern has
9
experienced—
10
(A) supply chain disruptions, including
11
changes in—
12
(i) quantity and lead time, including
13
the number of shipments of components
14
and delays in shipments;
15
(ii) quality, including shortages in
16
supply for quality control reasons; and
17
(iii) technology, including a com-
18
promised payment network;
19
(B) staffing challenges;
20
(C) a decrease in sales or customers; or
21
(D) shuttered businesses.
22
(b)
EDUCATION,
TRAINING,
AND
ADVISING
kjohnson on DSK79L0C42PROD with BILLS
23 GRANTS.—
24
25
(1) IN
GENERAL.—The
Agency may provide fi-
nancial assistance in the form of grants to minority
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
30
1
business centers to provide education, training, and
2
advising to covered small business concerns.
3
(2) USE
under this section
4
shall be used for the education, training, and advis-
5
ing of covered small business concerns and their em-
6
ployees on—
7
(A) accessing and applying for resources
8
provided by the Agency and other Federal re-
9
sources relating to access to capital and busi-
10
kjohnson on DSK79L0C42PROD with BILLS
OF FUNDS.—Grants
ness resiliency;
11
(B) the hazards and prevention of the
12
transmission and communication of COVID–19
13
and other communicable diseases;
14
(C) the potential effects of COVID–19 on
15
the supply chains, distribution, and sale of
16
products of covered small business concerns and
17
the mitigation of those effects;
18
(D) the management and practice of
19
telework to reduce possible transmission of
20
COVID–19;
21
(E) the management and practice of re-
22
mote customer service by electronic or other
23
means;
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
31
1
(F) the risks of and mitigation of cyber
2
threats in remote customer service or telework
3
practices;
4
(G) the mitigation of the effects of reduced
5
travel or outside activities on covered small
6
business concerns during COVID–19 or similar
7
occurrences; and
8
(H) any other relevant business practices
9
necessary to mitigate the economic effects of
10
COVID–19 or similar occurrences.
11
(3) NO
12
ing funds shall not be required for any grant under
13
this section.
14
(4) GOALS
15
kjohnson on DSK79L0C42PROD with BILLS
MATCHING FUNDS REQUIRED.—Match-
AND METRICS.—
(A) IN
GENERAL.—Goals
and metrics for
16
the funds made available under this section
17
shall be jointly developed, negotiated, and
18
agreed upon, with full participation of both par-
19
ties, between the minority business centers and
20
the Agency, which shall—
21
(i) take into consideration the extent
22
of the circumstances relating to the spread
23
of COVID–19, or similar occurrences, that
24
affect covered small business concerns lo-
25
cated in the areas covered by the minority
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
32
1
business centers, particularly in rural areas
2
or economically distressed areas;
3
(ii) generally follow the use of funds
4
outlined in paragraph (2), but shall not re-
5
strict the activities of minority business
6
centers in responding to unique situations;
7
and
8
(iii) encourage minority business cen-
9
ters to develop and provide services to cov-
10
ered small business concerns.
11
(B) PUBLIC
AVAILABILITY.—The
Agency
12
shall make publicly available the methodology
13
by which the Agency and minority business cen-
14
ters jointly develop the metrics and goals de-
15
scribed in subparagraph (A).
16
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
17
There is authorized to be appropriated $10,000,000
18
to carry out this section, to remain available until
19
expended.
20
SEC. 1108. WAIVER OF PREPAYMENT PENALTY.
21
Notwithstanding any other provision of law, for a
22 loan made under the authority under this division or an
kjohnson on DSK79L0C42PROD with BILLS
23 amendment made by this division, there shall be no pre24 payment penalty for any payment on the loan made on
25 or before December 31, 2020.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
33
1
SEC. 1109. UNITED STATES TREASURY PROGRAM MANAGE-
2
MENT AUTHORITY.
3
4
(a) AUTHORITY
CIAL
TO
INCLUDE ADDITIONAL FINAN-
INSTITUTIONS.—The Department of the Treasury,
5 in consultation with the Administration and the other
6 Federal financial regulatory agencies (as defined in section
7 313(r) of title 31, United States Code), shall establish cri8 teria for insured depository institutions (as defined in sec9 tion 3 of the Federal Deposit Insurance Act (12 U.S.C.
10 1813)) and other specialized lenders, that do not already
11 participate in lending under programs of the Administra12 tion, to participate in a small business interruption loans
13 program to provide loans under section 7(a) of the Small
14 Business Act (15 U.S.C. 636(a)) in accordance with this
15 section until the date on which the national emergency de16 clared by the President under the National Emergencies
17 Act (50 U.S.C. 1601 et seq.) with respect to the
18 Coronavirus Disease 2019 (COVID–19) expires.
19
(b) CRITERIA.—Due to exigent circumstances, the
20 eligibility criteria that would otherwise be applicable a loan
21 made under section 7(a) of the Small Business Act (15
22 U.S.C. 636(a)) shall not apply to a loan made under this
kjohnson on DSK79L0C42PROD with BILLS
23 section.
24
(c) SAFETY
AND
SOUNDNESS.—An insured deposi-
25 tory institution (as defined in section 3 of the Federal De26 posit Insurance Act (12 U.S.C. 1813)) or other specialized
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
34
1 lender may only participate in the program established
2 under this section if participation does not affect the safe3 ty and soundness of the institution or lender.
4
(d) ADDITIONAL REGULATIONS.—The Secretary of
5 the Treasury, in consultation with the Administrator, shall
6 issue regulations and guidance in order to direct addi7 tional lenders under this section and establish additional
8 terms that set out compensation, underwriting standards,
9 interest rates, maturity, and other relevant terms and con10 ditions.
11
(e) PROGRAM ADMINISTRATION.—Under the infra-
12 structure of the Department of the Treasury and with
13 guidance from the Secretary of the Treasury, the Adminis14 tration shall administer the program established under
15 this section until the date on which the national emergency
16 declared by the President under the National Emergencies
17 Act (50 U.S.C. 1601 et seq.) with respect to the
kjohnson on DSK79L0C42PROD with BILLS
18 Coronavirus Disease 2019 (COVID–19) expires.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
35
5
DIVISION B—RELIEF FOR INDIVIDUALS,
FAMILIES,
AND
BUSINESSES
TITLE I—REBATES AND OTHER
INDIVIDUAL PROVISIONS
6
SEC. 2101. 2020 RECOVERY REBATES FOR INDIVIDUALS.
1
2
3
4
7
(a) IN GENERAL.—Subchapter B of chapter 65 of
8 subtitle F of the Internal Revenue Code of 1986 is amend9 ed by inserting after section 6427 the following new sec10 tion:
11
‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDIVIDUALS.
12
‘‘(a) IN GENERAL.—In the case of an eligible indi-
13 vidual, there shall be allowed as a credit against the tax
14 imposed by subtitle A for the first taxable year beginning
15 in 2020 an amount equal to the lesser of—
16
‘‘(1) net income tax liability, or
17
‘‘(2) $1,200 ($2,400 in the case of a joint re-
18
turn).
19
‘‘(b) SPECIAL RULES.—
20
kjohnson on DSK79L0C42PROD with BILLS
21
‘‘(1) IN
GENERAL.—In
the case of a taxpayer
described in paragraph (2)—
22
‘‘(A) the amount determined under sub-
23
section (a) shall not be less than $600 ($1,200
24
in the case of a joint return), and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
36
1
‘‘(B) the amount determined under sub-
2
section (a) (after the application of subpara-
3
graph (A)) shall be increased by the product of
4
$500 multiplied by the number of qualifying
5
children (within the meaning of section 24(c))
6
of the taxpayer.
7
‘‘(2) TAXPAYER
8
DESCRIBED.—A
taxpayer is de-
scribed in this paragraph if the taxpayer—
9
‘‘(A) has qualifying income of at least
10
$2,500, or
11
‘‘(B) has—
12
‘‘(i) net income tax liability which is
13
greater than zero, and
14
‘‘(ii) gross income which is greater
15
than the basic standard deduction.
16
‘‘(c) TREATMENT OF CREDIT.—The credit allowed by
17 subsection (a) shall be treated as allowed by subpart C
18 of part IV of subchapter A of chapter 1.
19
20
‘‘(d) LIMITATION BASED
COME.—The
ON
ADJUSTED GROSS IN-
amount of the credit allowed by subsection
21 (a) (determined without regard to this subsection and sub22 section (f)) shall be reduced (but not below zero) by 5 per-
kjohnson on DSK79L0C42PROD with BILLS
23 cent of so much of the taxpayer’s adjusted gross income
24 as exceeds $75,000 ($150,000 in the case of a joint re25 turn).
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
37
1
‘‘(e) DEFINITIONS.—For purposes of this section—
2
‘‘(1) QUALIFYING
3
fying income’ means—
term ‘quali-
4
‘‘(A) earned income,
5
‘‘(B) social security benefits (within the
6
meaning of section 86(d)), and
7
‘‘(C) any compensation or pension received
8
under chapter 11, chapter 13, or chapter 15 of
9
title 38, United States Code.
10
11
‘‘(2) NET
INCOME TAX LIABILITY.—The
‘net income tax liability’ means the excess of—
‘‘(A) the sum of the taxpayer’s regular tax
13
liability (within the meaning of section 26(b))
14
and the tax imposed by section 55 for the tax-
15
able year, over
16
‘‘(B) the credits allowed by part IV (other
17
than section 24 and subpart C thereof) of sub-
18
chapter A of chapter 1.
19
‘‘(3) ELIGIBLE
INDIVIDUAL.—The
term ‘eligible
individual’ means any individual other than—
21
‘‘(A) any nonresident alien individual,
22
‘‘(B) any individual with respect to whom
23
a deduction under section 151 is allowable to
24
another taxpayer for a taxable year beginning
•S 3548 IS
VerDate Sep 11 2014
term
12
20
kjohnson on DSK79L0C42PROD with BILLS
INCOME.—The
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
38
1
in the calendar year in which the individual’s
2
taxable year begins, and
3
‘‘(C) an estate or trust.
4
‘‘(4) EARNED
INCOME.—The
term ‘earned in-
5
come’ has the meaning set forth in section 32(c)(2)
6
except that such term shall not include net earnings
7
from self-employment which are not taken into ac-
8
count in computing taxable income.
9
‘‘(5) BASIC
STANDARD DEDUCTION.—The
term
10
‘basic standard deduction’ shall have the same
11
meaning as when used in section 63 (as modified by
12
subsection (c)(7) of such section).
13
‘‘(f) COORDINATION WITH ADVANCE REFUNDS
OF
14 CREDIT.—
15
‘‘(1) IN
amount of credit
16
which would (but for this paragraph) be allowable
17
under this section shall be reduced (but not below
18
zero) by the aggregate refunds and credits made or
19
allowed to the taxpayer under subsection (g). Any
20
failure to so reduce the credit shall be treated as
21
arising out of a mathematical or clerical error and
22
assessed according to section 6213(b)(1).
23
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—The
‘‘(2) JOINT
RETURNS.—In
the case of a refund
24
or credit made or allowed under subsection (g) with
25
respect to a joint return, half of such refund or cred-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
39
1
it shall be treated as having been made or allowed
2
to each individual filing such return.
3
‘‘(g) ADVANCE REFUNDS AND CREDITS.—
4
‘‘(1) IN
to paragraph (5),
5
each individual who was an eligible individual for
6
such individual’s first taxable year beginning in
7
2018 shall be treated as having made a payment
8
against the tax imposed by chapter 1 for such first
9
taxable year in an amount equal to the advance re-
10
fund amount for such taxable year.
11
‘‘(2) ADVANCE
REFUND AMOUNT.—For
poses of paragraph (1), the advance refund amount
13
is the amount that would have been allowed as a
14
credit under this section for such first taxable year
15
if this section (other than subsection (f) and this
16
subsection) had applied to such taxable year.
‘‘(3) TIMING
OF PAYMENTS.—The
Secretary
18
shall, subject to the provisions of this title, refund
19
or credit any overpayment attributable to this sec-
20
tion as rapidly as possible. No refund or credit shall
21
be made or allowed under this subsection after De-
22
cember 31, 2020.
23
‘‘(4) NO
INTEREST.—No
interest shall be al-
24
lowed on any overpayment attributable to this sec-
25
tion.
•S 3548 IS
VerDate Sep 11 2014
pur-
12
17
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—Subject
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
40
1
‘‘(5) ALTERNATE
of an individual who, at the time of any determina-
3
tion made pursuant to paragraph (3), has not filed
4
a tax return for the year described in paragraph (1),
5
the Secretary may apply such paragraph by sub-
6
stituting ‘2019’ for ‘2018’.
7
‘‘(h) IDENTIFICATION NUMBER REQUIREMENT.—
‘‘(1) IN
GENERAL.—No
credit shall be allowed
9
under subsection (a) to an eligible individual who
10
does not include on the return of tax for the taxable
11
year—
12
‘‘(A) such individual’s valid identification
13
number,
14
‘‘(B) in the case of a joint return, the valid
15
identification
16
spouse, and
number
of
such
individual’s
17
‘‘(C) in the case of any qualifying child
18
taken into account under subsection (b)(1)(B),
19
the valid identification number of such quali-
20
fying child.
21
‘‘(2) VALID
22
IDENTIFICATION NUMBER.—
‘‘(A) IN
GENERAL.—For
purposes of para-
23
graph (1), the term ‘valid identification num-
24
ber’ means a social security number (as such
25
term is defined in section 24(h)(7)).
•S 3548 IS
VerDate Sep 11 2014
the case
2
8
kjohnson on DSK79L0C42PROD with BILLS
TAXABLE YEAR.—In
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
41
1
‘‘(B) ADOPTION
IDENTIFICA-
TAXPAYER
2
TION
3
(1)(C), in the case of a qualifying child who is
4
adopted, the term ‘valid identification number’
5
shall include the adoption taxpayer identifica-
6
tion number of such child.
7
NUMBER.—For
purposes of paragraph
‘‘(i) REGULATIONS.—The Secretary shall prescribe
8 such regulations or other guidance as may be necessary
9 to carry out the purposes of this section.’’.
10
(b) ADMINISTRATIVE AMENDMENTS.—
11
(1)
OF
DEFICIENCY.—Section
12
6211(b)(4)(A) of the Internal Revenue Code of 1986
13
is amended by striking ‘‘and 36B, 168(k)(4)’’ and
14
inserting ‘‘36B, and 6428’’.
15
(2) MATHEMATICAL
OR CLERICAL ERROR AU-
16
THORITY.—Section
17
amended by striking ‘‘or 32’’ and inserting ‘‘32, or
18
6428’’.
19
(c) TREATMENT OF POSSESSIONS.—
20
(1) PAYMENTS
21
kjohnson on DSK79L0C42PROD with BILLS
DEFINITION
6213(g)(2)(L) of such Code is
TO POSSESSIONS.—
(A) MIRROR
CODE POSSESSION.—The
22
retary of the Treasury shall pay to each posses-
23
sion of the United States which has a mirror
24
code tax system amounts equal to the loss (if
25
any) to that possession by reason of the amend-
•S 3548 IS
VerDate Sep 11 2014
Sec-
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
42
1
ments made by this section. Such amounts shall
2
be determined by the Secretary of the Treasury
3
based on information provided by the govern-
4
ment of the respective possession.
kjohnson on DSK79L0C42PROD with BILLS
5
(B) OTHER
POSSESSIONS.—The
6
of the Treasury shall pay to each possession of
7
the United States which does not have a mirror
8
code tax system amounts estimated by the Sec-
9
retary of the Treasury as being equal to the ag-
10
gregate benefits (if any) that would have been
11
provided to residents of such possession by rea-
12
son of the amendments made by this section if
13
a mirror code tax system had been in effect in
14
such possession. The preceding sentence shall
15
not apply unless the respective possession has a
16
plan, which has been approved by the Secretary
17
of the Treasury, under which such possession
18
will promptly distribute such payments to its
19
residents.
20
(2) COORDINATION
WITH
CREDIT
ALLOWED
21
AGAINST UNITED STATES INCOME TAXES.—No
22
it shall be allowed against United States income
23
taxes under section 6428 of the Internal Revenue
24
Code of 1986 (as added by this section) to any per-
25
son—
•S 3548 IS
VerDate Sep 11 2014
Secretary
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
cred-
43
1
(A) to whom a credit is allowed against
2
taxes imposed by the possession by reason of
3
the amendments made by this section, or
4
(B) who is eligible for a payment under a
5
plan described in paragraph (1)(B).
6
(3) DEFINITIONS
7
(A)
POSSESSION
OF
THE
STATES.—For
9
term ‘‘possession of the United States’’ includes
10
the Commonwealth of Puerto Rico and the
11
Commonwealth of the Northern Mariana Is-
12
lands.
purposes of this subsection, the
(B) MIRROR
CODE TAX SYSTEM.—For
pur-
14
poses of this subsection, the term ‘‘mirror code
15
tax system’’ means, with respect to any posses-
16
sion of the United States, the income tax sys-
17
tem of such possession if the income tax liabil-
18
ity of the residents of such possession under
19
such system is determined by reference to the
20
income tax laws of the United States as if such
21
possession were the United States.
22
(C) TREATMENT
OF PAYMENTS.—For
pur-
23
poses of section 1324 of title 31, United States
24
Code, the payments under this section shall be
25
treated in the same manner as a refund due
•S 3548 IS
VerDate Sep 11 2014
UNITED
8
13
kjohnson on DSK79L0C42PROD with BILLS
AND SPECIAL RULES.—
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
44
1
from a credit provision referred to in subsection
2
(b)(2) of such section.
3
4
(d) EXCEPTION FROM TREASURY OFFSET PROGRAM.—Any
credit or refund allowed or made to any indi-
5 vidual by reason of section 6428 of the Internal Revenue
6 Code of 1986 (as added by this section) or by reason of
7 subsection (c) of this section shall not be subject to reduc8 tion or offset pursuant to—
9
10
(1) section 3716 or 3720A of title 31, United
States Code, or
11
(2) subsection (d), (e), or (f) of section 6402 of
12
the Internal Revenue Code of 1986.
13
(e) APPROPRIATIONS TO CARRY OUT REBATES.—
14
(1) IN
upon the enact-
15
ment of this Act, the following sums are appro-
16
priated, out of any money in the Treasury not other-
17
wise appropriated, for the fiscal year ending Sep-
18
tember 30, 2020:
19
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—Immediately
(A) DEPARTMENT
OF THE TREASURY.—
20
(i) For an additional amount for ‘‘De-
21
partment of the Treasury—Bureau of the
22
Fiscal Service—Salaries and Expenses’’,
23
$78,650,000, to remain available until
24
September 30, 2021.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
kjohnson on DSK79L0C42PROD with BILLS
45
1
(ii) For an additional amount for
2
‘‘Department of the Treasury—Internal
3
Revenue
4
$70,200,000, to remain available until
5
September 30, 2021.
Service—Taxpayer
6
(iii) For an additional amount for
7
‘‘Department of the Treasury—Internal
8
Revenue
9
$209,600,000, to remain available until
Service—Operations
10
September 30, 2021.
11
(B) SOCIAL
Support’’,
SECURITY ADMINISTRATION.—
12
For an additional amount for ‘‘Social Security
13
Administration—Limitation on Administrative
14
Expenses’’, $38,000,000, to remain available
15
until September 30, 2020.
16
(2) REPORTS.—No later than 15 days after en-
17
actment of this Act, the Secretary of the Treasury
18
shall submit a plan to the Committees on Appropria-
19
tions of the House of Representatives and the Sen-
20
ate detailing the expected use of the funds provided
21
by paragraph (1)(A). Beginning 90 days after enact-
22
ment of this Act, the Secretary of the Treasury shall
23
submit a quarterly report to the Committees on Ap-
24
propriations of the House of Representatives and the
25
Senate detailing the actual expenditure of funds pro-
•S 3548 IS
VerDate Sep 11 2014
Services’’,
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
46
1
vided by paragraph (1)(A) and the expected expendi-
2
ture of such funds in the subsequent quarter.
3
(f) CONFORMING AMENDMENTS.—
4
(1) Paragraph (2) of section 1324(b) of title
5
31, United States Code, is amended by inserting
6
‘‘6428,’’ after ‘‘54B(h),’’.
7
(2) The table of sections for subchapter B of
8
chapter 65 of subtitle F of the Internal Revenue
9
Code of 1986 is amended by inserting after the item
10
relating to section 6427 the following:
‘‘Sec. 6428. 2020 Recovery Rebates for individuals.’’.
11
SEC. 2102. DELAY OF CERTAIN DEADLINES.
12
(a) FILING DEADLINES FOR 2019.—
13
(1) IN
the case of returns for
14
taxable year 2019, including for purposes of section
15
6151(a) of the Internal Revenue Code of 1986, sec-
16
tion 6072(a) of such Code shall be applied—
17
(A) by substituting ‘‘July’’ for ‘‘April’’,
18
and
19
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—In
(B) by substituting ‘‘the seventh month’’
20
for ‘‘the fourth month’’.
21
(2) EFFECTIVE
DATE.—Paragraph
22
apply to all returns required to be filed for taxable
23
year 2019.
24
(b) ESTIMATED TAX PAYMENTS
25
FOR
UALS.—
•S 3548 IS
VerDate Sep 11 2014
(1) shall
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
INDIVID-
47
1
(1) IN
the case of an individual,
2
the due date for any required installment under sec-
3
tion 6654 of the Internal Revenue Code of 1986
4
which (but for the application of this section) would
5
be due during the applicable period shall not be due
6
before October 15, 2020, and all such installments
7
shall be treated as one installment due on such date.
8
The Secretary of the Treasury (or the Secretary’s
9
delegate) shall prescribe such regulations or other
10
guidance as may be necessary to carry out the pur-
11
poses of this subsection.
12
(2) APPLICABLE
PERIOD.—For
purposes of this
13
subsection, the applicable period is the period begin-
14
ning on the date of the enactment of this Act and
15
ending before October 15, 2020.
16
SEC. 2103. SPECIAL RULES FOR USE OF RETIREMENT
17
FUNDS.
18
19
(a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT
PLANS.—
20
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—In
(1) IN
GENERAL.—Section
72(t) of the Internal
21
Revenue Code of 1986 shall not apply to any
22
coronavirus-related distribution.
23
(2) AGGREGATE
24
(A) IN
25
DOLLAR LIMITATION.—
GENERAL.—For
purposes of this
subsection, the aggregate amount of distribu-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
48
1
tions received by an individual which may be
2
treated as coronavirus-related distributions for
3
any taxable year shall not exceed $100,000.
4
(B) TREATMENT
PLAN
TIONS.—If
6
(without regard to subparagraph (A)) be a
7
coronavirus-related distribution, a plan shall not
8
be treated as violating any requirement of the
9
Internal Revenue Code of 1986 merely because
a distribution to an individual would
10
the
11
coronavirus-related distribution, unless the ag-
12
gregate amount of such distributions from all
13
plans maintained by the employer (and any
14
member of any controlled group which includes
15
the employer) to such individual exceeds
16
$100,000.
plan
treats
such
(C) CONTROLLED
distribution
GROUP.—For
as
a
purposes
18
of subparagraph (B), the term ‘‘controlled
19
group’’ means any group treated as a single
20
employer under subsection (b), (c), (m), or (o)
21
of section 414 of the Internal Revenue Code of
22
1986.
23
(3) AMOUNT
24
(A) IN
25
DISTRIBUTED MAY BE REPAID.—
GENERAL.—Any
individual who re-
ceives a coronavirus-related distribution may, at
•S 3548 IS
VerDate Sep 11 2014
DISTRIBU-
5
17
kjohnson on DSK79L0C42PROD with BILLS
OF
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
kjohnson on DSK79L0C42PROD with BILLS
49
1
any time during the 3-year period beginning on
2
the day after the date on which such distribu-
3
tion was received, make 1 or more contributions
4
in an aggregate amount not to exceed the
5
amount of such distribution to an eligible retire-
6
ment plan of which such individual is a bene-
7
ficiary and to which a rollover contribution of
8
such distribution could be made under section
9
402(c), 403(a)(4), 403(b)(8), 408(d)(3), or
10
457(e)(16), of the Internal Revenue Code of
11
1986, as the case may be.
12
(B) TREATMENT
OF REPAYMENTS OF DIS-
13
TRIBUTIONS
14
PLANS OTHER THAN IRAS.—For
15
the Internal Revenue Code of 1986, if a con-
16
tribution is made pursuant to subparagraph (A)
17
with respect to a coronavirus-related distribu-
18
tion from an eligible retirement plan other than
19
an individual retirement plan, then the taxpayer
20
shall, to the extent of the amount of the con-
21
tribution, be treated as having received the
22
coronavirus-related distribution in an eligible
23
rollover distribution (as defined in section
24
402(c)(4) of such Code) and as having trans-
25
ferred the amount to the eligible retirement
FROM
ELIGIBLE
RETIREMENT
purposes of
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
50
1
plan in a direct trustee to trustee transfer with-
2
in 60 days of the distribution.
3
(C) TREATMENT
4
TRIBUTIONS FROM IRAS.—For
5
Internal Revenue Code of 1986, if a contribu-
6
tion is made pursuant to subparagraph (A)
7
with respect to a coronavirus-related distribu-
8
tion from an individual retirement plan (as de-
9
fined by section 7701(a)(37) of such Code),
10
then, to the extent of the amount of the con-
11
tribution, the coronavirus-related distribution
12
shall be treated as a distribution described in
13
section 408(d)(3) of such Code and as having
14
been transferred to the eligible retirement plan
15
in a direct trustee to trustee transfer within 60
16
days of the distribution.
17
(4) DEFINITIONS.—For purposes of this sub-
18
purposes of the
section—
19
kjohnson on DSK79L0C42PROD with BILLS
OF REPAYMENTS OF DIS-
(A)
CORONAVIRUS-RELATED
DISTRIBU-
20
TION.—Except
21
the
22
means any distribution from an eligible retire-
23
ment plan made—
term
as provided in paragraph (2),
‘‘coronavirus-related
distribution’’
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
51
1
(i) on or after the date of the enact-
2
ment of this Act and before December 31,
3
2020,
4
(ii) to an individual—
kjohnson on DSK79L0C42PROD with BILLS
5
(I) who is diagnosed with the
6
virus
7
coronavirus disease 2019 (COVID-19)
8
by a test approved by the Centers for
9
Disease Control and Prevention,
SARS-CoV-2
or
10
(II) whose spouse or dependent
11
(as defined in section 152 of the In-
12
ternal Revenue Code of 1986) is diag-
13
nosed with such virus or disease by
14
such a test, or
15
(III) who experiences adverse fi-
16
nancial consequences as a result of
17
being quarantined, being furloughed
18
or laid off or having work hours re-
19
duced due to such virus or disease,
20
being unable to work due to lack of
21
child care due to such virus or dis-
22
ease, closing or reducing hours of a
23
business owned or operated by the in-
24
dividual due to such virus or disease,
25
or other factors as determined by the
•S 3548 IS
VerDate Sep 11 2014
with
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
52
1
Secretary of the Treasury (or the Sec-
2
retary’s delegate).
3
(B) ELIGIBLE
4
term ‘‘eligible retirement plan’’ has the meaning
5
given such term by section 402(c)(8)(B) of the
6
Internal Revenue Code of 1986.
7
(5) INCOME
8
INCLUSION SPREAD OVER 3-YEAR
PERIOD.—
9
(A) IN
GENERAL.—In
the case of any
10
coronavirus-related distribution, unless the tax-
11
payer elects not to have this paragraph apply
12
for any taxable year, any amount required to be
13
included in gross income for such taxable year
14
shall be so included ratably over the 3-taxable-
15
year period beginning with such taxable year.
16
(B) SPECIAL
RULE.—For
purposes of sub-
17
paragraph (A), rules similar to the rules of sub-
18
paragraph (E) of section 408A(d)(3) of the In-
19
ternal Revenue Code of 1986 shall apply.
20
(6) SPECIAL
21
kjohnson on DSK79L0C42PROD with BILLS
RETIREMENT PLAN.—The
RULES.—
(A) EXEMPTION
OF DISTRIBUTIONS FROM
22
TRUSTEE TO TRUSTEE TRANSFER AND WITH-
23
HOLDING
24
401(a)(31), 402(f), and 3405 of the Internal
25
Revenue Code of 1986, coronavirus-related dis-
RULES.—For
purposes of sections
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
53
1
tributions shall not be treated as eligible roll-
2
over distributions.
3
(B)
TIONS TREATED AS MEETING PLAN DISTRIBU-
5
TION REQUIREMENTS.—For
6
ternal Revenue Code of 1986, a coronavirus-re-
7
lated distribution shall be treated as meeting
8
the requirements of sections 401(k)(2)(B)(i),
9
403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A)
11
purposes of the In-
of such Code.
(b) LOANS FROM QUALIFIED PLANS.—
12
(1) INCREASE
IN LIMIT ON LOANS NOT TREAT-
13
ED AS DISTRIBUTIONS.—In
14
from a qualified employer plan (as defined under
15
section 72(p)(4) of the Internal Revenue Code of
16
1986) to a qualified individual made during the 180-
17
day period beginning on the date of the enactment
18
of this Act—
the case of any loan
19
(A) clause (i) of section 72(p)(2)(A) of
20
such Code shall be applied by substituting
21
‘‘$100,000’’ for ‘‘$50,000’’, and
22
(B) clause (ii) of such section shall be ap-
23
plied by substituting ‘‘the present value of the
24
nonforfeitable accrued benefit of the employee
25
under the plan’’ for ‘‘one-half of the present
•S 3548 IS
VerDate Sep 11 2014
DISTRIBU-
4
10
kjohnson on DSK79L0C42PROD with BILLS
CORONAVIRUS-RELATED
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
kjohnson on DSK79L0C42PROD with BILLS
54
1
value of the nonforfeitable accrued benefit of
2
the employee under the plan’’.
3
(2) DELAY
OF REPAYMENT.—In
the case of a
4
qualified individual with an outstanding loan (on or
5
after the date of the enactment of this Act) from a
6
qualified employer plan (as defined in section
7
72(p)(4) of the Internal Revenue Code of 1986)—
8
(A) if the due date pursuant to subpara-
9
graph (B) or (C) of section 72(p)(2) of such
10
Code for any repayment with respect to such
11
loan occurs during the period beginning on the
12
date of the enactment of this Act and ending on
13
December 31, 2020, such due date shall be de-
14
layed for 1 year (or, if later, until the date
15
which is 180 days after the date of the enact-
16
ment of this Act),
17
(B) any subsequent repayments with re-
18
spect to any such loan shall be appropriately
19
adjusted to reflect the delay in the due date
20
under subparagraph (A) and any interest accru-
21
ing during such delay, and
22
(C) in determining the 5-year period and
23
the term of a loan under subparagraph (B) or
24
(C) of section 72(p)(2) of such Code, the period
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
55
1
described in subparagraph (A) of this para-
2
graph shall be disregarded.
3
(3) QUALIFIED
purposes of
4
this subsection, the term ‘‘qualified individual’’
5
means any individual who is described in subsection
6
(a)(4)(A)(ii).
7
(c) PROVISIONS RELATING
8
TO
PLAN AMEND-
MENTS.—
9
(1) IN
GENERAL.—If
this subsection applies to
10
any amendment to any plan or annuity contract,
11
such plan or contract shall be treated as being oper-
12
ated in accordance with the terms of the plan during
13
the period described in paragraph (2)(B)(i).
14
15
(2) AMENDMENTS
TO WHICH SUBSECTION AP-
PLIES.—
16
kjohnson on DSK79L0C42PROD with BILLS
INDIVIDUAL.—For
(A) IN
GENERAL.—This
subsection shall
17
apply to any amendment to any plan or annuity
18
contract which is made—
19
(i) pursuant to any provision of this
20
section, or pursuant to any regulation
21
issued by the Secretary of the Treasury or
22
the Secretary of Labor (or the delegate of
23
either such Secretary) under any provision
24
of this section, and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
56
1
(ii) on or before the last day of the
2
first plan year beginning on or after Janu-
3
ary 1, 2020, or such later date as the Sec-
4
retary of the Treasury (or the Secretary’s
5
delegate) may prescribe.
6
In the case of a governmental plan (as defined
7
in section 414(d) of the Internal Revenue Code
8
of 1986), clause (ii) shall be applied by sub-
9
stituting the date which is 2 years after the
10
date otherwise applied under clause (ii).
11
(B) CONDITIONS.—This subsection shall
12
not apply to any amendment unless—
kjohnson on DSK79L0C42PROD with BILLS
13
(i) during the period—
14
(I) beginning on the date that
15
this section or the regulation de-
16
scribed in subparagraph (A)(i) takes
17
effect (or in the case of a plan or con-
18
tract amendment not required by this
19
section or such regulation, the effec-
20
tive date specified by the plan), and
21
(II) ending on the date described
22
in subparagraph (A)(ii) (or, if earlier,
23
the date the plan or contract amend-
24
ment is adopted),
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
57
1
the plan or contract is operated as if such
2
plan or contract amendment were in effect,
3
and
4
(ii) such plan or contract amendment
5
applies retroactively for such period.
6
SEC. 2104. ALLOWANCE OF PARTIAL ABOVE THE LINE DE-
7
DUCTION FOR CHARITABLE CONTRIBUTIONS.
8
(a) IN GENERAL.—Section 62(a) of the Internal Rev-
9 enue Code of 1986 is amended by inserting after para10 graph (21) the following new paragraph:
11
‘‘(22) CHARITABLE
CONTRIBUTIONS.—In
the
12
case of taxable years beginning in 2020, the amount
13
(not to exceed $300) of qualified charitable contribu-
14
tions made by an eligible taxpayer during the tax-
15
able year .’’.
16
(b) DEFINITIONS.—Section 62 of such Code is
17 amended by adding at the end the following new sub18 section:
19
20
‘‘(f) DEFINITIONS RELATING
TABLE
TO
QUALIFIED CHARI-
CONTRIBUTIONS.—For purposes of subsection
21 (a)(22)—
kjohnson on DSK79L0C42PROD with BILLS
22
‘‘(1) ELIGIBLE
TAXPAYER.—The
term ‘eligible
23
taxpayer’ means any individual who does not elect to
24
itemize deductions.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
58
1
‘‘(2)
2
TIONS.—The
3
means a charitable contribution (as defined in sec-
4
tion 170(c))—
QUALIFIED
CONTRIBU-
term ‘qualified charitable contribution’
5
‘‘(A) which is made in cash,
6
‘‘(B) for which a deduction is allowable
7
under section 170 (determined without regard
8
to subsection (b) thereof), and
9
‘‘(C) which is—
10
‘‘(i) made to an organization de-
11
scribed in section 170(b)(1)(A), and
12
‘‘(ii) not—
13
‘‘(I) to an organization described
14
kjohnson on DSK79L0C42PROD with BILLS
CHARITABLE
in section 509(a)(3), or
15
‘‘(II) for the establishment of a
16
new, or maintenance of an existing,
17
donor advised fund (as defined in sec-
18
tion 4966(d)(2)).
19
Such term shall not include any amount
20
which is treated as a charitable contribu-
21
tion made in such taxable year under sub-
22
section (b)(1)(G) or (d)(1) of section
23
170.’’.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
59
1
(c) EFFECTIVE DATE.—The amendments made by
2 this section shall apply to taxable years beginning after
3 December 31, 2019.
4
SEC. 2105. MODIFICATION OF LIMITATIONS ON CHARI-
5
6
TABLE CONTRIBUTIONS DURING 2020.
(a) TEMPORARY SUSPENSION
OF
LIMITATIONS
ON
7 CERTAIN CASH CONTRIBUTIONS.—
8
(1) IN
as otherwise pro-
9
vided in paragraph (2), qualified contributions shall
10
be disregarded in applying subsections (b) and (d) of
11
section 170 of the Internal Revenue Code of 1986.
12
(2) TREATMENT
OF EXCESS CONTRIBUTIONS.—
13
For purposes of section 170 of the Internal Revenue
14
Code of 1986—
15
(A) INDIVIDUALS.—In the case of an indi-
16
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—Except
vidual—
17
(i) LIMITATION.—Any qualified con-
18
tribution shall be allowed as a deduction
19
only to the extent that the aggregate of
20
such contributions does not exceed the ex-
21
cess of the taxpayer’s contribution base (as
22
defined in subparagraph (H) of section
23
170(b)(1) of such Code) over the amount
24
of all other charitable contributions allowed
25
under section 170(b)(1) of such Code.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
60
1
(ii) CARRYOVER.—If the aggregate
2
amount of qualified contributions made in
3
the contribution year (within the meaning
4
of section 170(d)(1) of such Code) exceeds
5
the limitation of clause (i), such excess
6
shall be added to the excess described in
7
section 170(b)(1)(G)(ii).
8
(B) CORPORATIONS.—In the case of a cor-
kjohnson on DSK79L0C42PROD with BILLS
9
poration—
10
(i) LIMITATION.—Any qualified con-
11
tribution shall be allowed as a deduction
12
only to the extent that the aggregate of
13
such contributions does not exceed the ex-
14
cess of 25 percent of the taxpayer’s taxable
15
income (as determined under paragraph
16
(2) of section 170(b) of such Code) over
17
the amount of all other charitable con-
18
tributions allowed under such paragraph.
19
(ii) CARRYOVER.—If the aggregate
20
amount of qualified contributions made in
21
the contribution year (within the meaning
22
of section 170(d)(2) of such Code) exceeds
23
the limitation of clause (i), such excess
24
shall be appropriately taken into account
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
61
1
under section 170(d)(2) subject to the limi-
2
tations thereof.
3
(3) QUALIFIED
kjohnson on DSK79L0C42PROD with BILLS
4
(A) IN
CONTRIBUTIONS.—
GENERAL.—For
purposes of this
5
subsection, the term ‘‘qualified contribution’’
6
means any charitable contribution (as defined
7
in section 170(c) of the Internal Revenue Code
8
of 1986) if—
9
(i) such contribution is paid in cash
10
during calendar year 2020 to an organiza-
11
tion described in section 170(b)(1)(A) of
12
such Code, and
13
(ii) the taxpayer has elected the appli-
14
cation of this section with respect to such
15
contribution.
16
(B) EXCEPTION.—Such term shall not in-
17
clude a contribution by a donor if the contribu-
18
tion is—
19
(i) to an organization described in sec-
20
tion 509(a)(3) of the Internal Revenue
21
Code of 1986, or
22
(ii) for the establishment of a new, or
23
maintenance of an existing, donor advised
24
fund (as defined in section 4966(d)(2) of
25
such Code).
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
62
1
(C) APPLICATION
OF ELECTION TO PART-
2
NERSHIPS AND S CORPORATIONS.—In
3
of a partnership or S corporation, the election
4
under subparagraph (A)(ii) shall be made sepa-
5
rately by each partner or shareholder.
6
(b) INCREASE
IN
LIMITS
ON
the case
CONTRIBUTIONS
OF
7 FOOD INVENTORY.—In the case of any charitable con8 tribution
of
food
during
2020
to
which
section
9 170(e)(3)(C) of the Internal Revenue Code of 1986 ap10 plies, subclauses (I) and (II) of clause (ii) thereof shall
11 each be applied by substituting ‘‘25 percent’’ for ‘‘15 per12 cent.’’
13
(c) EFFECTIVE DATE.—This section shall apply to
14 taxable years ending after December 31, 2019.
15
TITLE II—BUSINESS PROVISIONS
16
SEC. 2201. DELAY OF ESTIMATED TAX PAYMENTS FOR COR-
17
18
PORATIONS.
(a) IN GENERAL.—In the case of a corporation, the
19 due date for any required installment under section 6655
20 of the Internal Revenue Code of 1986 which (but for the
21 application of this section) would be due during the appli22 cable period shall not be due before October 15, 2020, and
kjohnson on DSK79L0C42PROD with BILLS
23 all such installments shall be treated as one installment
24 due on such date. The Secretary of the Treasury (or the
25 Secretary’s delegate) shall prescribe such regulations or
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
63
1 other guidance as may be necessary to carry out the pur2 poses of this section.
3
(b) APPLICABLE PERIOD.—For purposes of this sec-
4 tion, the applicable period is the period beginning on the
5 date of the enactment of this Act and ending before Octo6 ber 15, 2020.
7
SEC. 2202. DELAY OF PAYMENT OF EMPLOYER PAYROLL
8
kjohnson on DSK79L0C42PROD with BILLS
9
TAXES.
(a) IN GENERAL.—
10
(1) TAXES.—Notwithstanding any other provi-
11
sion of law, the payment for applicable employment
12
taxes for the payroll tax deferral period shall not be
13
due before the applicable date.
14
(2) DEPOSITS.—Notwithstanding section 6302
15
of the Internal Revenue Code of 1986, an employer
16
shall be treated as having timely made all deposits
17
of applicable employment taxes that are required to
18
be made (without regard to this section) for such
19
taxes during the payroll tax deferral period if all
20
such deposits are made not later than the applicable
21
date.
22
(3) EXCEPTION.—This subsection shall not
23
apply to any taxpayer if such taxpayer has had in-
24
debtedness forgiven under section 1105 of this Act
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
64
1
with respect to a loan under section 7(a) of the
2
Small Business Act (15 U.S.C. 636(a)).
3
(b) SECA.—
4
(1) IN
provision of law, the payment for 50 percent of the
6
taxes imposed under section 1401(a) of the Internal
7
Revenue Code of 1986 for the payroll tax deferral
8
period shall not be due before the applicable date.
(2) ESTIMATED
TAXES.—For
purposes of ap-
10
plying section 6654 of the Internal Revenue Code of
11
1986 to any taxable year which includes any part of
12
the payroll tax deferral period, 50 percent of the of
13
the taxes imposed under section 1401(a) of such
14
Code for the payroll tax deferral period shall not be
15
treated as taxes to which such section 6654 applies.
16
(c) DEFINITIONS.—For purposes of this section—
17
(1) APPLICABLE
EMPLOYMENT
TAXES.—The
18
term ‘‘applicable employment taxes’’ means the fol-
19
lowing:
20
(A) The taxes imposed under section
21
3111(a) of the Internal Revenue Code of 1986.
22
(B) So much of the taxes imposed under
23
section 3211(a) of such Code as are attrib-
24
utable to the rate in effect under section
25
3111(a) of such Code.
•S 3548 IS
VerDate Sep 11 2014
any other
5
9
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—Notwithstanding
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
65
1
(C) So much of the taxes imposed under
2
section 3221(a) of such Code as are attrib-
3
utable to the rate in effect under section
4
3111(a) of such Code.
5
(2) PAYROLL
TAX DEFERRAL PERIOD.—The
6
term ‘‘payroll tax deferral period’’ means the period
7
beginning on the date of the enactment of this Act
8
and ending before January 1, 2021.
9
10
(3) APPLICABLE
DATE.—The
term ‘‘applicable
date’’ means—
11
(A) December 31, 2021, with respect to 50
12
percent of the amounts to which subsection (a)
13
or (b), as the case may be, apply, and
14
(B) December 31, 2022, with respect to
15
16
the remaining such amounts.
(d) TRUST FUNDS HELD HARMLESS.—There are
17 hereby appropriated (out of any money in the Treasury
18 not otherwise appropriated) for each fiscal year to the
19 Federal Old-Age and Survivors Insurance Trust Fund and
20 the Federal Disability Insurance Trust Fund established
21 under section 201 of the Social Security Act (42 U.S.C.
22 401) and the Social Security Equivalent Benefit Account
kjohnson on DSK79L0C42PROD with BILLS
23 established under section 15A(a) of the Railroad Retire24 ment Act of 1974 (45 U.S.C. 231n–1(a)) an amount equal
25 to the reduction in the transfers to such fund for such
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
66
1 fiscal year by reason of this section. Amounts appropriated
2 by the preceding sentence shall be transferred from the
3 general fund at such times and in such manner as to rep4 licate to the extent possible the transfers which would have
5 occurred to such Trust Fund had such amendments not
6 been enacted.
7
(e) REGULATORY AUTHORITY.—The Secretary of the
8 Treasury (or the Secretary’s delegate) shall issue such
9 regulations or other guidance as necessary to carry out
10 the purposes of this section.
11
SEC. 2203. MODIFICATIONS FOR NET OPERATING LOSSES.
12
13
(a) TEMPORARY REPEAL OF TAXABLE INCOME LIMITATION.—
14
(1) IN
first sentence of section
15
172(a) of the Internal Revenue Code of 1986 is
16
amended by striking ‘‘an amount equal to’’ and all
17
that follows and inserting ‘‘an amount equal to—
18
‘‘(1) in the case of a taxable year beginning be-
19
fore January 1, 2021, the aggregate of the net oper-
20
ating loss carryovers to such year, plus the net oper-
21
ating loss carrybacks to such year, and
22
23
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—The
‘‘(2) in the case of a taxable year beginning
after December 31, 2020, the sum of—
24
‘‘(A) the aggregate amount of net oper-
25
ating losses arising in taxable years beginning
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
67
1
before January 1, 2018, carried to such taxable
2
year, plus
3
‘‘(B) the lesser of—
4
‘‘(i) the aggregate amount of net op-
5
erating losses arising in taxable years be-
6
ginning after December 31, 2017, carried
7
to such taxable year, or
8
‘‘(ii) 80 percent of the excess (if any)
9
of—
10
‘‘(I) taxable income computed
11
without regard to the deductions
12
under this section and sections 199A
13
and 250, over
14
‘‘(II)
15
amount
determined
under subparagraph (A).’’.
16
(2) CONFORMING
17
AMENDMENTS.—
(A) Section 172(b)(2)(C) of such Code is
18
kjohnson on DSK79L0C42PROD with BILLS
the
amended to read as follows:
19
‘‘(C) for taxable years beginning after De-
20
cember 31, 2020, be reduced by 20 percent of
21
the excess (if any) described in subsection
22
(a)(2)(B)(ii) for such taxable year.’’.
23
(B) Section 172(d)(6)(C) of such Code is
24
amended by striking ‘‘subsection (a)(2)’’ and
25
inserting ‘‘subsection (a)(2)(B)(ii)(I)’’.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
68
1
(C) Section 860E(a)(3)(B) of such Code is
2
amended by striking all that follows ‘‘for pur-
3
poses
4
(a)(2)(B)(ii)(I) and the second sentence of sub-
5
section (b)(2) of section 172.’’.
6
(b)
of’’
and
MODIFICATION
inserting
RULES
OF
‘‘subsection
RELATING
TO
7 CARRYBACKS.—
8
9
10
(1) IN
GENERAL.—Section
ternal Revenue Code of 1986 is amended by adding
at the end the following new subparagraph:
11
‘‘(D) SPECIAL
RULE FOR LOSSES ARISING
12
IN 2018, 2019, AND 2020.—
13
‘‘(i) IN
GENERAL.—In
the case of any
14
net operating loss arising in a taxable year
15
beginning after December 31, 2017, and
16
before January 1, 2020—
17
‘‘(I) such loss shall be a net oper-
18
ating loss carryback to each of the 5
19
taxable years preceding the taxable
20
year of such loss, and
21
kjohnson on DSK79L0C42PROD with BILLS
172(b)(1) of the In-
‘‘(II)
subparagraphs
22
(C)(i) shall not apply.
23
‘‘(ii) SPECIAL
24
22:59 Mar 19, 2020
For purposes of this subparagraph—
Jkt 099200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
and
RULES FOR REIT’S.—
•S 3548 IS
VerDate Sep 11 2014
(B)
E:\BILLS\S3548.IS
S3548
69
1
‘‘(I) IN
ating loss for a REIT year shall not
3
be a net operating loss carryback to
4
any taxable year preceding the taxable
5
year of such loss.
‘‘(II) SPECIAL
RULE.—In
the
7
case of any net operating loss for a
8
taxable year which is not a REIT
9
year, such loss shall not be carried
10
back to any taxable year which is a
11
REIT year.
12
‘‘(III) REIT
YEAR.—For
pur-
13
poses of this subparagraph, the term
14
‘REIT year’ means any taxable year
15
for which the provisions of part II of
16
subchapter M (relating to real estate
17
investment trusts) apply to the tax-
18
payer.
19
‘‘(iii) ELECTION.—A taxpayer may
20
elect not to have clause (i) apply for any
21
taxable year. Such election shall be made
22
in such manner as prescribed by the Sec-
23
retary and shall be made—
24
‘‘(I) in the case of any election
25
relating to a net operating loss arising
•S 3548 IS
VerDate Sep 11 2014
net oper-
2
6
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—A
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
70
1
in a taxable year beginning in 2018 or
2
2019, by the due date (including ex-
3
tensions of time) for filing the tax-
4
payer’s return for the first taxable
5
year ending after the date of the en-
6
actment of this subparagraph, and
7
‘‘(II) in the case of any election
8
relating to a net operating loss arising
9
in a taxable year beginning in 2020,
10
by the due date (including extensions
11
of time) for such taxable year.
12
Such election, once made for any taxable
13
year, shall be irrevocable for such taxable
14
year.’’.
15
(2)
CONFORMING
AMENDMENT.—Section
16
170(b)(1)(A) of such Code, as amended by sub-
17
section (c)(2), is amended by striking ‘‘and (C)(i)’’
18
and inserting ‘‘, (C)(i), and (D)’’.
19
(c) TECHNICAL AMENDMENT RELATING
TO
SECTION
20 13302 OF PUBLIC LAW 115–97.—
kjohnson on DSK79L0C42PROD with BILLS
21
(1) Section 13302(e) of Public Law 115–97 is
22
amended to read as follows:
23
‘‘(e) EFFECTIVE DATES.—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
71
1
‘‘(1) NET
2
amendments made by subsections (a) and (d)(2)
3
shall apply to—
4
‘‘(A) taxable years beginning after Decem-
5
ber 31, 2017, and
6
‘‘(B) taxable years beginning on or before
7
December 31, 2017, to which net operating
8
losses arising in taxable years beginning after
9
December 31, 2017, are carried.
10
kjohnson on DSK79L0C42PROD with BILLS
OPERATING LOSS LIMITATION.—The
‘‘(2) CARRYFORWARDS
AND CARRYBACKS.—The
11
amendments made by subsections (b), (c), and
12
(d)(1) shall apply to net operating losses arising in
13
taxable years beginning after December 31, 2017.’’.
14
(2) Section 172(b)(1)(A) of the Internal Rev-
15
enue Code of 1986 is amended to read as follows:
16
‘‘(A) GENERAL
17
loss for any taxable year—
RULE.—A
net operating
18
‘‘(i) shall be a net operating loss
19
carryback to the extent provided in sub-
20
paragraphs (B) and (C)(i), and
21
‘‘(ii) except as provided in subpara-
22
graph (C)(ii), shall be a net operating loss
23
carryover—
24
‘‘(I) in the case of a net oper-
25
ating loss arising in a taxable year be-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
72
1
ginning before January 1, 2018, to
2
each of the 20 taxable years following
3
the taxable year of the loss, and
4
‘‘(II) in the case of a net oper-
5
ating loss arising in a taxable year be-
6
ginning after December 31, 2017, to
7
each taxable year following the tax-
8
able year of the loss.’’.
9
(d) EFFECTIVE DATES.—
10
11
(1) NET
amendments made by subsection (a) shall apply—
12
(A) to taxable years beginning after De-
13
cember 31, 2017, and
14
(B) taxable years beginning on or before
15
December 31, 2017, to which net operating
16
losses arising in taxable years beginning after
17
December 31, 2017, are carried.
18
(2) CARRYFORWARDS
AND CARRYBACKS.—The
19
amendment made by subsection (b) shall apply to
20
net operating losses arising in taxable years begin-
21
ning after December 31, 2017.
22
kjohnson on DSK79L0C42PROD with BILLS
OPERATING LOSS LIMITATION.—The
(3) TECHNICAL
AMENDMENTS.—The
23
ments made by subsection (c) shall take effect as if
24
included in the provisions of Public Law 115–97 to
25
which they relate.
•S 3548 IS
VerDate Sep 11 2014
amend-
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
73
1
(4) SPECIAL
the case of a net oper-
2
ating loss arising in a taxable year beginning before
3
January 1, 2018, and ending after December 31,
4
2017—
5
(A) an application under section 6411(a)
6
of the Internal Revenue Code of 1986 with re-
7
spect to the carryback of such net operating
8
loss shall not fail to be treated as timely filed
9
if filed not later than the date which is 120
10
days after the date of the enactment of this
11
Act, and
12
(B) an election to—
13
(i) forgo any carryback of such net
14
kjohnson on DSK79L0C42PROD with BILLS
RULE.—In
operating loss,
15
(ii) reduce any period to which such
16
net operating loss may be carried back, or
17
(iii) revoke any election made under
18
section 172(b) to forgo any carryback of
19
such net operating loss,
20
shall not fail to be treated as timely made if
21
made not later than the date which is 120 days
22
after the date of the enactment of this Act.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
74
1
SEC. 2204. MODIFICATION OF LIMITATION ON LOSSES FOR
2
TAXPAYERS OTHER THAN CORPORATIONS.
3
(a) IN GENERAL.—Section 461(l)(1) of the Internal
4 Revenue Code of 1986 is amended by striking ‘‘December
5 31, 2017’’ and inserting ‘‘December 31, 2020’’.
6
7
(b) TECHNICAL AMENDMENTS RELATING
TION
8
(1) Section 461(l)(2) of the Internal Revenue
9
Code of 1986 is amended by striking ‘‘a net oper-
10
ating loss carryover to the following taxable year
11
under section 172’’ and inserting ‘‘a net operating
12
loss for the taxable year for purposes of determining
13
any net operating loss carryover under section
14
172(b) for subsequent taxable years’’.
16
(2) Section 461(l)(3)(A) of such Code is
amended—
17
(A) in clause (i), by inserting ‘‘and without
18
regard to any deduction allowable under section
19
172 or 199A’’ after ‘‘under paragraph (1)’’,
20
and
21
(B) by adding at the end the following
22
kjohnson on DSK79L0C42PROD with BILLS
SEC-
11012 OF PUBLIC LAW 115–97.—
15
flush sentence:
23
‘‘Such excess shall be determined without regard to
24
any deductions, gross income, or gains attributable
25
to any trade or business of performing services as an
26
employee.’’.
•S 3548 IS
VerDate Sep 11 2014
TO
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
75
1
(3) Section 461(l)(3) of such Code is amended
2
by redesignating subparagraph (B) as subparagraph
3
(C) and by inserting after subparagraph (A) the fol-
4
lowing new subparagraph:
5
‘‘(B) TREATMENT
6
LOSSES.—
7
‘‘(i) LOSSES.—Deductions for losses
8
from sales or exchanges of capital assets
9
shall not be taken into account under sub-
10
paragraph (A)(i).
11
‘‘(ii) GAINS.—The amount of gains
12
from sales or exchanges of capital assets
13
taken into account under subparagraph
14
(A)(ii) shall not exceed the lesser of—
15
‘‘(I) the capital gain net income
16
determined by taking into account
17
only gains and losses attributable to a
18
trade or business, or
19
‘‘(II) the capital gain net in-
20
21
come.’’.
(c) EFFECTIVE DATES.—
22
kjohnson on DSK79L0C42PROD with BILLS
OF CAPITAL GAINS AND
(1) IN
GENERAL.—The
amendments made by
23
subsection (a) shall apply to taxable years beginning
24
after December 31, 2017.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
76
1
(2) TECHNICAL
AMENDMENTS.—The
amend-
2
ments made by subsection (b) shall take effect as if
3
included in the provisions of Public Law 115–97 to
4
which they relate.
5
SEC. 2205. MODIFICATION OF CREDIT FOR PRIOR YEAR
6
MINIMUM TAX LIABILITY OF CORPORATIONS.
7
(a) IN GENERAL.—Section 53(e) of the Internal Rev-
8 enue Code of 1986 is amended to read as follows:
9
10
‘‘(e) CREDIT TREATED
TAIN
AS
REFUNDABLE
FOR
CER-
TAXPAYERS.—In the case of the first taxable year
11 of a corporation beginning in 2018—
12
‘‘(1) subsection (c) shall not apply, and
13
‘‘(2) for purposes of this title (other than this
14
section), the credit allowed by reason of this sub-
15
section shall be treated as allowed under subpart C
16
(and not this subpart).’’.
17
(b) EFFECTIVE DATE.—The amendment made by
18 this section shall apply to taxable years beginning after
19 December 31, 2017.
20
SEC. 2206. MODIFICATION OF LIMITATION ON BUSINESS IN-
21
22
TEREST.
(a) IN GENERAL.—Section 163(j) of the Internal
kjohnson on DSK79L0C42PROD with BILLS
23 Revenue Code of 1986 is amended by redesignating para24 graph (10) as paragraph (11) and by inserting after para25 graph (9) the following new paragraph:
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
77
1
2
‘‘(10) SPECIAL
RULE FOR TAXABLE YEARS BE-
GINNING IN 2019 AND 2020.—
3
‘‘(A) IN
GENERAL.—In
the case of any
4
taxable year beginning in 2019 or 2020, para-
5
graph (1)(B) shall be applied by substituting
6
‘50 percent’ for ‘30 percent’.
7
‘‘(B) ELECTION
8
TO USE 2019 INCOME FOR
TAXABLE YEARS BEGINNING IN 2020.—
9
‘‘(i) IN
GENERAL.—Subject
to clause
10
(ii), in the case of any taxable year begin-
11
ning in 2020, the taxpayer may elect to
12
apply this subsection by substituting the
13
adjusted taxable income of the taxpayer for
14
the last taxable year beginning in 2019 for
15
the adjusted taxable income for such tax-
16
able year.
17
‘‘(ii) SPECIAL
RULE FOR SHORT TAX-
18
ABLE YEARS.—No
election may be made
19
under clause (i) with respect to any taxable
20
year beginning in 2020 if such taxable
21
year is a short taxable year.’’.
22
(b) EFFECTIVE DATE.—The amendments made by
kjohnson on DSK79L0C42PROD with BILLS
23 this section shall apply to taxable years beginning after
24 December 31, 2018.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
78
1
SEC. 2207. TECHNICAL AMENDMENTS REGARDING QUALI-
2
FIED IMPROVEMENT PROPERTY.
3
(a) IN GENERAL.—Section 168 of the Internal Rev-
4 enue Code of 1986 is amended—
5
(1) in subsection (e)—
6
(A) in paragraph (3)(E), by striking ‘‘and’’
7
at the end of clause (v), by striking the period
8
at the end of clause (vi) and inserting ‘‘, and’’,
9
and by adding at the end the following new
10
clause:
11
‘‘(vii) any qualified improvement prop-
12
erty.’’, and
13
(B) in paragraph (6)(A), by inserting
14
‘‘made by the taxpayer’’ after ‘‘any improve-
15
ment’’, and
16
(2) in the table contained in subsection
17
(g)(3)(B)—
18
(A) by striking the item relating to sub-
19
paragraph (D)(v), and
20
(B) by inserting after the item relating to
21
subparagraph (E)(vi) the following new item:
‘‘(E)(vii) .......................................................................................
22
20’’.
(b) EFFECTIVE DATE.—The amendments made by
kjohnson on DSK79L0C42PROD with BILLS
23 this section shall take effect as if included in section
24 13204 of Public Law 115–97.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
79
1
SEC. 2208. INSTALLMENTS NOT TO PREVENT CREDIT OR
2
REFUND OF OVERPAYMENTS OR INCREASE
3
ESTIMATED TAXES.
4
(a) IN GENERAL.—Section 965(h) of the Internal
5 Revenue Code of 1986 is amended by adding at the end
6 the following new paragraph:
7
‘‘(7) INSTALLMENTS
8
OR REFUND OF OVERPAYMENTS OR INCREASE ESTI-
9
MATED TAXES.—If
an election is made under para-
10
graph (1) to pay the net tax liability under this sec-
11
tion in installments—
12
‘‘(A) no installment of such net tax liabil-
13
kjohnson on DSK79L0C42PROD with BILLS
NOT TO PREVENT CREDIT
ity shall—
14
‘‘(i) in the case of a request for credit
15
or refund, be taken into account as a li-
16
ability for purposes of determining whether
17
an overpayment exists for purposes of sec-
18
tion 6402 before the date on which such
19
installment is due, or
20
‘‘(ii) for purposes of sections 6425,
21
6654, and 6655, be treated as a tax im-
22
posed by section 1, section 11, or sub-
23
chapter L of chapter 1, and
24
‘‘(B) the first sentence of section 6403
25
shall not apply with respect to any such install-
26
ment.’’.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
80
1
(b) LIMITATION
ON
PAYMENT
OF INTEREST.—In
the
2 case of the portion of any overpayment which exists by
3 reason of the application of section 965(h)(7) of the Inter4 nal Revenue Code of 1986 (as added by this section)—
5
(1) if credit or refund of such portion is made
6
on or before the date which is 45 days after the date
7
of the enactment of this Act, no interest shall be al-
8
lowed or paid under section 6611 of such Code with
9
respect to such portion; and
10
(2) if credit or refund of such portion is made
11
after the date which is 45 days after the date of the
12
enactment of this Act, no interest shall be allowed
13
or paid under section 6611 of such Code with re-
14
spect to such portion for any period before the date
15
of the enactment of this Act.
16
(c) EFFECTIVE DATE.—The amendment made by
17 subsection (a) shall take effect as if included in section
18 14103 of Public Law 115–97.
19
SEC. 2209. RESTORATION OF LIMITATION ON DOWNWARD
20
ATTRIBUTION OF STOCK OWNERSHIP IN AP-
21
PLYING CONSTRUCTIVE OWNERSHIP RULES.
22
(a) IN GENERAL.—Section 958(b) of the Internal
kjohnson on DSK79L0C42PROD with BILLS
23 Revenue Code of 1986 is amended—
24
25
(1) by inserting after paragraph (3) the following:
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
81
1
‘‘(4) Subparagraphs (A), (B), and (C) of sec-
2
tion 318(a)(3) shall not be applied so as to consider
3
a United States person as owning stock which is
4
owned by a person who is not a United States per-
5
son.’’, and
6
(2) by striking ‘‘Paragraph (1)’’ in the last sen-
7
tence and inserting ‘‘Paragraphs (1) and (4)’’.
8
(b) FOREIGN CONTROLLED UNITED STATES SHARE-
9
HOLDERS.—Subpart
F of part III of subchapter N of
10 chapter 1 of such Code is amended by inserting after sec11 tion 951A the following new section:
12
‘‘SEC. 951B. AMOUNTS INCLUDED IN GROSS INCOME OF
13
FOREIGN
14
SHAREHOLDERS.
15
CONTROLLED
UNITED
STATES
‘‘(a) IN GENERAL.—In the case of any foreign con-
16 trolled United States shareholder of a foreign controlled
kjohnson on DSK79L0C42PROD with BILLS
17 foreign corporation—
18
‘‘(1) this subpart (other than sections 951A,
19
951(b), 957, and 965) shall be applied with respect
20
to such shareholder (separately from, and in addi-
21
tion to, the application of this subpart without re-
22
gard to this section)—
23
‘‘(A) by substituting ‘foreign controlled
24
United States shareholder’ for ‘United States
25
shareholder’ each place it appears therein, and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
82
1
‘‘(B) by substituting ‘foreign controlled
2
foreign corporation’ for ‘controlled foreign cor-
3
poration’ each place it appears therein, and
4
‘‘(2) sections 951A and 965 shall be applied
5
with respect to such shareholder —
6
‘‘(A) by treating each reference to ‘United
7
States shareholder’ in such sections as includ-
8
ing a reference to such shareholder, and
9
‘‘(B) by treating each reference to ‘con-
10
trolled foreign corporation’ in such sections as
11
including a reference to such foreign controlled
12
foreign corporation.
13
‘‘(b)
FOREIGN
CONTROLLED
UNITED
STATES
14 SHAREHOLDER.—For purposes of this section, the term
15 ‘foreign controlled United States shareholder’ means, with
16 respect to any foreign corporation, any United States per17 son which would be a United States shareholder with re-
kjohnson on DSK79L0C42PROD with BILLS
18 spect to such foreign corporation if—
19
‘‘(1) section 951(b) were applied by substituting
20
‘more than 50 percent’ for ‘10 percent or more’, and
21
‘‘(2) section 958(b) were applied without regard
22
to paragraph (4) thereof.
23
‘‘(c) FOREIGN CONTROLLED FOREIGN CORPORA-
24
TION.—For
purposes of this section, the term ‘foreign con-
25 trolled foreign corporation’ means a foreign corporation,
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
83
1 other than a controlled foreign corporation, which would
2 be a controlled foreign corporation if section 957(a) were
3 applied—
4
‘‘(1) by substituting ‘foreign controlled United
5
States shareholders’ for ‘United States share-
6
holders’, and
7
‘‘(2) by substituting ‘section 958(b) (other than
8
paragraph (4) thereof)’ for ‘section 958(b)’.
9
‘‘(d) REGULATIONS.—The Secretary shall prescribe
10 such regulations or other guidance as may be necessary
11 or appropriate to carry out the purposes of this section,
12 including regulations or other guidance—
13
‘‘(1) to treat a foreign controlled United States
14
shareholder or a foreign controlled foreign corpora-
15
tion as a United States shareholder or as a con-
16
trolled foreign corporation, respectively, for purposes
17
of provisions of this title other than this subpart,
18
and
19
‘‘(2) to prevent the avoidance of the purposes of
20
this section.’’.
21
(c) CLERICAL AMENDMENT.—The table of sections
22 for subpart F of part III of subchapter N of chapter 1
kjohnson on DSK79L0C42PROD with BILLS
23 of such Code is amended by inserting after the item relat24 ing to section 951A the following new item:
‘‘Sec. 951B. Amounts included in gross income of foreign controlled United
States shareholders.’’.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6211
E:\BILLS\S3548.IS
S3548
84
1
(d) EFFECTIVE DATE.—The amendments made by
2 this section shall apply to—
3
(1) the last taxable year of foreign corporations
4
beginning before January 1, 2018, and each subse-
5
quent taxable year of such foreign corporations, and
6
(2) taxable years of United States persons in
7
which or with which such taxable years of foreign
8
corporations end.
14
DIVISION C—ASSISTANCE TO SEVERELY DISTRESSED SECTORS OF THE UNITED STATES
ECONOMY
TITLE I—ECONOMIC
STABILIZATION
15
SEC. 3101. SHORT TITLE.
9
10
11
12
13
16
This title may be cited as the ‘‘Coronavirus Economic
17 Stabilization Act of 2020’’.
18
SEC. 3102. EMERGENCY RELIEF THROUGH LOANS AND
19
20
LOAN GUARANTEES.
(a) IN GENERAL.—Notwithstanding any other provi-
21 sion of law, to provide liquidity to eligible businesses re22 lated to losses incurred as a direct result of coronavirus,
kjohnson on DSK79L0C42PROD with BILLS
23 the Secretary is authorized to make or guarantee loans
24 to eligible businesses that do not, in the aggregate, exceed
25 $208,000,000,000 and provide the subsidy amounts nec•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
85
1 essary for such loans and loan guarantees in accordance
2 with the provisions of the Federal Credit Reform Act of
3 1990 (2 U.S.C. 661 et seq.).
4
5
(b) DISTRIBUTION
TEES.—Loans
OF
LOANS
AND
LOAN GUARAN-
and loan guarantees made pursuant to sub-
6 section (a) shall be made available to eligible business as
7 follows:
8
9
(1) Not more than $50,000,000,000 shall be
available for passenger air carriers.
10
11
(2) Not more than $8,000,000,000 shall be
available for cargo air carriers.
12
(3) Not more than $150,000,000,000 shall be
13
available for other eligible businesses.
14
(c) LOANS AND LOAN GUARANTEES.—
kjohnson on DSK79L0C42PROD with BILLS
15
(1) IN
GENERAL.—The
Secretary shall review
16
and decide on applications for loans and loan guar-
17
antees under this section and may enter into agree-
18
ments to make or guarantee loans to one or more
19
obligors if the Secretary determines, in the Sec-
20
retary’s discretion, that—
21
(A) the obligor is a eligible business for
22
which credit is not reasonably available at the
23
time of the transaction;
24
(B) the intended obligation by the obligor
25
is prudently incurred; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
86
1
(C) the loan is sufficiently secured.
2
(2) TERMS
kjohnson on DSK79L0C42PROD with BILLS
3
AND LIMITATIONS.—
(A) FORMS;
TERMS AND CONDITIONS.—A
4
loan or loan guarantee shall be issued under
5
this section in such form and on such terms
6
and conditions and contain such covenants, rep-
7
resentatives, warranties, and requirements (in-
8
cluding requirements for audits) as the Sec-
9
retary determines appropriate. Any loans made
10
by the Secretary under this section shall be at
11
a rate not less than a rate determined by the
12
Secretary taking into consideration the current
13
average yield on outstanding marketable obliga-
14
tions of the United States of comparable matu-
15
rity.
16
(B) PROCEDURES.—As soon as prac-
17
ticable, but in no case later than 10 days after
18
the date of enactment of this Act, the Secretary
19
shall publish procedures for application and
20
minimum requirements, which may be supple-
21
mented by the Secretary in the Secretary’s dis-
22
cretion, for the making of loans and loan guar-
23
antees under this section.
24
(d) FINANCIAL PROTECTION OF GOVERNMENT.—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
87
1
(1) IN
GENERAL.—To
the extent feasible and
2
practicable, the Secretary shall ensure that the Fed-
3
eral Government is compensated for the risk as-
4
sumed in making loans and loan guarantees under
5
this section.
6
(2) GOVERNMENT
PARTICIPATION IN GAINS.—If
7
an eligible business receives a loan or loan guarantee
8
from the Federal Government under this section, the
9
Secretary is authorized to enter into contracts under
10
which the Federal Government, contingent on the fi-
11
nancial success of the eligible business, would par-
12
ticipate in the gains of the eligible business or its se-
13
curity holders through the use of such instruments
14
as warrants, stock options, common or preferred
15
stock, or other appropriate equity instruments.
16
(e) DEPOSIT
OF
PROCEEDS.—Amounts collected by
17 the Secretary under this section, including the proceeds
18 of investments, earnings, and interest collected, shall be
kjohnson on DSK79L0C42PROD with BILLS
19 deposited as follows:
20
(1) Amounts collected from eligible businesses
21
that received loans or loan guarantees under para-
22
graph (1) or (2) of subsection (b) shall be deposited
23
in the Airport and Airway Trust Fund under section
24
9502 of the Internal Revenue Code of 1986.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
88
1
(2) Amounts collected from eligible businesses
2
that received loans or loan guarantees under para-
3
graph (3) of subsection (b) shall be deposited in the
4
Treasury as miscellaneous receipts.
5
(f) ADMINISTRATIVE EXPENSES.—Notwithstanding
6 any other provision of law, the Secretary may use
7 $100,000,000 of the funds made available under this sec8 tion to pay costs and administrative expenses associated
9 with the provision of direct loans or guarantees authorized
10 under this section.
11
(g) CONFORMING AMENDMENT.—Section 10(a) of
12 the Gold Reserve Act of 1934 (31 U.S.C. 5302(a)) is
13 amended—
14
(1) by striking ‘‘and’’ before ‘‘section 3’’; and
15
(2) by inserting ‘‘and the Coronavirus Eco-
16
nomic Stabilization Act of 2020,’’ before ‘‘and for
17
investing’’.
18
SEC. 3103. LIMITATION ON CERTAIN EMPLOYEE COM-
19
20
PENSATION.
(a) IN GENERAL.—The Secretary may only enter into
21 a loan or loan agreement under section 3102(a) with an
22 eligible business after the eligible business enters into a
kjohnson on DSK79L0C42PROD with BILLS
23 legally binding agreement with the Secretary that, during
24 the 2-year period beginning March 1, 2020, and ending
25 March 1, 2022, no officer or employee of the eligible busi•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
89
1 ness whose total compensation exceeded $425,000 in cal2 endar year 2019 (other than an employee whose com3 pensation is determined through an existing collective bar4 gaining agreement entered into prior to March 1, 2020)—
5
(1) will receive from the eligible business total
6
compensation which exceeds, during any 12 consecu-
7
tive months of such 2-year period, the total com-
8
pensation received by the officer or employee from
9
the eligible business in calendar year 2019; and
10
(2) will receive from the eligible business sever-
11
ance pay or other benefits upon termination of em-
12
ployment with the eligible business which exceeds
13
twice the maximum total compensation received by
14
the officer or employee from the eligible business in
15
calendar year 2019.
16
(b) TOTAL COMPENSATION DEFINED.—In this sec-
17 tion, the term ‘‘total compensation’’ includes salary, bo18 nuses, awards of stock, and other financial benefits pro19 vided by an eligible business to an officer or employee of
20 the eligible business.
21
SEC. 3104. CONTINUATION OF CERTAIN AIR SERVICE.
22
The Secretary of Transportation is authorized to re-
kjohnson on DSK79L0C42PROD with BILLS
23 quire, to the extent reasonable and practicable, an air car24 rier receiving loans and loan guarantees under section
25 3102 to maintain scheduled air transportation service as
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
90
1 the Secretary of Transportation deems necessary to ensure
2 services to any point served by that carrier before March
3 1, 2020. When considering whether to exercise the author4 ity granted by this section, the Secretary of Transpor5 tation shall take into consideration the air transportation
6 needs of small and remote communities.
7
SEC. 3105. REPORTS.
8
(a) SECRETARY.—The Secretary shall, with respect
9 to the loans and loan guarantees provided under section
10 3102, make such reports as are required under section
11 5302 or title 31, United States Code.
kjohnson on DSK79L0C42PROD with BILLS
12
(b) GOVERNMENT ACCOUNTABILITY OFFICE.—
13
(1) STUDY.—The Comptroller General of the
14
United States shall conduct a study on the loans
15
and loan guarantees provided under section 3102.
16
(2) REPORT.—Not later than 9 months after
17
the date of enactment of this Act, and annually
18
thereafter through the year succeeding the last year
19
for which loans or loan guarantees provided under
20
section 3102 are in effect, the Comptroller General
21
shall submit to the Committee on Transportation
22
and Infrastructure, the Committee on Appropria-
23
tions, and the Committee on the Budget of the
24
House of Representatives and the Committee on
25
Commerce, Science, and Transportation, the Com-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
91
1
mittee on Appropriations, and the Committee on the
2
Budget of the Senate a report on the loans and loan
3
guarantees provided under section 3102.
4
SEC. 3106. COORDINATION WITH SECRETARY OF TRANS-
5
PORTATION.
6
In implementing this title with respect to air carriers,
7 the Secretary shall coordinate with the Secretary of
8 Transportation.
9
SEC. 3107. DEFINITIONS.
10
In this title:
11
(1) AIR
term ‘‘air carrier’’ has
12
the meaning such term has under section 40102 of
13
title 49, United States Code.
14
(2) CORONAVIRUS.—The term ‘‘coronavirus’’
15
means SARS-CoV-2 or another coronavirus with
16
pandemic potential.
17
kjohnson on DSK79L0C42PROD with BILLS
CARRIER.—The
(3) COVERED
LOSS.—The
term ‘‘covered loss’’
18
includes losses, direct or incremental, incurred as a
19
result of coronavirus, as determined by the Sec-
20
retary.
21
(4) ELIGIBLE
22
business’’ means—
BUSINESS.—The
term ‘‘eligible
23
(A) an air carrier; or
24
(B) a United States business that has in-
25
curred covered losses such that the continued
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
92
1
operations of the business are jeopardized, as
2
determined by the Secretary, and that has not
3
otherwise applied for or received economic relief
4
in the form of loans or loan guarantees pro-
5
vided under any other provision of this Act.
6
(5) SECRETARY.—The term ‘‘Secretary’’ means
7
the Secretary of the Treasury, or the designee of the
8
Secretary of the Treasury.
9
SEC. 3108. RULE OF CONSTRUCTION.
10
Nothing in this title shall be construed to allow the
11 Secretary to provide relief to eligible businesses except in
12 the form of secured loans and loan guarantees as provided
13 in this title and under terms and conditions that are in
14 the interest of the Federal Government.
16
TITLE II—AVIATION EXCISE
TAXES
17
SEC. 3201. SUSPENSION OF CERTAIN AVIATION EXCISE
15
18
19
TAXES.
(a) TRANSPORTATION
BY
AIR.—In the case of any
20 payment for transportation by air (including any amount
21 treated as paid for transportation by air by reason of sec22 tion 4261(e)(3) of the Internal Revenue Code of 1986)
kjohnson on DSK79L0C42PROD with BILLS
23 during the excise tax holiday period, no tax shall be im24 posed under section 4261 or 4271 of such Code. The pre25 ceding sentence shall not apply to amounts paid for trans•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
93
1 portation on or before the date of the enactment of this
2 Act.
3
(b) USE OF KEROSENE IN COMMERCIAL AVIATION.—
4 In the case of kerosene used in commercial aviation (as
5 defined in section 4083 of the Internal Revenue Code of
6 1986) during the excise tax holiday period—
7
8
(1) no tax shall be imposed on such kerosene
under—
9
(A) section 4041(c) of the Internal Rev-
10
enue Code of 1986, or
11
(B) section 4081 of such Code (other than
12
at the rate provided in subsection (a)(2)(B)
13
thereof), and
14
(2) section 6427(l) of such Code shall be ap-
15
plied—
16
(A) by treating such use as a nontaxable
17
use, and
18
(B) without regard to paragraph (4)(A)(ii)
19
20
thereof.
(c) EXCISE TAX HOLIDAY PERIOD.—For purposes of
21 section, the term ‘‘excise tax holiday period’’ means the
22 period beginning after the date of the enactment of this
kjohnson on DSK79L0C42PROD with BILLS
23 section and ending before January 1, 2021.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
94
5
DIVISION D—HEALTH CARE
RESPONSE
TITLE I—HEALTH PROVISIONS
Subtitle A—Addressing Supply
Shortages
6
PART I—MOVING THE STRATEGIC NATIONAL
7
STOCKPILE TO ASPR
8
SEC. 4101. MOVING THE STRATEGIC NATIONAL STOCKPILE
1
2
3
4
9
10
TO ASPR.
Section 319F–2(a)(1) of the Public Health Service
11 Act (42 U.S.C. 247d–6b(a)(1)) is amended by striking
12 ‘‘The Secretary, in collaboration with the Assistant Sec13 retary for Preparedness and Response and the Director
14 of the Centers for Disease Control and Prevention, and
15 in coordination with the Secretary of Homeland Security
16 (referred to in this section as the ‘Homeland Security Sec17 retary’), shall maintain’’ and inserting ‘‘The Secretary, in
18 collaboration with the Assistant Secretary for Prepared19 ness and Response, and in coordination with the Secretary
20 of Homeland Security (referred to in this section as the
kjohnson on DSK79L0C42PROD with BILLS
21 ‘Homeland Security Secretary’), shall maintain’’.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
95
1
PART II—MEDICAL PRODUCT SUPPLIES
2
SEC. 4111. NATIONAL ACADEMIES REPORT ON AMERICA’S
3
MEDICAL PRODUCT SUPPLY CHAIN SECU-
4
RITY.
5
(a) IN GENERAL.—Not later than 60 days after the
6 date of enactment of this Act, the Secretary of Health and
7 Human Services shall enter into an agreement with the
8 National Academies of Sciences, Engineering, and Medi9 cine (referred to in this section as the ‘‘National Acad10 emies’’) to examine, and, in a manner that does not com11 promise national security, report on, the security of the
12 United States medical product supply chain.
13
(b) PURPOSES.—The report developed under this sec-
kjohnson on DSK79L0C42PROD with BILLS
14 tion shall—
15
(1) assess and evaluate the dependence of the
16
United States, including the private commercial sec-
17
tor, States, and the Federal Government, on critical
18
drugs and devices that are sourced or manufactured
19
outside of the United States, which may include an
20
analysis of—
21
(A) the supply chain of critical drugs and
22
devices of greatest priority to providing health
23
care;
24
(B) any potential public health security or
25
national security risks associated with reliance
26
on critical drugs and devices sourced or manu•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
96
1
factured outside of the United States, which
2
may include responses to previous or existing
3
shortages or public health emergencies, such as
4
infectious disease outbreaks, bioterror attacks,
5
and other public health threats;
6
(C) any existing supply chain information
7
gaps, as applicable; and
8
(D) potential economic impact of increased
9
domestic manufacturing; and
10
(2) provide recommendations, which may in-
11
clude a plan to improve the resiliency of the supply
12
chain for critical drugs and devices as described in
13
paragraph
14
vulnerabilities or potential disruptions of such prod-
15
ucts that would significantly affect or pose a threat
16
to public health security or national security, as ap-
17
propriate, which may include strategies to—
18
and
to
address
any
contingency planning;
20
(B) encourage domestic manufacturing, in-
21
cluding consideration of economic impacts, if
22
any;
23
(C) improve supply chain information
24
gaps;
•S 3548 IS
VerDate Sep 11 2014
supply
(A) promote supply chain redundancy and
19
kjohnson on DSK79L0C42PROD with BILLS
(1),
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
97
1
(D) improve planning considerations for
2
medical product supply chain capacity during
3
public health emergencies; and
4
(E) promote the accessibility of such drugs
5
6
and devices.
(c) INPUT.—In conducting the study and developing
7 the report under subsection (b), the National Academies
kjohnson on DSK79L0C42PROD with BILLS
8 shall—
9
(1) consider input from the Department of
10
Health and Human Services, the Department of
11
Homeland Security, the Department of Defense, the
12
Department of Commerce, the Department of State,
13
the Department of Veterans Affairs, the Department
14
of Justice, and any other Federal agencies as appro-
15
priate; and
16
(2) consult with relevant stakeholders, which
17
may include conducting public meetings and other
18
forms of engagement, as appropriate, with health
19
care providers, medical professional societies, State-
20
based societies, public health experts, State and local
21
public health departments, State medical boards, pa-
22
tient groups, medical product manufacturers, health
23
care distributors, wholesalers and group purchasing
24
organizations, pharmacists, and other entities with
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
98
1
experience in health care and public health, as ap-
2
propriate.
3
(d) DEFINITIONS.—In this section, the terms ‘‘de-
4 vice’’ and ‘‘drug’’ have the meanings given such terms in
5 section 201 of the Federal Food, Drug, and Cosmetic Act
6 (21 U.S.C. 321).
7
SEC. 4112. REQUIRING THE STRATEGIC NATIONAL STOCK-
8
PILE TO INCLUDE CERTAIN TYPES OF MED-
9
ICAL SUPPLIES.
10
Section 319F–2(a)(1) of the Public Health Service
11 Act (42 U.S.C. 247d–6b(a)(1)) is amended by inserting
12 ‘‘(including personal protective equipment, ancillary med13 ical supplies, and other applicable supplies required for the
14 administration of drugs, vaccines and other biological
15 products, medical devices, and diagnostic tests in the
16 stockpile)’’ after ‘‘other supplies’’.
17
SEC. 4113. TREATMENT OF RESPIRATORY PROTECTIVE DE-
18
19
VICES AS COVERED COUNTERMEASURES.
Section 319F–3(i)(1) of the Public Health Service
20 Act (42 U.S.C. 247d–6d(i)(1)) is amended—
21
22
(1) in subparagraph (B), by striking ‘‘or’’ at
the end;
kjohnson on DSK79L0C42PROD with BILLS
23
24
(2) in subparagraph (C), by striking the period
at the end and inserting ‘‘; or’’; and
25
(3) by adding at the end the following:
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
99
1
‘‘(D) a respiratory protective device that is
2
approved by the National Institute for Occupa-
3
tional Safety and Health under part 84 of title
4
42, Code of Federal Regulations (or any suc-
5
cessor regulations), and that the Secretary de-
6
termines to be a priority for use during a public
7
health emergency declared pursuant to section
8
319.’’.
9
PART III—MITIGATING EMERGENCY DRUG
10
SHORTAGES
11
SEC. 4121. PRIORITIZE REVIEWS OF DRUG APPLICATIONS;
12
13
INCENTIVES.
Section 506C(g) of the Federal Food, Drug, and Cos-
14 metic Act (21 U.S.C. 356c(g)) is amended—
15
(1) in paragraph (1), by striking ‘‘the Secretary
16
may’’ and inserting ‘‘the Secretary shall, as appro-
17
priate’’;
18
19
(2) in paragraph (1), by inserting ‘‘prioritize
and’’ before ‘‘expedite the review’’; and
20
kjohnson on DSK79L0C42PROD with BILLS
21
(3) in paragraph (2), by inserting ‘‘prioritize
and’’ before ‘‘expedite an inspection’’.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
100
1
SEC. 4122. ADDITIONAL MANUFACTURER REPORTING RE-
2
QUIREMENTS IN RESPONSE TO DRUG SHORT-
3
AGES.
4
5
(a) EXPANSION TO INCLUDE ACTIVE PHARMACEUTICAL INGREDIENTS.—Subsection
(a) of section 506C
6 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
7 356c) is amended—
8
(1) in paragraph (1)(C), by inserting ‘‘or any
9
such drug that is critical to the public health during
10
a public health emergency determined under section
11
319 of the Public Health Service Act’’ after ‘‘during
12
surgery’’; and
kjohnson on DSK79L0C42PROD with BILLS
13
(2) in the flush text at the end—
14
(A) by inserting ‘‘, or a discontinuance or
15
an interruption in the manufacture of the active
16
pharmaceutical ingredients of such drug,’’ be-
17
fore ‘‘that is likely’’; and
18
(B) by adding at the end the following:
19
‘‘Notification under this subsection shall include
20
disclosure of reasons for the discontinuation or
21
interruption, as applicable; if an active pharma-
22
ceutical ingredient is a reason for, or risk factor
23
in, such discontinuation or interruption, the
24
source of the active pharmaceutical ingredient
25
and any alternative sources for the active phar-
26
maceutical ingredient known by the manufac•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
101
1
turer; whether any associated medical devices
2
used for preparation or administration included
3
in the finished dosage form is a reason for, or
4
a risk factor in, such discontinuation or inter-
5
ruption; the expected duration of the interrup-
6
tion; and such other information as the Sec-
7
retary may require.’’.
8
(b) FOIA EXEMPTION.—Section 506C(d) of the Fed-
9 eral Food, Drug, and Cosmetic Act (21 U.S.C. 356c(d))
10 is amended by adding at the end the following: ‘‘Informa11 tion provided by a manufacturer to the Secretary under
12 this section shall not be subject to disclosure under section
13 552 of title 5, United States Code.’’.
14
(c) MANUFACTURING CONTINGENCY PLANS.—Sec-
15 tion 506C of the Federal Food, Drug, and Cosmetic Act
16 (21 U.S.C. 356c) is amended by adding at the end the
17 following:
18
‘‘(j) MANUFACTURER CONTINGENCY PLANS.—Each
19 manufacturer of a drug described in subsection (a) or of
20 any active pharmaceutical ingredient or any associated
21 medical devices used for preparation or administration in22 cluded in the finished dosage form of such a drug, shall
kjohnson on DSK79L0C42PROD with BILLS
23 maintain contingency and redundancy plans, as applicable,
24 for each establishment in which such drugs or active phar25 maceutical ingredients of such drugs are manufactured to
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
102
1 help prevent or mitigate interruptions in the supply of the
2 drug or ingredient.’’.
3
(d) ANNUAL NOTIFICATION.—Section 506E of the
4 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e)
5 is amended by adding at the end the following:
6
‘‘(d) INTERAGENCY NOTIFICATION.—Not later than
7 180 days after the date of enactment of this subsection,
8 and every 90 days thereafter, the Secretary shall transmit
9 a report regarding the drugs of the current drug shortage
10 list under this section to the Administrator of the Centers
11 for Medicare & Medicaid Services.’’.
12
(e)
REPORTING
AFTER
INSPECTIONS.—Section
13 704(b) of the Federal Food, Drug, and Cosmetic Act (21
14 U.S.C. 374(b)) is amended—
15
16
(1) by redesignating paragraphs (1) and (2)
and subparagraphs (A) and (B);
17
18
(2) by striking ‘‘(b) Upon completion’’ and inserting ‘‘(b)(1) Upon completion’’; and
19
20
(3) by adding at the end the following:
‘‘(2) In carrying out this subsection with respect to
21 any establishment manufacturing a drug approved under
22 subsection (c) or (j) of section 505 for which a notification
kjohnson on DSK79L0C42PROD with BILLS
23 has been submitted in accordance with section 506C is,
24 or has been in the last 5 years, listed on the drug shortage
25 list under section 506E, or that is described in section
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
103
1 505(j)(11)(A), a copy of the report shall be sent promptly
2 to the appropriate offices of the Food and Drug Adminis3 tration with expertise regarding drug shortages. Such of4 fices shall ensure timely and effective coordination regard5 ing the reviews of such report and overseeing the align6 ment of any feedback regarding such report, or corrective
7 or preventative actions, after consideration of the system8 atic benefits and risks to public health, patient safety, the
9 drug supply and drug supply chain, and timely patient ac10 cess to such drugs.’’.
11
(f) EFFECTIVE DATE.—The amendments made by
12 this section and section 4121 shall take effect on the date
13 that is 180 days after the date of enactment of this Act.
14
SEC. 4123. GAO REPORT ON INTRA-AGENCY COORDINA-
15
16
TION.
(a) IN GENERAL.—Not later than 2 years after the
17 date of enactment of this Act, the Comptroller General
18 of the United States shall submit to the Committee on
19 Health, Education, Labor, and Pensions of the Senate and
20 the Committee on Energy and Commerce of the House
21 of Representatives a report examining the Food and Drug
22 Administration’s intra-agency coordination, communica-
kjohnson on DSK79L0C42PROD with BILLS
23 tion, and decision making in assessing drug shortage risks,
24 and taking corrective action.
25
(b) CONTENT.—The report shall include—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
104
1
(1) consideration of—
2
(A) risks associated with violations of cur-
3
rent good manufacturing practices;
4
(B) corrective and preventative actions
5
with respect to such violations requested by the
6
Food and Drug Administration;
7
(C) the effects of potential manufacturing
8
slow-downs or shut-downs on potential drug
9
shortages, including the discontinuance of drug
kjohnson on DSK79L0C42PROD with BILLS
10
manufacturing and marketing;
11
(D) efforts to prioritize review of applica-
12
tions for drugs that the Secretary has deter-
13
mined under section 506E of the Federal Food,
14
Drug, and Cosmetic Act (21 U.S.C. 356e) to be
15
in shortage; and
16
(E) efforts to prioritize inspections of fa-
17
cilities necessary for approval of applications for
18
drugs described in subparagraph (D);
19
(2) a description of how the Food and Drug
20
Administration proactively coordinates strategies to
21
mitigate the consequences of the violations, slow-
22
downs, and shut-downs described in paragraph (1)
23
across agencies; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
105
1
(3) an evaluation of changes in relevant Food
2
and Drug Administration practices that such agency
3
has proposed but not yet implemented.
4
SEC. 4124. REPORT.
5
Not later than 2 years after the date of enactment
6 of this Act, the Secretary of Health and Human Services,
7 in coordination with the Commissioner of Food and Drugs
8 and the Administrator of the Centers for Medicare & Med9 icaid Services, shall develop and submit to the Committee
10 on Health, Education, Labor, and Pensions of the Senate
11 and the Committee on Energy and Commerce of the
12 House of Representatives a report containing rec-
kjohnson on DSK79L0C42PROD with BILLS
13 ommendations—
14
(1) for market-based incentives or other appro-
15
priate mechanisms, sufficient to encourage the man-
16
ufacture of drugs in shortage or at risk of shortage;
17
and
18
(2) on how the Emerging Technology Program
19
of the Food and Drug Administration can help fa-
20
cilitate creating or upgrading existing technologies to
21
address drug shortage challenges and promote mod-
22
ern, reliable manufacturing strategies.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
106
1
SEC. 4125. SAFE HARBOR PROVISION.
2
(a) IN GENERAL.—The Federal Food, Drug, and
3 Cosmetic Act is amended by inserting after section 502
4 (21 U.S.C. 352) the following:
5
‘‘SEC. 502A. SAFE HARBOR PROVISION.
6
‘‘(a) IN GENERAL.—The communication of informa-
7 tion, consistent with subsection (b), with respect to the
8 use of a drug or device authorized under section 564 pro9 vided or distributed to a health care provider, shall not—
10
‘‘(1) be a basis for treating such drug or device
11
as misbranded under subsection (a) or (f) of section
12
502, or in violation of section 505, 515, or 564 of
13
this Act or subsection (a) or (k) of section 351(a)(1)
14
of the Public Health Service Act, as applicable; or
15
‘‘(2) be treated as evidence that such drug or
16
device is misbranded under subsection (a) or (f) of
17
section 502, or in violation of section 505, 513, 515,
18
or 564 of this Act or subsection (a) or (k) of section
19
351 of the Public Health Service Act, as applicable.
20
‘‘(b) PROVISION OF INFORMATION.—
kjohnson on DSK79L0C42PROD with BILLS
21
‘‘(1) IN
GENERAL.—Any
information relating to
22
a use of a drug or device authorized under section
23
564, or for which a submission under section 564
24
has been submitted, that—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
107
1
‘‘(A) is neither false nor misleading, when
2
measured objectively against the information
3
available at the time the statement is made;
4
‘‘(B) is accompanied, as required, by an
5
appropriate disclaimer, as described in para-
6
graph (2); and
7
‘‘(C) is based on competent and reliable
8
scientific evidence, as described in subsection
9
(c).
10
‘‘(2) DISCLAIMERS.—For purposes of para-
11
graph (1), such information shall be accompanied, as
12
necessary, by an appropriate disclaimer, including—
13
‘‘(A) a statement identifying any dif-
14
ferences between the information and any label-
15
ing of the drug or device;
16
‘‘(B) a statement identifying contradictory
17
evidence; and
18
‘‘(C) such other information as may be re-
19
quired by regulation.
20
21
‘‘(c) COMPETENT
DENCE.—In
AND
RELIABLE SCIENTIFIC EVI-
this section, the term ‘competent and reliable
22 scientific evidence’ means evidence established through
kjohnson on DSK79L0C42PROD with BILLS
23 scientific methods that are widely accepted by experts in
24 the relevant field and followed pursuant to a clear and
25 well-described protocol, as scientifically appropriate. Evi•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
108
1 dence may constitute competent and reliable scientific evi2 dence within the meaning of this section—
3
4
‘‘(1) regardless of whether it is supported by 2
adequate and well-controlled clinical studies; and
5
‘‘(2) may include—
6
‘‘(A) information derived from clinical
7
trials, observational studies, clinical studies or
8
bench tests that describe performance, database
9
reviews, registries, patient utilization projec-
10
tions, and modeling techniques, and the data,
11
inputs, and components of such information;
12
‘‘(B) information about the effects of a
13
drug or device in subgroups defined by demo-
14
graphic or other variables, including groups de-
15
fined by race, sex, risk factors, or other vari-
16
ables, such as genomic features or disease se-
17
verity;
18
‘‘(C) information related to the emergency
kjohnson on DSK79L0C42PROD with BILLS
19
use authorization, as applicable; and
20
‘‘(D) information relating to the safety, ef-
21
fectiveness, or benefit of a use or treatment
22
that is authorized under section 564 for a drug
23
or device, including information regarding—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
109
1
‘‘(i) health outcomes, patient or care-
2
giver experience, or other quality metrics;
3
and
4
‘‘(ii) the comparative effectiveness of
5
a drug or device relative to others prod-
6
ucts, other health care interventions, pro-
7
gram and quality improvement interven-
8
tions, or no intervention.
9
‘‘(d) DISTRIBUTION.—Information pursuant to sub-
10 section (b) may be distributed proactively through written
11 or oral means, or other information platforms, to a health
12 care provider, payor, formulary committee, or other simi13 lar entity carrying out responsibilities for making drug
14 coverage, reimbursement, or usage decisions on a popu15 lation basis.
16
‘‘(e) COVERAGE NOT EXCLUDED.—The distribution
17 of information that otherwise meets the requirements of
18 this section shall not fail to meet the requirements of sub19 section (a) because the manufacturer or distributor of the
20 drug or device about which information is being distrib-
kjohnson on DSK79L0C42PROD with BILLS
21 uted has—
22
‘‘(1) knowledge that such drug or device is
23
being used by patients or health care practitioners in
24
a manner not described in any labeling of the drug
25
or device, as applicable; or
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
110
1
‘‘(2) objective or subjective intent that such
2
drug or device be used in a manner inconsistent with
3
any labeling, as applicable, of such drug or device.
4
‘‘(f) RULE
OF
CONSTRUCTION.—Nothing in this sec-
5 tion shall be construed—
6
‘‘(1) to limit communication not specifically
7
permitted by this section; or
8
‘‘(2) to alter or expand the authority of the Sec-
9
retary to enforce the provisions of this Act, except
10
to the extent that the communication of information
11
in accordance with this section is permitted.’’.
12
PART IV—PREVENTING ESSENTIAL MEDICAL
13
DEVICE SHORTAGES
14
SEC. 4131. DISCONTINUANCE OR INTERRUPTION IN THE
15
PRODUCTION OF MEDICAL DEVICES.
16
Chapter V of the Federal Food, Drug, and Cosmetic
17 Act (21 U.S.C. 351 et seq.) is amended by inserting after
18 section 506I the following:
19
‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION IN THE
20
PRODUCTION OF MEDICAL DEVICES.
21
‘‘(a) IN GENERAL.—A manufacturer of a device
kjohnson on DSK79L0C42PROD with BILLS
22 that—
23
‘‘(1) is critical to public health during a public
24
health emergency, including devices that are life-sup-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
111
1
porting, life-sustaining, or intended for use in emer-
2
gency medical care or during surgery; or
3
‘‘(2) for which the Secretary determines that in-
4
formation on potential meaningful supply disrup-
5
tions of such device is needed during, or in advance
6
of, a public health emergency;
7 shall, during, or in advance of, a public health emergency
8 determined by the Secretary pursuant to section 319, no9 tify the Secretary, in accordance with subsection (b), of
10 a permanent discontinuance in the manufacture of the de11 vice (except for discontinuances as a result of an approved
12 modification of the device) or an interruption of the manu13 facture of the device that is likely to lead to a meaningful
14 disruption in the supply of that device in the United
15 States, and the reasons for such discontinuance or inter16 ruption.
17
‘‘(b) TIMING.—A notice required under subsection (a)
18 shall be submitted to the Secretary—
19
20
‘‘(1) at least 6 months prior to the date of the
discontinuance or interruption; or
kjohnson on DSK79L0C42PROD with BILLS
21
‘‘(2) if compliance with paragraph (1) is not
22
possible, as soon as practicable.
23
‘‘(c) DISTRIBUTION.—
24
‘‘(1) PUBLIC
25
AVAILABILITY.—To
the maximum
extent practicable, subject to paragraph (2), the Sec-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
112
1
retary shall distribute, through such means as the
2
Secretary determines appropriate, information on
3
the discontinuance or interruption of the manufac-
4
ture of devices reported under subsection (a) to ap-
5
propriate organizations, including physician, health
6
provider, patient organizations, and supply chain
7
partners, as appropriate and applicable.
8
‘‘(2) PUBLIC
HEALTH EXCEPTION.—The
Sec-
9
retary may choose not to make information collected
10
under this section publicly available pursuant to this
11
section if the Secretary determines that disclosure of
12
such information would adversely affect the public
13
health, such as by increasing the possibility of un-
14
necessary over purchase of product or other disrup-
15
tion of the availability of medical products to pa-
16
tients.
17
‘‘(d) CONFIDENTIALITY.—Nothing in this section
18 shall be construed as authorizing the Secretary to disclose
19 any information that is a trade secret or confidential infor20 mation subject to section 552(b)(4) of title 5, United
21 States Code, or section 1905 of title 18, United States
22 Code.
kjohnson on DSK79L0C42PROD with BILLS
23
‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a per-
24 son fails to submit information required under subsection
25 (a) in accordance with subsection (b)—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
113
1
2
‘‘(1) the Secretary shall issue a letter to such
person informing such person of such failure;
3
‘‘(2) not later than 30 calendar days after the
4
issuance of a letter under paragraph (1), the person
5
who receives such letter shall submit to the Sec-
6
retary a written response to such letter setting forth
7
the basis for noncompliance and providing informa-
8
tion required under subsection (a); and
9
‘‘(3) not later than 45 calendar days after the
10
issuance of a letter under paragraph (1), the Sec-
11
retary shall make such letter and any response to
12
such letter under paragraph (2) available to the pub-
13
lic on the internet website of the Food and Drug Ad-
14
ministration, with appropriate redactions made to
15
protect information described in subsection (d), ex-
16
cept that, if the Secretary determines that the letter
17
under paragraph (1) was issued in error or, after re-
18
view of such response, the person had a reasonable
19
basis for not notifying as required under subsection
20
(a), the requirements of this paragraph shall not
21
apply.
22
‘‘(f) EXPEDITED INSPECTIONS
AND
REVIEWS.—If,
kjohnson on DSK79L0C42PROD with BILLS
23 based on notifications described in subsection (a) or any
24 other relevant information, the Secretary concludes that
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
114
1 there is, or is likely to be, a shortage of an device, the
2 Secretary shall, as appropriate—
3
‘‘(1) prioritize and expedite the review of a sub-
4
mission under section 513(f)(2), 515, review of a no-
5
tification under section 510(k), or 520(m) for a de-
6
vice that could help mitigate or prevent such short-
7
age; or
8
‘‘(2) prioritize and expedite an inspection or re-
9
inspection of an establishment that could help miti-
10
gate or prevent such shortage.
11
‘‘(g) DEVICE SHORTAGE LIST.—
12
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
13
tablish and maintain an up-to-date list of devices
14
that are determined by the Secretary to be in short-
15
age in the United States.
16
‘‘(2) CONTENTS.—For each device included on
17
the list under paragraph (1), the Secretary shall in-
18
clude the following information:
19
‘‘(A) The category or name of the device in
20
shortage.
21
‘‘(B) The name of each manufacturer of
kjohnson on DSK79L0C42PROD with BILLS
22
such device.
23
‘‘(C) The reason for the shortage, as deter-
24
mined by the Secretary, selecting from the fol-
25
lowing categories:
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
115
1
‘‘(i) Requirements related to com-
2
plying with good manufacturing practices.
3
‘‘(ii) Regulatory delay.
4
‘‘(iii) Shortage or discontinuance of a
5
component or part.
6
‘‘(iv) Discontinuance of the manufac-
7
ture of the device.
8
‘‘(v) Delay in shipping of the device.
9
‘‘(vi) Delay in sterilization of the de-
kjohnson on DSK79L0C42PROD with BILLS
10
vice.
11
‘‘(vii) Demand increase for the device.
12
‘‘(D) The estimated duration of the short-
13
age as determined by the Secretary.
14
‘‘(3) PUBLIC
15
‘‘(A) IN
AVAILABILITY.—
GENERAL.—Subject
to subpara-
16
graphs (B) and (C), the Secretary shall make
17
the information in the list under paragraph (1)
18
publicly available.
19
‘‘(B) TRADE
SECRETS AND CONFIDENTIAL
20
INFORMATION.—Nothing
21
shall be construed to alter or amend section
22
1905 of title 18, United States Code, or section
23
552(b)(4) of title 5 of such Code.
24
‘‘(C) PUBLIC
25
in
this
HEALTH EXCEPTION.—The
Secretary may elect not to make information
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
subsection
Jkt 099200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
116
1
collected under this subsection publicly available
2
if the Secretary determines that disclosure of
3
such information would adversely affect the
4
public health (such as by increasing the possi-
5
bility of hoarding or other disruption of the
6
availability of the device to patients).
7
‘‘(h) RULE
OF
CONSTRUCTION.—Nothing in this sec-
8 tion shall be construed to affect the authority of the Sec9 retary on the date of enactment of this section to expedite
10 the review of devices under section 515 of the Federal
11 Food, Drug, and Cosmetic Act, section 515B of such Act
12 relating to the priority review program for devices, and
13 section 564 of such Act relating to the emergency use au14 thorization authorities.
kjohnson on DSK79L0C42PROD with BILLS
15
‘‘(i) DEFINITIONS.—In this section:
16
‘‘(1) DEVICE.—The term ‘device’ means a de-
17
vice (as defined in section 201(h)) that is intended
18
for human use and is subject to sections 510(k),
19
513(f)(2), 515, or 520(m).
20
‘‘(2) MEANINGFUL
21
‘meaningful disruption’—
DISRUPTION.—The
22
‘‘(A) means a change in production that is
23
reasonably likely to lead to a reduction in the
24
supply of a device by a manufacturer that is
25
more than negligible and affects the ability of
•S 3548 IS
VerDate Sep 11 2014
term
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
117
1
the manufacturer to fill orders or meet expected
2
demand for its product;
3
‘‘(B) does not include interruptions in
4
manufacturing due to matters such as routine
5
maintenance or insignificant changes in manu-
6
facturing so long as the manufacturer expects
7
to resume operations in a reasonable or short
8
period of time; and
9
‘‘(C) does not include interruptions in
10
manufacturing of components or raw materials
11
so long as such interruptions do not result in
12
a shortage of finished product and the manu-
13
facturer expects to resume operations in a rea-
14
sonable or short period of time.
15
‘‘(3) SHORTAGE.—The term ‘shortage’, with re-
16
spect to a device, means a period of time when the
17
demand or projected demand for the device within
18
the United States exceeds the supply of the device.’’.
19
SEC. 4132. GAO REPORT ON INTRA-AGENCY COORDINA-
20
21
TION.
(a) IN GENERAL.—Not later than 18 months after
22 the date of enactment of this Act, the Comptroller General
kjohnson on DSK79L0C42PROD with BILLS
23 of the United States shall submit to the Committee on
24 Health, Education, Labor, and Pensions of the Senate and
25 the Committee on Energy and Commerce of the House
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
118
1 of Representatives a report examining the Food and Drug
2 Administration’s intra-agency coordination, communica3 tion, and decision-making in assessing device shortages
4 and risks associated with the supply of devices, and any
5 efforts by the Food and Drug Administration to mitigate
6 any device shortages or to take corrective actions.
7
(b) CONTENT.—The report shall include—
kjohnson on DSK79L0C42PROD with BILLS
8
(1) consideration of—
9
(A) risks of creating, worsening, or extend-
10
ing a shortage of a device associated with viola-
11
tions of current good manufacturing practices;
12
(B) corrective and preventative actions
13
with respect to such violations requested by the
14
Food and Drug Administration;
15
(C) the effects of potential manufacturing
16
disruptions or shut-downs on potential device
17
shortages, which may include the discontinu-
18
ance of device manufacturing and marketing, or
19
the manufacturing of device components or
20
parts;
21
(D) efforts to prioritize and expedite the
22
review of submissions for devices that the Sec-
23
retary has determined under section 506J(g) of
24
the Federal Food, Drug, and Cosmetic Act (21
25
U.S.C. 356j) to be in shortage; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
119
1
(E) efforts to prioritize inspections of fa-
2
cilities necessary for approval or clearance of
3
devices described in subparagraph (D);
4
(2) a description of how the Food and Drug
5
Administration proactively coordinates strategies to
6
mitigate the consequences of the violations, slow-
7
downs, and shut-downs described in paragraph (1)
8
across agencies; and
9
(3) an evaluation of changes in relevant Food
10
and Drug Administration practices that such agency
11
has proposed but not yet implemented.
12
(c) DEFINITION.—In this section, the term ‘‘device’’
13 has the meaning given such term under section 506J(i)(1)
14 of the Federal Food, Drug, and Cosmetic Act, as added
15 by section 4131.
16
PART V—EMERGENCY USE OF LABORATORY
17
DEVELOPED TESTS
18
SEC. 4141. EMERGENCY USE OF LABORATORY DEVELOPED
19
20
TESTS.
(a) IN GENERAL.—For the time in which the public
21 health emergency under section 319 of the Public Health
22 Service Act (42 U.S.C. 247d) related to the coronavirus
kjohnson on DSK79L0C42PROD with BILLS
23 (COVID-19), declared by the Secretary of Health and
24 Human Services (referred to in this section as the ‘‘Sec25 retary’’) on January 31, 2020, is in place (or such other
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
120
1 period of time determined by the Secretary), tests in2 tended to diagnose COVID–19 that are described in sub3 section (b) may be lawfully marketed in accordance with
4 this section.
5
(b) CRITERIA.—Tests described in subsection (a)
6 may be lawfully marketed, during the period described in
7 such subsection, if such test—
8
(1) is developed in a State that has notified the
9
Secretary of its intention to review tests intended to
10
diagnose COVID-19;
11
(2) is developed in a laboratory with a certifi-
12
cate to conduct high-complexity testing pursuant to
13
section 353 of the Public Health Service Act (42
14
U.S.C. 263a), and the developer of such test—
15
(A) is pursuing an emergency use author-
16
ization under section 564 of the Federal Food,
17
Drug, and Cosmetic Act (21 U.S.C. 360bbb–3)
18
and provides updates to the Secretary on efforts
19
to pursue such authorization;
20
(B) validates such test prior to use;
21
(C) notifies the Secretary of the assay vali-
kjohnson on DSK79L0C42PROD with BILLS
22
dation; and
23
(D) includes a statement together with the
24
results of the test that reads: ‘‘This test was
25
developed for use as a part of a response to the
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
121
1
public health emergency declared to address the
2
outbreak of COVID-19. This test has not been
3
reviewed by the Food and Drug Administra-
4
tion.’’; or
5
(3) is an in vitro diagnostic test for which the
6
developer of such test meets all of the requirements
7
of subparagraphs (A) through (D) of paragraph (2)
8
with respect to the test.
9
(c) DISPOSITION
OF
PRODUCT.—Notwithstanding
10 the termination of a declaration under subsection (b) of
11 section 564 of the Federal Food, Drug, and Cosmetic Act,
12 or a revocation under subsection (g) of such section with
13 respect to a product described in subsection (a), the Sec14 retary shall consult with the developer of such in vitro di15 agnostic test with respect to the appropriate disposition
16 of such test to ensure that authorization of any in vitro
17 diagnostic test under this section shall continue to be ef18 fective to provide for continued use of such product to pre19 vent or detect COVID–19.
20
(d) IN VITRO DIAGNOSTIC TEST.—In this section,
21 the term ‘‘in vitro diagnostic test’’ has the meaning given
22 the term ‘‘in vitro diagnostic product’’ in section 809.3(a)
kjohnson on DSK79L0C42PROD with BILLS
23 of title 21, Code of Federal Regulations (or successor reg24 ulations).
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
122
2
Subtitle B—Access to Health Care
for COVID-19 Patients
3
PART I—COVERAGE OF TESTING AND
4
PREVENTIVE SERVICES
1
5
SEC.
4201.
6
7
COVERAGE
OF
DIAGNOSTIC
TESTING
FOR
COVID-19.
(a) IN GENERAL.—A group health plan and a health
8 insurance issuer offering group or individual health insur9 ance coverage (including a grandfathered health plan (as
10 defined in section 1251(e) of the Patient Protection and
11 Affordable Care Act (42 U.S.C. 18011(b))) shall provide
12 coverage, and shall not impose any cost-sharing (including
13 deductibles, copayments, and coinsurance) requirements
14 or prior authorization or other medical management re15 quirements, for the following items and services furnished
16 during any portion of the public health emergency de17 clared by the Secretary of Health and Human Services
18 pursuant to section 319 of the Public Health Service Act
19 on January 31, 2020, with respect to COVID-19, begin-
kjohnson on DSK79L0C42PROD with BILLS
20 ning on or after the date of the enactment of this Act:
21
(1) An in vitro diagnostic product (as defined
22
in section 809.3(a) of title 21, Code of Federal Reg-
23
ulations) for the detection of SARS–CoV–2 or the
24
diagnosis of the virus that causes COVID–19, and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
kjohnson on DSK79L0C42PROD with BILLS
123
1
the administration of such an in vitro diagnostic
2
product, that—
3
(A) is approved, cleared, or authorized
4
under section 510(k), 513, 515, or 564 of the
5
Federal Food, Drug, and Cosmetic Act (21
6
U.S.C. 360(k), 360c, 360e, 360bbb–3);
7
(B) is a clinical laboratory service per-
8
formed in a laboratory (including a public
9
health laboratory) certified to conduct high-
10
complexity testing pursuant to section 353 of
11
the Public Health Service Act (42 U.S.C. 253a)
12
for which the developer has requested, or in-
13
tends to request, emergency use authorization
14
under section 564 of the Federal Food, Drug,
15
and Cosmetic Act (21 U.S.C. 360bbb–3), unless
16
and until the emergency use authorization re-
17
quest under such section 564 has been denied
18
or the developer of such test does not submit a
19
request under such section within a reasonable
20
timeframe; or
21
(C) is developed in a State that has noti-
22
fied the Secretary of Health and Human Serv-
23
ices of its intention to review tests intended to
24
diagnose COVID-19.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
124
1
(2) Items and services furnished to an indi-
2
vidual during health care provider office visits, ur-
3
gent care center visits, and emergency room visits
4
that result in an order for or administration of an
5
in vitro diagnostic product described in paragraph
6
(1), but only to the extent such items and services
7
relate to the furnishing or administration of such
8
product or to the evaluation of such individual for
9
purposes of determining the need of such individual
10
11
for such product.
SEC. 4202. PRICING OF DIAGNOSTIC TESTING.
12
(a) REIMBURSEMENT RATES.—A group health plan
13 or a health insurance issuer providing coverage of items
14 and services described in section 201(a) with respect to
15 an enrollee shall reimburse the provider of the diagnostic
kjohnson on DSK79L0C42PROD with BILLS
16 testing as follows:
17
(1) If the health plan or issuer has a negotiated
18
rate for such service with such provider, such nego-
19
tiated rate shall apply.
20
(2) If the health plan or issuer does not have
21
a negotiated rate for such service with such provider,
22
such plan or issuer shall reimburse the provider in
23
an amount that equals the cash price for such serv-
24
ice as listed by the provider on a public internet
25
website.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
125
1
(b) REQUIREMENT
TO
PUBLICIZE CASH PRICE
FOR
2 DIAGNOSTIC TESTING FOR COVID-19.—
3
(1) IN
GENERAL.—Each
provider of a diag-
4
nostic test for COVID-19 shall make public the cash
5
price for such test on a public internet website of
6
such provider.
7
(2) CIVIL
MONETARY PENALTIES.—The
Sec-
8
retary of Health and Human Services may impose a
9
civil monetary penalty on any provider of a diag-
10
nostic test for COVID-19 that is not in compliance
11
with paragraph (1) and has not completed a correc-
12
tive action plan to comply with the requirements of
13
such paragraph, in an amount not to exceed $300
14
per day that the violation is ongoing.
15
SEC. 4203. RAPID COVERAGE OF PREVENTIVE SERVICES
16
17
AND VACCINES FOR CORONAVIRUS.
(a) IN GENERAL.—Notwithstanding 2713(b) of the
18 Public Health Service Act (42 U.S.C. 300gg–13), the Sec19 retary of Health and Human Services, the Secretary of
20 Labor, and the Secretary of the Treasury shall require
21 group health plans and health insurance issuers offering
22 group or individual health insurance to cover any quali-
kjohnson on DSK79L0C42PROD with BILLS
23 fying coronavirus preventive service, pursuant to section
24 2713(a) of the Public Health Service Act (42 U.S.C.
25 300gg–13(a)). The requirement described in this sub•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
126
1 section shall take effect with respect to a qualifying
2 coronavirus prevention service on the specified date de3 scribed in subsection (b)(2).
4
(b) DEFINITIONS.—For purposes of this section:
kjohnson on DSK79L0C42PROD with BILLS
5
(1) QUALIFYING
CORONAVIRUS
PREVENTIVE
6
SERVICE.—The
7
tive service’’ means an item, service, or immuniza-
8
tion that is intended to prevent or mitigate
9
coronavirus disease 2019 and that is—
term ‘‘qualifying coronavirus preven-
10
(A) an evidence-based item or service that
11
has in effect a rating of ‘‘A’’ or ‘‘B’’ in the cur-
12
rent recommendations of the United States Pre-
13
ventive Services Task Force; or
14
(B) an immunization that has in effect a
15
recommendation from the Advisory Committee
16
on Immunization Practices of the Centers for
17
Disease Control and Prevention with respect to
18
the individual involved.
19
(2) SPECIFIED
DATE.—The
term ‘‘specified
20
date’’ means the date that is 15 business days after
21
the date on which a recommendation is made relat-
22
ing to the immunization as described in such para-
23
graph.
24
25
(3) HEALTH
INSURANCE TERMS.—In
tion, the terms ‘‘group health plan’’, ‘‘health insur-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
this sec-
Jkt 099200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
127
1
ance issuer’’, ‘‘group health insurance coverage’’,
2
and ‘‘individual health insurance coverage’’ have the
3
meanings given such terms in section 2791 of the
4
Public Health Service Act (42 U.S.C. 300gg–91).
5
PART II—SUPPORT FOR HEALTH CARE
6
PROVIDERS
7
SEC. 4211. SUPPLEMENTAL AWARDS FOR HEALTH CEN-
8
9
TERS.
(a) SUPPLEMENTAL AWARDS.—Section 330(r) of the
10 Public Health Service Act (42 U.S.C. 254b(r)) is amended
11 by adding at the end the following:
kjohnson on DSK79L0C42PROD with BILLS
12
‘‘(6) ADDITIONAL
AMOUNTS
FOR
SUPPLE-
13
MENTAL
14
made available pursuant to this subsection, section
15
402A of this Act, or section 10503 of the Patient
16
Protection and Affordable Care Act, there is author-
17
ized to be appropriated, and there is appropriated,
18
out of any monies in the Treasury not otherwise ap-
19
propriated, $1,320,000,000 for fiscal year 2020 for
20
supplemental awards under subsection (d) for the
21
detection of SARS-CoV-2 or the prevention, diag-
22
nosis, and treatment of COVID-19.’’.
23
(b) APPLICATION
AWARDS.—In
OF
addition to any amounts
PROVISIONS.—Amounts appro-
24 priated pursuant to the amendment made by subsection
25 (a) for fiscal year 2020 shall be subject to the require•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
128
1 ments contained in Public Law 116–94 for funds for pro2 grams authorized under sections 330 through 340 of the
3 Public Health Service Act (42 U.S.C. 254 through 256).
4
SEC. 4212. ALLOWING PERMANENT DIRECT HIRE OF NDMS
5
HEALTH CARE PROFESSIONALS.
6
Section 2812(c)(4) of the Public Health Service Act
7 (42 U.S.C. 300hh–11(c)(4)) is amended to read as follows:
8
‘‘(4) CERTAIN
APPOINTMENTS.—If
9
retary determines that the number of intermittent
10
disaster response personnel within the National Dis-
11
aster Medical System under this section is insuffi-
12
cient to address a public health emergency or poten-
13
tial public health emergency, the Secretary may ap-
14
point candidates directly to personnel positions for
15
intermittent disaster response within such system.
16
The Secretary shall provide updates on the number
17
of vacant or unfilled positions within such system to
18
the congressional committees of jurisdiction each
19
quarter for which this authority is in effect.’’.
20
SEC. 4213. TELEHEALTH NETWORK AND TELEHEALTH RE-
21
SOURCE CENTERS GRANT PROGRAMS.
22
Section 330I of the Public Health Service Act (42
kjohnson on DSK79L0C42PROD with BILLS
23 U.S.C. 254c–14) is amended—
24
(1) in subsection (d)—
25
(A) in paragraph (1)—
•S 3548 IS
VerDate Sep 11 2014
the Sec-
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
129
1
(i) in the matter preceding subpara-
2
graph (A), by striking ‘‘projects to dem-
3
onstrate how telehealth technologies can be
4
used through telehealth networks’’ and in-
5
serting ‘‘evidence-based projects that uti-
6
lize telehealth technologies through tele-
7
health networks’’;
8
(ii) in subparagraph (A)—
9
(I) by striking ‘‘the quality of’’
10
and inserting ‘‘access to, and the
11
quality of,’’; and
12
(II) by inserting ‘‘and’’ after the
13
semicolon;
14
(iii) by striking subparagraph (B);
15
(iv) by redesignating subparagraph
kjohnson on DSK79L0C42PROD with BILLS
16
(C) as subparagraph (B); and
17
(v) in subparagraph (B), as so redes-
18
ignated, by striking ‘‘and patients and
19
their families, for decisionmaking’’ and in-
20
serting ‘‘, patients, and their families’’;
21
and
22
(B) in paragraph (2)—
23
(i) by striking ‘‘demonstrate how tele-
24
health technologies can be used’’ and in-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
130
1
serting ‘‘support initiatives that utilize
2
telehealth technologies’’; and
3
(ii) by striking ‘‘, to establish tele-
4
health resource centers’’;
5
6
(2) in subsection (e), by striking ‘‘4 years’’ and
inserting ‘‘5 years’’;
7
(3) in subsection (f)—
8
(A) by striking paragraph (2);
9
(B) in paragraph (1)(B)—
10
(i)
redesignating
clauses
through (iii) as paragraphs (1) through
12
(3), respectively, and adjusting the mar-
13
gins accordingly;
14
(ii) in paragraph (3), as so redesig-
15
nated by clause (i), by redesignating sub-
16
clauses (I) through (XII) as subparagraphs
17
(A) through (L), respectively, and adjust-
18
ing the margins accordingly; and
(iii) by striking ‘‘(1) TELEHEALTH
20
NETWORK GRANTS—’’
21
through ‘‘(B) TELEHEALTH
22
’’; and
23
(C) in paragraph (3)(I), as so redesig-
24
nated, by inserting ‘‘and substance use dis-
and all that follows
NETWORKS—
•S 3548 IS
VerDate Sep 11 2014
(i)
11
19
kjohnson on DSK79L0C42PROD with BILLS
by
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
131
1
order’’ after ‘‘mental health’’ each place such
2
term appears;
3
(4) in subsection (g)(2), by striking ‘‘or im-
4
prove’’ and inserting ‘‘and improve’’;
5
(5) by striking subsection (h);
6
(6) by redesignating subsections (i) through (p)
7
as subsection (h) through (o), respectively;
8
(7) in subsection (h), as so redesignated—
9
(A) in paragraph (1)—
10
(i) in subparagraph (B), by striking
11
‘‘mental health, public health, long-term
12
care, home care, preventive’’ and inserting
13
‘‘mental health care, public health services,
14
long-term care, home care, preventive
15
care’’;
16
(ii) in subparagraph (E), by inserting
17
‘‘and regional’’ after ‘‘local’’; and
kjohnson on DSK79L0C42PROD with BILLS
18
(iii) by striking subparagraph (F);
19
and
20
(B) in paragraph (2)(A), by striking
21
‘‘medically underserved areas or’’ and inserting
22
‘‘rural areas, medically underserved areas, or’’;
23
(8) in paragraph (2) of subsection (i), as so re-
24
designated, by striking ‘‘ensure that—’’ and all that
25
follows through the end of subparagraph (B) and in-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
132
1
serting ‘‘ensure that not less than 50 percent of the
2
funds awarded shall be awarded for projects in rural
3
areas.’’;
4
(9) in subsection (j), as so redesignated—
5
(A) in paragraph (1)(B), by striking ‘‘com-
6
puter hardware and software, audio and video
7
equipment, computer network equipment, inter-
8
active equipment, data terminal equipment, and
9
other’’; and
10
(B) in paragraph (2)(F), by striking
11
‘‘health care providers and’’;
12
(10) in subsection (k), as so redesignated—
13
(A) in paragraph (2), by striking ‘‘40 per-
14
cent’’ and inserting ‘‘20 percent’’; and
15
(B) in paragraph (3), by striking ‘‘(such as
16
laying cable or telephone lines, or purchasing or
17
installing microwave towers, satellite dishes,
18
amplifiers, or digital switching equipment)’’;
19
(11) by striking subsections (q) and (r) and in-
20
serting the following:
21
‘‘(p) REPORT.—Not later than 4 years after the date
22 of enactment of the CARES Act, and every 5 years there-
kjohnson on DSK79L0C42PROD with BILLS
23 after, the Secretary shall prepare and submit to the Com24 mittee on Health, Education, Labor, and Pensions of the
25 Senate and the Committee on Energy and Commerce of
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
133
1 the House of Representatives a report on the activities and
2 outcomes of the grant programs under subsection (b).’’;
3
(12) by redesignating subsection (s) as sub-
4
section (q); and
5
(13) in subsection (q), as so redesignated, by
6
striking ‘‘this section—’’ and all that follows
7
through the end of paragraph (2) and inserting
8
‘‘this section $29,000,000 for each of fiscal years
9
2021 through 2025.’’.
10
SEC. 4214. RURAL HEALTH CARE SERVICES OUTREACH,
11
RURAL HEALTH NETWORK DEVELOPMENT,
12
AND SMALL HEALTH CARE PROVIDER QUAL-
13
ITY IMPROVEMENT GRANT PROGRAMS.
14
Section 330A of the Public Health Service Act (42
15 U.S.C. 254c) is amended—
16
(1) in subsection (d)(2)—
17
(A) in subparagraph (A), by striking ‘‘es-
18
sential’’ and inserting ‘‘basic’’; and
19
(B) in subparagraph (B)—
20
(i) in the matter preceding clause (i),
kjohnson on DSK79L0C42PROD with BILLS
21
by inserting ‘‘to’’ after ‘‘grants’’; and
22
(ii) in clauses (i), (ii), and (iii), by
23
striking ‘‘to’’ each place such term ap-
24
pears;
25
(2) in subsection (e)—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
134
1
(A) in paragraph (1)—
2
(i) by inserting ‘‘improving and’’ after
3
‘‘outreach by’’;
4
(ii) by inserting ‘‘, through community
5
engagement and evidence-based or innova-
6
tive, evidence-informed models’’ before the
7
period of the first sentence; and
8
(iii) by striking ‘‘3 years’’ and insert-
9
ing ‘‘5 years’’;
10
(B) in paragraph (2)—
11
(i) in the matter preceding subpara-
12
graph (A), by inserting ‘‘shall’’ after ‘‘enti-
13
ty’’;
14
(ii) in subparagraph (A), by striking
15
‘‘shall be a rural public or rural nonprofit
16
private entity’’ and inserting ‘‘be an entity
17
with demonstrated experience serving, or
18
the capacity to serve, rural underserved
19
populations’’;
20
(iii) in subparagraphs (B) and (C), by
21
striking ‘‘shall’’ each place such term ap-
22
pears; and
kjohnson on DSK79L0C42PROD with BILLS
23
(iv) in subparagraph (B)—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
135
1
(I) in the matter preceding clause
2
(i), by inserting ‘‘that’’ after ‘‘mem-
3
bers’’; and
4
(II) in clauses (i) and (ii), by
5
striking ‘‘that’’ each place such term
6
appears; and
7
(C) in paragraph (3)(C), by striking ‘‘the
8
local community or region’’ and inserting ‘‘the
9
rural underserved populations in the local com-
10
munity or region’’;
11
(3) in subsection (f)—
12
(A) in paragraph (1)—
kjohnson on DSK79L0C42PROD with BILLS
13
(i) in subparagraph (A)—
14
(I) in the matter preceding clause
15
(i), by striking ‘‘promote, through
16
planning and implementation, the de-
17
velopment of integrated health care
18
networks that have combined the
19
functions of the entities participating
20
in the networks’’ and inserting ‘‘plan,
21
develop, and implement integrated
22
health care networks that collabo-
23
rate’’; and
24
(II) in clause (ii), by striking
25
‘‘essential health care services’’ and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
136
1
inserting ‘‘basic health care services
2
and associated health outcomes’’; and
3
(ii) by amending subparagraph (B) to
4
read as follows:
5
‘‘(B) GRANT
Director may
6
award grants under this subsection for periods
7
of not more than 5 years.’’;
8
(B) in paragraph (2)—
9
(i) in the matter preceding subpara-
10
graph (A), by inserting ‘‘shall’’ after ‘‘enti-
11
ty’’;
12
(ii) in subparagraph (A), by striking
13
‘‘shall be a rural public or rural nonprofit
14
private entity’’ and inserting ‘‘be an entity
15
with demonstrated experience serving, or
16
the capacity to serve, rural underserved
17
populations’’;
18
(iii) in subparagraph (B)—
19
(I) in the matter preceding clause
20
(i)—
21
(aa) by striking ‘‘shall’’; and
22
(bb)
23
kjohnson on DSK79L0C42PROD with BILLS
PERIODS.—The
by
inserting
after ‘‘participants’’; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
‘‘that’’
137
1
(II) in clauses (i) and (ii), by
2
striking ‘‘that’’ each place such term
3
appears; and
4
(iv) in subparagraph (C), by striking
5
‘‘shall’’; and
6
(C) in paragraph (3)—
7
(i) by amending clause (iii) of sub-
8
paragraph (C) to read as follows:
9
‘‘(iii) how the rural underserved popu-
10
lations in the local community or region to
11
be served will benefit from and be involved
12
in the development and ongoing operations
13
of the network;’’; and
14
(ii) in subparagraph (D), by striking
15
‘‘the local community or region’’ and in-
16
serting ‘‘the rural underserved populations
17
in the local community or region’’;
18
(4) in subsection (g)—
kjohnson on DSK79L0C42PROD with BILLS
19
(A) in paragraph (1)—
20
(i) by inserting ‘‘, including activities
21
related to increasing care coordination, en-
22
hancing chronic disease management, and
23
improving patient health outcomes’’ before
24
the period of the first sentence; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
138
1
(ii) by striking ‘‘3 years’’ and insert-
2
ing ‘‘5 years’’;
3
(B) in paragraph (2)—
4
(i) in the matter preceding subpara-
5
graph (A), by inserting ‘‘shall’’ after ‘‘enti-
6
ty’’;
7
(ii) in subparagraphs (A) and (B), by
8
striking ‘‘shall’’ each place such term ap-
9
pears; and
10
(iii) in subparagraph (A)(ii), by in-
11
serting ‘‘or regional’’ after ‘‘local’’; and
12
(C) in paragraph (3)(D), by striking ‘‘the
13
local community or region’’ and inserting ‘‘the
14
rural underserved populations in the local com-
15
munity or region’’;
16
(5) in subsection (h)(3), in the matter pre-
17
ceding subparagraph (A), by inserting ‘‘, as appro-
18
priate,’’ after ‘‘the Secretary’’;
19
(6) by amending subsection (i) to read as fol-
20
lows:
21
‘‘(i) REPORT.—Not later than 4 years after the date
22 of enactment of the CARES Act, and every 5 years there-
kjohnson on DSK79L0C42PROD with BILLS
23 after, the Secretary shall prepare and submit to the Com24 mittee on Health, Education, Labor, and Pensions of the
25 Senate and the Committee on Energy and Commerce of
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
139
1 the House of Representatives a report on the activities and
2 outcomes of the grant programs under subsections (e), (f),
3 and (g), including the impact of projects funded under
4 such programs on the health status of rural residents with
5 chronic conditions.’’; and
6
(7) in subsection (j), by striking ‘‘$45,000,000
7
for each of fiscal years 2008 through 2012’’ and in-
8
serting ‘‘$79,500,000 for each of fiscal years 2021
9
through 2025’’.
10
SEC. 4215. UNITED STATES PUBLIC HEALTH SERVICE MOD-
11
12
ERNIZATION.
(a) COMMISSIONED CORPS
AND
READY RESERVE
13 CORPS.—Section 203 of the Public Health Service Act (42
14 U.S.C. 204) is amended—
15
(1) in subsection (a)(1), by striking ‘‘a Ready
16
Reserve Corps for service in time of national emer-
17
gency’’ and inserting ‘‘, for service in time of a pub-
18
lic health or national emergency, a Ready Reserve
19
Corps’’; and
20
(2) in subsection (c)—
21
(A) in the heading, by striking ‘‘RE-
kjohnson on DSK79L0C42PROD with BILLS
22
SEARCH’’
and inserting ‘‘RESERVE CORPS’’;
23
(B) in paragraph (1), by inserting ‘‘during
24
public health or national emergencies’’ before
25
the period;
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
140
1
(C) in paragraph (2)—
2
(i) in the matter preceding subpara-
3
graph (A), by inserting ‘‘, consistent with
4
paragraph (1)’’ after ‘‘shall’’;
5
(ii) in subparagraph (C), by inserting
6
‘‘during such emergencies’’ after ‘‘mem-
7
bers’’; and
8
(iii) in subparagraph (D), by inserting
9
‘‘, consistent with subparagraph (C)’’ be-
10
fore the period; and
11
(D) by adding at the end the following:
12
‘‘(3) STATUTORY
REFERENCES TO RESERVE.—
13
A reference in any Federal statute, except in the
14
case of subsection (b), to the ‘Reserve Corps’ of the
15
Public Health Service or to the ‘reserve’ of the Pub-
16
lic Health Service shall be deemed to be a reference
17
to the Ready Reserve Corps.’’.
18
(b)
DEPLOYMENT
READINESS.—Section
19 203A(a)(1)(B) of the Public Health Service Act (42
20 U.S.C. 204a(a)(1)(B)) is amended by striking ‘‘Active Re21 serves’’ and inserting ‘‘Ready Reserve Corps’’.
22
(c) RETIREMENT
OF
COMMISSIONED OFFICERS.—
kjohnson on DSK79L0C42PROD with BILLS
23 Section 211 of the Public Health Service Act (42 U.S.C.
24 212) is amended—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
141
1
2
(1) by striking ‘‘the Service’’ each place it appears and inserting ‘‘the Regular Corps’’;
3
4
(2) in subsection (a)(4), by striking ‘‘(in the
case of an officer in the Reserve Corps)’’;
5
(3) in subsection (c)—
6
(A) in paragraph (1)—
7
(i) by striking ‘‘or an officer of the
8
Reserve Corps’’; and
9
(ii) by inserting ‘‘or under section
10
221(a)(19)’’ after ‘‘subsection (a)’’; and
11
(B) in paragraph (2), by striking ‘‘Regular
12
or Reserve Corps’’ and inserting ‘‘Regular
13
Corps or Ready Reserve Corps’’; and
14
(4) in subsection (f), by striking ‘‘the Regular
15
or Reserve Corps of’’.
16
(d) RIGHTS, PRIVILEGES,
ETC. OF
OFFICERS
AND
17 SURVIVING BENEFICIARIES.—Section 221 of the Public
18 Health Service Act (42 U.S.C. 213a) is amended—
19
20
(1) in subsection (a), by adding at the end the
following:
21
22
‘‘(19) Chapter 1223, Retired Pay for Non-Regular Service.
kjohnson on DSK79L0C42PROD with BILLS
23
24
‘‘(20) Section 12601, Compensation: Reserve on
active duty accepting from any person.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
142
1
‘‘(21) Section 12684, Reserves: separation for
2
absence without authority or sentence to imprison-
3
ment.’’; and
4
(2) in subsection (b)—
5
(A) by striking ‘‘Secretary of Health, Edu-
6
cation, and Welfare or his designee’’ and insert-
7
ing ‘‘Secretary of Health and Human Services
8
or the designee of such secretary’’;
9
(B) by striking ‘‘(b) The authority vested’’
10
and inserting the following:
11
‘‘(b)(1) The authority vested’’;
12
(C) by striking ‘‘For purposes of’’ and in-
13
serting the following:
14
‘‘(2) For purposes of’’; and
15
(D) by adding at the end the following:
16
‘‘(3) For purposes of paragraph (19) of subsection
17 (a), the terms ‘Military department’, ‘Secretary con18 cerned’, and ‘Armed forces’ in such title 10 shall be
19 deemed to include, respectively, the Department of Health
20 and Human Services, the Secretary of Health and Human
21 Services, and the Commissioned Corps.’’.
22
(e) TECHNICAL AMENDMENTS.—Title II of the Pub-
kjohnson on DSK79L0C42PROD with BILLS
23 lic Health Service Act (42 U.S.C. 202 et seq.) is amend24 ed—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
143
1
(1) in sections 204 and 207(c), by striking
2
‘‘Regular or Reserve Corps’’ each place it appears
3
and inserting ‘‘Regular Corps or Ready Reserve
4
Corps’’;
5
(2) in section 208(a), by striking ‘‘Regular and
6
Reserve Corps’’ each place it appears and inserting
7
‘‘Regular Corps and Ready Reserve Corps’’; and
8
(3) in section 205(c), 206(c), 210, and 219,
9
and in subsections (a), (b), and (d) of section 207,
10
by striking ‘‘Reserve Corps’’ each place it appears
11
and inserting ‘‘Ready Reserve Corps’’.
12
SEC. 4216. LIMITATION ON LIABILITY FOR VOLUNTEER
13
HEALTH
14
COVID-19 EMERGENCY RESPONSE.
15
(a) LIMITATION
CARE
ON
PROFESSIONALS
DURING
LIABILITY.—Except as provided
16 in subsection (b), a health care professional shall not be
17 liable under Federal or State law for any harm caused
18 by an act or omission of the professional in the provision
19 of health care services during the public health emergency
20 declared by the Secretary of Health and Human Services
21 (referred to in this section as the ‘‘Secretary’’) pursuant
22 to section 319 of the Public Health Service Act (42 U.S.C.
kjohnson on DSK79L0C42PROD with BILLS
23 247d) on January 31, 2020 with respect to COVID-19,
24 if—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
144
1
(1) the professional is providing health care
2
services in response to such public health emergency,
3
as a volunteer; and
4
(2) the act or omission occurs—
5
(A) in the course of providing health care
6
services;
7
(B) in the health care professional’s capac-
kjohnson on DSK79L0C42PROD with BILLS
8
ity as a volunteer;
9
(C) in the course of providing health care
10
services that are within the scope of the license,
11
registration, or certification of the volunteer, as
12
defined by the State of licensure, registration,
13
or certification; and
14
(D) in a good faith belief that the indi-
15
vidual being treated is in need of health care
16
services.
17
(b) EXCEPTIONS.—Subsection (a) does not apply if—
18
(1) the harm was caused by an act or omission
19
constituting willful or criminal misconduct, gross
20
negligence, reckless misconduct, or a conscious fla-
21
grant indifference to the rights or safety of the indi-
22
vidual harmed by the health care professional; or
23
(2) the health care professional rendered the
24
health care services under the influence (as deter-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
145
1
mined pursuant to applicable State law) of alcohol
2
or an intoxicating drug.
3
(c) PREEMPTION.—
4
(1) IN
section preempts the
5
laws of a State or any political subdivision of a State
6
to the extent that such laws are inconsistent with
7
this section, unless such laws provide greater protec-
8
tion from liability.
9
(2) VOLUNTEER
PROTECTION
ACT.—Protec-
10
tions afforded by this section are in addition to those
11
provided by the Volunteer Protection Act of 1997
12
(Public Law 105–19).
13
(d) DEFINITIONS.—In this section—
14
15
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—This
(1) the term ‘‘harm’’ includes physical, nonphysical, economic, and noneconomic losses;
16
(2) the term ‘‘health care professional’’ means
17
an individual who is licensed, registered, or certified
18
under Federal or State law to provide health care
19
services;
20
(3) the term ‘‘health care services’’ means any
21
services provided by a health care professional, or by
22
any individual working under the supervision of a
23
health care professional that relate to—
24
(A) the diagnosis, prevention, or treatment
25
of COVID-19; or
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
146
1
(B) the assessment or care of the health of
2
a human being; and
3
(4) the term ‘‘volunteer’’ means a health care
4
professional who, with respect to the health care
5
services rendered, does not receive compensation or
6
any other thing of value in lieu of compensation,
7
which compensation—
8
(A) includes a payment under any insur-
9
ance policy or health plan, or under any Fed-
10
eral or State health benefits program; and
11
(B) excludes receipt of items to be used ex-
12
clusively for rendering health care services in
13
the health care professional’s capacity as a vol-
14
unteer described in subsection (a)(1).
15
(e) EFFECTIVE DATE.—This section shall take effect
16 upon the date of enactment of this Act, and applies to
17 a claim for harm only if the act or omission that caused
18 such harm occurred on or after the date of enactment.
19
(f) SUNSET.—This section shall be in effect only for
20 the length of the public health emergency declared by the
21 Secretary of Health and Human Services (referred to in
22 this section as the ‘‘Secretary’’) pursuant to section 319
kjohnson on DSK79L0C42PROD with BILLS
23 of the Public Health Service Act (42 U.S.C. 247d) on Jan24 uary 31, 2020 with respect to COVID-19.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
147
1
2
PART III—MISCELLANEOUS PROVISIONS
SEC.
4221.
CONFIDENTIALITY
AND
DISCLOSURE
OF
3
RECORDS RELATING TO SUBSTANCE USE DIS-
4
ORDER.
5
6
(a) CONFORMING CHANGES RELATING
STANCE
TO
SUB-
USE DISORDER.—Subsections (a) and (h) of sec-
7 tion 543 of the Public Health Service Act (42 U.S.C.
8 290dd–2) are each amended by striking ‘‘substance
9 abuse’’ and inserting ‘‘substance use disorder’’.
10
11
(b) DISCLOSURES
SISTENT
TO
COVERED ENTITIES CON-
WITH HIPAA.—Paragraph (1) of section 543(b)
12 of the Public Health Service Act (42 U.S.C. 290dd–2(b))
kjohnson on DSK79L0C42PROD with BILLS
13 is amended to read as follows:
14
‘‘(1) CONSENT.—The following shall apply with
15
respect to the contents of any record referred to in
16
subsection (a):
17
‘‘(A) Such contents may be used or dis-
18
closed in accordance with the prior written con-
19
sent of the patient with respect to whom such
20
record is maintained.
21
‘‘(B) Once prior written consent of the pa-
22
tient has been obtained, such contents may be
23
used or disclosed by a covered entity, business
24
associate, or a program subject to this section
25
for purposes of treatment, payment, and health
26
care operations as permitted by the HIPAA
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
148
1
regulations. Any information so disclosed may
2
then be redisclosed in accordance with the
3
HIPAA regulations. Section 13405(c) of the
4
Health Information Technology and Clinical
5
Health Act (42 U.S.C. 17935(c)) shall apply to
6
all disclosures pursuant to subsection (b)(1) of
7
this section.
8
‘‘(C) It shall be permissible for a patient’s
9
prior written consent to be given once for all
10
such future uses or disclosures for purposes of
11
treatment, payment, and health care operations,
12
until such time as the patient revokes such con-
13
sent in writing.
14
‘‘(D) Section 13405(a) of the Health In-
15
formation Technology and Clinical Health Act
16
(42 U.S.C. 17935(a)) shall apply to all disclo-
17
sures pursuant to subsection (b)(1) of this sec-
18
tion.’’.
19
20
(c) DISCLOSURES
FORMATION TO
OF
DE-IDENTIFIED HEALTH IN-
PUBLIC HEALTH AUTHORITIES.—Para-
21 graph (2) of section 543(b) of the Public Health Service
22 Act (42 U.S.C. 290dd–2(b)), is amended by adding at the
kjohnson on DSK79L0C42PROD with BILLS
23 end the following:
24
‘‘(D) To a public health authority, so long
25
as such content meets the standards established
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
149
1
in section 164.514(b) of title 45, Code of Fed-
2
eral Regulations (or successor regulations) for
3
creating de-identified information.’’.
4
(d) DEFINITIONS.—Section 543 of the Public Health
5 Service Act (42 U.S.C. 290dd–2) is amended by adding
6 at the end the following:
7
‘‘(k) DEFINITIONS.—For purposes of this section:
8
‘‘(1) BREACH.—The term ‘breach’ has the
9
meaning given such term for purposes of the HIPAA
10
regulations.
11
‘‘(2) BUSINESS
term ‘busi-
12
ness associate’ has the meaning given such term for
13
purposes of the HIPAA regulations.
14
‘‘(3) COVERED
ENTITY.—The
term ‘covered en-
15
tity’ has the meaning given such term for purposes
16
of the HIPAA regulations.
17
‘‘(4) HEALTH
CARE OPERATIONS.—The
‘health care operations’ has the meaning given such
19
term for purposes of the HIPAA regulations.
‘‘(5)
HIPPA
REGULATIONS.—The
term
21
‘HIPAA regulations’ has the meaning given such
22
term for purposes of parts 160 and 164 of title 45,
23
Code of Federal Regulations.
•S 3548 IS
VerDate Sep 11 2014
term
18
20
kjohnson on DSK79L0C42PROD with BILLS
ASSOCIATE.—The
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
150
1
‘‘(6) PAYMENT.—The term ‘payment’ has the
2
meaning given such term for purposes of the HIPAA
3
regulations.
4
‘‘(7) PUBLIC
HEALTH AUTHORITY.—The
term
5
‘public health authority’ has the meaning given such
6
term for purposes of the HIPAA regulations.
7
‘‘(8) TREATMENT.—The term ‘treatment’ has
8
the meaning given such term for purposes of the
9
HIPAA regulations.
10
‘‘(9) UNSECURED
PROTECTED HEALTH INFOR-
11
MATION.—The
12
has the meaning given such term for purposes of the
13
HIPAA regulations.’’.
14
(e) USE
OF
term ‘unprotected health information’
RECORDS
15
MINISTRATIVE
16
CEEDINGS.—Subsection
IN
CRIMINAL, CIVIL,
INVESTIGATIONS, ACTIONS,
OR
OR
AD-
PRO-
(c) of section 543 of the Public
17 Health Service Act (42 U.S.C. 290dd–2(c)) is amended
18 to read as follows:
19
‘‘(c) USE
20
MINISTRATIVE
OF
RECORDS
IN
CRIMINAL, CIVIL,
OR
AD-
CONTEXTS.—Except as otherwise author-
21 ized by a court order under subsection (b)(2)(C) or by the
22 consent of the patient, a record referred to in subsection
kjohnson on DSK79L0C42PROD with BILLS
23 (a), or testimony relaying the information contained there24 in, may not be disclosed or used in any civil, criminal, ad25 ministrative, or legislative proceedings conducted by any
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
151
1 Federal, State, or local authority, including with respect
2 to the following activities:
3
‘‘(1) Such record or testimony shall not be en-
4
tered into evidence in any criminal prosecution or
5
civil action before a Federal or State court.
6
‘‘(2) Such record or testimony shall not form
7
part of the record for decision or otherwise be taken
8
into account in any proceeding before a Federal,
9
State, or local agency.
10
‘‘(3) Such record or testimony shall not be used
11
by any Federal, State, or local agency for a law en-
12
forcement purpose or to conduct any law enforce-
13
ment investigation.
14
‘‘(4) Such record or testimony shall not be used
15
in any application for a warrant.’’.
16
(f) PENALTIES.—Subsection (f) of section 543 of the
17 Public Health Service Act (42 U.S.C. 290dd–2) is amend18 ed to read as follows:
19
‘‘(f) PENALTIES.—The provisions of sections 1176
20 and 1177 of the Social Security Act shall apply to a viola21 tion of this section to the extent and in the same manner
22 as such provisions apply to a violation of part C of title
kjohnson on DSK79L0C42PROD with BILLS
23 XI of such Act. In applying the previous sentence—
24
‘‘(1) the reference to ‘this subsection’ in sub-
25
section (a)(2) of such section 1176 shall be treated
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
152
1
as a reference to ‘this subsection (including as ap-
2
plied pursuant to section 543(f) of the Public Health
3
Service Act)’; and
4
‘‘(2) in subsection (b) of such section 1176—
5
‘‘(A) each reference to ‘a penalty imposed
6
under subsection (a)’ shall be treated as a ref-
7
erence to ‘a penalty imposed under subsection
8
(a) (including as applied pursuant to section
9
543(f) of the Public Health Service Act)’; and
10
‘‘(B) each reference to ‘no damages ob-
11
tained under subsection (d)’ shall be treated as
12
a reference to ‘no damages obtained under sub-
13
section (d) (including as applied pursuant to
14
section 543(f) of the Public Health Service
15
Act)’.’’.
16
(g) ANTIDISCRIMINATION.—Section 543 of the Public
17 Health Service Act (42 U.S.C. 290dd–2) is amended by
18 inserting after subsection (h) the following:
19
‘‘(i) ANTIDISCRIMINATION.—
kjohnson on DSK79L0C42PROD with BILLS
20
‘‘(1) IN
GENERAL.—No
entity shall discrimi-
21
nate against an individual on the basis of informa-
22
tion received by such entity pursuant to an inad-
23
vertent or intentional disclosure of records, or infor-
24
mation contained in records, described in subsection
25
(a) in—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
153
1
‘‘(A) admission, access to, or treatment for
2
health care;
3
‘‘(B) hiring, firing, or terms of employ-
4
ment, or receipt of worker’s compensation;
5
‘‘(C) the sale, rental, or continued rental of
6
housing;
7
‘‘(D) access to Federal, State, or local
8
courts; or
9
‘‘(E) access to, approval of, or mainte-
10
nance of social services and benefits provided or
11
funded by Federal, State, or local governments.
12
‘‘(2) RECIPIENTS
OF FEDERAL FUNDS.—No
re-
13
cipient of Federal funds shall discriminate against
14
an individual on the basis of information received by
15
such recipient pursuant to an intentional or inad-
16
vertent disclosure of such records or information
17
contained in records described in subsection (a) in
18
affording access to the services provided with such
19
funds.’’.
20
(h) NOTIFICATION
IN
CASE
OF
BREACH.—Section
21 543 of the Public Health Service Act (42 U.S.C. 290dd–
22 2), as amended by subsection (g), is further amended by
kjohnson on DSK79L0C42PROD with BILLS
23 inserting after subsection (i) the following:
24
‘‘(j) NOTIFICATION
IN
CASE
OF
BREACH.—The pro-
25 visions of section 13402 of the HITECH Act (42 U.S.C.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
154
1 17932) shall apply to a program or activity described in
2 subsection (a), in case of a breach of records described
3 in subsection (a), to the same extent and in the same man4 ner as such provisions apply to a covered entity in the
5 case of a breach of unsecured protected health informa6 tion.’’.
7
(i) REGULATIONS.—
8
(1) IN
Secretary of Health and
9
Human Services, in consultation with appropriate
10
Federal agencies, shall make such revisions to regu-
11
lations as may be necessary for implementing and
12
enforcing the amendments made by this section,
13
such that such amendments shall apply with respect
14
to uses and disclosures of information occurring on
15
or after the date that is 12 months after the date
16
of enactment of this Act.
17
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—The
(2) EASILY
UNDERSTANDABLE NOTICE OF PRI-
18
VACY PRACTICES.—Not
19
date of enactment of this Act, the Secretary of
20
Health and Human Services, in consultation with
21
appropriate legal, clinical, privacy, and civil rights
22
experts, shall update section 164.520 of title 45,
23
Code of Federal Regulations, so that covered entities
24
and entities creating or maintaining the records de-
25
scribed in subsection (a) provide notice, written in
later than 1 year after the
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
155
1
plain language, of privacy practices regarding pa-
2
tient records referred to in section 543(a) of the
3
Public Health Service Act (42 U.S.C. 290dd–2(a)),
4
including—
5
(A) a statement of the patient’s rights, in-
6
cluding self-pay patients, with respect to pro-
7
tected health information and a brief descrip-
8
tion of how the individual may exercise these
9
rights (as required by subsection (b)(1)(iv) of
10
such section 164.520); and
11
(B) a description of each purpose for
12
which the covered entity is permitted or re-
13
quired to use or disclose protected health infor-
14
mation without the patient’s written authoriza-
15
tion (as required by subsection (b)(2) of such
16
section 164.520).
17
(j) RULES
OF
CONSTRUCTION.—Nothing in this title
18 or the amendments made by this title shall be construed
kjohnson on DSK79L0C42PROD with BILLS
19 to limit—
20
(1) a patient’s right, as described in section
21
164.522 of title 45, Code of Federal Regulations, or
22
any successor regulation, to request a restriction on
23
the use or disclosure of a record referred to in sec-
24
tion 543(a) of the Public Health Service Act (42
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
156
1
U.S.C. 290dd–2(a)) for purposes of treatment, pay-
2
ment, or health care operations; or
3
(2) a covered entity’s choice, as described in
4
section 164.506 of title 45, Code of Federal Regula-
5
tions, or any successor regulation, to obtain the con-
6
sent of the individual to use or disclose a record re-
7
ferred to in such section 543(a) to carry out treat-
8
ment, payment, or health care operation.
9
(k) SENSE
OF
CONGRESS.—It is the sense of the
kjohnson on DSK79L0C42PROD with BILLS
10 Congress that—
11
(1) any person treating a patient through a
12
program or activity with respect to which the con-
13
fidentiality requirements of section 543 of the Public
14
Health Service Act (42 U.S.C. 290dd–2) apply is en-
15
couraged to access the applicable State-based pre-
16
scription drug monitoring program when clinically
17
appropriate;
18
(2) patients have the right to request a restric-
19
tion on the use or disclosure of a record referred to
20
in section 543(a) of the Public Health Service Act
21
(42 U.S.C. 290dd–2(a)) for treatment, payment, or
22
health care operations;
23
(3) covered entities should make every reason-
24
able effort to the extent feasible to comply with a
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
157
1
patient’s request for a restriction regarding such use
2
or disclosure;
3
(4) for purposes of applying section 164.501 of
4
title 45, Code of Federal Regulations, the definition
5
of health care operations shall have the meaning
6
given such term in such section, except that clause
7
(v) of paragraph (6) shall not apply; and
8
(5) programs creating records referred to in
9
section 543(a) of the Public Health Service Act (42
10
U.S.C. 290dd–2(a)) should receive positive incen-
11
tives for discussing with their patients the benefits
12
to consenting to share such records.
13
SEC. 4222. NUTRITION SERVICES.
14
(a) DEFINITIONS.—In this section, the terms ‘‘As-
15 sistant Secretary’’, ‘‘Secretary’’, ‘‘State agency’’, and
16 ‘‘area agency on aging’’ have the meanings given the
17 terms in section 102 of the Older Americans Act of 1965
18 (42 U.S.C. 3002).
19
(b) NUTRITION SERVICES TRANSFER CRITERIA.—
20 During any portion of the COVID-19 public health emer21 gency declared under section 319 of the Public Health
22 Service Act (42 U.S.C. 247d), the Secretary shall allow
kjohnson on DSK79L0C42PROD with BILLS
23 a State agency or an area agency on aging, without prior
24 approval, to transfer not more than 100 percent of the
25 funds received by the State agency or area agency on
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
158
1 aging, respectively, and attributable to funds appropriated
2 under paragraph (1) or (2) of section 303(b) of the Older
3 Americans Act of 1965 (42 U.S.C. 3023(b)), between sub4 part 1 and subpart 2 of part C (42 U.S.C. 3030d–2 et
5 seq.) for such use as the State agency or area agency on
6 aging, respectively, considers appropriate to meet the
7 needs of the State or area served.
8
9
(c ) HOME-DELIVERED NUTRITION SERVICES WAIVER.—For
purposes of State agencies determining the de-
10 livery of nutrition services under section 337 of the Older
11 Americans Act of 1965 (42 U.S.C. 3030g), during the pe12 riod of the COVID–19 public health emergency declared
13 under section 319 of the Public Health Service Act (42
14 U.S.C. 247d), the same meaning shall be given to an indi15 vidual who is unable to obtain nutrition because the indi16 vidual is practicing social distancing due to the emergency
17 as is given to an individual who is homebound by reason
18 of illness.
19
(d) DIETARY GUIDELINES WAIVER.—To facilitate
20 implementation of subparts 1 and 2 of part C of title III
21 of the Older Americans Act of 1965 (42 U.S.C. 3030d–
22 2 et seq.) during any portion of the COVID-19 public
kjohnson on DSK79L0C42PROD with BILLS
23 health emergency declared under section 319 of the Public
24 Health Service Act (42 U.S.C. 247d), the Assistant Sec25 retary shall waive the requirements for meals provided
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
159
1 under those subparts to comply with the requirements of
2 clauses (i) and (ii) of section 339(2)(A) of such Act (42
3 U.S.C. 3030g–21(2)(A)).
4
SEC. 4223. GUIDANCE ON PROTECTED HEALTH INFORMA-
5
6
TION.
Not later than 180 days after the date of enactment
7 of this Act, the Secretary of Health and Human Services
8 shall issue guidance on the sharing of patients’ protected
9 health information pursuant to section 160.103 of title 45,
10 Code of Federal Regulations (or any successor regula11 tions) during the public health emergency declared by the
12 Secretary of Health and Human Services under section
13 319 of the Public Health Service Act (42 U.S.C. 247d)
14 with respect to COVID-19, during the emergency involv15 ing Federal primary responsibility determined to exist by
16 the President under section 501(b) of the Robert T. Staf17 ford Disaster Relief and Emergency Assistance Act (42
18 U.S.C. 5191(b)) with respect to COVID-19, and during
19 the national emergency declared by the President under
20 the National Emergencies Act (50 U.S.C. 1601 et seq.)
21 with respect to COVID-19. Such guidance shall include
22 information on compliance with the regulations promul-
kjohnson on DSK79L0C42PROD with BILLS
23 gated pursuant to section 264(c) of the Health Insurance
24 Portability and Accountability Act of 1996 (42 U.S.C.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
160
1 1320d–2 note) and applicable policies, including such poli2 cies that may come into effect during such emergencies.
3
SEC. 4224. REAUTHORIZATION OF HEALTHY START PRO-
4
5
GRAM.
Section 330H of the Public Health Service Act (42
6 U.S.C. 254c–8) is amended—
7
(1) in subsection (a)—
8
(A) in paragraph (1), by striking ‘‘, during
9
fiscal year 2001 and subsequent years,’’; and
10
(B) in paragraph (2), by inserting ‘‘or in-
11
creasing above the national average’’ after
12
‘‘areas with high’’;
13
(2) in subsection (b)—
14
(A) in paragraph (1), by striking ‘‘con-
15
sumers of project services, public health depart-
16
ments, hospitals, health centers under section
17
330’’ and inserting ‘‘participants and former
18
participants of project services, public health
19
departments, hospitals, health centers under
20
section 330, State substance abuse agencies’’;
21
and
kjohnson on DSK79L0C42PROD with BILLS
22
(B) in paragraph (2)—
23
(i) in subparagraph (A), by striking
24
‘‘such as low birthweight’’ and inserting
25
‘‘including poor birth outcomes (such as
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
161
1
low birthweight and preterm birth) and so-
2
cial determinants of health’’;
3
(ii) by redesignating subparagraph
4
(B) as subparagraph (C);
5
(iii) by inserting after subparagraph
6
(A), the following:
7
‘‘(B) Communities with—
8
‘‘(i) high rates of infant mortality or
9
poor perinatal outcomes; or
10
‘‘(ii) high rates of infant mortality or
11
poor perinatal outcomes in specific sub-
12
populations within the community.’’; and
13
(iv) in subparagraph (C) (as so redes-
14
ignated)—
15
(I) by redesignating clauses (i)
16
and (ii) as clauses (ii) and (iii), re-
17
spectively;
kjohnson on DSK79L0C42PROD with BILLS
18
(II) by inserting before clause (ii)
19
(as so redesignated) the following:
20
‘‘(i) collaboration with the local com-
21
munity in the development of the project;’’;
22
(III) in clause (ii) (as so redesig-
23
nated), by striking ‘‘and’’ at the end;
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
162
1
(IV) in clause (iii) (as so redesig-
2
nated), by striking the period and in-
3
serting ‘‘; and’’; and
4
(V) by adding at the end the fol-
5
lowing:
6
‘‘(iv) the use and collection of data
7
demonstrating the effectiveness of such
8
program in decreasing infant mortality
9
rates and improving perinatal outcomes, as
10
applicable, or the process by which new ap-
11
plicants plan to collect this data.’’;
12
(3) in subsection (c)—
13
(A) by striking ‘‘Recipients of grants’’ and
14
inserting the following:
15
‘‘(1) IN
16
of grants’’; and
(B) by adding at the end the following:
17
‘‘(2) OTHER
PROGRAMS.—The
Secretary shall
18
ensure coordination of the program carried out pur-
19
suant to this section with other programs and activi-
20
ties related to the reduction of the rate of infant
21
mortality and improved perinatal and infant health
22
outcomes supported by the Department.’’;
23
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—Recipients
(4) in subsection (e)—
24
(A) in paragraph (1), by striking ‘‘appro-
25
priated—’’ and all that follows through the end
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
163
1
and inserting ‘‘appropriated $122,500,000 for
2
each of fiscal years 2020 through 2024.’’; and
3
(B) in paragraph (2)(B), by adding at the
4
end the following: ‘‘Evaluations may also in-
5
clude, to the extent practicable, information re-
6
lated to—
7
‘‘(i) progress toward achieving any
8
grant metrics or outcomes related to re-
9
ducing infant mortality rates, improving
10
perinatal outcomes, or reducing the dis-
11
parity in health status;
12
‘‘(ii) recommendations on potential
13
improvements that may assist with ad-
14
dressing gaps, as applicable and appro-
15
priate; and
16
‘‘(iii) the extent to which the grantee
17
coordinated with the community in which
18
the grantee is located in the development
19
of the project and delivery of services, in-
20
cluding with respect to technical assistance
21
and mentorship programs.’’; and
22
kjohnson on DSK79L0C42PROD with BILLS
23
(5) by adding at the end the following:
‘‘(f) GAO REPORT.—
24
25
‘‘(1) IN
GENERAL.—Not
later than 4 years
after the date of the enactment of this subsection,
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
164
1
the Comptroller General of the United States shall
2
conduct an independent evaluation, and submit to
3
the appropriate Committees of Congress a report,
4
concerning the Healthy Start program under this
5
section.
6
‘‘(2) EVALUATION.—In conducting the evalua-
7
tion under paragraph (1), the Comptroller General
8
shall consider, as applicable and appropriate, infor-
9
mation from the evaluations under subsection
kjohnson on DSK79L0C42PROD with BILLS
10
(e)(2)(B).
11
‘‘(3) REPORT.—The report described in para-
12
graph (1) shall review, assess, and provide rec-
13
ommendations, as appropriate, on the following:
14
‘‘(A) The allocation of Healthy Start pro-
15
gram grants by the Health Resources and Serv-
16
ices Administration, including considerations
17
made by such Administration regarding dispari-
18
ties in infant mortality or perinatal outcomes
19
among urban and rural areas in making such
20
awards.
21
‘‘(B) Trends in the progress made toward
22
meeting the evaluation criteria pursuant to sub-
23
section (e)(2)(B), including programs which de-
24
crease infant mortality rates and improve
25
perinatal outcomes, programs that have not de-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
165
1
creased infant mortality rates or improved
2
perinatal outcomes, and programs that have
3
made an impact on disparities in infant mor-
4
tality or perinatal outcomes.
5
‘‘(C) The ability of grantees to improve
6
health outcomes for project participants, pro-
7
mote the awareness of the Healthy Start pro-
8
gram services, incorporate and promote family
9
participation, facilitate coordination with the
10
community in which the grantee is located, and
11
increase grantee accountability through quality
12
improvement, performance monitoring, evalua-
13
tion, and the effect such metrics may have to-
14
ward decreasing the rate of infant mortality
15
and improving perinatal outcomes.
16
‘‘(D) The extent to which such Federal
17
programs are coordinated across agencies and
18
the identification of opportunities for improved
19
coordination in such Federal programs and ac-
20
tivities.’’.
21
Subtitle C—Innovation
22
SEC. 4301. REMOVING THE CAP ON OTA.
kjohnson on DSK79L0C42PROD with BILLS
23
Section 319L(c)(5)(A)(ii) of the Public Health Serv-
24 ice Act (42 U.S.C. 247d–7e(c)(5)(A)(ii)) is amended to
25 read as follows:
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
166
1
‘‘(ii) LIMITATIONS
ON AUTHORITY.—
2
To the maximum extent practicable, com-
3
petitive procedures shall be used when en-
4
tering into transactions to carry out
5
projects under this subsection.’’.
6
SEC. 4302. EXTENDING THE PRIORITY REVIEW PROGRAM
7
FOR AGENTS THAT PRESENT NATIONAL SE-
8
CURITY THREATS.
9
Section 565A of the Federal Food, Drug, and Cos-
10 metic Act (21 U.S.C. 360bbb–4a) is amended by striking
11 subsection (g).
12
SEC. 4303. PRIORITY ZOONOTIC ANIMAL DRUGS.
13
Chapter V of the Federal Food, Drug, and Cosmetic
14 Act (21 U.S.C. 351 et seq.) is amended by inserting after
15 section 512 the following:
16
‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS.
17
‘‘(a) IN GENERAL.—The Secretary shall, at the re-
18 quest of the sponsor intending to submit an application
19 for approval of a new animal drug under section 512(b)(1)
20 or an application for conditional approval of a new animal
21 drug under section 571, expedite the development and re22 view of such new animal drug if preliminary clinical evi-
kjohnson on DSK79L0C42PROD with BILLS
23 dence indicates that the new animal drug, alone or in com24 bination with 1 or more other animal drugs, has the poten25 tial to prevent or treat a zoonotic disease in animals, in•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
167
1 cluding a vector borne-disease, that has the potential to
2 cause serious adverse health consequences for, or serious
3 or life-threatening diseases in, humans.
4
‘‘(b) REQUEST
FOR
DESIGNATION.—The sponsor of
5 a new animal drug may request the Secretary to designate
6 a new animal drug described in subsection (a) as a priority
7 zoonotic animal drug. A request for the designation may
8 be made concurrently with, or at any time after, the open9 ing of an investigational new animal drug file under sec10 tion 512(j) or the filing of an application under section
11 512(b)(1) or 571.
12
‘‘(c) DESIGNATION.—
kjohnson on DSK79L0C42PROD with BILLS
13
‘‘(1) IN
GENERAL.—Not
later than 60 calendar
14
days after the receipt of a request under subsection
15
(b), the Secretary shall determine whether the new
16
animal drug that is the subject of the request meets
17
the criteria described in subsection (a). If the Sec-
18
retary determines that the new animal drug meets
19
the criteria, the Secretary shall designate the new
20
animal drug as a priority zoonotic animal drug and
21
shall take such actions as are appropriate to expe-
22
dite the development and review of the application
23
for approval or conditional approval of such new ani-
24
mal drug.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
kjohnson on DSK79L0C42PROD with BILLS
168
1
‘‘(2) ACTIONS.—The actions to expedite the de-
2
velopment and review of an application under para-
3
graph (1) may include, as appropriate—
4
‘‘(A) taking steps to ensure that the design
5
of clinical trials is as efficient as practicable,
6
when scientifically appropriate, such as by uti-
7
lizing novel trial designs or drug development
8
tools (including biomarkers) that may reduce
9
the number of animals needed for studies;
10
‘‘(B) providing timely advice to, and inter-
11
active communication with, the sponsor (which
12
may include meetings with the sponsor and re-
13
view team) regarding the development of the
14
new animal drug to ensure that the develop-
15
ment program to gather the nonclinical and
16
clinical data necessary for approval is as effi-
17
cient as practicable;
18
‘‘(C) involving senior managers and review
19
staff with experience in zoonotic or vector-borne
20
disease to facilitate collaborative, cross-discipli-
21
nary review, including, as appropriate, across
22
agency centers; and
23
‘‘(D) implementing additional administra-
24
tive or process enhancements, as necessary, to
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
169
1
facilitate an efficient review and development
2
program.’’.
Subtitle D—Finance Committee
3
4
SEC. 4401. EXEMPTION FOR TELEHEALTH SERVICES.
5
(a) IN GENERAL.—Paragraph (2) of section 223(c)
6 of the Internal Revenue Code of 1986 is amended by add7 ing at the end the following new subparagraph:
8
‘‘(E) SAFE
9
HARBOR FOR ABSENCE OF DE-
DUCTIBLE FOR TELEHEALTH.—In
the case of
10
plan years beginning on or before December 31,
11
2021, a plan shall not fail to be treated as a
12
high deductible health plan by reason of failing
13
to have a deductible for telehealth and other re-
14
mote care services.’’.
15
(b) CERTAIN COVERAGE DISREGARDED.—Clause (ii)
16 of section 223(c)(1)(B) of the Internal Revenue Code of
17 1986 is amended by striking ‘‘or long-term care’’ and in18 serting ‘‘long-term care, or (in the case of plan years be19 ginning on or before December 31, 2021) telehealth and
20 other remote care’’.
21
(c) EFFECTIVE DATE.—The amendments made by
22 this section shall take effect on the date of the enactment
kjohnson on DSK79L0C42PROD with BILLS
23 of this Act.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
170
1
SEC. 4402. INCLUSION OF CERTAIN OVER-THE-COUNTER
2
MEDICAL PRODUCTS AS QUALIFIED MEDICAL
3
EXPENSES.
4
(a) HSAS.—Section 223(d)(2) of the Internal Rev-
5 enue Code of 1986 is amended—
6
(1) by striking the last sentence of subpara-
7
graph (A) and inserting the following: ‘‘For pur-
8
poses of this subparagraph, amounts paid for men-
9
strual care products shall be treated as paid for
10
medical care.’’; and
11
(2) by adding at the end the following new sub-
12
paragraph:
13
‘‘(D) MENSTRUAL
CARE PRODUCT.—For
14
purposes of this paragraph, the term ‘menstrual
15
care product’ means a tampon, pad, liner, cup,
16
sponge, or similar product used by individuals
17
with respect to menstruation or other genital-
18
tract secretions.’’.
19
(b) ARCHER MSAS.—Section 220(d)(2)(A) of such
20 Code is amended by striking the last sentence and insert21 ing the following: ‘‘For purposes of this subparagraph,
22 amounts paid for menstrual care products (as defined in
kjohnson on DSK79L0C42PROD with BILLS
23 section 223(d)(2)(D)) shall be treated as paid for medical
24 care.’’.
25
26
(c) HEALTH FLEXIBLE SPENDING ARRANGEMENTS
AND
HEALTH REIMBURSEMENT ARRANGEMENTS.—Sec-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
171
1 tion 106 of such Code is amended by striking subsection
2 (f) and inserting the following new subsection:
3
‘‘(f) REIMBURSEMENTS
FOR
MENSTRUAL CARE
4 PRODUCTS.—For purposes of this section and section
5 105, expenses incurred for menstrual care products (as
6 defined in section 223(d)(2)(D)) shall be treated as in7 curred for medical care.’’.
8
(d) EFFECTIVE DATES.—
9
(1)
DISTRIBUTIONS
FROM
SAVINGS
AC-
10
COUNTS.—The
11
and (b) shall apply to amounts paid after December
12
31, 2019.
amendment made by subsections (a)
13
(2) REIMBURSEMENTS.—The amendment made
14
by subsection (c) shall apply to expenses incurred
15
after December 31, 2019.
16
SEC. 4403. TREATMENT OF DIRECT PRIMARY CARE SERV-
17
18
ICE ARRANGEMENTS.
(a) IN GENERAL.—Section 223(c)(1) of the Internal
19 Revenue Code of 1986 is amended by adding at the end
20 the following new subparagraph:
21
‘‘(D) TREATMENT
22
DIRECT
‘‘(i) IN
24
GENERAL.—A
direct primary
care service arrangement shall not be
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
PRIMARY
CARE SERVICE ARRANGEMENTS.—
23
kjohnson on DSK79L0C42PROD with BILLS
OF
Jkt 099200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
172
1
treated as a health plan for purposes of
2
subparagraph (A)(ii).
3
‘‘(ii) DIRECT
4
ARRANGEMENT.—For
5
paragraph—
kjohnson on DSK79L0C42PROD with BILLS
6
‘‘(I) IN
PRIMARY CARE SERVICE
purposes
GENERAL.—The
this
term ‘di-
7
rect primary care service arrange-
8
ment’ means, with respect to any indi-
9
vidual, an arrangement under which
10
such individual is provided medical
11
care (as defined in section 213(d))
12
consisting solely of primary care serv-
13
ices provided by primary care practi-
14
tioners
15
1833(x)(2)(A) of the Social Security
16
Act, determined without regard to
17
clause (ii) thereof), if the sole com-
18
pensation for such care is a fixed peri-
19
odic fee.
(as
defined
in
section
20
‘‘(II) LIMITATION.—With respect
21
to any individual for any month, such
22
term shall not include any arrange-
23
ment if the aggregate fees for all di-
24
rect primary care service arrange-
25
ments (determined without regard to
•S 3548 IS
VerDate Sep 11 2014
of
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
173
1
this subclause) with respect to such
2
individual for such month exceed
3
$150 (twice such dollar amount in the
4
case of an individual with any direct
5
primary care service arrangement (as
6
so determined) that covers more than
7
one individual).
8
‘‘(iii) CERTAIN
9
CALLY EXCLUDED FROM TREATMENT AS
10
PRIMARY CARE SERVICES.—For
11
of this paragraph, the term ‘primary care
12
services’ shall not include—
13
purposes
‘‘(I) procedures that require the
14
use of general anesthesia, and
15
‘‘(II) laboratory services not typi-
16
cally administered in an ambulatory
17
primary care setting.
18
The Secretary, after consultation with the
19
Secretary of Health and Human Services,
20
shall issue regulations or other guidance
21
regarding the application of this clause.’’.
22
(b) DIRECT PRIMARY CARE SERVICE ARRANGEMENT
23 FEES
kjohnson on DSK79L0C42PROD with BILLS
SPECIFI-
SERVICES
TREATED
AS
MEDICAL
EXPENSES.—Section
24 223(d)(2)(C) is amended by striking ‘‘or’’ at the end of
25 clause (iii), by striking the period at the end of clause (iv)
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
174
1 and inserting ‘‘, or’’, and by adding at the end the fol2 lowing new clause:
3
‘‘(v) any direct primary care service arrangement.’’.
4
(c) INFLATION ADJUSTMENT.—Section 223(g)(1) of
5 such Code is amended—
6
7
(1) by inserting ‘‘, (c)(1)(D)(ii)(II),’’ after
‘‘(b)(2),’’ each place such term appears, and
8
(2) in subparagraph (B), by inserting ‘‘and
9
(iii)’’ after ‘‘clause (ii)’’ in clause (i), by striking
10
‘‘and’’ at the end of clause (i), by striking the period
11
at the end of clause (ii) and inserting ‘‘, and’’, and
12
by inserting after clause (ii) the following new
13
clause:
14
‘‘(iii) in the case of the dollar amount
15
in subsection (c)(1)(D)(ii)(II) for taxable
16
years beginning in calendar years after
17
2020, ‘calendar year 2019’.’ ’’’.
18
(d) REPORTING
OF
19 ARRANGEMENT FEES
DIRECT PRIMARY CARE SERVICE
ON W–2.—Section
6051(a) of such
20 Code is amended by striking ‘‘and’’ at the end of para21 graph (16), by striking the period at the end of paragraph
22 (17) and inserting ‘‘, and’’, and by inserting after para-
kjohnson on DSK79L0C42PROD with BILLS
23 graph (17) the following new paragraph:
24
25
‘‘(18) in the case of a direct primary care service
arrangement
(as
defined
in
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
section
175
1
223(c)(1)(D)(ii)) which is provided in connection
2
with employment, the aggregate fees for such ar-
3
rangement for such employee.’’.
4
(e) EFFECTIVE DATE.—The amendments made by
5 this section shall apply to months beginning after Decem6 ber 31, 2019, in taxable years ending after such date.
7
SEC. 4404. INCREASING MEDICARE TELEHEALTH FLEXI-
8
BILITIES DURING EMERGENCY PERIOD.
9
Section 1135 of the Social Security Act (42 U.S.C.
10 1320b–5) is amended—
11
(1) in subsection (b)(8), by striking ‘‘to an indi-
12
vidual by a qualified provider (as defined in sub-
13
section (g)(3))’’ and all that follows through the pe-
14
riod and inserting ‘‘, the requirements of section
15
1834(m).’’; and
16
(2) in subsection (g), by striking paragraph (3).
17
SEC. 4405. ENHANCING MEDICARE TELEHEALTH SERVICES
18
FOR FEDERALLY QUALIFIED HEALTH CEN-
19
TERS AND RURAL HEALTH CLINICS DURING
20
EMERGENCY PERIOD.
21
Section 1834(m) of the Social Security Act (42
kjohnson on DSK79L0C42PROD with BILLS
22 U.S.C. 1395m(m)) is amended—
23
(1) in the first sentence of paragraph (1), by
24
striking ‘‘The Secretary’’ and inserting ‘‘Subject to
25
paragraph (8), the Secretary’’;
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
176
1
(2) in paragraph (2)(A), by striking ‘‘The Sec-
2
retary’’ and inserting ‘‘Subject to paragraph (8), the
3
Secretary’’;
4
(3) in paragraph (4)—
5
(A) in subparagraph (A), by striking ‘‘The
6
term’’ and inserting ‘‘Subject to paragraph (8),
7
the term’’; and
8
(B) in subparagraph (F)(i), by striking
9
‘‘The term’’ and inserting ‘‘Subject to para-
10
graph (8), the term’’; and
11
(4) by adding at the end the following new
12
paragraph:
13
‘‘(8) ENHANCING
14
FEDERALLY
15
RURAL HEALTH CLINICS DURING EMERGENCY PE-
16
RIOD.—
17
QUALIFIED
‘‘(A) IN
18
kjohnson on DSK79L0C42PROD with BILLS
TELEHEALTH SERVICES FOR
HEALTH
CENTERS
GENERAL.—During
the emergency
period described in section 1135(g)(1)(B)—
19
‘‘(i) the Secretary shall pay for tele-
20
health services that are furnished via a
21
telecommunications system by a Federally
22
qualified health center or a rural health
23
clinic to an eligible telehealth individual en-
24
rolled under this part notwithstanding that
25
the Federally qualified health center or
•S 3548 IS
VerDate Sep 11 2014
AND
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
kjohnson on DSK79L0C42PROD with BILLS
177
1
rural clinic providing the telehealth service
2
is not at the same location as the bene-
3
ficiary;
4
‘‘(ii) the amount of payment to a Fed-
5
erally qualified health center or rural
6
health clinic that serves as a distant site
7
for such a telehealth service shall be deter-
8
mined under subparagraph (B); and
9
‘‘(iii) for purposes of this subsection—
10
‘‘(I) the term ‘distant site’ in-
11
cludes a Federally qualified health
12
center or rural health clinic that fur-
13
nishes a telehealth service to an eligi-
14
ble telehealth individual; and
15
‘‘(II) the term ‘telehealth serv-
16
ices’ includes a rural health clinic
17
service or Federally qualified health
18
center service that is furnished using
19
telehealth to the extent that payment
20
codes corresponding to services identi-
21
fied by the Secretary under clause (i)
22
or (ii) of paragraph (4)(F) are listed
23
on the corresponding claim for such
24
rural health clinic service or Federally
25
qualified health center service.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
178
1
‘‘(B) SPECIAL
PAYMENT RULE.—The
Sec-
2
retary shall develop and implement payment
3
methods that apply under this subsection to a
4
Federally qualified health center or rural health
5
clinic that serves as a distant site that furnishes
6
a telehealth service to an eligible telehealth indi-
7
vidual during such emergency period. Such pay-
8
ment methods shall be based on a composite
9
rate that is similar to the payment that applies
10
to payment for comparable telehealth services
11
under the physician fee schedule under section
12
1848. Notwithstanding any other provision of
13
law, the Secretary may implement such pay-
14
ment methods through program instruction or
15
otherwise.’’.
16
SEC. 4406. TEMPORARY WAIVER OF REQUIREMENT FOR
17
FACE-TO-FACE VISITS BETWEEN HOME DI-
18
ALYSIS PATIENTS AND PHYSICIANS.
19
Section 1881(b)(3)(B) of the Social Security Act (42
20 U.S.C. 1395rr(b)(3)(B)) is amended—
21
kjohnson on DSK79L0C42PROD with BILLS
22
(1) in clause (i), by striking ‘‘clause (ii)’’ and
inserting ‘‘clauses (ii) and (iii)’’;
23
(2) in clause (ii), in the matter preceding sub-
24
clause (I), by striking ‘‘Clause (i)’’ and inserting
25
‘‘Except as provided in clause (iii), clause (i)’’; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
179
1
(3) by adding at the end the following new
2
clause:
3
‘‘(iii) The Secretary may waive the
4
provisions of clause (ii) during the emer-
5
gency
6
1135(g)(1)(B).’’.
7
period
described
in
section
SEC. 4407. IMPROVING CARE PLANNING FOR MEDICARE
8
9
HOME HEALTH SERVICES.
(a) PART A PROVISIONS.—Section 1814(a) of the So-
10 cial Security Act (42 U.S.C. 1395f(a)) is amended—
11
(1) in paragraph (2)—
12
(A) in the matter preceding subparagraph
13
(A), by inserting ‘‘, a nurse practitioner or clin-
14
ical nurse specialist (as such terms are defined
15
in section 1861(aa)(5)) who is working in ac-
16
cordance with State law, or a physician assist-
17
ant (as defined in section 1861(aa)(5)) under
18
the supervision of a physician, who is’’ after ‘‘in
19
the case of services described in subparagraph
20
(C), a physician’’; and
kjohnson on DSK79L0C42PROD with BILLS
21
(B) in subparagraph (C)—
22
(i) by inserting ‘‘, a nurse practi-
23
tioner, a clinical nurse specialist, or a phy-
24
sician assistant (as the case may be)’’ after
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
180
1
‘‘physician’’ the first 2 times it appears;
2
and
3
(ii) by striking ‘‘, and, in the case of
4
a certification made by a physician’’ and
5
all that follows through ‘‘face-to-face en-
6
counter’’ and inserting ‘‘, and, in the case
7
of a certification made by a physician after
8
January 1, 2010, or by a nurse practi-
9
tioner, clinical nurse specialist, or physi-
10
cian assistant (as the case may be) after a
11
date specified by the Secretary (but in no
12
case later than the date that is 6 months
13
after the date of the enactment of the
14
CARES Act), prior to making such certifi-
15
cation a physician, nurse practitioner, clin-
16
ical nurse specialist, or physician assistant
17
must document that a physician, nurse
18
practitioner, clinical nurse specialist, or
19
physician assistant has had a face-to-face
20
encounter’’;
21
(2) in the third sentence—
22
(A) by striking ‘‘physician certification’’
kjohnson on DSK79L0C42PROD with BILLS
23
and inserting ‘‘certification’’;
24
(B) by inserting ‘‘(or in the case of regula-
25
tions to implement the amendments made by
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
181
1
section 4407 of the CARES Act, the Secretary
2
shall prescribe regulations, which shall become
3
effective no later than 6 months after the enact-
4
ment of such Act))’’ after ‘‘1981’’; and
5
(C) by striking ‘‘a physician who’’ and in-
6
serting ‘‘a physician, nurse practitioner, clinical
7
nurse specialist, certified nurse-midwife, or phy-
8
sician assistant who’’; and
9
(3) in the fourth sentence, by inserting ‘‘, nurse
10
practitioner, clinical nurse specialist, certified nurse-
11
midwife, or physician assistant’’ after ‘‘physician’’;
12
and
kjohnson on DSK79L0C42PROD with BILLS
13
(4) in the fifth sentence—
14
(A) by inserting ‘‘or no later than six
15
months after the enactment of this legislation
16
for purposes of documentation for certification
17
and recertification made under paragraph (2)
18
by a nurse practitioner, clinical nurse specialist,
19
certified nurse-midwife, or physician assist-
20
ant,’’; and
21
(B) by inserting ‘‘, nurse practitioner, clin-
22
ical nurse specialist, certified nurse-midwife, or
23
physician assistant’’ after ‘‘of the physician’’.
24
(b) PART B PROVISIONS.—Section 1835(a) of the So-
25 cial Security Act (42 U.S.C. 1395n(a)) is amended—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
182
1
(1) in paragraph (2)—
2
(A) in the matter preceding subparagraph
3
(A), by inserting ‘‘, a nurse practitioner or clin-
4
ical nurse specialist (as those terms are defined
5
in section 1861(aa)(5)) who is working in ac-
6
cordance with State law, or a physician assist-
7
ant (as defined in section 1861(aa)(5)) under
8
the supervision of a physician, who is’’ after ‘‘in
9
the case of services described in subparagraph
10
(C), a physician’’; and
kjohnson on DSK79L0C42PROD with BILLS
11
(B) in subparagraph (A)—
12
(i) in each of clauses (ii) and (iii) of
13
subparagraph (A) by inserting ‘‘, a nurse
14
practitioner, a clinical nurse specialist, or a
15
physician assistant (as the case may be)’’
16
after ‘‘physician’’; and
17
(ii) in clause (iv), by striking ‘‘after
18
January 1, 2010’’ and all that follows
19
through ‘‘face-to-face encounter’’ and in-
20
serting ‘‘made by a physician after Janu-
21
ary 1, 2010, or by a nurse practitioner,
22
clinical nurse specialist, or physician as-
23
sistant (as the case may be) after a date
24
specified by the Secretary (but in no case
25
later than the date that is 6 months after
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
183
1
the date of the enactment of the CARES
2
Act), prior to making such certification a
3
physician, nurse practitioner, clinical nurse
4
specialist, certified nurse-midwife, or physi-
5
cian assistant must document that a physi-
6
cian, nurse practitioner, clinical nurse spe-
7
cialist, or physician assistant has had a
8
face-to-face encounter’’;
9
(2) in the third sentence, by inserting ‘‘, nurse
10
practitioner, clinical nurse specialist, or physician as-
11
sistant (as the case may be)’’ after physician;
12
(3) in the fourth sentence—
13
(A) by striking ‘‘physician certification’’
kjohnson on DSK79L0C42PROD with BILLS
14
and inserting ‘‘certification’’;
15
(B) by inserting ‘‘(or in the case of regula-
16
tions to implement the amendments made by
17
section 4407 of the CARES Act the Secretary
18
shall prescribe regulations which shall become
19
effective no later than 6 months after the enact-
20
ment of such Act))’’ after ‘‘1981’’; and
21
(C) by striking ‘‘a physician who’’ and in-
22
serting ‘‘a physician, nurse practitioner, clinical
23
nurse specialist, or physician assistant who’’;
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
184
1
(4) in the fifth sentence, by inserting ‘‘, nurse
2
practitioner, clinical nurse specialist, or physician as-
3
sistant’’ after ‘‘physician’’; and
4
(5) in the sixth sentence—
5
(A) by inserting ‘‘or no later than six
6
months after the enactment of this legislation
7
for purposes of documentation for certification
8
and recerification made under paragraph (2) by
9
a nurse practitioner, clinical nurse specialist,
10
certified nurse-midwife, or physician assistant,’’
11
after ‘‘January 1, 2019’’; and
12
(B) by inserting ‘‘, nurse practitioner, clin-
13
ical nurse specialist, certified nurse-midwife, or
14
physician assistant’’ after ‘‘of the physician’’.
15
(c) DEFINITION PROVISIONS.—
16
(1)
HEALTH
SERVICES.—Section
17
1861(m) of the Social Security Act (42 U.S.C.
18
1395x(m)) is amended—
19
(A) in the matter preceding paragraph
20
kjohnson on DSK79L0C42PROD with BILLS
HOME
(1)—
21
(i) by inserting ‘‘, a nurse practitioner
22
or a clinical nurse specialist (as those
23
terms are defined in subsection (aa)(5)), or
24
a physician assistant (as defined in sub-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
185
1
section (aa)(5))’’ after ‘‘physician’’ the
2
first place it appears; and
3
(ii) by inserting ‘‘, a nurse practi-
4
tioner, a clinical nurse specialist, or a phy-
5
sician assistant’’ after ‘‘physician’’ the sec-
6
ond place it appears; and
7
(B) in paragraph (3), by inserting ‘‘, a
8
nurse practitioner, a clinical nurse specialist, or
9
a physician assistant’’ after ‘‘physician’’.
kjohnson on DSK79L0C42PROD with BILLS
10
(2)
HOME
HEALTH
AGENCY.—Section
11
1861(o)(2) of the Social Security Act (42 U.S.C.
12
1395x(o)(2)) is amended—
13
(A) by inserting ‘‘, nurse practitioners or
14
clinical nurse specialists (as those terms are de-
15
fined in subsection (aa)(5)), certified nurse-mid-
16
wives (as defined in subsection (gg)), or physi-
17
cian
18
(aa)(5))’’ after ‘‘physicians’’; and
assistants
(as
defined
in
19
(B) by inserting ‘‘, nurse practitioner, clin-
20
ical nurse specialist, certified nurse-midwife,
21
physician assistant,’’ after ‘‘physician’’.
22
(3) COVERED
OSTEOPOROSIS DRUG.—Section
23
1861(kk)(1) of the Social Security Act (42 U.S.C.
24
1395x(kk)(1)) is amended by inserting ‘‘, nurse
25
practitioner or clinical nurse specialist (as those
•S 3548 IS
VerDate Sep 11 2014
subsection
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
186
1
terms are defined in subsection (aa)(5)), certified
2
nurse-midwive (as defined in subsection (gg)), or
3
physician
4
1820(aa)(5))’’ after ‘‘attending physician’’.
5
(d) HOME HEALTH PROSPECTIVE PAYMENT SYSTEM
assistant
(as
defined
in
subsection
6 PROVISIONS.—Section 1895 of the Social Security Act (42
7 U.S.C. 1395fff) is amended—
8
(1) in subsection (c)(1)—
9
(A) by striking ‘‘(provided under section
10
1842(r))’’; and
11
(B) by inserting ‘‘the 1 nurse practitioner
12
or clinical nurse specialist (as those terms are
13
defined in section 1861(aa)(5)), or the physi-
14
cian
15
1861(aa)(5))’’ after ‘‘physician’’; and
16
(2) in subsection (e)—
(as
defined
in
(A) in paragraph (1)(A), by inserting ‘‘or
18
a nurse practitioner or clinical nurse specialist
19
(as
20
1861(aa)(5))’’ after ‘‘physician’’; and
those
terms
are
defined
in
(i) in the heading, by striking ‘‘PHY-
23
SICIAN
24
‘‘RULE
25
QUIREMENT FOR CERTIFICATION’’;
CERTIFICATION’’
and
Jkt 099200
PO 00000
Frm 00186
inserting
OF CONSTRUCTION REGARDING RE-
•S 3548 IS
22:59 Mar 19, 2020
section
(B) in paragraph (2)—
22
VerDate Sep 11 2014
section
17
21
kjohnson on DSK79L0C42PROD with BILLS
assistant
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
and
187
1
(ii) by striking ‘‘physician’’.
2
(e) APPLICATION
TO
MEDICAID.—The amendments
3 made under this section shall apply under title XIX of the
4 Social Security Act in the same manner and to the same
5 extent as such requirements apply under title XVIII of
6 such Act or regulations promulgated thereunder.
7
(f) EFFECTIVE DATE.—The Secretary of Health and
8 Human Services shall prescribe regulations to apply the
9 amendments made by this section to items and services
10 furnished, which shall become effective no later than six
11 months after the enactment of this legislation. The Sec12 retary shall promulgate an interim final rule if necessary,
13 to comply with the required effective date.
14
SEC. 4408. ADJUSTMENT OF SEQUESTRATION.
15
16
(a) TEMPORARY SUSPENSION
QUESTRATION.—During
OF
MEDICARE SE-
the period beginning on May 1,
17 2020 and ending on December 31, 2020, the Medicare
18 programs under title XVIII of the Social Security Act (42
19 U.S.C. 1395 et seq.) shall be exempt from reduction under
20 any sequestration order issued before, on, or after the date
21 of enactment of this Act.
22
(b) EXTENSION
OF
DIRECT SPENDING REDUCTIONS
kjohnson on DSK79L0C42PROD with BILLS
23 THROUGH FISCAL YEAR 2030.—Section 251A(6) of the
24 Balanced Budget and Emergency Deficit Control Act of
25 1985 (2 U.S.C. 901a(6)) is amended—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
188
1
(1) in subparagraph (B), in the matter pre-
2
ceding clause (i), by striking ‘‘through 2029’’ and
3
inserting ‘‘through 2030’’; and
4
(2) in subparagraph (C), in the matter pre-
5
ceding clause (i), by striking ‘‘fiscal year 2029’’ and
6
inserting ‘‘fiscal year 2030’’.
7
SEC. 4409. MEDICARE HOSPITAL INPATIENT PROSPECTIVE
8
PAYMENT SYSTEM ADD-ON PAYMENT FOR
9
COVID–19 PATIENTS DURING EMERGENCY PE-
10
11
RIOD.
(a) IN GENERAL.—Section 1886(d)(4)(C) of the So-
12 cial Security Act (42 U.S.C. 1395ww(d)(4)(C)) is amend13 ed by adding at the end the following new clause:
14
‘‘(iv)(I) For discharges occurring during the emer-
15 gency period described in section 1135(g)(1)(B), in the
16 case of a discharge that has a principal or secondary diag17 nosis of COVID–19, the Secretary shall increase the
18 weighting factor for each diagnosis-related group (with
19 such a principal or secondary diagnosis) by 15 percent.
20
‘‘(II) Any adjustment under subclause (I) shall not
21 be taken into account in applying budget neutrality under
22 clause (iii).’’.
kjohnson on DSK79L0C42PROD with BILLS
23
(b) IMPLEMENTATION.—Notwithstanding any other
24 provision of law, the Secretary may implement the amend-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
189
1 ment made by subsection (a) by program instruction or
2 otherwise.
3
SEC. 4410. REVISING PAYMENT RATES FOR DURABLE MED-
4
ICAL EQUIPMENT UNDER THE MEDICARE
5
PROGRAM THROUGH DURATION OF EMER-
6
GENCY PERIOD.
7
(a) RURAL
AND
NONCONTIGUOUS AREAS.—The Sec-
8 retary of Health and Human Services shall implement sec9 tion 414.210(g)(9)(iii) of title 42, Code of Federal Regula10 tions (or any successor regulation), to apply the transition
11 rule described in such section to all applicable items and
12 services furnished in rural areas and noncontiguous areas
13 (as such terms are defined for purposes of such section)
14 as planned through December 31, 2020, and through the
15 duration of the emergency period described in section
16 1135(g)(1)(B) of the Social Security Act (42 U.S.C.
17 1320b–5(g)(1)(B)), if longer.
18
19
(b) AREAS OTHER THAN RURAL
UOUS
AND
NONCONTIG-
AREAS.—With respect to items and services fur-
20 nished on or after the date that is 30 days after the date
21 of the enactment of this Act, the Secretary of Health and
22 Human Services shall apply section 414.210(g)(9)(iv) of
kjohnson on DSK79L0C42PROD with BILLS
23 title 42, Code of Federal Regulations (or any successor
24 regulation), as if the reference to ‘‘dates of service from
25 June 1, 2018 through December 31, 2020, based on the
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
190
1 fee schedule amount for the area is equal to 100 percent
2 of the adjusted payment amount established under this
3 section’’ were instead a reference to ‘‘dates of service from
4 March 6, 2020, through the remainder of the duration of
5 the emergency period described in section 1135(g)(1)(B)
6 of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)),
7 based on the fee schedule amount for the area is equal
8 to 75 percent of the adjusted payment amount established
9 under this section and 25 percent of the unadjusted fee
10 schedule amount’’.
11
SEC. 4411. PROVIDING HOME AND COMMUNITY-BASED
12
13
SERVICES IN ACUTE CARE HOSPITALS.
Section 1902(h) of the Social Security Act (42 U.S.C.
kjohnson on DSK79L0C42PROD with BILLS
14 1396a(h)) is amended—
15
(1) by inserting ‘‘(1)’’ after ‘‘(h)’’;
16
(2) by inserting ‘‘, home and community-based
17
services provided under subsection (c), (d), or (i) of
18
section 1915 or under a waiver under section 1115,
19
self-directed personal assistance services provided
20
pursuant to a written plan of care under section
21
1915(j), and home and community-based attendant
22
services and supports under section 1915(k)’’ before
23
the period; and
24
(3) by adding at the end the following:
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
191
1
‘‘(2) Nothing in this title, title XVIII, or title XI shall
2 be construed as prohibiting receipt of any care or services
3 specified in paragraph (1) in an acute care hospital that
4 are—
5
‘‘(A) identified in an individual’s person-cen-
6
tered plan of services and supports (or comparable
7
plan of care);
8
‘‘(B) provided to meet needs of the individual
9
that are not met through the provision of hospital
10
services;
11
‘‘(C) not a substitute for services that the hos-
12
pital is obligated to provide through its conditions of
13
participation or under Federal or State law; and
14
‘‘(D) designed to ensure smooth transitions be-
15
tween acute care settings and home and community-
16
based settings, and to preserve the individual’s func-
17
tions.’’.
18
SEC. 4412. TREATMENT OF TECHNOLOGY-ENABLED COL-
19
LABORATIVE
20
BUILDING MODELS AS MEDICAL ASSISTANCE.
21
Section 1915 of the Social Security Act (42 U.S.C.
LEARNING
AND
CAPACITY
22 1396n) is amended by adding at the end the following:
kjohnson on DSK79L0C42PROD with BILLS
23
‘‘(m)
TECHNOLOGY-ENABLED
COLLABORATIVE
24 LEARNING AND CAPACITY BUILDING MODELS.—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
192
1
‘‘(1) IN
State may provide, as
2
medical assistance, a technology-enabled collabo-
3
rative learning and capacity building model used by
4
a provider participating under the State plan (or a
5
waiver of such plan) without regard to the require-
6
ments
7
statewideness), section 1902(a)(10)(B) (relating to
8
comparability), and section 1902(a)(23) (relating to
9
freedom of choice of providers).
of
section
1902(a)(1)
(relating
‘‘(2) REQUIREMENTS.—A State shall be eligible
11
for Federal financial assistance for providing such
12
medical assistance under the following conditions:
13
‘‘(A) A participating provider uses the
14
technology-enabled collaborative learning and
15
capacity building model to train health profes-
16
sionals (which may include medical students) in
17
protocols for responding to a public health
18
emergency during an emergency period, includ-
19
ing any period relating to an outbreak of
20
coronavirus disease 2019 (COVID–19).
‘‘(B)
In
accordance
with
section
22
1902(a)(25), there are no other third parties
23
liable to pay for the use of such model by a par-
24
ticipating provider, including as reimbursement
•S 3548 IS
VerDate Sep 11 2014
to
10
21
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—A
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
193
1
under a medical, social, educational, or other
2
program.
3
‘‘(C) The State allocates the costs of any
4
part of the use such model which is reimburs-
5
able under another federally funded program in
6
accordance with OMB Circular A–87 (or any
7
related or successor guidance or regulations re-
8
garding allocation of costs among federally
9
funded programs) under an approved cost allo-
10
cation program.
11
‘‘(3) NONAPPLICATION
12
section (h) shall not apply to the provision of med-
13
ical assistance for technology-enabled collaborative
14
learning and capacity building models under this
15
subsection.
16
‘‘(4) DEFINITIONS.—In this subsection:
17
‘‘(A)
EMERGENCY
PERIOD.—The
‘emergency period’ has the meaning given that
19
term in section 1135(g)(1).
‘‘(B)
TECHNOLOGY-ENABLED
COLLABO-
21
RATIVE
22
MODEL.—The
23
laborative learning and capacity building model’
24
has the meaning given that term in section 2(7)
25
of the Expanding Capacity for Health Out-
LEARNING
AND
CAPACITY
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00193
BUILDING
term ‘ technology-enabled col-
•S 3548 IS
VerDate Sep 11 2014
term
18
20
kjohnson on DSK79L0C42PROD with BILLS
OF TIME LIMITS.—Sub-
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
194
1
comes Act (Public Law 114–270, 130 Stat.
2
1395).’’.
3
SEC. 4413. ENCOURAGING THE DEVELOPMENT AND USE OF
4
DISARM ANTIMICROBIAL DRUGS.
5
6
(a) ADDITIONAL PAYMENT
MICROBIAL
7
FOR
DISARM ANTI-
DRUGS UNDER MEDICARE.—
(1) IN
GENERAL.—Section
1886(d)(5) of the
8
Social Security Act (42 U.S.C. 1395ww(d)(5)) is
9
amended by adding at the end the following new
10
subparagraph:
11
‘‘(M)(i)(I) In the case of discharges occurring on or
12 after October 1, 2021, and before October 1, 2026, subject
13 to subclause (II), the Secretary shall, after notice and op14 portunity for public comment (in the publications required
15 by subsection (e)(5) for a fiscal year or otherwise), provide
16 for an additional payment under a mechanism (separate
17 from the mechanism established under subparagraph (K)),
18 with respect to such discharges involving any DISARM
kjohnson on DSK79L0C42PROD with BILLS
19 antimicrobial drug, in an amount equal to—
20
‘‘(aa) the amount payable under section 1847A
21
for such drug during the calendar quarter in which
22
the discharge occurred; or
23
‘‘(bb) if no amount for such drug is determined
24
under section 1847A, an amount to be determined
25
by the Secretary in a manner similar to the manner
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
195
1
in which payment amounts are determined under
2
section 1847A based on information submitted by
3
the manufacturer or sponsor of such drug (as re-
4
quired under clause (v)).
5
‘‘(II) In determining the amount payable under sec-
6 tion 1847A for purposes of items (aa) and (bb) of sub7 clause (I), subparagraphs (A) and (B) of subsection (b)(1)
8 of such section shall be applied by substituting ‘100 per9 cent’ for ‘106 percent’ each place it appears and para10 graph (8)(B) of such section shall be applied by sub11 stituting ‘0 percent’ for ‘6 percent’.
12
‘‘(ii) For purposes of this subparagraph, a DISARM
13 antimicrobial drug is—
14
‘‘(I) a drug—
15
‘‘(aa) that—
16
‘‘(AA) is approved by the Food and
kjohnson on DSK79L0C42PROD with BILLS
17
Drug Administration;
18
‘‘(BB) is designated by the Food and
19
Drug Administration as a qualified infec-
20
tious disease product under subsection (d)
21
of section 505E of the Federal Food,
22
Drug, and Cosmetic Act; and
23
‘‘(CC) has received an extension of its
24
exclusivity period pursuant to subsection
25
(a) of such section; and
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
196
1
‘‘(bb) that has been designated by the Sec-
2
retary pursuant to the process established
3
under clause (iv)(I)(bb); or
4
‘‘(II) an antibacterial or antifungal biological
kjohnson on DSK79L0C42PROD with BILLS
5
product—
6
‘‘(aa) that is licensed for use, or an anti-
7
bacterial or antifungal biological product for
8
which an indication is first licensed for use, by
9
the Food and Drug Administration on or after
10
June 5, 2014, under section 351(a) of the Pub-
11
lic Health Service Act for human use to treat
12
serious or life-threatening infections, as deter-
13
mined by the Food and Drug Administration,
14
including those caused by, or likely to be caused
15
by—
16
‘‘(AA) an antibacterial or antifungal
17
resistant pathogen, including novel or
18
emerging infectious pathogens; or
19
‘‘(BB) a qualifying pathogen (as de-
20
fined under section 505E(f) of the Federal
21
Food, Drug, and Cosmetic Act); and
22
‘‘(bb) has been designated by the Secretary
23
pursuant to the process established under
24
clause (iv)(I)(bb).
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
197
1
‘‘(iii) The mechanism established pursuant to clause
2 (i) shall provide that the additional payment under clause
kjohnson on DSK79L0C42PROD with BILLS
3 (i) shall—
4
‘‘(I) with respect to a discharge, only be made
5
to a subsection (d) hospital that, as determined by
6
the Secretary—
7
‘‘(aa) is participating in the National
8
Healthcare Safety Network Antimicrobial Use
9
and Resistance Module of the Centers for Dis-
10
ease Control and Prevention or a similar report-
11
ing program, as specified by the Secretary, re-
12
lating to antimicrobial drugs; and
13
‘‘(bb) has an antimicrobial stewardship
14
program that aligns with the Core Elements of
15
Hospital Antibiotic Stewardship Programs of
16
the Centers for Disease Control and Prevention
17
or the Antimicrobial Stewardship Standard set
18
by the Joint Commission; and
19
‘‘(II) apply to discharges occurring on or after
20
October 1 of the year in which the drug or biological
21
product is designated by the Secretary as a DIS-
22
ARM antimicrobial drug.
23
‘‘(iv)(I) The mechanism established pursuant to
24 clause (i) shall provide for a process for—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
198
1
‘‘(aa) a manufacturer or sponsor of a drug or
2
biological product to request the Secretary to des-
3
ignate the drug or biological product as a DISARM
4
antimicrobial drug; and
5
‘‘(bb) the designation by the Secretary of drugs
6
and biological products as DISARM antimicrobial
7
drugs.
8
‘‘(II) A designation of a drug or biological product
9 as a DISARM antimicrobial drug may be revoked by the
10 Secretary if the Secretary determines that—
11
‘‘(aa) the drug or biological product no longer
12
meets the requirements for a DISARM antimicrobial
13
drug under clause (ii);
14
kjohnson on DSK79L0C42PROD with BILLS
15
‘‘(bb) the request for such designation contained an untrue statement of material fact; or
16
‘‘(cc) clinical or other information that was not
17
available to the Secretary at the time such designa-
18
tion was made shows that—
19
‘‘(AA) such drug or biological product is
20
unsafe for use or not shown to be safe for use
21
for individuals who are entitled to benefits
22
under part A; or
23
‘‘(BB) an alternative to such drug or bio-
24
logical product is an advance that substantially
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
199
1
improves the diagnosis or treatment of such in-
2
dividuals.
3
‘‘(III) Not later than October 1, 2021, and annually
4 thereafter through October 1, 2025, the Secretary shall
5 publish in the Federal Register a list of the DISARM anti6 microbial drugs designated under this subparagraph pur7 suant to the process established under clause (iv)(I)(bb).
8
‘‘(v)(I) For purposes of determining additional pay-
9 ment amounts under clause (i), a manufacturer or sponsor
10 of a drug or biological product that submits a request de11 scribed in clause (iv)(I)(aa) shall submit to the Secretary
12 information described in section 1927(b)(3)(A)(iii).
13
‘‘(II) The penalties for failure to provide timely infor-
14 mation under clause (i) of subparagraph (C) of section
15 1927(b)(3) and for providing false information under
16 clause (ii) of such subparagraph shall apply to manufac17 turers and sponsors of a drug or biological product under
18 this section with respect to information under subclause
19 (I) in the same manner as such penalties apply to manu20 facturers under such clauses with respect to information
21 under subparagraph (A) of such section.
22
‘‘(vi) The mechanism established pursuant to clause
kjohnson on DSK79L0C42PROD with BILLS
23 (i) shall provide that—
24
‘‘(I) except as provided in subclause (II), no ad-
25
ditional payment shall be made under this subpara-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
200
1
graph for discharges involving a DISARM anti-
2
microbial drug if any additional payments have been
3
made for discharges involving such drug as a new
4
medical service or technology under subparagraph
5
(K);
6
‘‘(II) additional payments may be made under
7
this subparagraph for discharges involving a DIS-
8
ARM antimicrobial drug if any additional payments
9
have been made for discharges occurring prior to the
10
date of enactment of this subparagraph involving
11
such drug as a new medical service or technology
12
under subparagraph (K); and
13
‘‘(III) no additional payment shall be made
14
under subparagraph (K) for discharges involving a
15
DISARM antimicrobial drug as a new medical serv-
16
ice or technology if any additional payments for dis-
17
charges involving such drug have been made under
18
this subparagraph.’’.
kjohnson on DSK79L0C42PROD with BILLS
19
(2)
CONFORMING
AMENDMENT.—Section
20
1886(d)(5)(K)(ii)(III) of the Social Security Act (42
21
U.S.C. 1395ww(d)(5)(K)(ii)(III)) is amended by
22
striking ‘‘provide’’ and inserting ‘‘subject to sub-
23
paragraph (M)(vi), provide’’.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
201
1
2
(b) STUDY
AND
REPORTS
DEVELOPMENT
TO THE
OF
ON
REMOVING BARRIERS
DISARM ANTIMICROBIAL
kjohnson on DSK79L0C42PROD with BILLS
3 DRUGS.—
4
(1) STUDY.—The Comptroller General of the
5
United States (in this subsection referred to as the
6
‘‘Comptroller General’’) shall, in consultation with
7
the Director of the National Institutes of Health,
8
the Commissioner of Food and Drugs, the Adminis-
9
trator of the Centers for Medicare & Medicaid Serv-
10
ices, and the Director of the Centers for Disease
11
Control and Prevention, conduct a study to—
12
(A) identify and examine the barriers that
13
prevent the development of DISARM anti-
14
microbial
15
1886(d)(5)(M)(ii) of the Social Security Act, as
16
added by subsection (a)); and
drugs
(as
defined
in
17
(B) develop recommendations for actions
18
to be taken in order to overcome any barriers
19
identified under subparagraph (A).
20
(2) REPORT.—October 1, 2025, the Comp-
21
troller General shall submit to Congress a report
22
containing the preliminary results of the study con-
23
ducted under paragraph (1), together with rec-
24
ommendations for such legislation and administra-
•S 3548 IS
VerDate Sep 11 2014
section
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
202
1
tive action as the Comptroller General determines
2
appropriate.
3
SEC. 4414. NOVEL MEDICAL PRODUCTS.
4
5
(a) EXPEDITED CODING
UCTS.—Section
OF
NOVEL MEDICAL PROD-
1174(b)(2)(B) of the Social Security Act
6 (42 U.S.C. 1320d–3(b)(2)(B)) is amended by adding at
7 the end the following new clauses:
8
‘‘(iii) EXPEDITED
9
MEDICAL PRODUCTS.—
kjohnson on DSK79L0C42PROD with BILLS
10
‘‘(I)
IN
CODING OF NOVEL
GENERAL.—Notwith-
11
standing paragraph (1), in the case of
12
a novel medical product (as defined in
13
clause (iv)), the Secretary shall make
14
modifications to the HCPCS code set
15
at least once every quarter.
16
‘‘(II) REQUEST.—Upon the writ-
17
ten confidential request of a manufac-
18
turer of a novel medical product, the
19
Secretary shall make a determination
20
whether to assign a HCPCS code to
21
such product. Such request may occur
22
on or after the date on which the
23
product receives a designation as a
24
breakthrough therapy under section
25
506(a) of the Federal Food, Drug,
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
203
1
and Cosmetic Act (21 U.S.C. 356(a)),
2
a breakthrough device under section
3
515B of such Act (21 U.S.C. 360e–
4
3), or a regenerative advanced therapy
5
under section 506(g) of such Act (21
6
U.S.C. 356(g)).
kjohnson on DSK79L0C42PROD with BILLS
7
‘‘(III) DEADLINE
FOR
8
MINATION; NOTIFICATION.—The
9
retary shall—
Sec-
10
‘‘(aa) not later than 180 cal-
11
endar days after receiving the re-
12
quest of a manufacturer under
13
subclause (II), make a deter-
14
mination under such subclause
15
with respect to the request; and
16
‘‘(bb) not later than 30 cal-
17
endar days after making such de-
18
termination, notify the manufac-
19
turer of the determination.
20
‘‘(IV) MONITORING
UTILIZATION
21
AND OUTCOMES.—A
22
signed under this clause shall allow
23
for the reliable monitoring of utiliza-
24
tion and outcomes of the novel med-
HCPCS code as-
•S 3548 IS
VerDate Sep 11 2014
DETER-
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
204
1
ical product as described in clause
2
(vi).
kjohnson on DSK79L0C42PROD with BILLS
3
‘‘(V) EFFECTIVE
DATE OF CODE
4
ASSIGNMENT.—If
5
a determination to assign a HCPCS
6
code to a product under subclause
7
(II), such code—
the Secretary makes
8
‘‘(aa) may be assigned with-
9
in the first quarter after the
10
manufacturer files, with respect
11
to such product, a new drug ap-
12
plication under section 505(b) of
13
the Federal Food, Drug, and
14
Cosmetic Act (21 U.S.C. 355(b)),
15
a biological product license appli-
16
cation under section 351(a) of
17
the Public Health Service Act
18
(42 U.S.C. 262(a)), a premarket
19
application under section 515(c)
20
of the Federal Food, Drug, and
21
Cosmetic
22
360e(c)), a report under section
23
510(k) of such Act (21 U.S.C.
24
360k), or a request for classifica-
25
tion under section 513(f)(2) of
Act
(21
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
U.S.C.
205
1
such Act (21 U.S.C. 360c(f)(2));
2
and
3
‘‘(bb) may not take effect
4
before the date the product is ap-
5
proved, cleared, or licensed by
6
the Food and Drug Administra-
7
tion.
8
‘‘(VI) TRADE
9
FIDENTIAL INFORMATION.—No
mation submitted under subclause (II)
11
shall be construed as authorizing the
12
Secretary to disclose any information
13
that is a trade secret or confidential
14
information
15
552(b)(4) of title 5, United States
16
Code.
17
‘‘(iv) NOVEL
subject
to
section
MEDICAL PRODUCT DE-
18
FINED.—For
19
graph, the term ‘novel medical product’
20
means a drug, biological product, or med-
21
ical device—
purposes of this subpara-
‘‘(I) that has not been assigned a
23
HCPCS code; and
24
‘‘(II) that has been designated as
25
a breakthrough therapy under section
•S 3548 IS
VerDate Sep 11 2014
infor-
10
22
kjohnson on DSK79L0C42PROD with BILLS
SECRETS AND CON-
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
206
1
506(a) of the Federal Food, Drug,
2
and Cosmetic Act (21 U.S.C. 356(a)),
3
a breakthrough device under section
4
515B of such Act (21 U.S.C. 360e–
5
3), or a regenerative advanced therapy
6
under section 506(g) of such Act (21
7
U.S.C. 356(g)).
8
‘‘(v) HCPCS
pur-
9
poses of this subparagraph, the term
10
‘HCPCS’ means the Healthcare Common
11
Procedure Coding System.
12
‘‘(vi)
INPATIENT
PRODUCTS.—The
13
Secretary shall establish a code modifier
14
within the hospital inpatient prospective
15
payment system under section 1886(d) to
16
track the utilization and outcomes of novel
17
medical products that are assigned a
18
HCPCS code pursuant to the expedited
19
coding process under clause (iii) and are
20
furnished by hospitals in inpatient set-
21
tings.’’.
22
23
kjohnson on DSK79L0C42PROD with BILLS
DEFINED.—For
(b) COVERAGE DETERMINATIONS
ICAL
FOR
NOVEL MED-
PRODUCTS.—Section 1862(l) of the Social Security
24 Act (42 U.S.C. 1395y(l)) is amended by adding at the end
25 the following new paragraph:
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
207
1
2
‘‘(7) COVERAGE
PRODUCTS.—
3
‘‘(A) IN
GENERAL.—The
Secretary shall
4
facilitate an efficient coverage pathway to expe-
5
dite a national coverage decision for coverage
6
with evidence development process under this
7
title for novel medical products described in
8
subparagraph (D). The Secretary shall review
9
such novel medical products for the coverage
10
process on an expedited basis, beginning as
11
soon as the Secretary assigns a HCPCS code to
12
the product under clause (iii)(V)(aa) of section
13
1174(b)(2)(B).
14
‘‘(B) DETERMINATION
OF COVERAGE WITH
15
EVIDENCE
16
pathway shall include, with respect to such
17
novel medical products, if the Secretary deter-
18
mines coverage with evidence development is
19
appropriate, issuance of a national coverage de-
20
termination of coverage with evidence develop-
21
ment for a period up to, but not to exceed, 4
22
years from the date of such determination.
23
kjohnson on DSK79L0C42PROD with BILLS
PATHWAY FOR NOVEL MEDICAL
DEVELOPMENT.—Such
‘‘(C) MODERNIZING
PAYMENT
OPTIONS
24
FOR NOVEL MEDICAL PRODUCTS.—Not
25
than 4 years after issuing such national cov-
•S 3548 IS
VerDate Sep 11 2014
coverage
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
later
208
1
erage determination, the Secretary shall submit
2
to Congress and to the manufacturer of the
3
novel medical product a report providing op-
4
tions for alternative payment models under this
5
title for the novel medical product or class of
6
such products, which may include the utilization
7
of existing models in the commercial health in-
8
surance market. Such report shall include any
9
recommendations for legislation and adminis-
10
trative action as the Secretary determines ap-
11
propriate to facilitate such payment arrange-
12
ments.
kjohnson on DSK79L0C42PROD with BILLS
13
‘‘(D) NOVEL
MEDICAL
PRODUCTS
14
SCRIBED.—For
15
novel medical product described in this subpara-
16
graph is a novel medical product, as defined in
17
clause (iv) of section 1174(b)(2)(B), that is as-
18
signed a HCPCS code pursuant to the expe-
19
dited coding process under clause (iii) of such
20
section.
purposes of this paragraph, a
21
‘‘(E) CLARIFICATION.—Nothing in this
22
paragraph shall prevent the Secretary from
23
issuing a noncoverage or a national coverage
24
determination for a novel medical product.’’.
•S 3548 IS
VerDate Sep 11 2014
DE-
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
209
1
2
(c) ENHANCING COORDINATION WITH
AND
(1) PUBLIC
4
MEETING.—
(A) IN
GENERAL.—Not
later than 12
5
months after the date of the enactment of this
6
Act, the Secretary shall convene a public meet-
7
ing for the purposes of discussing and providing
8
input on improvements to coordination between
9
the Food and Drug Administration and the
10
Centers for Medicare & Medicaid Services in
11
preparing for the availability of novel medical
12
products
13
1174(b)(2)(B)(iv) of the Social Security Act, as
14
added by subsection (a)) on the market in the
15
United States.
16
(as
defined
in
section
(B) ATTENDEES.—The public meeting
17
shall include—
18
(i) representatives of relevant Federal
19
agencies, including representatives from
20
each of the medical product centers within
21
the Food and Drug Administration and
22
representatives from the coding, coverage,
23
and payment offices within the Centers for
24
Medicare & Medicaid Services;
•S 3548 IS
VerDate Sep 11 2014
FOOD
DRUG ADMINISTRATION.—
3
kjohnson on DSK79L0C42PROD with BILLS
THE
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
210
1
(ii) stakeholders with expertise in the
2
research and development of novel medical
3
products, including manufacturers of such
4
products;
5
(iii) representatives of commercial
6
health insurance payers;
7
(iv) stakeholders with expertise in the
8
administration and use of novel medical
9
products, including physicians; and
10
(v) stakeholders representing patients
11
and with expertise in the utilization of pa-
12
tient experience data in medical product
13
development.
14
(C) TOPICS.—The public meeting shall in-
kjohnson on DSK79L0C42PROD with BILLS
15
clude a discussion of—
16
(i) the status of the drug and medical
17
device development pipeline related to the
18
availability of novel medical products;
19
(ii) the anticipated expertise necessary
20
to review the safety and effectiveness of
21
such products at the Food and Drug Ad-
22
ministration and current gaps in such ex-
23
pertise, if any;
24
(iii) the expertise necessary to make
25
coding, coverage, and payment decisions
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
kjohnson on DSK79L0C42PROD with BILLS
211
1
with respect to such products within the
2
Centers for Medicare & Medicaid Services,
3
and current gaps in such expertise, if any;
4
(iv) trends in the differences in the
5
data necessary to determine the safety and
6
effectiveness of a novel medical product
7
and the data necessary to determine
8
whether a novel medical product meets the
9
reasonable and necessary requirements for
10
coverage and payment under title XVIII of
11
the Social Security Act pursuant to section
12
1862(a)(1)(A) of such Act (42 U.S.C.
13
1395y(a)(1)(A));
14
(v) the availability of information for
15
sponsors of such novel medical products to
16
meet each of those requirements; and
17
(vi) the coordination of information
18
related to significant clinical improvement
19
over existing therapies for patients between
20
the Food and Drug Administration and the
21
Centers for Medicare & Medicaid Services
22
with respect to novel medical products.
23
(D) TRADE
SECRETS AND CONFIDENTIAL
24
INFORMATION.—No
25
part of the public meeting under this paragraph
information discussed as a
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
212
1
shall be construed as authorizing the Secretary
2
to disclose any information that is a trade se-
3
cret or confidential information subject to sec-
4
tion 552(b)(4) of title 5, United States Code.
5
(2) IMPROVING
6
FOR MEDICARE COVERAGE.—
7
(A) UPDATING
GUIDANCE.—Not
18 months after the public meeting under para-
9
graph (1), the Secretary of Health and Human
10
Services shall update the final guidance entitled
11
‘‘National Coverage Determinations with Data
12
Collection as a Condition of Coverage: Coverage
13
with Evidence Development’’ to improve the
14
availability and coordination of information as
15
described in clauses (iv) through (vi) of para-
16
graph (1)(C), and clarify novel medical product
17
clinical data requirements to meet reasonable
18
and necessary requirements for coverage and
19
payment under title XVIII of the Social Secu-
20
rity Act.
(B) FINALIZING
UPDATED
GUIDANCE.—
22
Not later than 12 months after issuing draft
23
guidance under subparagraph (A), the Sec-
24
retary shall finalize the updated guidance.
•S 3548 IS
VerDate Sep 11 2014
later than
8
21
kjohnson on DSK79L0C42PROD with BILLS
TRANSPARENCY OF CRITERIA
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
213
1
(d) REPORT
ON
CODING, COVERAGE,
2 PROCESSES UNDER MEDICARE
FOR
AND
PAYMENT
NEW MEDICAL
3 PRODUCTS.—
4
(1) IN
later than 12 months
5
after the date of enactment of this Act, the Sec-
6
retary of Health and Human Services shall publish
7
a report on the internet website of the Department
8
of Health and Human Services regarding processes
9
under the Medicare program under title XVIII of
10
the Social Security Act (42 U.S.C. 1395 et seq.)
11
with respect to the coding, coverage, and payment of
12
medical products described in paragraph (2). Such
13
report shall include the following:
14
(A) A description of challenges in the cod-
15
ing, coverage, and payment processes under the
16
Medicare program for medical products de-
17
scribed in such paragraph.
18
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—Not
(B) Recommendations to—
19
(i) incorporate patient experience data
20
(such as the impact of a disease or condi-
21
tion on the lives of patients and patient
22
treatment preferences) into the coverage
23
and payment processes within the Centers
24
for Medicare & Medicaid Services;
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
214
1
(ii) decrease the length of time to
2
make national and local coverage deter-
3
minations under the Medicare program (as
4
those terms are defined in subparagraph
5
(A) and (B), respectively, of section
6
1862(l)(6) of the Social Security Act (42
7
U.S.C. 1395y(l)(6)));
8
(iii) streamline the coverage process
9
under the Medicare program and incor-
10
porate input from relevant stakeholders
11
into such coverage determinations; and
12
(iv) identify potential mechanisms to
13
incorporate novel payment designs similar
14
to those in development in commercial in-
15
surance plans and State plans under title
16
XIX of the Social Security Act (42 U.S.C.
17
1396r et seq.) into the Medicare program.
kjohnson on DSK79L0C42PROD with BILLS
18
(2) MEDICAL
PRODUCTS DESCRIBED.—For
19
poses of paragraph (1), a medical product described
20
in this paragraph is a medical product, including a
21
drug, biological (including gene and cell therapy and
22
gene editing), or medical device, that has been des-
23
ignated as a breakthrough therapy under section
24
506(a) of the Federal Food, Drug, and Cosmetic Act
25
(21 U.S.C. 356(a)), a breakthrough device under
•S 3548 IS
VerDate Sep 11 2014
pur-
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
215
1
section 515B of such Act (21 U.S.C. 360e–3), or a
2
regenerative advanced therapy under section 506(g)
3
of such Act (21 U.S.C. 356(g)).
TITLE II—EDUCATION
PROVISIONS
4
5
6
SEC. 4501. SHORT TITLE.
7
This title may be cited as the ‘‘COVID-19 Pandemic
8 Education Relief Act of 2020’’.
9
SEC. 4502. DEFINITIONS.
10
(a) DEFINITIONS.—In this title:
11
kjohnson on DSK79L0C42PROD with BILLS
12
(1)
QUALIFYING
EMERGENCY.—The
‘‘qualifying emergency’’ means—
13
(A) a public health emergency declared by
14
the Secretary of Health and Human Services
15
pursuant to section 319 of the Public Health
16
Service Act (42 U.S.C. 247d);
17
(B) an event for which the President de-
18
clared a major disaster or an emergency under
19
section 401 or 501, respectively, of the Robert
20
T. Stafford Disaster Relief and Emergency As-
21
sistance Act (42 U.S.C. 5170 and 5191); or
22
(C) a national emergency declared by the
23
President under section 201 of the National
24
Emergencies Act (50 U.S.C. 1601 et seq.).
•S 3548 IS
VerDate Sep 11 2014
term
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
216
1
(2) INSTITUTION
OF HIGHER EDUCATION.—The
2
term ‘‘institution of higher education’’ has the
3
meaning of the term under section 102 of the High-
4
er Education Act of 1965 (20 U.S.C. 1002).
5
(3) SECRETARY.—The term ‘‘Secretary’’ means
6
7
the Secretary of Education.
SEC. 4503. CAMPUS-BASED AID WAIVERS.
8
9
(a) WAIVER
OF
NON-FEDERAL SHARE REQUIRE-
MENT.—Notwithstanding
sections
413C(a)(2)
and
10 443(b)(5) of the Higher Education Act of 1965 (20
11 U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with respect
12 to funds made available for award years 2019-2020 and
13 2020-2021, the Secretary shall waive the requirement that
14 a participating institution of higher education provide a
15 non-Federal share to match Federal funds provided to the
16 institution for the programs authorized pursuant to sub17 part 3 of part A and part C of title IV of the Higher
18 Education Act of 1965 (20 U.S.C. 1070b et seq. and
19 1087–51 et seq.).
20
(b) AUTHORITY
TO
REALLOCATE.—Notwithstanding
21 sections 413D, 442, and 488 of the Higher Education Act
22 of 1965 (20 U.S.C. 1070b–3, 1087–52, and 1095), during
kjohnson on DSK79L0C42PROD with BILLS
23 a period of a qualifying emergency, an institution may
24 transfer up to 100 percent of the institution’s unexpended
25 allotment under section 442 of such Act to the institu•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
217
1 tion’s allotment under section 413D of such Act, but may
2 not transfer any funds from the institution’s unexpended
3 allotment under section 413D of such Act to the institu4 tion’s allotment under section 442 of such Act.
5
SEC. 4504. USE OF SUPPLEMENTAL EDUCATIONAL OPPOR-
6
7
TUNITY GRANTS FOR EMERGENCY AID.
(a) IN GENERAL.—Notwithstanding section 413B of
8 the Higher Education Act of 1965 (20 U.S.C. 1070b–1),
9 an institution of higher education may reserve any amount
10 of an institution’s allocation under subpart 3 of part A
11 of title IV of the Higher Education Act of 1965 (20 U.S.C.
12 1070b et seq.) for a fiscal year to award, in such fiscal
13 year, emergency financial aid grants to assist under14 graduate or graduate students for unexpected expenses
15 and unmet financial need as the result of a qualifying
16 emergency.
17
(b) DETERMINATIONS.—In determining eligibility for
18 and awarding emergency financial aid grants under this
kjohnson on DSK79L0C42PROD with BILLS
19 section, an institution of higher education may—
20
(1) waive the amount of need calculation under
21
section 471 of the Higher Education Act of 1965
22
(20 U.S.C. 1087kk);
23
(2) allow for a student affected by a qualifying
24
emergency to receive funds in an amount that is not
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
218
1
more than the maximum Federal Pell Grant for the
2
applicable award year; and
3
(3) utilize a contract with a scholarship-grant-
4
ing organization designated for the sole purpose of
5
accepting applications from or disbursing funds to
6
students enrolled in the institution of higher edu-
7
cation, if such scholarship-granting organization dis-
8
burses the full allocated amount provided to the in-
9
stitution of higher education to the recipients.
10
(c) SPECIAL RULE.—Any emergency financial aid
11 grants to students under this section shall not be treated
12 as other financial assistance for the purposes of section
13 471 of the Higher Education Act of 1965 (20 U.S.C.
14 1087kk).
15
SEC. 4505. FEDERAL WORK-STUDY DURING A QUALIFYING
16
17
EMERGENCY.
(a) IN GENERAL.—In the event of a qualifying emer-
18 gency, an institution of higher education participating in
19 the program under part C of title IV of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1087–51 et seq.) may make
21 payments under such part to affected work-study stu22 dents, for the period of time (not to exceed one academic
kjohnson on DSK79L0C42PROD with BILLS
23 year) in which affected students were unable to fulfill the
24 students’ work-study obligation for all or part of such aca25 demic year due to such qualifying emergency, as follows:
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
219
1
(1) Payments may be made under such part to
2
affected work-study students in an amount equal to
3
or less than the amount of wages such students
4
would have been paid under such part had the stu-
5
dents been able to complete the work obligation nec-
6
essary to receive work study funds, as a one time
7
grant or as multiple payments.
8
(2) Payments shall not be made to any student
9
who was not eligible for work study or was not com-
10
pleting the work obligation necessary to receive work
11
study funds under such part prior to the occurrence
12
of the qualifying emergency.
13
(3) Any payments made to affected work-study
14
students under this subsection shall meet the match-
15
ing requirements of section 443 of the Higher Edu-
16
cation Act of 1965 (20 U.S.C. 1087–53), unless
17
such matching requirements are waived by the Sec-
18
retary of Education.
19
(b) DEFINITION
20
DENT.—In
OF
AFFECTED WORK-STUDY STU-
this section, the term ‘‘affected work-study
21 student’’ means a student enrolled at an eligible institu22 tion participating in the program under part C of title IV
kjohnson on DSK79L0C42PROD with BILLS
23 of the Higher Education Act of 1965 (20 U.S.C. 1087–
24 51 et seq.) who—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
220
1
(1) received a work-study award under section
2
443 of the Higher Education Act of 1965 (20
3
U.S.C. 1087–53) for the academic year during which
4
a qualifying emergency occurred;
5
(2) earned Federal work-study wages from such
6
eligible institution for such academic year; and
7
(3) was prevented from fulfilling the student’s
8
work-study obligation for all or part of such aca-
9
demic year due to such qualifying emergency.
10
SEC. 4506. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIM-
11
ITS.
12
Notwithstanding section 455(q)(3) of the Higher
13 Education Act of 1965 (20 U.S.C. 1087e(q)(3)), the Sec14 retary shall exclude from a student’s period of enrollment
15 for purposes of loans made under part D of title IV of
16 the Higher Education Act of 1965 (20 U.S.C. 1087a et
17 seq.) any semester (or the equivalent) during which the
18 student was unable to remain enrolled in school as a result
19 of a qualifying emergency, if the Secretary is able to ad20 minister such policy in a manner that limits complexity
21 and the burden on the student.
22
SEC. 4507. EXCLUSION FROM FEDERAL PELL GRANT DURA-
kjohnson on DSK79L0C42PROD with BILLS
23
24
TION LIMIT.
The Secretary shall exclude from a student’s Federal
25 Pell Grant duration limit under section 401(c)(5) of the
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
221
1 Higher Education Act of 1965 (2 U.S.C. 1070a(c)(5)) any
2 semester (or the equivalent) that the student does not
3 complete due to a qualifying emergency if the Secretary
4 is able to administer such policy in a manner that limits
5 complexity and the burden on the student.
6
SEC. 4508. INSTITUTIONAL REFUNDS AND FEDERAL STU-
7
8
DENT LOAN FLEXIBILITY.
(a) INSTITUTIONAL WAIVER.—The Secretary may
9 waive the institutional requirement in section 484B of the
10 Higher Education Act of 1965 (20 U.S.C. 1091b) with
11 respect to the amount of grant or loan assistance (other
12 than assistance received under part C of title IV of such
13 Act) to be returned to the title IV programs if a recipient
14 of assistance under title IV of the Higher Education Act
15 of 1965 (20 U.S.C. 1070 et seq.) withdraws from the in16 stitution during the payment period or period of enroll17 ment as a result of a qualifying emergency.
18
(b) STUDENT WAIVER.—The Secretary may waive
19 the amounts that students are required to return in sec20 tion 484B of the Higher Education Act of 1965 (20
21 U.S.C. 1091b) with respect to Federal Pell Grants or
22 other grant assistance if the withdrawals on which the re-
kjohnson on DSK79L0C42PROD with BILLS
23 turns are based on withdrawals by students who withdrew
24 from the institution as a result of a qualifying emergency.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
222
1
(c)
CANCELING
LOAN
OBLIGATION.—Notwith-
2 standing any other provision of the Higher Education Act
3 of 1965 (20 U.S.C. 1001 et seq.), the Secretary shall can4 cel the borrower’s obligation to repay the portion of a loan
5 made under part D of title IV of such Act for a recipient
6 of assistance who withdraws from the institution during
7 the payment period as a result of a qualifying emergency.
8
(d) APPROVED LEAVE
OF
ABSENCE.—Notwith-
9 standing any other provision of law, for purposes of receiv10 ing assistance under title IV of the Higher Education Act
11 of 1965 (20 U.S.C. 1070 et seq.), an institution of higher
12 education may, as a result of a qualifying emergency, pro13 vide a student with an approved leave of absence that does
14 not require the student to return at the same point in the
15 academic program that the student began the leave of ab16 sence if the student returns within the same semester (or
17 the equivalent).
18
SEC. 4509. SATISFACTORY PROGRESS.
19
Notwithstanding section 484 of the Higher Education
20 Act of 1965 (20 U.S.C. 1091), in determining whether a
21 student is maintaining satisfactory progress for purposes
22 of title IV of the Higher Education Act of 1965 (20 U.S.C.
kjohnson on DSK79L0C42PROD with BILLS
23 1070 et seq.), an institution of higher education may, as
24 a result of a qualifying emergency, exclude from the quan25 titative component of the calculation any attempted cred•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
223
1 its that were not completed by such student without re2 quiring an appeal by such student.
3
SEC. 4510. CONTINUING EDUCATION AT AFFECTED FOR-
4
5
EIGN INSTITUTIONS.
(a) IN GENERAL.—Notwithstanding section 481(b)
6 of the Higher Education Act of 1965 (20 U.S.C. 1088(b)),
7 with respect to a foreign institution, in the case of a public
8 health emergency, major disaster or emergency, or na9 tional emergency declared by the applicable government
10 authorities in the country in which the foreign institution
11 is located, the Secretary may permit any part of an other12 wise eligible program to be offered via distance education
13 for the duration of such emergency or disaster and the
14 following payment period for purposes of title IV of the
15 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
16
(b) ELIGIBILITY.—An otherwise eligible program
17 that is offered in whole or in part through distance edu18 cation by a foreign institution between March 1, 2020, and
19 the date of enactment of this Act shall be deemed eligible
20 for the purposes of part D of title IV of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1087a et seq.) for the dura22 tion of the qualifying emergency and the following pay-
kjohnson on DSK79L0C42PROD with BILLS
23 ment period for purposes of title IV of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1070 et seq.). Not later
25 than June 30, 2020, an institution of higher that uses
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
224
1 the authority provided in the previous sentence shall re2 port such use to the Secretary.
3
(c) REPORT.—Not later than 180 days after the date
4 of enactment of this Act, and every 180 days thereafter
5 for the duration of the qualifying emergency and the fol6 lowing payment period, the Secretary shall submit to the
7 authorizing committees (as defined in section 103 of the
8 Higher Education Act of 1965 (20 U.S.C. 1003)) a report
9 that identifies each foreign institution that carried out a
10 distance education program authorized under this section.
11
(d) WRITTEN ARRANGEMENTS.—
kjohnson on DSK79L0C42PROD with BILLS
12
(1) IN
GENERAL.—Notwithstanding
section 102
13
of the Higher Education Act of 1965 (20 U.S.C.
14
1002), for the duration of a qualifying emergency
15
and the following payment period, the Secretary may
16
allow a foreign institution to enter into a written ar-
17
rangement with an institution of higher education
18
located in the United States that participates in the
19
Federal Direct Loan Program under part D of title
20
IV of the Higher Education Act of 1965 (20 U.S.C.
21
1087a et seq.) for the purpose of allowing a student
22
of the foreign institution who is a borrower of a loan
23
made under such part to take courses from the insti-
24
tution of higher education located in the United
25
States.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
225
1
(2) FORM
2
(A) PUBLIC
OR OTHER NONPROFIT INSTI-
3
TUTIONS.—A
4
or other nonprofit institution may enter into a
5
written arrangement under subsection (a) only
6
with an institution of higher education de-
7
scribed in section 101 of such Act (20 U.S.C.
8
1001).
9
kjohnson on DSK79L0C42PROD with BILLS
OF ARRANGEMENTS.—
foreign institution that is a public
(B) OTHER
INSTITUTIONS.—A
foreign in-
10
stitution that is a graduate medical school,
11
nursing school, or a veterinary school and that
12
is not a public or other nonprofit institution
13
may enter into a written arrangement under
14
subsection (a) with an institution of higher edu-
15
cation described in section 101 or section 102
16
of such Act (20 U.S.C. 1001 and 1002).
17
(3) REPORT
USE.—Not
later than June 30,
18
2020, an institution of higher that uses the author-
19
ity described in paragraph (2) shall report such use
20
to the Secretary.
21
(4) REPORT
FROM THE SECRETARY.—Not
22
than 180 days after the date of enactment of this
23
Act, and every 180 days thereafter for the duration
24
of the qualifying emergency and the following pay-
25
ment period, the Secretary shall submit to the au-
•S 3548 IS
VerDate Sep 11 2014
later
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
226
1
thorizing committees (as defined in section 103 of
2
the Higher Education Act of 1965 (20 U.S.C.
3
1003)) a report that identifies each foreign institu-
4
tion that entered into a written arrangement author-
5
ized under subsection (a).
6
SEC. 4511. NATIONAL EMERGENCY EDUCATIONAL WAIVERS.
7
(a) IN GENERAL.—Notwithstanding any other provi-
8 sion of law, the Secretary of Education may waive any
9 statutory or regulatory provision described under subpara10 graphs (A) through (C) of subsection (b)(1) if the Sec11 retary determines that such a waiver is necessary and ap12 propriate due to the emergency involving Federal primary
13 responsibility determined to exist by the President under
14 the section 501(b) of the Robert T. Stafford Disaster Re15 lief and Emergency Assistance Act (42 U.S.C. 5191(b))
16 with respect to the Coronavirus Disease 2019 (COVID17 19).
18
(b) APPLICABLE PROVISIONS OF LAW.—
kjohnson on DSK79L0C42PROD with BILLS
19
(1) IN
GENERAL.—The
Secretary of Education
20
may waive any statutory or regulatory requirement
21
(such as those requirements related to assessments,
22
accountability, allocation of funds, and reporting),
23
for which a waiver request is submitted under sub-
24
section (c), if the Secretary determines that such a
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
227
1
waiver is necessary and appropriate as described in
2
subsection (a), under the following provisions of law:
3
(A) The Elementary and Secondary Edu-
4
cation Act of 1965 (20 U.S.C. 6301 et seq.).
5
(B) The Carl D. Perkins Career and Tech-
6
nical Education Act of 2006 (20 U.S.C. 2301
7
et seq.).
8
(C) The Higher Education Act of 1965
9
(20 U.S.C. 1001 et seq.).
10
(2) LIMITATION.—The Secretary of Education
11
shall not waive under this section any statutory or
12
regulatory requirements relating to applicable civil
13
rights laws.
14
(c) REQUESTS FOR WAIVERS.—
kjohnson on DSK79L0C42PROD with BILLS
15
(1) IN
GENERAL.—In
addition to any provision
16
waived by the Secretary under subsection (a), a
17
State, State educational agency, local educational
18
agency, Indian tribe, or institution of higher edu-
19
cation that desires a waiver from any statutory or
20
regulatory provision described under subparagraphs
21
(A) through (C) of subsection (b)(1) that the Sec-
22
retary has not already waived in accordance with
23
subsection (a), may submit a waiver request to the
24
Secretary in accordance with this subsection.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
228
1
2
(2) REQUESTS
request for a
waiver under this subsection shall—
3
(A) identify the Federal programs affected
4
by the requested waiver;
5
(B) describe which Federal statutory or
6
regulatory requirements are to be waived; and
7
(C) describe how the emergency involving
8
Federal primary responsibility determined to
9
exist by the President under the section 501(b)
10
of the Robert T. Stafford Disaster Relief and
11
Emergency Assistance Act (42 U.S.C. 5191(b))
12
with respect to the Coronavirus Disease 2019
13
(COVID-19) prevents or otherwise restricts the
14
ability of the State, State educational agency,
15
local educational agency, Indian tribe, or insti-
16
tution of higher education to comply with such
17
statutory or regulatory requirements.
18
(3) SECRETARY
19
kjohnson on DSK79L0C42PROD with BILLS
SUBMITTED.—A
(A) IN
APPROVAL.—
GENERAL.—Except
as provided
20
under subparagraph (B), the Secretary of Edu-
21
cation shall approve or disapprove a waiver re-
22
quest submitted under paragraph (1) not more
23
than 15 days after the date on which such re-
24
quest is submitted.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
229
1
(B) EXCEPTIONS.—The Secretary of Edu-
2
cation may disapprove a waiver request sub-
3
mitted under paragraph (1), only if the Sec-
4
retary determines that—
5
(i) the waiver request does not meet
6
the requirements of this section;
7
(ii) the waiver is not permitted pursu-
kjohnson on DSK79L0C42PROD with BILLS
8
ant to subsection (b)(2); or
9
(iii) the description required under
10
paragraph (2)(C) provides insufficient in-
11
formation to demonstrate that the waiving
12
of such requirements is necessary or ap-
13
propriate consistent with subsection (a).
14
(4) DURATION.—
15
(A) IN
GENERAL.—Except
as provided in
16
paragraph (B), a waiver approved by the Sec-
17
retary of Education under this subsection may
18
be for a period not to exceed 1 academic year.
19
(B) EXTENSION.—The Secretary of Edu-
20
cation may extend the period described under
21
subparagraph (A) if the State, State edu-
22
cational agency, local educational agency, In-
23
dian tribe, or institution of higher education
24
demonstrates to the Secretary that extending
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
230
1
the waiving of such requirements is necessary
2
and appropriate consistent with subsection (a).
3
(d) REPORTING AND PUBLICATION.—
4
(1) NOTIFYING
later than 7
5
days after granting a waiver under this section, the
6
Secretary of Education shall notify the Committee
7
on Health, Education, Labor, and Pensions of the
8
Senate, the Committee on Appropriations of the
9
Senate, the Committee on Education and Labor of
10
the House of Representatives, and the Committee on
11
Appropriations of the House of Representatives of
12
such waiver.
13
(2) PUBLICATION.—Not later than 30 days
14
after granting a waiver under this section, the Sec-
15
retary of Education shall publish a notice of the Sec-
16
retary’s decision in the Federal Register and on the
17
website of the Department of Education.
18
kjohnson on DSK79L0C42PROD with BILLS
CONGRESS.—Not
(3) IDEA
REPORT.—Not
later than 30 days
19
after the date of enactment of this Act, the Sec-
20
retary of Education shall prepare and submit a re-
21
port to the Committee on Health, Education, Labor,
22
and Pensions and the Committee on Appropriations
23
of the Senate, and the Committee on Education and
24
Labor and the Committee on Appropriations of the
25
House of Representatives, with recommendations on
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
231
1
any additional waivers the Secretary believes are
2
necessary to be enacted into law under the Individ-
3
uals with Disabilities Education Act (20 U.S.C.
4
1401 et seq.) and the Rehabilitation Act of 1973 (29
5
U.S.C. 701 et seq.) to provide limited flexibility to
6
States and local educational agencies to meet the
7
unique needs of students with disabilities during the
8
emergency involving Federal primary responsibility
9
determined to exist by the President under the sec-
10
tion 501(b) of the Robert T. Stafford Disaster Relief
11
and Emergency Assistance Act (42 U.S.C. 5191(b))
12
with respect to the Coronavirus Disease 2019
13
(COVID-19).
14
SEC. 4512. HBCU CAPITAL FINANCING.
15
(a) DEFERMENT PERIOD.—
16
(1) IN
sion of title III of the Higher Education Act of 1965
18
(20 U.S.C. 1051 et seq.), or any regulation promul-
19
gated under such title, the Secretary may grant a
20
deferment, for a period of a qualifying emergency to
21
an institution that has received a loan under part D
22
of title III of such Act (20 U.S.C. 1066 et seq.).
24
(2) TERMS.—During the deferment period
granted under this subsection—
•S 3548 IS
VerDate Sep 11 2014
any provi-
17
23
kjohnson on DSK79L0C42PROD with BILLS
GENERAL.—Notwithstanding
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
232
1
(A) the institution shall not be required to
2
pay any periodic installment of principal re-
3
quired under the loan agreement for such loan;
4
and
5
(B) the Secretary shall make principal pay-
6
ments otherwise due under the loan agreement.
7
(3) CLOSING.—At the closing of a loan deferred
8
under this subsection, terms shall be set under
9
which the institution shall be required to repay the
10
Secretary for the payments of principal made by the
11
Secretary during the deferment, on a schedule that
12
begins upon repayment to the lender in full on the
13
loan agreement.
14
(b) TERMINATION DATE.—
kjohnson on DSK79L0C42PROD with BILLS
15
(1) IN
GENERAL.—Except
as provided in para-
16
graph (2), the authority provided under this section
17
to grant a loan deferment under subsection (a), shall
18
terminate on the date that is the end of the quali-
19
fying emergency.
20
(2) DURATION.—Any provision of a loan agree-
21
ment or insurance agreement modified or waived by
22
the authority under this section shall remain so
23
modified or waived for the duration of the period
24
covered by the loan agreement or insurance agree-
25
ment.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00232
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
233
1
(c) REPORT.—Not later than 180 days after the date
2 of enactment of this Act, and every 180 days thereafter
3 during the period beginning on the first day of the quali4 fying emergency and ending on September 30 of the fiscal
5 year following the end of the qualifying emergency, the
6 Secretary shall submit to the authorizing committees (as
7 defined in section 103 of the Higher Education Act of
8 1965 (20 U.S.C. 1003)) a report that identifies each insti9 tution that received assistance or a waiver under this sec10 tion.
11
SEC. 4513. TEMPORARY RELIEF FOR FEDERAL STUDENT
12
13
LOAN BORROWERS.
(a) IN GENERAL.—The Secretary shall suspend all
14 payments due for loans made under part D of title IV
15 of the Higher Education Act of 1965 (20 U.S.C. 1087a
16 et seq.) for 3 months.
17
(b) NO ACCRUAL
OF
INTEREST.—Notwithstanding
18 any other provision of the Higher Education Act of 1965
19 (20 U.S.C. 1001 et seq.), interest shall not accrue on a
20 loan described under subsection (a) for which payment
21 was suspended for the period of the suspension.
22
(c) CONSIDERATION
OF
PAYMENTS.—The Secretary
kjohnson on DSK79L0C42PROD with BILLS
23 shall deem each month for which a loan payment was sus24 pended under this section as if the borrower of the loan
25 had made a payment for the purpose of any loan forgive•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00233
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
234
1 ness program authorized under part D of title IV of the
2 Higher Education Act of 1965 (20 U.S.C. 1087a et seq.)
3 for which the borrower would have otherwise qualified.
4
(d) EXTENSION.—The Secretary may extend the pe-
5 riod of suspension described under subsection (a) for an
6 additional 3 months.
7
SEC. 4514. PROVISIONS RELATED TO THE CORPORATION
8
9
FOR NATIONAL AND COMMUNITY SERVICE.
(a) ACCRUAL OF SERVICE HOURS.—
10
11
(1)
THROUGH
OTHER
(A) IN
GENERAL.—Notwithstanding
any
13
other provision of the Domestic Volunteer Serv-
14
ice Act of 1973 (42 U.S.C. 4950 et seq.) or the
15
National and Community Service Act of 1990
16
(42 U.S.C. 12501 et seq.), the Corporation for
17
National and Community Service shall allow an
18
individual described in subparagraph (B) to ac-
19
crue other service hours that will count toward
20
the number of hours needed for the individual’s
21
education award.
22
(B) AFFECTED
INDIVIDUALS.—Subpara-
23
graph (A) shall apply to any individual serving
24
in a position eligible for an educational award
25
under subtitle D of title I of the National and
•S 3548 IS
VerDate Sep 11 2014
SERVICE
HOURS.—
12
kjohnson on DSK79L0C42PROD with BILLS
ACCRUAL
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00234
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
235
1
Community Service Act of 1990 (42 U.S.C.
2
12601 et seq.)—
3
(i) who is performing limited service
4
due to COVID-19; or
5
(ii) whose position has been suspended
6
or placed on hold due to COVID-19.
7
(2) PROVISIONS
IN CASE OF EARLY EXIT.—In
8
any case where an individual serving in a position el-
9
igible for an educational award under subtitle D of
10
title I of the National and Community Service Act
11
of 1990 (42 U.S.C. 12601 et seq.) was required to
12
exit the position early at the direction of the Cor-
13
poration for National and Community Service, the
14
Chief Executive Officer of the Corporation for Na-
15
tional and Community Service may—
16
(A) deem such individual as having met
17
the requirements of the position; and
18
(B) award the individual the full value of
19
the educational award under such subtitle for
20
which the individual would otherwise have been
21
eligible.
22
(b) AVAILABILITY
OF
FUNDS.—Notwithstanding any
kjohnson on DSK79L0C42PROD with BILLS
23 other provision of law, all funds made available to the Cor24 poration for National and Community Service under any
25 Act, including the amounts appropriated to the Corpora•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
236
1 tion under the headings ‘‘OPERATING
EXPENSES’’,
2
RIES AND EXPENSES’’,
OF THE INSPECTOR
3
GENERAL’’
4
TIONAL AND
and ‘‘OFFICE
under the heading ‘‘CORPORATION
‘‘SALA-
FOR
NA-
COMMUNITY SERVICE’’ under title IV of Divi-
5 sion A of the Further Consolidated Appropriations Act,
6 2020 (Public Law 116–94), shall remain available for the
7 fiscal year ending September 30, 2021.
8
(c) NO REQUIRED RETURN
OF
GRANT FUNDS.—
9 Notwithstanding section 129(l)(3)(A)(i) of the National
10 and Community Service Act of 1990 (42 U.S.C.
11 12581(l)(3)(A)(i)), the Chief Executive Officer of the Cor12 poration for National and Community Service may permit
13 fixed-amount grant recipients under such section 129(l)
14 to maintain a pro rata amount of grant funds, at the dis15 cretion of the Corporation for National and Community
16 Service, for participants who exited or are serving in a
17 limited capacity due to COVID-19, to enable the grant re18 cipients to maintain operations and to accept participants.
19
(d) EXTENSION
OF
TERMS
AND
AGE LIMITS.—Not-
20 withstanding any other provision of law, the Corporation
21 for National and Community Service may extend the term
22 of service (for a period not to exceed the 1-year period
kjohnson on DSK79L0C42PROD with BILLS
23 immediately following the end of the national emergency)
24 or waive any upper age limit (except in no case shall the
25 maximum age exceed 26 years of age) for national service
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
237
1 programs carried out by the National Civilian Community
2 Corps under subtitle E of title I of the National and Com3 munity Service Act of 1990 (42 U.S.C. 12611 et seq.),
4 and the participants in such programs, for the purposes
5 of—
6
(1) addressing disruptions due to COVID-19;
7
and
8
(2) minimizing the difficulty in returning to full
9
operation due to COVID-19 on such programs and
10
11
participants.
SEC. 4515. WORKFORCE RESPONSE ACTIVITIES.
12
(a) ADMINISTRATIVE COSTS.—Of the total amount
13 allocated to a local area under section 128(b) of the Work14 force Innovation and Opportunity Act (29 U.S.C.
15 3163(b)) and section 133(b) of such Act (29 U.S.C.
16 3173(b)) and available for administrative costs for pro17 gram year 2019, not more than 20 percent of the total
18 amount may be used by the local board involved for the
19 administrative costs of carrying out local workforce invest20 ment activities under chapter 2 or chapter 3 of subtitle
21 B of title I of such Act (29 U.S.C. 3151 et seq.), if the
22 portion of the total amount that exceeds 10 percent of the
kjohnson on DSK79L0C42PROD with BILLS
23 total amount as described under section 128(b)(4)(A) of
24 such Act is used to respond to the COVID-19 national
25 emergency.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
238
1
(b) RAPID RESPONSE ACTIVITIES.—
2
(1) STATEWIDE
funds available for program year 2019 for statewide
4
activities under section 128(a) of the Workforce In-
5
novation and Opportunity Act (29 U.S.C. 3163(a)),
6
such funds may be used for statewide rapid response
7
activities as described in section 134(a)(2)(A) (29
8
U.S.C.
9
COVID-19 national emergency.
3174(a)(2)(A))
(2) LOCAL
for
BOARDS.—Of
responding
to
the
the funds available to
11
a Governor under section 133(a)(2) of such Act (29
12
U.S.C. 3173(a)(2)) such funds may be released
13
within 30 days to local boards most impacted by the
14
coronavirus at the determination of the Governor for
15
rapid response activities related to responding to the
16
COVID-19 national emergency.
17
(c) DEFINITIONS.—In this section:
18
(1) CORONAVIRUS.—The term ‘‘coronavirus’’
19
means coronavirus as defined in section 506 of the
20
Coronavirus Preparedness and Response Supple-
21
mental Appropriations Act, 2020 (Public Law 116–
22
123).
23
(2) COVID-19
NATIONAL
EMERGENCY.—The
24
term ‘‘COVID-19 national emergency’’ means the
25
national emergency declared by the President under
•S 3548 IS
VerDate Sep 11 2014
the
3
10
kjohnson on DSK79L0C42PROD with BILLS
RESPONSE.—Of
RAPID
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
239
1
the National Emergencies Act (50 U.S.C. 1601 et
2
seq.) on March 13, 2020, with respect to the
3
coronavirus.
4
(3) WIOA
as otherwise pro-
5
vided, the terms in this section have the meanings
6
given the terms in section 3 of the Workforce Inno-
7
vation and Opportunity Act (29 U.S.C. 3102).
8
SEC. 4516. TECHNICAL AMENDMENTS.
9
kjohnson on DSK79L0C42PROD with BILLS
TERMS.—Except
(a) IN GENERAL.—
10
(1) Section 6103(a)(3) of the Internal Revenue
11
Code of 1986, as amended by the FUTURE Act
12
(Public Law 116-91), is further amended by striking
13
‘‘(13), (16)’’ and inserting ‘‘(13)(A), (13)(B),
14
(13)(C), (13)(D)(i), (16)’’.
15
(2) Section 6103(p)(3)(A) of such Code, as so
16
amended, is further amended by striking ‘‘(12),’’
17
and inserting ‘‘(12), (13)(A), (13)(B), (13)(C),
18
(13)(D)(i)’’.
19
(3) Section 6103(p)(4) of such Code, as so
20
amended, is further amended by striking ‘‘(13) or
21
(16)’’ each place it appears and inserting ‘‘(13), or
22
(16)’’.
23
(4) Section 6103(p)(4) of such Code, as so
24
amended and as amended by paragraph (3), is fur-
25
ther amended by striking ‘‘(13)’’ each place it ap-
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
240
1
pears and inserting ‘‘(13)(A), (13)(B), (13)(C),
2
(13)(D)(i)’’.
3
(5) Section 6103(l)(13)(C)(ii) of such Code, as
4
added by the FUTURE Act (Public Law 116-91), is
5
amended by striking ‘‘section 236A(e)(4)’’ and in-
6
serting ‘‘section 263A(e)(4)’’.
7
(b) EFFECTIVE DATE.—The amendments made by
8 this section shall apply as if included in the enactment
9 of the FUTURE Act (Public Law 116-91).
TITLE III—LABOR PROVISIONS
10
11
SEC. 4601. LIMITATION ON PAID LEAVE.
12
Section 110(b)(2)(B) of the Family and Medical
13 Leave Act of 1993 (as added by the Emergency Family
14 and Medical Leave Expansion Act) is amended by striking
15 clause (ii) and inserting the following:
16
‘‘(ii) LIMITATION.—An employer shall
17
not be required to pay more than $200 per
18
day and $10,000 in the aggregate for each
19
employee for paid leave under this sec-
20
tion.’’.
21
SEC. 4602. EMERGENCY PAID SICK LEAVE ACT LIMITATION.
22
Section 5102 of the Emergency Paid Sick Leave Act
kjohnson on DSK79L0C42PROD with BILLS
23 (division E of the Families First Coronavirus Response
24 Act) is amended by adding at the end the following:
25
‘‘(f) LIMITATIONS.—
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
241
1
‘‘(1) IN
2
GENERAL.—An
employer shall not be
required to pay more than either—
3
‘‘(A) $511 per day and $5,110 in the ag-
4
gregate for each employee, when the employee
5
is taking leave for a reason described in para-
6
graph (1), (2), or (3) of section 5102(a); or
7
‘‘(B) $200 per day and $2,000 in the ag-
8
gregate for each employee, when the employee
9
is taking leave for a reason described in para-
10
graph (4), (5), or (6) of section 5102(a).
11
‘‘(2) EXPIRATION
OF REQUIREMENT.—
An em-
12
ployer’s requirement to provide paid leave with re-
13
spect to a specific employee shall expire at the ear-
14
lier of—
15
‘‘(A) the time when the employer has paid
16
that employee for paid leave under this section
17
for an equivalent of 80 hours of work; or
18
‘‘(B) upon the employee’s return to work
19
20
after taking paid leave under this section.’’.
SEC. 4603. REGULATORY AUTHORITIES UNDER THE EMER-
21
22
GENCY PAID SICK LEAVE ACT.
Section 5111(2) of the Emergency Paid Sick Leave
kjohnson on DSK79L0C42PROD with BILLS
23 Act (division E of the Families First Coronavirus Re24 sponse Act) is amended by striking ‘‘section 5102(a)(5)’’
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00241
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
242
1 and inserting ‘‘paragraphs (4) and (5) of section
2 5102(a)(5)’’.
3
SEC. 4604. UNEMPLOYMENT INSURANCE.
4
Section 903(h)(2)(B) of the Social Security Act (42
5 U.S.C. 1103(h)(2)(B)), as added by section 4102 of the
6 Emergency Unemployment Insurance Stabilization and
7 Access Act of 2020, is amended to read as follows:
8
‘‘(B) The State ensures that applications
9
for unemployment compensation, and assistance
10
with the application process, are accessible in
11
person, by phone, or online.’’.
12
SEC. 4605. OMB WAIVER OF PAID FAMILY AND PAID SICK
13
14
LEAVE.
(a) FAMILY
AND
MEDICAL LEAVE ACT
OF
1993.—
15 Section 110(a) of title I of the Family and Medical Leave
16 Act of 1993 (29 U.S.C. 2611 et seq.) (as added by division
17 C of the Families First Coronavirus Response Act) is
18 amended by adding at the end the following new para-
kjohnson on DSK79L0C42PROD with BILLS
19 graph:
20
‘‘(4) The Director of the Office of Management
21
and Budget shall have the authority to exclude for
22
good cause from the requirements under subsection
23
(b) certain employers of the United States Govern-
24
ment with respect to certain categories of Executive
25
Branch employees.’’.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
243
1
(b) EMERGENCY PAID SICK LEAVE ACT.—The
2 Emergency Paid Sick Leave Act (division E of the Fami3 lies First Coronavirus Response Act) is amended by add4 ing at the end the following new section:
5
‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES.
6
‘‘The Director of the Office of Management and
7 Budget shall have the authority to exclude for good cause
8 from the definition of employee under section 5110(1) cer9 tain employees described in subparagraphs (E) and (F)
10 of such section, including by exempting certain United
11 States
Government
employers
covered
by
section
12 5110(2)(A)(i)(V) from the requirements of this title with
13 respect to certain categories of Executive Branch employ14 ees.’’.
15
SEC. 4606. PAID LEAVE FOR REHIRED EMPLOYEES.
16
Section 110(a)(1)(A) of the Family and Medical
17 Leave Act of 1993, as added by section 3102 of the Emer18 gency Family and Medical Leave Expansion Act, is
kjohnson on DSK79L0C42PROD with BILLS
19 amended to read as follows:
20
‘‘(A) ELIGIBLE
21
‘‘(i) IN
EMPLOYEE.—
GENERAL.—In
lieu of the defi-
22
nition
23
101(2)(B)(ii), the term ‘eligible employee’
24
means an employee who has been employed
25
for at least 30 calendar days by the em-
in
sections
101(2)(A)
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00243
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
and
244
1
ployer with respect to whom leave is re-
2
quested under section 102(a)(1)(F).
3
‘‘(ii) RULE
REGARDING REHIRED EM-
4
PLOYEES.—For
purposes of clause (i), the
5
term ‘employed for at least 30 calendar
6
days’, used with respect to an employee
7
and an employer described in clause (i), in-
8
cludes an employee who was laid off by
9
that employer not earlier than March 1,
10
2020, had worked for the employer for not
11
less than 30 of the last 60 calendar days
12
prior to the employee’s layoff, and was re-
13
hired by the employer.’’.
14
SEC. 4607. ADVANCE REFUNDING OF CREDITS.
15
(a) PAYROLL CREDIT
FOR
REQUIRED PAID SICK
16 LEAVE.—Section 7001 of division G of the Families First
17 Coronavirus Response Act is amended by inserting after
18 subsection (g) the following new subsection:
19
‘‘(h) TREATMENT
OF
DEPOSITS.—The Secretary of
20 the Treasury (or the Secretary’s delegate) shall waive any
21 penalty under section 6656 of the Internal Revenue Code
22 of 1986 for any failure to make a deposit of the tax im-
kjohnson on DSK79L0C42PROD with BILLS
23 posed by section 3111(a) or 3221(a) of such Code if the
24 Secretary determines that such failure was due to the an25 ticipation of the credit allowed under this section.’’.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00244
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
245
1
2
(b) CREDIT
EMPLOYED
FOR
SICK LEAVE
FOR
CERTAIN SELF-
INDIVIDUALS.—Section 7002 of division G of
3 the Families First Coronavirus Response Act is amended
4 by inserting after subsection (g) the following new sub5 section:
6
‘‘(h) ADVANCING CREDIT.—The Secretary of the
7 Treasury (or the Secretary’s delegate) shall issue such
8 forms and instructions as are necessary—
9
‘‘(1) to allow the advance payment of the credit
10
under subsection (a), subject to the limitations pro-
11
vided in this section, based on such information as
12
the Secretary shall require, and
13
‘‘(2) to provide for the reconciliation of such
14
advance payment with the amount advanced at the
15
time of filing the return of tax for the taxable
16
year.’’.
17
(c) PAYROLL CREDIT
FOR
REQUIRED PAID FAMILY
18 LEAVE.—Section 7003 of division G of the Families First
19 Coronavirus Response Act is amended by inserting after
20 subsection (g) the following new subsection:
21
‘‘(h) TREATMENT
OF
DEPOSITS.—The Secretary of
22 the Treasury (or the Secretary’s delegate) shall waive any
kjohnson on DSK79L0C42PROD with BILLS
23 penalty under section 6656 of the Internal Revenue Code
24 of 1986 for any failure to make a deposit of the tax im25 posed by section 3111(a) or 3221(a) of such Code if the
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00245
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
246
1 Secretary determines that such failure was due to the an2 ticipation of the credit allowed under this section.’’.
3
4
(d) CREDIT FOR FAMILY LEAVE FOR CERTAIN SELFEMPLOYED
INDIVIDUALS.—Section 7004 of division G of
5 the Families First Coronavirus Response Act is amended
6 by inserting after subsection (e) the following new sub7 section:
8
‘‘(f) ADVANCING CREDIT.—The Secretary of the
9 Treasury (or the Secretary’s delegate) shall issue such
kjohnson on DSK79L0C42PROD with BILLS
10 forms and instructions as are necessary—
11
‘‘(1) to allow the advance payment of the credit
12
under subsection (a), subject to the limitations pro-
13
vided in this section, based on such information as
14
the Secretary shall require, and
15
‘‘(2) to provide for the reconciliation of such
16
advance payment with the amount advanced at the
17
time of filing the return of tax for the taxable
18
year.’’.
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00246
Fmt 6652
Sfmt 6201
E:\BILLS\S3548.IS
S3548
247
4
DIVISION E—TEMPORARY PERMIT USE TO GUARANTEE
MONEY
MARKET
MUTUAL
FUNDS
5
SEC. 5001. NON-APPLICABILITY OF RESTRICTIONS ON ESF
6
DURING NATIONAL EMERGENCY.
1
2
3
7
Section 131 of the Emergency Economic Stabilization
8 Act of 2008 (12 U.S.C. 5236) shall not apply during the
9 national emergency concerning the novel coronavirus dis10 ease (COVID–19) outbreak declared by the President
11 under the National Emergencies Act (50 U.S.C. 1601 et
12 seq.).
DIVISION F—BUDGETARY
PROVISIONS
13
14
15
SEC. 6001. EMERGENCY DESIGNATION.
16
(a) IN GENERAL.—The amounts provided under this
17 Act are designated as an emergency requirement pursuant
18 to section 4(g) of the Statutory Pay-As-You-Go Act of
19 2010 (2 U.S.C. 933(g)).
20
(b) DESIGNATION
IN
SENATE.—In the Senate, this
21 Act is designated as an emergency requirement pursuant
22 to section 4112(a) of H. Con. Res. 71 (115th Congress),
kjohnson on DSK79L0C42PROD with BILLS
23 the concurrent resolution on the budget for fiscal year
24 2018.
Æ
•S 3548 IS
VerDate Sep 11 2014
22:59 Mar 19, 2020
Jkt 099200
PO 00000
Frm 00247
Fmt 6652
Sfmt 6301
E:\BILLS\S3548.IS
S3548
| File Type | application/pdf |
| File Modified | 2020-03-20 |
| File Created | 2020-03-20 |