HEN20255 S.L.C. 116TH CONGRESS 2D SESSION S. ll 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 llllllllll 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 llllllllll 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 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Coronavirus Aid, Re- 5 lief, and Economic Security Act’’ or the ‘‘CARES Act’’. 6 7 SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. 5XT 2N J6H HEN20255 S.L.C. 2 DIVISION A—SMALL BUSINESS INTERRUPTION LOANS 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 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. 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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. 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. 5XT 2N J6H HEN20255 S.L.C. 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. 1 2 3 4 DIVISION A—SMALL BUSINESS INTERRUPTION LOANS SEC. 1101. DEFINITIONS. 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 12 Business Act (15 U.S.C. 632). SEC. 1102. 7(a) LOAN PROGRAM. (a) DEFINITION OF COVERED PERIOD.—In this sec- 13 tion, the term ‘‘covered period’’ means the period begin14 ning on March 1, 2020 and ending on December 31, 2020. 5XT 2N J6H HEN20255 S.L.C. 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— 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 5XT 2N J6H HEN20255 S.L.C. 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 10 11 12 (B) 4; or (2) $10,000,000. (d) ALLOWABLE USES OF PROGRAM LOANS.— (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; 5XT 2N J6H HEN20255 S.L.C. 8 1 2 (D) rent (including rent under a lease 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 AUTHORITY.— 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 (ii) had employees for whom the bor- 24 rower paid salaries and payroll taxes. 5XT 2N J6H HEN20255 S.L.C. 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.— 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- 5XT 2N J6H HEN20255 S.L.C. 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 REPEAL.—Effective on Janu- 6 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 10 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 20 (g) DEFERMENT OF 7(A) LOANS.— (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 5XT 2N J6H HEN20255 S.L.C. 11 1 under section 7(a) of the Small Business 2 Act (15 U.S.C. 636(a)). 3 (B) IMPACTED 4 (i) IN BORROWER.— 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 (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 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 LOANS under the heading ‘‘SMALL GENERAL.—Section 7(a)(31)(D) of the 9 Small Business Act (15 U.S.C. 636(a)(31)(D)) is 10 amended by striking ‘‘$350,000’’ and inserting 11 ‘‘$1,000,000’’. 12 (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 23 (A) a small business development center; and 24 (B) a women’s business center; 5XT 2N J6H HEN20255 S.L.C. 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 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, 24 GRANTS.— 5XT 2N J6H TRAINING, AND ADVISING HEN20255 S.L.C. 15 1 (1) IN GENERAL.—The 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 (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; 5XT 2N J6H HEN20255 S.L.C. 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 DETERMINATION.— (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 Administration shall award 80 per- association (B) WOMEN’S formed under section 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 5XT 2N J6H HEN20255 S.L.C. 17 1 pursuant to a process established by the Ad- 2 ministration in consultation with recipients of 3 assistance. 4 (C) NO MATCHING FUNDS REQUIRED.— 5 Matching funds shall not be required for any 6 grant under this subsection. 7 (4) GOALS 8 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 5XT 2N J6H HEN20255 S.L.C. 18 1 (iii) encourage resource partners to 2 develop and provide services to covered 3 small business concerns. 4 (B) PUBLIC AVAILABILITY.—The Adminis- 5 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). 9 10 (c) RESOURCE PARTNER ASSOCIATION GRANTS.— (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 5XT 2N J6H HEN20255 S.L.C. 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 15 (B) the initial efforts to provide those services 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 23 (A) with respect to the grant program under subsection (b)— 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 16 SEC. 1105. LOAN FORGIVENESS. (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 5XT 2N J6H HEN20255 S.L.C. 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 16 (c) TREATMENT OF AMOUNTS FORGIVEN.— (1) IN GENERAL.—Amounts 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 (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- 5XT 2N J6H purposes of the redemption of a HEN20255 S.L.C. 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 GENERAL.—The 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 (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 5XT 2N J6H HEN20255 S.L.C. 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. 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— 5XT 2N J6H amount of loan forgiveness under this HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 23 shall not otherwise modify the terms and conditions of the 24 covered 7(a) loan. 5XT 2N J6H HEN20255 S.L.C. 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 5 SEC. 1106. DIRECT APPROPRIATIONS. (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— 10 (1) $299,400,000,000 under the heading 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.); 5XT 2N J6H HEN20255 S.L.C. 28 1 (4) $265,000,000 under the heading ‘‘Small 2 Business Administration—Entrepreneurial Develop- 3 ment Programs’’, of which— 4 5 (A) $240,000,000 shall be for carrying section 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 20 SEC. 1107. MINORITY BUSINESS DEVELOPMENT AGENCY. (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- 5XT 2N J6H HEN20255 S.L.C. 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 23 GRANTS.— 24 25 (1) IN GENERAL.—The Agency may provide fi- nancial assistance in the form of grants to minority 5XT 2N J6H HEN20255 S.L.C. 30 1 business centers to provide education, training, and 2 advising to covered small business concerns. 3 (2) USE OF FUNDS.—Grants 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 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; 5XT 2N J6H HEN20255 S.L.C. 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 MATCHING FUNDS REQUIRED.—Match- 12 ing funds shall not be required for any grant under 13 this section. 14 (4) GOALS 15 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 5XT 2N J6H HEN20255 S.L.C. 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 21 SEC. 1108. WAIVER OF PREPAYMENT PENALTY. Notwithstanding any other provision of law, for a 22 loan made under the authority under this division or an 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. 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 18 Coronavirus Disease 2019 (COVID–19) expires. 5XT 2N J6H HEN20255 S.L.C. 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 12 ‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDIVIDUALS. ‘‘(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 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 5XT 2N J6H HEN20255 S.L.C. 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 per23 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). 5XT 2N J6H HEN20255 S.L.C. 37 1 ‘‘(e) DEFINITIONS.—For purposes of this section— 2 ‘‘(1) QUALIFYING 3 fying income’ means— INCOME.—The 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 term ‘net income tax liability’ means the excess of— 12 ‘‘(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 20 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 5XT 2N J6H HEN20255 S.L.C. 38 1 in the calendar year in which the individual’s 2 taxable year begins, and 3 4 ‘‘(C) an estate or trust. ‘‘(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 GENERAL.—The 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 ‘‘(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- 5XT 2N J6H HEN20255 S.L.C. 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 GENERAL.—Subject 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 pur- 12 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. 17 ‘‘(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. 5XT 2N J6H HEN20255 S.L.C. 40 1 ‘‘(5) ALTERNATE TAXABLE YEAR.—In the case 2 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.— 8 ‘‘(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 13 ‘‘(A) such individual’s valid identification 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)). 5XT 2N J6H HEN20255 S.L.C. 41 1 ‘‘(B) ADOPTION TAXPAYER IDENTIFICA- 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 11 (b) ADMINISTRATIVE AMENDMENTS.— (1) DEFINITION 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 6213(g)(2)(L) of such Code is TO POSSESSIONS.— (A) MIRROR CODE POSSESSION.—The Sec- 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- 5XT 2N J6H HEN20255 S.L.C. 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. 5 (B) OTHER POSSESSIONS.—The Secretary 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— 5XT 2N J6H cred- HEN20255 S.L.C. 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) AND SPECIAL RULES.— POSSESSION OF THE UNITED 8 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. 13 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 5XT 2N J6H HEN20255 S.L.C. 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 11 (1) section 3716 or 3720A of title 31, United States Code, or (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 GENERAL.—Immediately 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 (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. 5XT 2N J6H HEN20255 S.L.C. 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 Services’’, 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- 5XT 2N J6H HEN20255 S.L.C. 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 GENERAL.—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 (B) by substituting ‘‘the seventh month’’ 20 for ‘‘the fourth month’’. 21 (2) EFFECTIVE DATE.—Paragraph (1) shall 22 apply to all returns required to be filed for taxable 23 year 2019. 24 (b) ESTIMATED TAX PAYMENTS 25 UALS.— 5XT 2N J6H FOR INDIVID- HEN20255 S.L.C. 47 1 (1) IN GENERAL.—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 18 19 20 FUNDS. (a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.— (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- 5XT 2N J6H HEN20255 S.L.C. 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 OF PLAN DISTRIBU- 5 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. 17 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 25 (A) IN DISTRIBUTED MAY BE REPAID.— GENERAL.—Any individual who re- ceives a coronavirus-related distribution may, at 5XT 2N J6H HEN20255 S.L.C. 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 5XT 2N J6H FROM ELIGIBLE RETIREMENT purposes of HEN20255 S.L.C. 50 1 plan in a direct trustee to trustee transfer with- 2 in 60 days of the distribution. 3 (C) TREATMENT OF REPAYMENTS OF DIS- 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 (A) CORONAVIRUS-RELATED DISTRIBU- 20 TION.—Except 21 the 22 means any distribution from an eligible retire- 23 ment plan made— 5XT 2N J6H term as provided in paragraph (2), ‘‘coronavirus-related distribution’’ HEN20255 S.L.C. 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— 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 with 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 5XT 2N J6H HEN20255 S.L.C. 52 1 Secretary of the Treasury (or the Sec- 2 retary’s delegate). 3 (B) ELIGIBLE RETIREMENT PLAN.—The 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 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- 5XT 2N J6H RULES.—For purposes of sections HEN20255 S.L.C. 53 1 tributions shall not be treated as eligible roll- 2 over distributions. 3 (B) CORONAVIRUS-RELATED DISTRIBU- 4 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) 10 11 12 purposes of the In- of such Code. (b) LOANS FROM QUALIFIED PLANS.— (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 5XT 2N J6H HEN20255 S.L.C. 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 5XT 2N J6H HEN20255 S.L.C. 55 1 described in subparagraph (A) of this para- 2 graph shall be disregarded. 3 (3) QUALIFIED INDIVIDUAL.—For 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 9 TO PLAN AMEND- MENTS.— (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 (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 5XT 2N J6H HEN20255 S.L.C. 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 12 (B) CONDITIONS.—This subsection shall not apply to any amendment unless— 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), 5XT 2N J6H HEN20255 S.L.C. 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)— 22 ‘‘(1) ELIGIBLE TAXPAYER.—The term ‘eligible 23 taxpayer’ means any individual who does not elect to 24 itemize deductions. 5XT 2N J6H HEN20255 S.L.C. 58 1 ‘‘(2) 2 TIONS.—The 3 means a charitable contribution (as defined in sec- 4 tion 170(c))— QUALIFIED CHARITABLE 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 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.’’. 5XT 2N J6H HEN20255 S.L.C. 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 GENERAL.—Except 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 16 (A) INDIVIDUALS.—In the case of an individual— 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. 5XT 2N J6H HEN20255 S.L.C. 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- 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 5XT 2N J6H HEN20255 S.L.C. 61 1 under section 170(d)(2) subject to the limi- 2 tations thereof. 3 (3) QUALIFIED 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). 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 GENERAL.—Notwithstanding any other 5 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. 9 (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. 5XT 2N J6H HEN20255 S.L.C. 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 15 16 (B) December 31, 2022, with respect to 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 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 5XT 2N J6H HEN20255 S.L.C. 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 12 13 14 SEC. 2203. MODIFICATIONS FOR NET OPERATING LOSSES. (a) TEMPORARY REPEAL OF TAXABLE INCOME LIMITATION.— (1) IN GENERAL.—The 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 ‘‘(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 5XT 2N J6H HEN20255 S.L.C. 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 16 amount determined under subparagraph (A).’’. (2) CONFORMING 17 18 the AMENDMENTS.— (A) Section 172(b)(2)(C) of such Code is 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)’’. 5XT 2N J6H HEN20255 S.L.C. 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 OF RULES ‘‘subsection RELATING TO 7 CARRYBACKS.— 8 9 10 (1) IN GENERAL.—Section 172(b)(1) of the In- 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 ‘‘(II) subparagraphs 22 (C)(i) shall not apply. 23 ‘‘(ii) SPECIAL 24 (B) RULES FOR REIT’S.— For purposes of this subparagraph— 5XT 2N J6H and HEN20255 S.L.C. 69 1 ‘‘(I) IN GENERAL.—A net oper- 2 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. 6 ‘‘(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 5XT 2N J6H HEN20255 S.L.C. 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.— 21 (1) Section 13302(e) of Public Law 115–97 is 22 amended to read as follows: 23 ‘‘(e) EFFECTIVE DATES.— 5XT 2N J6H HEN20255 S.L.C. 71 1 ‘‘(1) NET OPERATING LOSS LIMITATION.—The 2 amendments made by subsections (a) and (d)(2) 3 shall apply to— 4 5 ‘‘(A) taxable years beginning after December 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 ‘‘(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- 5XT 2N J6H HEN20255 S.L.C. 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 10 11 (d) EFFECTIVE DATES.— (1) NET amendments made by subsection (a) shall apply— 12 13 OPERATING LOSS LIMITATION.—The (A) to taxable years beginning after December 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 (3) TECHNICAL AMENDMENTS.—The amend- 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. 5XT 2N J6H HEN20255 S.L.C. 73 1 (4) SPECIAL RULE.—In 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 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. 5XT 2N J6H HEN20255 S.L.C. 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 TO SEC- 11012 OF PUBLIC LAW 115–97.— 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’’. 15 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 22 (B) by adding at the end the following 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.’’. 5XT 2N J6H HEN20255 S.L.C. 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 6 ‘‘(B) TREATMENT OF CAPITAL GAINS AND 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 22 come.’’. (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by 23 subsection (a) shall apply to taxable years beginning 24 after December 31, 2017. 5XT 2N J6H HEN20255 S.L.C. 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 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: 5XT 2N J6H HEN20255 S.L.C. 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 8 ‘‘(B) ELECTION 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 23 this section shall apply to taxable years beginning after 24 December 31, 2018. 5XT 2N J6H HEN20255 S.L.C. 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 19 (A) by striking the item relating to subparagraph (D)(v), and 20 21 (B) by inserting after the item relating to subparagraph (E)(vi) the following new item: ‘‘(E)(vii) ....................................................................................... 22 20’’. (b) EFFECTIVE DATE.—The amendments made by 23 this section shall take effect as if included in section 24 13204 of Public Law 115–97. 5XT 2N J6H HEN20255 S.L.C. 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 NOT TO PREVENT CREDIT 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 13 ‘‘(A) no installment of such net tax liability 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.’’. 5XT 2N J6H HEN20255 S.L.C. 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 23 Revenue Code of 1986 is amended— 24 25 (1) by inserting after paragraph (3) the following: 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 re18 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, 5XT 2N J6H HEN20255 S.L.C. 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 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.’’. 5XT 2N J6H HEN20255 S.L.C. 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, 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- 5XT 2N J6H HEN20255 S.L.C. 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 10 11 12 (1) Not more than $50,000,000,000 shall be available for passenger air carriers. (2) Not more than $8,000,000,000 shall be available for cargo air carriers. (3) Not more than $150,000,000,000 shall be 13 available for other eligible businesses. 14 (c) LOANS AND LOAN GUARANTEES.— 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 25 (B) the intended obligation by the obligor is prudently incurred; and 5XT 2N J6H HEN20255 S.L.C. 86 1 2 (C) the loan is sufficiently secured. (2) TERMS 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.— 5XT 2N J6H HEN20255 S.L.C. 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 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. 5XT 2N J6H HEN20255 S.L.C. 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 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- 5XT 2N J6H HEN20255 S.L.C. 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 22 SEC. 3104. CONTINUATION OF CERTAIN AIR SERVICE. The Secretary of Transportation is authorized to re- 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 5XT 2N J6H HEN20255 S.L.C. 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 8 SEC. 3105. REPORTS. (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. 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- 5XT 2N J6H HEN20255 S.L.C. 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 6 PORTATION. In implementing this title with respect to air carriers, 7 the Secretary shall coordinate with the Secretary of 8 Transportation. 9 10 11 SEC. 3107. DEFINITIONS. In this title: (1) AIR CARRIER.—The 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 (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 5XT 2N J6H HEN20255 S.L.C. 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 law. 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) 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- 5XT 2N J6H HEN20255 S.L.C. 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 10 (A) section 4041(c) of the Internal Revenue 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 17 (A) by treating such use as a nontaxable use, and 18 19 20 (B) without regard to paragraph (4)(A)(ii) 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 23 section and ending before January 1, 2021. 5XT 2N J6H HEN20255 S.L.C. 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 21 ‘Homeland Security Secretary’), shall maintain’’. 5XT 2N J6H HEN20255 S.L.C. 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- 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 manu5XT 2N J6H HEN20255 S.L.C. 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 7 (C) any existing supply chain information gaps, as applicable; and 8 9 (D) potential economic impact of increased 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 19 (1), and to address any supply (A) promote supply chain redundancy and contingency planning; 20 (B) encourage domestic manufacturing, in- 21 cluding consideration of economic impacts, if 22 any; 23 24 (C) improve supply chain information gaps; 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 23 24 25 (1) in subparagraph (B), by striking ‘‘or’’ at the end; (2) in subparagraph (C), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: 5XT 2N J6H HEN20255 S.L.C. 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 20 21 (2) in paragraph (1), by inserting ‘‘prioritize and’’ before ‘‘expedite the review’’; and (3) in paragraph (2), by inserting ‘‘prioritize and’’ before ‘‘expedite an inspection’’. 5XT 2N J6H HEN20255 S.L.C. 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 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 manufac5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 17 18 19 20 (1) by redesignating paragraphs (1) and (2) and subparagraphs (A) and (B); (2) by striking ‘‘(b) Upon completion’’ and inserting ‘‘(b)(1) Upon completion’’; and (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 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 5XT 2N J6H HEN20255 S.L.C. 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, communica23 tion, and decision making in assessing drug shortage risks, 24 and taking corrective action. 25 (b) CONTENT.—The report shall include— 5XT 2N J6H HEN20255 S.L.C. 104 1 (1) consideration of— 2 3 (A) risks associated with violations of current 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 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 5XT 2N J6H HEN20255 S.L.C. 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 5 SEC. 4124. REPORT. 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 rec13 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. 5XT 2N J6H HEN20255 S.L.C. 106 1 2 SEC. 4125. SAFE HARBOR PROVISION. (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 6 ‘‘SEC. 502A. SAFE HARBOR PROVISION. ‘‘(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.— 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— 5XT 2N J6H HEN20255 S.L.C. 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 17 ‘‘(B) a statement identifying contradictory evidence; and 18 19 20 21 ‘‘(C) such other information as may be required by regulation. ‘‘(c) COMPETENT DENCE.—In AND RELIABLE SCIENTIFIC EVI- this section, the term ‘competent and reliable 22 scientific evidence’ means evidence established through 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- 5XT 2N J6H HEN20255 S.L.C. 108 1 dence may constitute competent and reliable scientific evi2 dence within the meaning of this section— 3 4 5 ‘‘(1) regardless of whether it is supported by 2 adequate and well-controlled clinical studies; and ‘‘(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 19 ‘‘(C) information related to the emergency 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— 5XT 2N J6H HEN20255 S.L.C. 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 distrib21 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 5XT 2N J6H HEN20255 S.L.C. 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 7 ‘‘(1) to limit communication not specifically 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 22 that— 23 ‘‘(1) is critical to public health during a public 24 health emergency, including devices that are life-sup- 5XT 2N J6H HEN20255 S.L.C. 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 21 ‘‘(1) at least 6 months prior to the date of the discontinuance or interruption; or ‘‘(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- 5XT 2N J6H HEN20255 S.L.C. 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. 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)— 5XT 2N J6H HEN20255 S.L.C. 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, 23 based on notifications described in subsection (a) or any 24 other relevant information, the Secretary concludes that 5XT 2N J6H HEN20255 S.L.C. 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 20 ‘‘(A) The category or name of the device in shortage. 21 22 ‘‘(B) The name of each manufacturer of such device. 23 ‘‘(C) The reason for the shortage, as deter- 24 mined by the Secretary, selecting from the fol- 25 lowing categories: 5XT 2N J6H HEN20255 S.L.C. 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- 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 25 ‘‘(C) PUBLIC in this subsection HEALTH EXCEPTION.—The Secretary may elect not to make information 5XT 2N J6H HEN20255 S.L.C. 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. 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 term 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 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 8 (b) CONTENT.—The report shall include— (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 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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- 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 5XT 2N J6H HEN20255 S.L.C. 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) 23 of title 21, Code of Federal Regulations (or successor reg24 ulations). 5XT 2N J6H HEN20255 S.L.C. 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, begin20 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 5XT 2N J6H HEN20255 S.L.C. 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. 5XT 2N J6H HEN20255 S.L.C. 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 12 for such product. SEC. 4202. PRICING OF DIAGNOSTIC TESTING. (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 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. 5XT 2N J6H HEN20255 S.L.C. 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 quali23 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- 5XT 2N J6H HEN20255 S.L.C. 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 5 (b) DEFINITIONS.—For purposes of this section: (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 this sec- tion, the terms ‘‘group health plan’’, ‘‘health insur- 5XT 2N J6H HEN20255 S.L.C. 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: 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- 5XT 2N J6H HEN20255 S.L.C. 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 the Sec- 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 23 U.S.C. 254c–14) is amended— 24 (1) in subsection (d)— 25 (A) in paragraph (1)— 5XT 2N J6H HEN20255 S.L.C. 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 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- 5XT 2N J6H HEN20255 S.L.C. 130 1 serting ‘‘support initiatives that utilize 2 telehealth technologies’’; and 3 (ii) by striking ‘‘, to establish tele- 4 5 6 7 health resource centers’’; (2) in subsection (e), by striking ‘‘4 years’’ and inserting ‘‘5 years’’; (3) in subsection (f)— 8 (A) by striking paragraph (2); 9 (B) in paragraph (1)(B)— 10 (i) by redesignating clauses (i) 11 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 19 (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- 5XT 2N J6H and all that follows NETWORKS— HEN20255 S.L.C. 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 8 as subsection (h) through (o), respectively; (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 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- 5XT 2N J6H HEN20255 S.L.C. 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 14 (A) in paragraph (2), by striking ‘‘40 percent’’ 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 there23 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 5XT 2N J6H HEN20255 S.L.C. 133 1 the House of Representatives a report on the activities and 2 outcomes of the grant programs under subsection (b).’’; 3 4 (12) by redesignating subsection (s) as subsection (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 18 (A) in subparagraph (A), by striking ‘‘essential’’ and inserting ‘‘basic’’; and 19 (B) in subparagraph (B)— 20 (i) in the matter preceding clause (i), 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)— 5XT 2N J6H HEN20255 S.L.C. 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 23 (iv) in subparagraph (B)— 5XT 2N J6H HEN20255 S.L.C. 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)— 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 5XT 2N J6H HEN20255 S.L.C. 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 PERIODS.—The 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 by inserting after ‘‘participants’’; and 5XT 2N J6H ‘‘that’’ HEN20255 S.L.C. 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)— 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 5XT 2N J6H HEN20255 S.L.C. 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 there23 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 5XT 2N J6H HEN20255 S.L.C. 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 22 (A) in the heading, by striking ‘‘RESEARCH’’ and inserting ‘‘RESERVE CORPS’’; 23 (B) in paragraph (1), by inserting ‘‘during 24 public health or national emergencies’’ before 25 the period; 5XT 2N J6H HEN20255 S.L.C. 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.— 23 Section 211 of the Public Health Service Act (42 U.S.C. 24 212) is amended— 5XT 2N J6H HEN20255 S.L.C. 141 1 2 3 4 5 (1) by striking ‘‘the Service’’ each place it appears and inserting ‘‘the Regular Corps’’; (2) in subsection (a)(4), by striking ‘‘(in the case of an officer in the Reserve Corps)’’; (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 21 22 23 24 (1) in subsection (a), by adding at the end the following: ‘‘(19) Chapter 1223, Retired Pay for Non-Regular Service. ‘‘(20) Section 12601, Compensation: Reserve on active duty accepting from any person. 5XT 2N J6H HEN20255 S.L.C. 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- 23 lic Health Service Act (42 U.S.C. 202 et seq.) is amend24 ed— 5XT 2N J6H HEN20255 S.L.C. 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. 23 247d) on January 31, 2020 with respect to COVID-19, 24 if— 5XT 2N J6H HEN20255 S.L.C. 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 6 (A) in the course of providing health care services; 7 8 (B) in the health care professional’s capacity 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- 5XT 2N J6H HEN20255 S.L.C. 145 1 mined pursuant to applicable State law) of alcohol 2 or an intoxicating drug. 3 (c) PREEMPTION.— 4 (1) IN GENERAL.—This 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 (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 25 (A) the diagnosis, prevention, or treatment of COVID-19; or 5XT 2N J6H HEN20255 S.L.C. 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 23 of the Public Health Service Act (42 U.S.C. 247d) on Jan24 uary 31, 2020 with respect to COVID-19. 5XT 2N J6H HEN20255 S.L.C. 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)) 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 5XT 2N J6H HEN20255 S.L.C. 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 23 end the following: 24 ‘‘(D) To a public health authority, so long 25 as such content meets the standards established 5XT 2N J6H HEN20255 S.L.C. 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 11 regulations. ‘‘(2) BUSINESS ASSOCIATE.—The 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 term 18 ‘health care operations’ has the meaning given such 19 term for purposes of the HIPAA regulations. 20 ‘‘(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. 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 20 ‘‘(i) ANTIDISCRIMINATION.— ‘‘(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— 5XT 2N J6H HEN20255 S.L.C. 153 1 2 ‘‘(A) admission, access to, or treatment for health care; 3 4 ‘‘(B) hiring, firing, or terms of employment, or receipt of worker’s compensation; 5 6 ‘‘(C) the sale, rental, or continued rental of housing; 7 8 ‘‘(D) access to Federal, State, or local 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 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. 5XT 2N J6H HEN20255 S.L.C. 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 8 (i) REGULATIONS.— (1) IN GENERAL.—The 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 (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 5XT 2N J6H later than 1 year after the HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 14 SEC. 4222. NUTRITION SERVICES. (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 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 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 promul23 gated pursuant to section 264(c) of the Health Insurance 24 Portability and Accountability Act of 1996 (42 U.S.C. 5XT 2N J6H HEN20255 S.L.C. 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 9 (A) in paragraph (1), by striking ‘‘, during 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 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 5XT 2N J6H HEN20255 S.L.C. 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; 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; 5XT 2N J6H HEN20255 S.L.C. 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 17 GENERAL.—Recipients of grants’’; and (B) by adding at the end the following: ‘‘(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 (4) in subsection (e)— 24 (A) in paragraph (1), by striking ‘‘appro- 25 priated—’’ and all that follows through the end 5XT 2N J6H HEN20255 S.L.C. 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 23 24 25 (5) by adding at the end the following: ‘‘(f) GAO REPORT.— ‘‘(1) IN GENERAL.—Not later than 4 years after the date of the enactment of this subsection, 5XT 2N J6H HEN20255 S.L.C. 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 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- 5XT 2N J6H HEN20255 S.L.C. 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 23 SEC. 4301. REMOVING THE CAP ON OTA. 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: 5XT 2N J6H HEN20255 S.L.C. 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 13 SEC. 4303. PRIORITY ZOONOTIC ANIMAL DRUGS. 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 17 ‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS. ‘‘(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 evi23 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- 5XT 2N J6H HEN20255 S.L.C. 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 13 ‘‘(c) DESIGNATION.— ‘‘(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. 5XT 2N J6H HEN20255 S.L.C. 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 5XT 2N J6H HEN20255 S.L.C. 169 1 facilitate an efficient review and development 2 program.’’. 3 4 5 Subtitle D—Finance Committee SEC. 4401. EXEMPTION FOR TELEHEALTH SERVICES. (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 9 ‘‘(E) SAFE 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 23 of this Act. 5XT 2N J6H HEN20255 S.L.C. 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 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- 5XT 2N J6H HEN20255 S.L.C. 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 9 (d) EFFECTIVE DATES.— (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 22 ‘‘(D) TREATMENT OF DIRECT PRIMARY CARE SERVICE ARRANGEMENTS.— 23 ‘‘(i) IN 24 GENERAL.—A direct primary care service arrangement shall not be 5XT 2N J6H HEN20255 S.L.C. 172 1 treated as a health plan for purposes of 2 subparagraph (A)(ii). 3 ‘‘(ii) DIRECT 4 ARRANGEMENT.—For 5 paragraph— 6 ‘‘(I) IN PRIMARY CARE SERVICE purposes GENERAL.—The of 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 5XT 2N J6H HEN20255 S.L.C. 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 SPECIFI- SERVICES 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 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) 5XT 2N J6H HEN20255 S.L.C. 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 para23 graph (17) the following new paragraph: 24 25 ‘‘(18) in the case of a direct primary care service 5XT 2N J6H arrangement (as defined in section HEN20255 S.L.C. 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 9 BILITIES DURING EMERGENCY PERIOD. 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 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’’; 5XT 2N J6H HEN20255 S.L.C. 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 13 paragraph: ‘‘(8) ENHANCING TELEHEALTH SERVICES FOR 14 FEDERALLY 15 RURAL HEALTH CLINICS DURING EMERGENCY PE- 16 RIOD.— 17 18 QUALIFIED ‘‘(A) IN HEALTH CENTERS GENERAL.—During AND 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 5XT 2N J6H HEN20255 S.L.C. 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. 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 179 1 2 (3) by adding at the end the following new clause: 3 ‘‘(iii) The Secretary may waive the 4 provisions of clause (ii) during the emer- 5 gency 6 1135(g)(1)(B).’’. 7 described in section SEC. 4407. IMPROVING CARE PLANNING FOR MEDICARE 8 9 period 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 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 5XT 2N J6H HEN20255 S.L.C. 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 23 (A) by striking ‘‘physician certification’’ and inserting ‘‘certification’’; 24 (B) by inserting ‘‘(or in the case of regula- 25 tions to implement the amendments made by 5XT 2N J6H HEN20255 S.L.C. 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 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— 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 14 (A) by striking ‘‘physician certification’’ 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’’; 5XT 2N J6H HEN20255 S.L.C. 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 16 (c) DEFINITION PROVISIONS.— (1) HOME HEALTH SERVICES.—Section 17 1861(m) of the Social Security Act (42 U.S.C. 18 1395x(m)) is amended— 19 20 (A) in the matter preceding paragraph (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- 5XT 2N J6H HEN20255 S.L.C. 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’’. 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 subsection 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 5XT 2N J6H HEN20255 S.L.C. 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 10 (A) by striking ‘‘(provided under section 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)— assistant (as defined in section 17 (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 21 those terms are defined in section (B) in paragraph (2)— 22 (i) in the heading, by striking ‘‘PHY- 23 SICIAN 24 ‘‘RULE 25 QUIREMENT FOR CERTIFICATION’’; 5XT 2N J6H CERTIFICATION’’ and inserting OF CONSTRUCTION REGARDING RE- and HEN20255 S.L.C. 187 1 2 (ii) by striking ‘‘physician’’. (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 15 16 SEC. 4408. ADJUSTMENT OF SEQUESTRATION. (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 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— 5XT 2N J6H HEN20255 S.L.C. 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).’’. 23 (b) IMPLEMENTATION.—Notwithstanding any other 24 provision of law, the Secretary may implement the amend- 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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. 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: 5XT 2N J6H HEN20255 S.L.C. 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: 23 ‘‘(m) TECHNOLOGY-ENABLED COLLABORATIVE 24 LEARNING AND CAPACITY BUILDING MODELS.— 5XT 2N J6H HEN20255 S.L.C. 192 1 ‘‘(1) IN GENERAL.—A 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 to 10 ‘‘(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). 21 ‘‘(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 5XT 2N J6H HEN20255 S.L.C. 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 OF TIME LIMITS.—Sub- 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 term 18 ‘emergency period’ has the meaning given that 19 term in section 1135(g)(1). 20 ‘‘(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- 5XT 2N J6H LEARNING AND CAPACITY BUILDING term ‘ technology-enabled col- HEN20255 S.L.C. 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 7 (a) ADDITIONAL PAYMENT MICROBIAL 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 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 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 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). 5XT 2N J6H HEN20255 S.L.C. 197 1 ‘‘(iii) The mechanism established pursuant to clause 2 (i) shall provide that the additional payment under clause 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— 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 23 (i) shall provide that— 24 ‘‘(I) except as provided in subclause (II), no ad- 25 ditional payment shall be made under this subpara- 5XT 2N J6H HEN20255 S.L.C. 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.’’. 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’’. 5XT 2N J6H HEN20255 S.L.C. 201 1 2 (b) STUDY TO THE AND REPORTS DEVELOPMENT OF ON REMOVING BARRIERS DISARM ANTIMICROBIAL 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 section 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- 5XT 2N J6H HEN20255 S.L.C. 202 1 tive action as the Comptroller General determines 2 appropriate. 3 4 5 SEC. 4414. NOVEL MEDICAL PRODUCTS. (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.— 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, 5XT 2N J6H HEN20255 S.L.C. 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)). 7 ‘‘(III) DEADLINE FOR DETER- 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- 5XT 2N J6H HCPCS code as- HEN20255 S.L.C. 204 1 ical product as described in clause 2 (vi). 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 5XT 2N J6H Act (21 U.S.C. HEN20255 S.L.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 SECRETS AND CON- FIDENTIAL INFORMATION.—No infor- 10 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— 22 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 5XT 2N J6H HEN20255 S.L.C. 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 DEFINED.—For 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 (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: 5XT 2N J6H HEN20255 S.L.C. 207 1 2 ‘‘(7) COVERAGE PATHWAY FOR NOVEL MEDICAL 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 DEVELOPMENT.—Such ‘‘(C) MODERNIZING PAYMENT coverage OPTIONS 24 FOR NOVEL MEDICAL PRODUCTS.—Not 25 than 4 years after issuing such national cov- 5XT 2N J6H later HEN20255 S.L.C. 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. 13 ‘‘(D) NOVEL MEDICAL PRODUCTS DE- 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.’’. 5XT 2N J6H HEN20255 S.L.C. 209 1 2 3 (c) ENHANCING COORDINATION WITH AND THE FOOD DRUG ADMINISTRATION.— (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 17 (as defined in section (B) ATTENDEES.—The public meeting 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; 5XT 2N J6H HEN20255 S.L.C. 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- 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 5XT 2N J6H HEN20255 S.L.C. 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 5XT 2N J6H information discussed as a HEN20255 S.L.C. 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 TRANSPARENCY OF CRITERIA FOR MEDICARE COVERAGE.— 7 (A) UPDATING GUIDANCE.—Not later than 8 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. 21 (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. 5XT 2N J6H HEN20255 S.L.C. 213 1 (d) REPORT ON CODING, COVERAGE, 2 PROCESSES UNDER MEDICARE FOR AND PAYMENT NEW MEDICAL 3 PRODUCTS.— 4 (1) IN GENERAL.—Not 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 (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; 5XT 2N J6H HEN20255 S.L.C. 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. 18 (2) MEDICAL PRODUCTS DESCRIBED.—For pur- 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 5XT 2N J6H HEN20255 S.L.C. 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)). 4 5 6 7 TITLE II—EDUCATION PROVISIONS SEC. 4501. SHORT TITLE. This title may be cited as the ‘‘COVID-19 Pandemic 8 Education Relief Act of 2020’’. 9 10 11 12 SEC. 4502. DEFINITIONS. (a) DEFINITIONS.—In this title: (1) QUALIFYING EMERGENCY.—The term ‘‘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.). 5XT 2N J6H HEN20255 S.L.C. 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 6 7 8 9 (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. SEC. 4503. CAMPUS-BASED AID WAIVERS. (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 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- 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 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: 5XT 2N J6H HEN20255 S.L.C. 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 23 of the Higher Education Act of 1965 (20 U.S.C. 1087– 24 51 et seq.) who— 5XT 2N J6H HEN20255 S.L.C. 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 6 (2) earned Federal work-study wages from such 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 12 ITS. 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- 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 5XT 2N J6H HEN20255 S.L.C. 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 re23 turns are based on withdrawals by students who withdrew 24 from the institution as a result of a qualifying emergency. 5XT 2N J6H HEN20255 S.L.C. 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 19 SEC. 4509. SATISFACTORY PROGRESS. 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. 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- 5XT 2N J6H HEN20255 S.L.C. 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 pay23 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 5XT 2N J6H HEN20255 S.L.C. 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 12 (d) WRITTEN ARRANGEMENTS.— (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. 5XT 2N J6H HEN20255 S.L.C. 225 1 (2) FORM 2 OF ARRANGEMENTS.— (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 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 later 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- 5XT 2N J6H HEN20255 S.L.C. 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 19 (b) APPLICABLE PROVISIONS OF LAW.— (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 5XT 2N J6H HEN20255 S.L.C. 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 9 (C) The Higher Education Act of 1965 (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.— 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. 5XT 2N J6H HEN20255 S.L.C. 228 1 2 (2) REQUESTS request for a waiver under this subsection shall— 3 4 SUBMITTED.—A (A) identify the Federal programs affected 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 (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. 5XT 2N J6H HEN20255 S.L.C. 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- 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 5XT 2N J6H HEN20255 S.L.C. 230 1 the waiving of such requirements is necessary 2 and appropriate consistent with subsection (a). 3 4 (d) REPORTING AND PUBLICATION.— (1) NOTIFYING CONGRESS.—Not 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 (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 5XT 2N J6H HEN20255 S.L.C. 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 GENERAL.—Notwithstanding any provi- 17 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.). 23 24 (2) TERMS.—During the deferment period granted under this subsection— 5XT 2N J6H HEN20255 S.L.C. 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.— 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. 5XT 2N J6H HEN20255 S.L.C. 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 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- 5XT 2N J6H HEN20255 S.L.C. 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 10 11 FOR NATIONAL AND COMMUNITY SERVICE. (a) ACCRUAL OF SERVICE HOURS.— (1) ACCRUAL THROUGH OTHER SERVICE HOURS.— 12 (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 5XT 2N J6H HEN20255 S.L.C. 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 7 or placed on hold due to COVID-19. (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 17 (A) deem such individual as having met 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 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- 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 7 (1) addressing disruptions due to COVID-19; and 8 (2) minimizing the difficulty in returning to full 9 operation due to COVID-19 on such programs and 10 11 12 participants. SEC. 4515. WORKFORCE RESPONSE ACTIVITIES. (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 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. 5XT 2N J6H HEN20255 S.L.C. 238 1 2 (b) RAPID RESPONSE ACTIVITIES.— (1) STATEWIDE RESPONSE.—Of RAPID the 3 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. 10 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 5XT 2N J6H HEN20255 S.L.C. 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 TERMS.—Except 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 9 SEC. 4516. TECHNICAL AMENDMENTS. (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- 5XT 2N J6H HEN20255 S.L.C. 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). 10 11 12 TITLE III—LABOR PROVISIONS SEC. 4601. LIMITATION ON PAID LEAVE. 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 23 (division E of the Families First Coronavirus Response 24 Act) is amended by adding at the end the following: 25 ‘‘(f) LIMITATIONS.— 5XT 2N J6H HEN20255 S.L.C. 241 1 2 ‘‘(1) IN 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 19 20 ‘‘(B) upon the employee’s return to work 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 23 Act (division E of the Families First Coronavirus Re24 sponse Act) is amended by striking ‘‘section 5102(a)(5)’’ 5XT 2N J6H HEN20255 S.L.C. 242 1 and inserting ‘‘paragraphs (4) and (5) of section 2 5102(a)(5)’’. 3 4 SEC. 4604. UNEMPLOYMENT INSURANCE. 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 para19 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.’’. 5XT 2N J6H HEN20255 S.L.C. 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 16 SEC. 4606. PAID LEAVE FOR REHIRED EMPLOYEES. 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 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- 5XT 2N J6H in sections 101(2)(A) and HEN20255 S.L.C. 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 15 SEC. 4607. ADVANCE REFUNDING OF CREDITS. (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 im23 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.’’. 5XT 2N J6H HEN20255 S.L.C. 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 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 5XT 2N J6H HEN20255 S.L.C. 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 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.’’. 5XT 2N J6H HEN20255 S.L.C. 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 16 SEC. 6001. EMERGENCY DESIGNATION. (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), 23 the concurrent resolution on the budget for fiscal year 24 2018. 5XT 2N J6H