Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, WEDNESDAY, MARCH 25, 2020 No. 59 House of Representatives The House met at 10 a.m. and was but You have chosen us for this mo- 891, the Journal of the last day’s pro- called to order by the Speaker pro tem- ment. ceedings is approved. pore (Ms. WEXTON). Bless those who have been given f great responsibility with great compas- f sion for all people who will be affected PLEDGE OF ALLEGIANCE DESIGNATION OF THE SPEAKER by their decisions, with great wisdom The SPEAKER pro tempore. The PRO TEMPORE to see beyond what is merely in the Chair will lead the House in the Pledge The SPEAKER pro tempore laid be- short term, with great courage to do of Allegiance. fore the House the following commu- what is right even when it is difficult The SPEAKER pro tempore led the nication from the Speaker: or unpopular, with great magnanimity Pledge of Allegiance as follows: in how they treat one another, and WASHINGTON, DC, I pledge allegiance to the Flag of the March 25, 2020. with the gift of grace and love which United States of America, and to the Repub- I hereby appoint the Honorable JENNIFER carries us all when we put our trust lic for which it stands, one nation under God, WEXTON to act as Speaker pro tempore on and faith in You. indivisible, with liberty and justice for all. this day. I pray Your blessing upon each one of f NANCY PELOSI, us as we seek to do Your will this day, Speaker of the House of Representatives. that our works may be pleasing in ADJOURNMENT f Your sight. The SPEAKER pro tempore. Pursu- In Your name we pray. ant to section 7(b) of House Resolution PRAYER Amen. 891, the House stands adjourned until 11 Reverend Robert W. Fisher, Saint f a.m. tomorrow. John’s Church, Washington, D.C., of- Thereupon (at 10 o’clock and 2 min- fered the following prayer: THE JOURNAL utes a.m.), under its previous order, the Lord of all, this moment is not a mo- The SPEAKER pro tempore. Pursu- House adjourned until Thursday, ment that any of us would have hchosen, ant to section 7(a) of House Resolution March 26, 2020, at 11 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the fourth quarter of 2019 and the first quarter of 2020, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO GERMANY AND BELGIUM, EXPENDED BETWEEN FEB. 13 AND FEB. 17, 2020

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Nancy Pelosi ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Hon. Adam Schiff ...... 2 /13 2 /16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Hon. Susan Davis ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Hon. Stephen Lynch ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Hon. Gerry Connolly ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Hon. Jim Himes ...... 2 /13 2 /16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Hon. Bill Keating ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Hon. Ro Khanna ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Hon. Jason Crow ...... 2 /13 2 /16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Hon. Veronica Escobar ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 RADM Dr. Brian Monahan ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Paul Irving ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Wyndee Parker ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Kate Knudson Wolters ...... 2 /13 2 /16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Emily Berret ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Henry Connelly ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Tim Bergreen ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80 Jeff Blakley ...... 2/13 2/16 Germany ...... 1,661.80 ...... (3) ...... 1,661.80

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Nancy Pelosi ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Hon. Adam Schiff ...... 2 /16 2 /17 Belgium ...... 131.00 ...... (3) ...... 131.00 Hon. Susan Davis ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Hon. Stephen Lynch ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Hon. Jim Himes ...... 2 /16 2 /17 Belgium ...... 131.00 ...... (3) ...... 131.00 Hon. Bill Keating ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Hon. Ro Khanna ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Hon. Jason Crow ...... 2 /16 2 /17 Belgium ...... 131.00 ...... (3) ...... 131.00 Hon. Veronica Escobar ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 RADM Dr. Brian Monahan ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Paul Irving ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Wyndee Parker ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Kate Knudson Wolters ...... 2 /16 2 /17 Belgium ...... 131.00 ...... (3) ...... 131.00 Emily Berret ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Henry Connelly ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Tim Bergreen ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Jeff Blakley ...... 2/16 2/17 Belgium ...... 131.00 ...... (3) ...... 131.00 Committee total ...... 32,139.40 ...... 32,139.40 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. NANCY PELOSI, Mar. 18, 2020.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2019 *

Hon. Welch ...... 9/27 10 /3 South America ...... 1,363.04 ...... 1,304.30 ...... 809.23 ...... 3,476.57 Lucian Sikorskyj ...... 9/27 10 /3 South America ...... 1,363.04 ...... 1,304.30 ...... 809.23 ...... 3,476.57 Betsy Hulme ...... 9 /27 10 /3 South America ...... 1,363.04 ...... 1,304.30 ...... 809.23 ...... 3,476.57 Hon. Himes ...... 9/27 10/3 Asia ...... 100.00 ...... 8,062.13 ...... 8,162.13 Hon. Maloney ...... 9/27 10 /3 Asia ...... 414.00 ...... 8,750.73 ...... 9,164.73 Amanda Rogers Thorpe ...... 9 /27 10 /3 Asia ...... 553.00 ...... 8,523.23 ...... 9,076.23 Aaron Thurman ...... 9/27 10/3 Asia ...... 473.00 ...... 8,719.80 ...... 9,192.80 Lisa Major ...... 9/27 10/3 Asia ...... 473.00 ...... 8,790.70 ...... 9,263.70 Hon. Maloney ...... 10 /4 10 /8 Asia ...... 529.37 ...... 13,395.22 ...... 45.69 ...... 13,970.28 Abigail Grace ...... 10/4 10/8 Asia ...... 529.37 ...... 8,238.59 ...... 45.69 ...... 8,813.65 Kathy Suber ...... 10/4 10/8 Asia ...... 529.37 ...... 8,238.59 ...... 45.69 ...... 8,813.65 William Flanigan ...... 10/4 10/8 Asia ...... 529.37 ...... 8,238.59 ...... 45.69 ...... 8,813.65 Hon. Swalwell ...... 10 /5 10 /11 South America ...... 1,536.68 ...... 9,526.33 ...... 441.00 ...... 11,504.01 Thomas Eager ...... 10 /5 10 /11 South America ...... 1,536.68 ...... 9,526.33 ...... 441.00 ...... 11,504.01 Aaron Thurman ...... 11/3 11/10 Africa ...... 648.77 ...... 10,048.17 ...... 23.51 ...... 10,720.45 Lisa Major ...... 11/3 11/10 Africa ...... 648.77 ...... 10,048.17 ...... 23.51 ...... 10,720.45 Hon. Crawford ...... 11/3 11/8 South America ...... 564.00 ...... 15,604.55 ...... 201.67 ...... 16,370.22 Lucian Sikorskyj ...... 11 /3 11 /8 South America ...... 767.00 ...... 16,175.95 ...... 201.67 ...... 17,144.62 William Flanigan ...... 11/3 11/8 South America ...... 202.00 ...... 16,175.95 ...... 201.67 ...... 16,377.95 George Pappas ...... 11/3 11/8 South America ...... 767.00 ...... 16,175.95 ...... 17,144.62 Abigail Grace ...... 11/2 11/10 Asia ...... 2,099.00 ...... 12,089.55 ...... 14,188.55 Kimberlee Kerr ...... 11/2 11/10 Asia ...... 2,099.00 ...... 12,089.55 ...... 14,188.55 Kathy Suber ...... 11/2 11/10 Asia ...... 2,099.00 ...... 12,089.55 ...... 14,188.55 Hon. Sewell ...... 11 /2 11 /8 Europe ...... 2,018.51 ...... 5,210.25 ...... 529.80 ...... 7,758.56 Linda Cohen ...... 11/2 11/8 Europe ...... 2,018.52 ...... 10,095.15 ...... 529.80 ...... 12,643.47 Hon. Quigley ...... 12/12 12/17 Europe ...... 931.13 ...... 8,324.70 ...... 9,255.83 Aaron Thurman ...... 12/12 12/17 Europe ...... 931.13 ...... 1,351.45 ...... 2,282.58 Committee total ...... 27,086.79 ...... 249,402.08 ...... 5,204.08 ...... 281,692.95 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. * In accordance with title 22, United States Code, Section 1754(b)(2), information as would identify the foreign countries in which Committee Members and staff have traveled is omitted. HON. ADAM B. SCHIFF, Mar. 13, 2020.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2019

Hon. Alcee L. Hastings ...... 9/28 10/6 Tunisia ...... Tunisian 570.03 ...... 570.03 Dinar ...... Israel ...... Shekel 1,040.00 ...... 1,040.00 ...... Morocco ...... Moroccan 2,111.60 ...... 2,111.60 Dirham Hon. Joe Wilson ...... 9/28 10 /6 Tunisia ...... Tunisian 570.03 ...... 570.03 Dinar ...... Israel ...... Shekel 1,040.00 ...... 1,040.00 ...... Morocco ...... Moroccan 2,111.60 ...... 2,111.60 Dirham Hon. Emanuel Cleaver ...... 9/28 10/6 Tunisia ...... Tunisian 570.03 ...... 570.03 Dinar ...... Israel ...... Shekel 1,040.00 ...... 1,040.00 ...... Morocco ...... Moroccan 2,111.60 ...... 2,111.60 Dirham Alex T. Johnson ...... 9/28 10/6 Tunisia ...... Tunisian 570.03 ...... 570.03 Dinar ...... Israel ...... Shekel 1,040.00 ...... 1,040.00 ...... Morocco ...... Moroccan 1,487.73 ...... 1,487.73 Dirham Everett Price ...... 9/28 10 /6 Tunisia ...... Tunisian 570.03 ...... 570.03 Dinar ...... Israel ...... Shekel 1,040.00 ...... 1,040.00 ...... Morocco ...... Moroccan 1,487.73 ...... 1,487.73 Dirham

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Francois Hernandez ...... 9/28 10/6 Tunisia ...... Tunisian 570.03 ...... 570.03 Dinar ...... Israel ...... Shekel 1,040.00 ...... 1,040.00 ...... Morocco ...... Moroccan 1,487.73 ...... 1,487.73 Dirham Bob Hand ...... 9/28 10/6 Tunisia ...... Tunisian 570.03 ...... 570.03 Dinar ...... Morocco ...... Moroccan 1,799.67 ...... 433.10 ...... 2,232.77 Dirham Alex Tiersky ...... 10 /3 10 /5 Denmark ...... Denmark 771.00 ...... 771.00 Krone Alex T. Johnson ...... 10/9 10/16 Malta ...... Euro 729.31 ...... 3,364.83 ...... 4,094.14 ...... Austria ...... Euro 1,307.68 ...... 1,307.68 Paul Massaro ...... 10/5 10/16 United Kingdom ...... Pound 1,176.47 ...... 4,264.73 ...... 5,441.20 Sterling ...... Malta ...... Euro 729.21 ...... 729.21 ...... Austria ...... Euro 1,309.52 ...... 1,309.52 Alex T. Johnson ...... 11/7 11/17 Moldova ...... Leu 605.63 ...... 7,341.25 ...... 7,946.88 ...... France ...... Euro 1,303.00 ...... 1,303.00 ...... Sweden ...... Krona 250.42 ...... 250.42 Everett Price ...... 11 /9 11 /20 Georgia ...... Lari 1,626.00 ...... 9,095.50 ...... 10,721.50 ...... Azerbaijan ...... Manat 543.06 ...... 543.06 Alex Tiersky ...... 11 /9 11 /15 Georgia ...... Lari 880.00 ...... 16,223.95 ...... 17,103.95 Bob Hand ...... 11/13 11/17 Belarus ...... Belarussian 764.33 ...... 4,790.65 ...... 5,554.98 Ruble Nathaniel Hurd ...... 11/13 11 /17 Belarus ...... Belarussian 859.95 ...... 4,790.65 ...... 5,650.60 Ruble Rachel Bauman ...... 11 /13 11/17 Belarus ...... Belarussian 773.09 ...... 14,145.65 ...... 14,918.74 Ruble Mischa Thompson ...... 11 /17 11/21 Italy ...... Euro 3,777.15 ...... 11,733.55 ...... 15,510.70 Alex T. Johnson ...... 12/1 12/8 Slovakia ...... Euro 1,460.21 ...... 1,573.95 ...... 3,034.16 Alex Tiersky ...... 12 /1 12 /8 Slovakia ...... Euro 1,460.20 ...... 1,573.95 ...... 3,034.15 Mark Toner ...... 12 /1 12 /8 Slovakia ...... Euro 1,460.20 ...... 1,573.95 ...... 3,034.15 Shannon Simrell ...... 12 /3 12 /8 Slovakia ...... Euro 1,460.20 ...... 1,460.20 Committee total ...... 46,074.50 ...... 80,905.71 ...... 126,980.21 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. ALCEE L. HASTINGS, Mar. 13, 2020.

EXECUTIVE COMMUNICATIONS, PUBLIC BILLS AND RESOLUTIONS able charges for confinement facility communications services, and for other purposes; ETC. Under clause 2 of rule XII, public to the Committee on Energy and Commerce. Under clause 2 of rule XIV, executive bills and resolutions of the following By Mr. RYAN (for himself, Ms. communications were taken from the titles were introduced and severally re- SLOTKIN, Mr. KATKO, Mr. SCHNEIDER, Speaker’s table and referred as follows: ferred, as follows: Mrs. TORRES of California, Mr. ROSE 4168. A letter from the Director, Regu- By Mr. CURTIS: of New York, Mr. RUPPERSBERGER, latory Management Division, Environmental H.R. 6385. A bill to provide temporary re- Mr. DAVID SCOTT of Georgia, Mr. Protection Agency, transmitting the Agen- lief from troubled debt restructuring disclo- RUSH, Mr. LUJA´ N, Mr. SOTO, Mr. cy’s final rule — Air Plan Approval; Cali- sures, to delay the implementation of cer- MALINOWSKI, Mr. MICHAEL F. DOYLE fornia; Santa Barbara County Air Pollution tain accounting standards for depository in- of Pennsylvania, Mr. HIMES, Mr. Control District; Stationary Source Permits stitutions substantially affected by COVID- KHANNA, Ms. PRESSLEY, Mr. LAMB, and Exemptions [EPA-R09-OAR-2019-0432; 19, and for other purposes; to the Committee Mrs. TRAHAN, Mr. BROWN of Mary- FRL-10005-66-Region 9] received March 12, on Financial Services, and in addition to the land, Ms. PINGREE, Mr. PHILLIPS, Mr. 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public Committee on Agriculture, for a period to be GARCI´A of Illinois, Mr. PAYNE, Mr. Law 104-121, Sec. 251; (110 Stat. 868); to the subsequently determined by the Speaker, in GALLEGO, Ms. KAPTUR, Ms. FUDGE, Committee on Energy and Commerce. each case for consideration of such provi- Mr. LYNCH, Ms. LEE of California, Ms. 4169. A letter from the Director, Regu- sions as fall within the jurisdiction of the SPEIER, Mr. RASKIN, Mr. CISNEROS, latory Management Division, Environmental committee concerned. Ms. BARRAGA´ N, Mr. KILDEE, Ms. STE- Protection Agency, transmitting the Agen- By Mr. GAETZ: VENS, Ms. HOULAHAN, Ms. WEXTON, cy’s final rule — National Emission Stand- H.R. 6386. A bill to restrict the use of funds Mr. ALLRED, Ms. SHERRILL, Ms. ards for Hazardous Air Pollutants: Asphalt made available in appropriations Acts for ESHOO, Mr. DEFAZIO, Ms. GABBARD, Processing and Asphalt Roofing Manufac- fiscal year 2020 for the benefit of any United Ms. SPANBERGER, Mr. COURTNEY, Mr. turing Residual Risk and Technology Review States or foreign person subject to the con- LOEBSACK, Mr. GOTTHEIMER, Mr. [EPA-HQ-OAR-2017-0662; FRL-10005-06-OAR] trol of the People’s Republic of China; to the SCHIFF, Mr. HASTINGS, Mrs. WATSON (RIN: 2060-AT34) received March 12, 2020, pur- Committee on Foreign Affairs. COLEMAN, Miss RICE of New York, Mr. suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- By Mr. GONZALEZ of Texas: NORCROSS, Mr. KILMER, Ms. CRAIG, 121, Sec. 251; (110 Stat. 868); to the Committee H.R. 6387. A bill to correct technical omis- Mr. THOMPSON of Mississippi, Ms. on Energy and Commerce. sions relating to international financial co- BONAMICI, Ms. SCANLON, Ms. NORTON, 4170. A letter from the Director, Office of operation, and for other purposes; to the Mr. BEYER, Ms. KUSTER of New Congressional Affairs, Nuclear Regulatory Committee on Financial Services, and in ad- Hampshire, Mr. LARSON of Con- Commission, transmitting the Commission’s dition to the Committee on Ways and Means, necticut, Mr. YARMUTH, Ms. ESCOBAR, withdrawal of regulatory guide — Restart of for a period to be subsequently determined Mr. SIRES, Mr. PERLMUTTER, Mr. KIM, a Nuclear Power Plant Shut Down by a Seis- by the Speaker, in each case for consider- Mr. BALDERSON, and Mr. NEGUSE): mic Event [Regulatory Guide 1.167, Revision ation of such provisions as fall within the ju- H.R. 6390. A bill to require the President to 0] received March 17, 2020, pursuant to 5 risdiction of the committee concerned. use authorities under the Defense Produc- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. By Ms. HOULAHAN (for herself and tion Act of 1950 to require emergency produc- 251; (110 Stat. 868); to the Committee on En- Mr. WEBER of Texas): tion of medical equipment to address the ergy and Commerce. H.R. 6388. A bill to direct the National COVID-19 outbreak; to the Committee on Fi- 4171. A letter from the Chairman, Council Space Council to develop a strategy to en- nancial Services. of the District of Columbia, transmitting DC sure the United State remains the pre- By Mr. SCHNEIDER: Act 23-244, ‘‘Deputy Mayor for Planning and eminent space power in the face of growing Economic Development Limited Grant Mak- global competition; to the Committee on H.R. 6391. A bill to amend the Internal Rev- ing Authority for Check It Enterprises Science, Space, and Technology. enue Code of 1986 to allow for a 5-year Amendment Act of 2020’’, pursuant to Public By Mr. RUSH: carryback of operating losses of small busi- Law 93-198, Sec. 602(c)(1); (87 Stat. 814); to the H.R. 6389. A bill to amend the Communica- nesses, and for other purposes; to the Com- Committee on Oversight and Reform. tions Act of 1934 to ensure just and reason- mittee on Ways and Means.

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By Mr. WALTZ (for himself and Mr. SABLAN, Mr. SCHIFF, Mr. LARSEN of Article I, Section 8 GAETZ): Washington, Mr. HIGGINS of New By Mr. RYAN: H.R. 6392. A bill to modify the conditions York, Mr. YARMUTH, Mr. MCEACHIN, H.R. 6390. and terms of all foreign military training Ms. DELAURO, Mr. QUIGLEY, Ms. Congress has the power to enact this legis- programs operated within the United States CLARK of Massachusetts, Mr. GRI- lation pursuant to the following: by the Department of Defense and the De- JALVA, Ms. DEGETTE, Mr. ENGEL, Mr. Article I, Section 8: To make all Laws partment of State; to the Committee on the BUTTERFIELD, Mr. RUSH, Mr. DEUTCH, which shall be necessary and proper for car- Judiciary, and in addition to the Committee Mr. ALLRED, Ms. ESHOO, Mr. SEAN rying into Execution the foregoing Powers, on Armed Services, for a period to be subse- PATRICK MALONEY of New York, Mr. and all other Powers vested by this Constitu- quently determined by the Speaker, in each KENNEDY, Mr. DANNY K. DAVIS of Illi- tion in the Government of the United States, case for consideration of such provisions as nois, Ms. BASS, Mr. BRENDAN F. or in any Department or Officer thereof. fall within the jurisdiction of the committee BOYLE of Pennsylvania, Mr. NADLER, By Mr. SCHNEIDER: concerned. Ms. LEE of California, Ms. NORTON, H.R. 6391. By Mr. WALTZ (for himself and Mr. Mr. LEWIS, Ms. MUCARSEL-POWELL, Congress has the power to enact this legis- MCGOVERN): Mr. BISHOP of Georgia, Mr. EVANS, lation pursuant to the following: H.R. 6393. A bill to require the Secretary of Mr. GARCI´A of Illinois, Mr. SCHNEI- Article I, Section 8 Defense to submit to Congress a report on DER, Mr. HORSFORD, Mr. CARSON of By Mr. WALTZ: the reliance by the Department of Defense Indiana, Ms. WILD, Ms. TLAIB, Mr. H.R. 6392. on imports of certain pharmaceutical prod- CASTEN of Illinois, and Ms. CRAIG): Congress has the power to enact this legis- ucts made in part or in whole in certain H. Res. 908. A resolution condemning all lation pursuant to the following: countries, to establish postmarket reporting forms of anti-Asian sentiment as related to Article I, Section 8, clause 4 and 14 requirements for pharmaceuticals, and for COVID-19; to the Committee on the Judici- By Mr. WALTZ: other purposes; to the Committee on Ways ary. H.R. 6393. and Means, and in addition to the Commit- By Ms. STEFANIK: Congress has the power to enact this legis- tees on Armed Services, Oversight and Re- H. Res. 909. A resolution supporting an lation pursuant to the following: form, and Energy and Commerce, for a pe- international investigation into the handling Article I, Section 8, the commerce clause riod to be subsequently determined by the by the Government of the People’s Republic By Mr. WELCH: Speaker, in each case for consideration of of China of COVID-19 and the impact thereof H.R. 6394. such provisions as fall within the jurisdic- on the people of the United States and other Congress has the power to enact this legis- tion of the committee concerned. nations; to the Committee on Foreign Af- lation pursuant to the following: By Mr. WELCH (for himself, Mr. MAR- fairs. Article 1, Section 8, Clause 18: The Con- SHALL, Mr. YOUNG, and Mr. f gress shall have Power To . . . make all GIANFORTE): Laws which shall be necessary and proper for H.R. 6394. A bill to help small business CONSTITUTIONAL AUTHORITY carrying into Execution the foregoing Pow- broadband providers keep customers con- STATEMENT ers, and all other Powers vested by this Con- nected; to the Committee on Appropriations. Pursuant to clause 7 of rule XII of stitution in the Government of the United By Ms. MENG (for herself, Ms. JUDY the Rules of the House of Representa- States, or in any Department or Officer CHU of California, Ms. PRESSLEY, Mr. tives, the following statements are sub- thereof.. CASTRO of Texas, Mr. PASCRELL, Mr. MALINOWSKI, Ms. SPEIER, Mrs. WAT- mitted regarding the specific powers f SON COLEMAN, Mr. BROWN of Mary- granted to Congress in the Constitu- land, Mr. TAKANO, Mr. CISNEROS, Ms. tion to enact the accompanying bill or ADDITIONAL SPONSORS ´ SCHAKOWSKY, Ms. VELAZQUEZ, Ms. joint resolution. Under clause 7 of rule XII, sponsors PINGREE, Mr. TED LIEU of California, By Mr. CURTIS: were added to public bills and resolu- Mrs. NAPOLITANO, Mr. CORREA, Ms. H.R. 6385. HAALAND, Mr. HUFFMAN, Mrs. TORRES Congress has the power to enact this legis- tions, as follows: of California, Mr. BLUMENAUER, Ms. lation pursuant to the following: H.R. 1156: Mr. STEUBE. FUDGE, Mr. CA´ RDENAS, Ms. OMAR, Mr. Article I Section 8 H.R. 4801: Ms. CLARKE of New York. SCHRADER, Mr. MOULTON, Mr. SUOZZI, By Mr. GAETZ: H.R. 4982: Mr. GALLAGHER and Mr. GON- Mr. LYNCH, Mrs. DINGELL, Mr. CON- H.R. 6386. ZALEZ of Ohio. NOLLY, Mr. CASE, Mr. GREEN of Texas, Congress has the power to enact this legis- H.R. 5243: Mr. LANGEVIN. Ms. BONAMICI, Mr. TRONE, Mrs. CARO- lation pursuant to the following: H.R. 5605: Mr. PHILLIPS. LYN B. MALONEY of New York, Mr. Article 1, Section 8, clauses 1 and 3 of the H.R. 5621: Mr. TRONE. KHANNA, Mr. MCGOVERN, Mr. THOMP- Constitution. H.R. 6287: Ms. CHENEY. SON of California, Mr. LARSON of Con- By Mr. GONZALEZ of Texas: H.R. 6365: Mr. WENSTRUP, Mr. BERGMAN, H.R. 6387. necticut, Mr. FOSTER, Ms. JOHNSON of Ms. STEFANIK, and Mr. MCKINLEY. Congress has the power to enact this legis- Texas, Ms. JAYAPAL, Mr. KILMER, Ms. H.R. 6376: Ms. NORTON, Mr. POCAN, Mr. lation pursuant to the following: JACKSON LEE, Ms. LOFGREN, Ms. POR- TONKO, Ms. SCHAKOWSKY, Mr. SOTO, Mrs. Article I, Section 8 of the United States TER, Mr. RASKIN, Mr. LOWENTHAL, Ms. MCBATH, and Mr. GRIJALVA. Constitution DELBENE, Ms. CASTOR of Florida, Mr. H.R. 6377: Mr. TRONE, Mr. ALLRED, Mr. By Ms. HOULAHAN: JEFFRIES, Mrs. TRAHAN, Mr. SMITH of H.R. 6388. SCHNEIDER, Mr. CISNEROS, Mr. GRIJALVA, and Washington, Mr. ROSE of New York, Congress has the power to enact this legis- Mrs. LURIA. Mr. BEYER, Mr. ROUDA, Mr. COSTA, lation pursuant to the following: H. Res. 907: Mr. BABIN, Mr. CRENSHAW, Mr. Mr. SERRANO, Mr. DEFAZIO, Mr. U.S. Constitution, Article I, section 8 ARMSTRONG, Mr. AUSTIN SCOTT of Georgia, KRISHNAMOORTHI, Ms. OCASIO-CORTEZ, By Mr. RUSH: Mr. STEUBE, Mr. BUDD, Mrs. HARTZLER, Mr. Mr. CICILLINE, Mr. KIM, Ms. SA´ NCHEZ, H.R. 6389. GIBBS, Mr. RICE of South Carolina, Mr. HAR- Mr. SOTO, Mrs. BUSTOS, Ms. MCCOL- Congress has the power to enact this legis- RIS, Mr. SPANO, Mrs. WAGNER, Mr. HICE of LUM, Mr. POCAN, Mr. WELCH, Mr. lation pursuant to the following: Georgia, and Mr. WRIGHT.

VerDate Sep 11 2014 00:04 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\L25MR7.100 H25MRPT1 dlhill on DSKBBY8HB2PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, WEDNESDAY, MARCH 25, 2020 No. 59 Senate The Senate met at 12 noon and was mittee and the head of the Tax Task American tested positive with the new called to order by the President pro Force, I want to highlight a few areas coronavirus on our soil. In barely 2 tempore (Mr. GRASSLEY). of the bipartisan economic relief bill months, this pandemic has upended our f we will be voting on today. Nation. As of this morning, more than Recovery checks to give Americans 175 million Americans have been ad- PRAYER needed cash to provide for their fami- vised to remain in their homes. More The Chaplain, Dr. Barry C. Black, of- lies and get through our current health than half of our people are effectively fered the following prayer: crisis look like this: $1,200 for individ- sheltering in place. Let us pray. uals, $2,400 for married couples, and Hospitals in major cities are pushing O God, our Father, we lift up our $500 for each child. There is no min- capacity. Doctors and nurses are ex- hearts in prayer because we trust in imum, no phase-in. It starts out at the hausting crucial supplies. You. Lord, we know well the weakness lowest level. And, if it were not enough for Ameri- and the insecurity of our hold upon Anyone with a Social Security num- cans to fight to stay healthy, they are this life. ber who is not a dependent of anyone also fighting to keep their paychecks, Comfort those who have lost loved else should be eligible for a check to keep supporting their families. Com- ones during this global health crisis. under the income caps. bating this disease has forced our coun- When we wrestle with sad memories of We also have very strong unemploy- try to put huge parts of our national mortal loss, give us the glorious hope ment compensation additions to the life on pause and triggered layoffs at a of life eternal. present program in this bill. We also breathtaking pace. Lord, provide our lawmakers with have incentives to help charities be- This strange new reality has forced the confidence that Your all-sufficient cause they play a very important role our Nation onto something like a war- grace and power will enable them to in this recovery. time footing. A fight has arrived at our become more than conquerors during My colleagues across the aisle said shores. We did not seek it. We did not this time of trouble. Remind them that last week that the business tax issues want it. But, now, we are going to win no one who trusts in You will ulti- were corporate bailouts. That couldn’t it. mately be disgraced. be further from the truth, and I think Ten days ago, I laid out four urgent Mighty God, our forebears trusted in my Democratic colleagues now agree. priorities for new Senate legislation to You, and You delivered them. Be not This is about helping our workers keep help our Nation through this crisis. We far from us, for You are the source of their jobs. had to get direct—direct—financial as- our hope. Our economic relief package to re- sistance to the American people. We We pray in Your great Name. Amen. cover this economy has provisions to had to get historic aid to small busi- f help businesses so that they have the nesses to keep paychecks flowing, sta- cash to keep the doors open and keep bilize key industries to prevent mass PLEDGE OF ALLEGIANCE making payroll. We all worked hard, layoffs, and, of course, flood more re- The President pro tempore led the along with the administration, to get sources into the frontline healthcare Pledge of Allegiance, as follows: this job done. battle itself. I pledge allegiance to the Flag of the Now it is time to vote on this bill and One week ago, Senate Republicans United States of America, and to the Repub- deliver relief for the American people laid down an initial proposal that tack- lic for which it stands, one nation under God, and to recover this economy—get the led each—each—of these emergency indivisible, with liberty and justice for all. strong economy back that we had. missions. Our Members put forward a The PRESIDING OFFICER (Mr. I yield the floor. bold plan to send cash to households, LANKFORD). The Senator from Iowa. f stand up historic emergency loans for Mr. GRASSLEY. Mr. President, I ask Main Street, stabilize key sectors, and unanimous consent to speak in morn- RECOGNITION OF THE MAJORITY put the full might of Congress behind ing business for 1 minute. LEADER our doctors, nurses, hospitals, The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ma- healthcare providers, and the race for objection, it is so ordered. jority leader is recognized. treatments and vaccines. f f I couldn’t be more proud of our colleagues. Our Nation needed us to go big CORONAVIRUS CORONAVIRUS and go fast, and they did. The creative Mr. GRASSLEY. Mr. President, as Mr. MCCONNELL. Mr. President, it policies our chairmen crafted in just a the chairman of the Finance Com- has only been 65 days since the first couple of days’ time remain the central

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S2021

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.000 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2022 CONGRESSIONAL RECORD — SENATE March 25, 2020 building blocks of the proposal we will ing creative ways to stand united, even The PRESIDING OFFICER. The pass today. if they have to stand 6 feet apart. clerk will call the roll. But Republicans knew the Nation We will win this fight because of peo- The senior assistant legislative clerk had no time—no time—for conven- ple like Amy Jean Tyler, a stay-at- proceeded to call the roll. tional political gamesmanship, so the home mom in Oldham County, KY, who Mr. DURBIN. Mr. President, I ask instant we released our first draft, I is leading a drive to sew cotton masks unanimous consent that the order for created a series of bipartisan working for a local children’s hospital. the quorum call be rescinded. groups. I asked Republicans and Demo- We will win this fight because of peo- The PRESIDING OFFICER. Without crats to work together around the ple like Pastor Grant Hasty in Stearns, objection, it is so ordered. clock—literally, around the clock—to KY, who is gathering volunteers to dis- f make the bill even better. tribute more than 550 home-cooked By Sunday, we had an updated pro- meals. RESERVATION OF LEADER TIME posal that was even stronger and con- We will win this fight because of peo- The PRESIDING OFFICER. Under tained even more ideas, literally, from ple like Peg Hays, who runs a distillery the previous order, the leadership time both sides—both sides. Republicans and in Christian County, KY, and is tempo- is reserved. Democrats have worked together to rarily converting her bourbon-making dramatically strengthen and rework facilities to churn out hand sanitizer. f unemployment insurance during this We will win this fight because na- CONCLUSION OF MORNING crisis. We have worked together to tional companies are switching produc- BUSINESS make sure lower income families could tion lines to make medical supplies be- The PRESIDING OFFICER. Morning receive the full cash assistance, and on cause our largest high-tech companies business is closed. and on. are partnering with the government to I will leave it to others to compare throw supercomputing power right into f the bipartisan Sunday bill to the final the race for vaccines. LEGISLATIVE SESSION version we will pass today and deter- We will win this fight because of fam- mine whether the last few changes ilies, neighbors, and church commu- really required or merited 3 days of nities that cannot even worship to- MIDDLE CLASS HEALTH BENEFITS delay—3 days of delay—in the face of gether in person and because of small TAX REPEAL ACT OF 2019—Motion this worsening crisis. But that Wash- businesses, big businesses, public to Proceed—Resumed ington drama does not matter any- health Ph.D.s, and local entrepreneurs. The PRESIDING OFFICER. Under more. The Senate is going to stand to- It has been 18 years since every the previous order, the Senate will re- gether, act together, and pass this his- American was united in amazement sume consideration of the motion to toric relief package today. and prayer as firefighters and first re- proceed to H.R. 748, which the clerk Struggling Americans are going to go sponders rushed into burning buildings will report. to their mailboxes and find four-figure on September 11, 2001. The senior assistant legislative clerk checks to help with their bills. Why? In the coming days and weeks, our read as follows: Because the Senate stepped up. Nation is going to meet new heroes. Many American families who have Many may be police, firefighters, and A bill (H.R. 748) to amend the Internal Rev- poured everything into a restaurant or EMTs once again. Many others will be enue Code of 1986 to repeal the excise tax on high cost employer-sponsored health cov- a shop or a small manufacturer are truckdrivers, grocery store clerks, and erage. going to keep making payroll and keep pharmacists, who literally keep our The PRESIDING OFFICER. The Sen- their businesses alive because this Sen- supply chains running; utility workers ator from Illinois. ate stepped up. and delivery drivers, who leave their Hundreds of thousands of workers in homes so everyone else can remain in CORONAVIRUS key sectors who might well have been theirs; teachers, who somehow manage Mr. DURBIN. Mr. President, America laid off through no fault of their own to keep educating their students over has never seen anything like this be- will, instead, get to keep their job and the internet while looking after their fore. To think that half of the people continue their career because this Sen- own kids at the very same time. And, who live in the United States are under ate stepped up. most of all, we are going to meet a some order to either stay home or at And, for the healthcare heroes who whole lot of American heroes who wear least avoid contact with others is un- leave their own sleeping children and scrubs and masks and gloves—heroes heard of. This is an enemy—this drive to the hospital for an all-night who rush toward the sick and wash virus—the likes of which we have never shift, who spend hour after hour heal- their hands until they bleed and work faced. ing the sick, comforting strangers, and around the clock to heal our friends As strong and determined as our Na- literally battling this disease, there and our families. tion is when it comes to these chal- will be more masks in their supply When our Nation comes through this lenges, this is unique, and it calls for closet, more funding for their hos- and takes flight again on the other unique leadership. There are a lot of pitals, and, soon, more new treatments side, it will be because American he- critics of the U.S. Congress—for good to administer to their patients because roes won this fight. All the Senate can reason—but I think what we have dem- this Senate stepped up. do is to give them the resources to do onstrated in the last several weeks So, today, the Senate will act to help it, and that is exactly what we are since we have addressed this the people of this country weather this going to do today. coronavirus is that there is a capacity storm. Nobody thinks legislation can f for common sense, bipartisan work, end this. We cannot outlaw the virus. and a timeliness that is essential. No economic policy could fully end ORDER OF BUSINESS The first two measures were passed the hardship so long as the public Mr. MCCONNELL. Mr. President, I in record time—one for $8 billion, health requires that we put so much of ask unanimous consent that notwith- which opened the door for more med- our Nation’s commerce on ice. This is standing the provision of rule XXII, the ical resources; the second, for $100 bil- not even a stimulus package. It is cloture motion with respect to the mo- lion, which tried to guarantee to people emergency relief—emergency relief. tion to proceed to H.R. 748 occur at a they would never have to pay to be That is what this is. time to be determined by the majority tested for coronavirus, that there No, this fight is not going to be won leader in consultation with the Demo- would be adequate food supplies during or lost in Washington. It is the Amer- cratic leader during today’s session. this calamitous time, that we would ican people who will beat this virus. The PRESIDING OFFICER. Is there have resources sent to the States for Americans will keep making sacrifices objection? Medicaid reimbursement at new levels, to slow down the spread. Americans Without objection, it is so ordered. that we would also engage people with will keep pitching in and looking after Mr. MCCONNELL. I suggest the ab- family leave, as necessary, so that they each other. Americans will keep find- sence of a quorum. could stay out of the workplace if they

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2023 felt badly, and that we would also have ease even further in the United States. have come forward and asked: Are you an idea that we would come together as It says to those who are anxiously ex- going to help us? We are spending a lot a nation to move unemployment insur- panding their resources, expanding the of money because of this COVID–19. ance with dispatch. That passed, again, number of beds, bringing in retired This bill does it. It was not an easy in a timely way with a bipartisan vote. medical personnel—as the Governor task. We had to convince the other side And, then, we came to the third chal- from Illinois, J.B. Pritzker, is doing— that it was money well spent, and I am lenge—a challenge the likes of which I that we hear them and are providing happy to report that, on a bipartisan have never seen in my time in Con- them the resources to go to work to basis, we reached that agreement. As it gress, and I don’t imagine anyone else fight this challenge we face at every should, some $150 million will be going has. We decided in a span of about 7 corner of the United States. to these State and local governments. days to come up with a package of au- The second thing that we set out to Those are things that I believe will thorizations and appropriations, which do when the bill was presented on Sun- move us down the path toward resolv- is larger than the annual Federal budg- day was to expand the opportunity for ing this challenge in America and et for domestic discretionary spending unemployment insurance. Some have doing it in the proper way—always in America. In 7 days we did what usu- criticized us on the floor and said: keeping in mind that the welfare of ally takes 12 months or longer, but we Don’t get into structural changes. workers and their families is of para- knew we had to because the need is Well, you couldn’t expand unemploy- mount concern. that great and America was watching ment insurance without getting into a First is the investment on the med- and wondering if we could rise to that structural change because the system, ical side to stop the onslaught. Second challenge. which affects only a small percentage is the support for families and workers There were some bumps in the road, of Americans, is not adequate in most across America. and it is no surprise. An undertaking of cases to keep a family together. If you There are some items that are still that magnitude with this kind of pres- lose your job and try to live on that being debated on the floor here. You sure to get the job done quickly and unemployment check, it is hard to do. heard it in the early statements by the properly is bound to create differences People lose their homes over that and majority leader, and they relate to the of opinion, and it did. their cars. They can’t pay their utility benefits to be given to businesses in There were moments of anxiety on bills. order to keep them moving forward. We all understand the aviation indus- the floor of the Senate. Those who have So what we have done has been de- try is at the heart of the American followed C–SPAN have watched many scribed as putting unemployment benefits on steroids. The amount of money economy—an engine to move it, in one speeches that reflected the emotional that is going to be sent to families who respect, and a reflection of its activity levels that were reached in this Cham- were furloughed, laid off, or unem- in another respect. That aviation in- ber, but the emotions in this Chamber ployed is dramatically bigger than it dustry is flat on its back. Some 80 to 90 were not that different than the emo- would have been if we hadn’t restruc- percent of the passenger load has dis- tions in most homes across America as tured unemployment compensation. At appeared. Hundreds of thousands of em- people worry about whether this illness the same time, the President and the ployees in the airline industry have will touch their families and, if so, will White House suggested direct cash pay- come to us and asked for help. We are they be able to conquer it. ments. We never argued against those prepared to do that, and it is part of That emotion on the Senate floor led but said it is just a down payment. It is the package that will come before us. us to further negotiations in an effort just a single check. We believe unem- The administration also asked for re- to try to make a bill presented to us on ployment insurance is going to be a sources to be loaned to other busi- Sunday better 3 days later. guarantee of payments in months to nesses that need a helping hand. I am And that brings us to this moment. come. not opposed to that. Some are, but I History will judge, as the Senator from Since Sunday, we expanded the pe- am not. Yet I do believe that account- Kentucky noted earlier, as to whether riod of additional unemployment com- ability and transparency are essential. there is an improvement that has been pensation from 3 months to 4 months. Since Sunday, we have dramatically made to this bill over the last 72 hours. There is a big price on that, of course, changed this package so that there will I will stand up and tell you I would tes- but we think it is reasonable to give be transparency and accountability on tify definitely—definitely. Just con- people peace of mind that for 4 months a timely basis as decisions are made by sider the first priority. We have to they will be able to keep their families this administration to allocate these make sure that hospitals and clinics together as we work our way through taxpayer funds to help these compa- and healthcare providers at every level these medical challenges and, God will- nies. Some of us learned a bitter lesson in America are prepared to rise to this ing, see our economy back on its feet. in the past when benefits were given to challenge. And we know this is a chal- I hope that happens. I hope it is even corporations, and they were misused lenge the likes of which we have never sooner, but we are prepared for 4 for stock buybacks and dividends and seen. months. profiteering at a time of great national When the Governor of New York sug- The third thing we set out to do is need. We don’t want to repeat that gests that the hospitals of that great one that is near and dear to me in my story. We want to make certain that State expand their capacity by 50 per- State and, I will bet, in most other the taxpayer dollars being invested in cent as quickly as possible to take the States. We set out to compensate the these corporations are really designed incoming patients from this COVID–19 States and some localities, counties, to get them back on their feet and the virus—and be prepared, he said, to ex- and cities that are spending substan- economy moving forward for the ben- pand it by 100 percent—we appreciate tial sums of money because of the efit of everyone who lives in this coun- the magnitude of the challenge. COVID–19 threats they are facing. try. Accountability and transparency On the Democratic side, our leader Let’s face it. For the most part, our are essential, and I believe this new Senator SCHUMER has called it a Mar- Governors have been on the frontline of agreement—some 3 days after the shall Plan for hospitals and healthcare. defense over the last several weeks original one was proposed—is an im- I don’t think that is an exaggeration. when it has come to America’s provement. The bill that was presented to us on healthcare. They have done excep- Credit should be given to both sides Sunday envisioned some $75 billion for tional things, and they have been for many of the things that I just men- that purpose, and many of us felt that called on to spend money in ways they tioned, because Democrats and Repub- was not adequate, as large as that never dreamed of. For example, unem- licans have had to agree for this to number may be. ployment benefits, which involve State make the final package. Yet we believe Today, we will bring a bill to the payments in many respects, have what we will vote on this afternoon— floor that will increase that allocation mushroomed and skyrocketed—some- and I believe we will enjoy strong bi- for healthcare from the $75 billion in times 10 times the number they were partisan support on the floor of the the bill just 3 days ago to $130 billion. just last year at the same time. Senate—will be a dramatic improve- Is it enough? Probably not, unless God My Governor and others—mayors and ment over the last 72 hours. I give cred- spares us from the spread of this dis- the leaders of county government— it to both sides. We believe some of

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.004 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2024 CONGRESSIONAL RECORD — SENATE March 25, 2020 these ideas were essential, and that is the Senate, and her staff and want to save lives, to cure the sick, and to pre- why we voted as we did on the floor. engage in a conversation. What we vent disease. Yet to reach this agreement and bring know is that this is historic, and it For all of those men and women who it forward, it took both sides. really is a dramatic change from what are working in this profession, I will I salute my colleagues, starting, of we have done in the past, but I don’t tell you that this will be their finest course, with the Democratic leader, think it is unrealistic. I think it re- hour. We are hearing about heroes all Senator SCHUMER. He has put in some flects the reality of where we are today over the country, and that is going to hours. I can’t tell you how many times with the public health crisis. It may re- continue as long as this crisis is in ef- I stepped into his office, and Michelle, flect the reality of tomorrow, which fect because that is what we are asking his assistant, told me he was in with could be some different national emer- them to do every day—to save lives, Secretary Mnuchin. They spent days gency or, God forbid, some terrorist ac- heal the sick, and prevent disease. together—going until 12 midnight and tivity that keeps us away from this We see that with our public health starting fresh early in the morning—to Capitol Building when we still have officers who are out there, trying to try to reach an agreement, which I be- work to do. prevent disease. We see it in commu- lieve we finally have done—finally. I thank Senator PORTMAN; Senator nities. Day and night, we see people There are just a few little items left, KLOBUCHAR, who has really been one of trying to heal the sick and to save but I don’t think they will hold us up. the leaders in this effort; and Senator lives in the hospitals. What they are So, to Senator SCHUMER and his staff, SCHATZ, who I know is a cosponsor. We asking from us are for resources, and to all of my colleagues, and to the are now up to close to 20 cosponsors, on that is now going to be provided in the ranking members who pitched in with a bipartisan basis, to move forward in bill that we are going to pass today their committees of jurisdiction to try this change in the Senate rules. I hope that will hopefully soon be on the to come up with good ideas and to sell we can have conference calls during the President’s desk. them in a bipartisan agreement, that time that we are physically away from We are also surging dollars to indi- was an exceptional amount of work. the Capitol and move this idea forward. viduals, to families, to businesses, and I give special credit, too, to the The House is considering the same to distressed parts of our economy—di- staff—to my own and to those of the thing as well. rect money: $1,200 per individual, $500 others—who have come to work in this Now is the time to do it. It is time to per child—take a look at that—and $350 dangerous moment. We are being told bring this great body—the U.S. Sen- billion in bridge loans and grants to to stay home, to telework from home ate—into the 21st century when it small and medium-sized businesses. when you have to and when you can. In comes to executing our constitutional We are providing unemployment in- some cases, you can’t. Those who have responsibility without endangering surance to workers—people who were shown up at the Capitol, including the anyone, especially Members and their working and were ready to go to work staff who is here today on the floor, staffs and families. the next day but were not able to behave come at risk, and we know that— I yield the floor. cause of the medical crisis affecting us. at risk to their own health and the The PRESIDING OFFICER. The Sen- So this will be to make sure that work- health of their family members and ator from Wyoming. ers who are not able to work right now others whom they love, as we do. So I Mr. BARRASSO. Mr. President, for are made whole. thank them for this. families, for healthcare workers, for We held the line against so many of I understand that we may be gone for small businesses, and for people who the ideological issues that the Demo- several weeks, and I think that it is ap- are waking up today all across the crats and specifically the Speaker of propriate. But for a national emer- country who are asking ‘‘What is the House tried to put into this legisla- gency that would call us back—and we next?’’ I believe that today we can re- tion. We made it clear that lives were will come back if that is necessary—I think we should take some time away port there is good news. at stake. Those are debates for another The resolve and determination of this from one another and away from the day. The crisis is upon us, and the res- Senate, working in a bipartisan way Capitol to really mind to our own cue work needs to be done. and working with the White House, has I believe time was wasted. We should health and the well-being of our own families and work back home as best delivered a rescue plan—a rescue plan have passed this last Sunday. Time was we can, by teleconferencing and in for the American people and for Amer- wasted, and it was time the American other ways, to let people know what we ican healthcare workers. people didn’t have, but we are working We are going to pass new authorities, have done with this new legislation. on this action plan today. I hope that during this period of new resources, and new programs today Pass the Senate bill today to sta- time, I can engage my colleagues in to deal with two crises that we as a na- bilize American jobs and to surge thinking about another issue. I and tion are facing. One is the medical cri- healthcare resources to the frontlines. Senator PORTMAN, the Republican from sis, the coronavirus, and the other is The House cannot delay. The House Ohio, have introduced legislation that the economic crisis that is as a direct needs to get this passed today and sent at this moment in history calls for at result of the medical crisis we are fac- to the President of the United States least an inquiry into remote voting or ing. for his signature today. America some different approach to voting that This Senate is providing an over- should not wake up tomorrow and have doesn’t require our physical presence whelming and massive healthcare and to watch and wait and worry to see if on the floor in times of national emer- economic response package. We are the House is going to pass this bill. The gency. It just makes sense. doing both. We have to do both at the House needs to act today. The Amer- The fact is, our meetings of the Sen- same time, as it is a rescue operation ican people need that reassurance ate almost every single day have vio- for the resources that our healthcare today. lated the CDC guidelines that tell us providers need and the resources that Everyone—families, young people— not to gather in a group of 10 or more. our economy needs. The healthcare re- has committed to slowing the spread Yet we come to the floor because we sources are going to be surging for for the remainder of the 15-day window. have to—because this is life and death communities all around the country— There is about a week longer to go. when it comes to this legislation we every one of the 50 States is affected— And people are doing it all around the are considering—and because we know with there being over $100 billion for country. People are going to continue what our jobs are. We can find a better our hospitals and the heroes who are to ramp up the manufacturing of med- way to do this in the 21st century by taking care of coronavirus patients. ical equipment—masks, ventilators, using the technology that is available As the Presiding Officer knows, I am respirators, tests—to save lives. People in so many different ways in order to a physician and have practiced medi- are going to keep cutting redtape and have verifiable, accurate, honest vot- cine for a long time in Wyoming. Peo- pressing on scientific and medical ing for those who cannot or should not ple go into medicine so they can do a breakthroughs for treatments and vac- physically be present on the floor. number of things, but when people go cines. I have spoken to Elizabeth into medicine, what we expect of our Going forward—and I see the minor- MacDonough, the Parliamentarian of healthcare providers is for them to ity leader on the floor—we need to take

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.005 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2025 a long, hard look at our supply chain. sources to come to Washington, DC, While we think of the processes we China has been exposed. We cannot and to lobby for aid and support, are have been through before on TARP and allow ourselves ever again to be in any counting on us to create a program the processes we have been through be- way dependent on China for medicines, that small businesses can get both fore on other lending, our colleagues for materials, or for minerals. grants and loans. So the $360 billion in here on this side of the aisle made sure My focus, along with what I know to this program I hope SBA will help dis- that there were better requirements for be the President’s focus, is to bring patch with urgency to those businesses oversight, inspector generals’ account- America back stronger than ever be- that have complied and have done their ing of the resources, and to make sure fore. We are a strong and resilient na- best to keep their employees while also that we knew exactly where these dol- tion. We will get through this. Our shutting down their business. lars were being spent. country’s healthcare infrastructure We also know that the unemploy- I know Treasury will have its hands and our economic resolve are today ment benefits in this package, which full, but because of Democrats, we will being tested. We will defeat the virus, will be for an additional 4 months, will have more transparency in exactly how and we will be back stronger than ever. be a boost for people who are unem- those dollars go out the door. I yield the floor. ployed, and the expansion of that defi- So I want to thank Leader SCHUMER The PRESIDING OFFICER. The Sen- nition to cover those who are part of a and his staff for working so diligently ator from Washington. gig economy who may not have been on this package. It has been a very hec- Ms. CANTWELL. Mr. President, I covered in the past is important to give tic couple of days. come to the floor to thank my col- people the safety net to make it And I would say a special thanks to leagues for all of their hard work on through this process. the Commerce Committee staff, to this legislation and to urge my col- I wish we would have come to terms David Strickland, Melissa Porter, leagues to move forward today because on even allowing for COBRA enhance- David Martin, Ronce Almond, who lit- the State of Washington desperately ments, particularly for the aerospace erally have been camped out for—prob- needs this help. sector. I will be filing a bill today to ably since last Saturday, working and When I think about this package that make sure that as we continue to move perfecting the language in these sec- has been crafted literally since Satur- through this crisis, we think about tions related to aviation. day starting at about 10 o’clock and those who are going to have a shift— As I said, there is more work to do, when I think about the people who had are laid off, as we have seen in recent and we all know there is more work to run to collaborate—yes, there were days in Everett, WA—so that they, too, do. I know I want to continue the fight many challenges to that collabora- could have healthcare beyond just 1 for the aviation supply chain, to make tion—I also think about the people who month of a COBRA health plan. It is so sure that when we come out of this cri- are on the frontlines in the State of important in fighting this disease that sis after an economic downturn around Washington who have paid such a we not only take care of unemploy- the globe, the United States is well po- heavy price—from the factory worker ment benefits, but we also make sure sitioned to return the supply chain we just lost in Everett, WA, to the people in unemployment have access to workforce to building one of America’s COVID–19 disease; to the grocer at the healthcare. We can’t be in the midst of best products—airplanes. One of Amer- Leschi Market, who was just trying to a pandemic and not give people afford- ica’s greatest—actually, America’s sin- help deliver groceries to a needing pub- able access to healthcare. gle largest export is airplanes. But to I also thank my colleagues for other lic; to the pathologist at the Univer- do that, we are going to have to get provisions of this package that are sity of Washington who was a leader in through this crisis and protect what we helping in giving individual taxpayers this field but who also lost his life. think needs to be continued healthcare relief in the sense of a rebate check. Real sacrifice and real, crushing blows access for those laid-off workers. Not only will individuals get a rebate have been dealt snce December. So let’s get these dollars to the front- check of $1,200, but families will get a But today we are responding with line, to our hospitals, to our States, for rebate check of $2,400 that should help more help for our States. We are giving better equipment, for more supplies. those who have been hit hardest by them more money for hospitals, more Let’s support them in doing what they this disease in these days in which we money for the frontline with protective do best, helping to fight this disease are sheltering in place in the State of gear, more money for testing, and more and seeing this through to the other Washington. money to support them as they con- There are so many more things we side of America’s challenge. I yield the floor. tinue the effort to try to stop this dis- need to do, and while I support the ele- ease. ments of supporting the aviation indus- RECOGNITION OF THE MINORITY LEADER It is so important that we give State try in this package, I wish we would The PRESIDING OFFICER. The and local governments and Tribes the have gotten more requirements on the Democratic leader is recognized. resources they need to be on the airline industries for the grant section Mr. SCHUMER. Mr. President, I want frontlines in fighting this disease, and of this bill. I personally believe that in to thank the Senator from Washington I thank our Governor, Governor Inslee, the future in a healthier airline indus- for her hard and diligent work. No for leading that charge every single try, they should pay money back to the one—no one—fought harder for the day in trying to focus our response on Federal Government. State of Washington, which, like my this disease. We certainly should be protecting the State of New York, is in such crisis, Because we were the site of the first workforce during this time period, and than the two Senators from Wash- COVID–19 case, we have been at this that is what is most important—to ington, and I thank Senator CANTWELL since January 21, and the sadness we make sure that an airline doesn’t take for her great work up and down the have all felt over the Kirkland nursing money from the Federal Government line. Whether it was the government, home, where we lost so many patients, or go into bankruptcy and shortchange the companies, the people of Wash- we hope will be a lesson for the rest of the workers and the workforce, as has ington State, she was there. the Nation to pay attention to the seri- been done in previous packages for Now, I say to the American people: ousness of this virus. them. Help is on the way—big help, quick We are also here today, though—be- I fully support, though, the loan help. I say to the American people: Be- sides giving that frontline support to guarantee program and the loan guar- cause Democrats insisted on making States, to cities, to counties, and to antees that are so important and so this bill better, we can now call it a our healthcare delivery system—to say qualified in this package to have very bill that puts workers first, not cor- that we want to try to lessen the eco- specific requirements to them. porations; that has a Marshall plan for nomic impacts of a shelter-in-place or I also want to thank my colleagues hospitals; and that has accountability, social distancing. from the Banking Committee who transparency, and watchdogs over Our businesses, small businesses, worked hard on provisions in this legis- much of the lending that is in this bill. have been hit hard. Our restaurants, lation to make sure there was more Now, in 6 days of shuttle diplomacy our other businesses that have shut transparency in the process for who got and here, in these mostly now-empty down, that don’t have the same re- access to the loans in this package. corridors, we have shaped a bipartisan

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.006 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2026 CONGRESSIONAL RECORD — SENATE March 25, 2020 agreement on the largest rescue pack- whatever it needs to fight back. The For the nearly 2 million airline em- age in American history, which was grants in that fund will be available to ployees, Democrats have also secured sealed last night a few minutes after 1 everyone who is fighting coronavirus— direct payroll payments to keep you on in the morning, when Leader MCCON- hospitals, nursing homes, community the job. Your collective bargaining NELL and I came to the floor to an- health centers, and all types of Med- rights will be protected, and airlines nounce we had an agreement. icaid providers and safety net pro- will not be allowed to spend any grant It was not a moment of celebration viders. money on stock buybacks or CEO but, rather, one of necessity. Facing an It includes funding for personal pro- bonus pay for the life of the grant plus unprecedented crisis, it was the duty of tective equipment, testing supplies, a 1 year. the Senate to produce bipartisan legis- surge in our healthcare workforce, ad- Democrats also secured tough new lation to send an immediate infusion of ditional Medicare funding, research requirements on Federal grants and resources to our public health systems, into coronavirus treatments and more. loans to any industry: no stock State and local governments, small The funding will literally act as a life- buybacks for the length of any loan business and American workers. line as the number of COVID–19 cases provided by the Treasury, plus 1 addi- As I said, from the start, Democrats continues to climb. tional year; restrictions on any in- had two main goals: a Marshall Plan So as I said, a Marshall Plan for the creases to executive compensation; a for public health workers and hospitals American medical system is now un- requirement to protect collective bar- on the frontline and putting workers derway. gaining agreements; Democrats se- first, not corporations. Second, workers first. Millions of cured a prohibition on any Trump Or- Had we not asked for the Republican workers, through no fault of their own, ganization business or any business Party to recognize us by not going for- are losing paychecks, with no way to controlled by any other government ward on these first two votes, this bill cover their daily expenses and monthly leaders from receiving a loan from this would have been much worse. Our ac- bills. Coming to their rescue is a pro- bill. tions made it much better—not every- gram Democrats devised to boost un- We compelled the creation of Treas- thing we wanted but much, much bet- employment insurance. We call it un- ury Department Special Inspector Gen- ter, and we are proud as a caucus and employment insurance on steroids. eral to provide oversight of Treasury united as a caucus at the job we have The agreement increases the max- loans and investments, an account- imum unemployment benefit by $600 done to improve this legislation be- ability committee to protect taxpayer per week and ensures that laid-off cause, after all, this legislation will be dollars, and a congressional oversight workers, on average, will receive their with us not for days and not for weeks, Commission as well. full pay for 4 months. There will be much needed trans- not even for months, but probably for These benefits will be much easier to parency in these requirements as well. years. To improve this legislation was access and will be expanded to include The Treasury Secretary must, by law, worth taking an extra day or two, im- part-time, self-employed, freelancers, make public quickly the names and proving it after the Republican leader and gig economy workers. just put it down without consulting us And the new program has a second— terms of loans or other assistance to and tried to say take it or leave it. the first job of this program: Get corporate borrowers. I believe it was Like all compromises, this bill is far money into the pockets of people who Justice Brandeis, who said: Sunlight is from perfect, but we believe the legis- are losing their jobs through no fault the great disinfectant. If any of these lation has improved sufficiently to of their own, and it will come quickly loans look untoward, if any of these warrant its quick consideration and and generously. But it has a second loans don’t look right, or if any of passage. Because many Democrats and purpose. It will also allow companies to these loans are going where they Republicans were willing to do the seri- furlough workers so that they can stay shouldn’t be going, the Congress and ous and hard work, the bill is much on as employees, so when, God willing, government will know quickly, and better than when we started, and start- this crisis abates, they can quickly re- that will put pressure on the Treasury ing yesterday morning, we all came to- sume work with their employer and Secretary not to do them and certainly gether to get this bill done. We worked businesses can reassemble. not to repeat them. in a bipartisan way, as this body should When this crisis is over, we don’t Fourth, resources for State, local, have worked and should work, and here want every worker who is losing their and Tribal governments that are car- we are. job to scatter to the winds, and so rying the weight of their overburdened Once the language is ready, Demo- many good businesses, through no fault health networks on their budgets is crats are ready to speed up the consid- of their own, will fall apart. By keeping there. This came down to the wire. My eration of the bill as much as possible. them on furlough, paying them, the Republican friends didn’t want to do it, We believe the legislation has been im- businesses can reassemble quickly. but I am glad they acceded to our wish- proved sufficiently to warrant its quick This proposal, unemployment insur- es here because local governments are consideration and passage. I expect the ance on steroids, will be the greatest hurting. They are spending more Senate can get the job done in the new expansion of unemployed benefits in money than they have ever spent and few hours. decades—a social safety net wide at the same time their tax revenues Now, the American people watching enough to catch the millions of Amer- have declined. So we must help our should know what is in this bill, which ican workers who became unemployed local governments, and we will in this has undergone many revisions over the virtually overnight, woven with fiber legislation. It will be distributed be- past 48 hours. strong enough to hold them through tween both the local governments, Many of the programs and funding the worst of this crisis. county governments, and the State. In authorities that are being finalized as As I said, we are going to pass unem- the end, State and local governments we speak will go to them directly, the ployment insurance on steroids. will now get $150 billion, with $8 billion American people, and could make the Third, oversight, transparency, and set aside for Tribal governments. The difference in the next few months be- accountability of all loans made to cor- relief is desperately needed because tween putting food on the table and porations. The Republican bill initially State revenues have dried up almost going hungry, between surviving this put the focus on rescuing industry and overnight, leaving them with unten- period of unemployment and financial did not do enough to protect the hun- able choices about how to allocate ruin. dreds upon hundreds of thousands of their healthcare and other resources. So let me briefly run through the workers those industries employ. But Fifth, urgent help for small busi- major components of the bill. First, as as a result of our negotiations, Demo- nesses. My dad was a small business- I mentioned, a Marshall Plan for the crats have secured crucial worker pro- man, an exterminator. He used to pace American medical system is now un- tections throughout the bill as condi- the floor Sunday nights at 2 a.m. be- derway. This agreement will inject $150 tions to rescuing large companies, in- cause he didn’t want to go to work. I billion into our hospitals and health cluding incentives for businesses to know small businesspeople suffer under system, headlined by a new $100 billion keep workers on the payroll during the normal times, let alone these difficult fund to provide our health system with crisis. times. This bill offers $350 billion in

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.008 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2027 loan forgiveness grants to small busi- ter because of your long hours and hard community, and our family. That time nesses to keep their existing workforce work. The floor staff who kept this has now expired as of this morning. and to help pay for things like rent, Chamber open and running at all I certainly regret the fact that I mortgages, and utilities. It provides $10 hours, we thank you. missed a vote that passed 90 to 8 to billion in emergency grants to provide Secretary Mnuchin, Eric Ueland, complete phase 2 of our help to address immediate relief for small business op- MARK MEADOWS, and their staffs, who COVID–19. I wish I had been here be- erating costs. have spent more time in my office than cause the vote would have been 91 to 8. Of course, there are many things be- they care to admit, thank you. Throughout that time I was in quar- sides in this bill. Those were the five To my staff, I am blessed with the antine, I had an opportunity to visit things we pushed for. Small business greatest staff a Senator could have. with thousands and thousands of Colo- was much in the bill that Leader They are so dedicated to the public radans through telephone townhalls in MCCONNELL put forward. All the rest, good. They are so dedicated to this every congressional district to hear we as Democrats have pushed hard for country. You should have seen them from individuals who have lost their and gotten in the bill. working. Gerry Petrella and Meghan jobs, to hear from business owners who Now there are other things too: sup- Taira have a little baby at home. Both were terrified about what happens port for American families, including of them have important roles in my next, to hear from parents who are at childcare, education, senior care, hous- staff. They met here. They got mar- home with their kids who are out of ing and more. One thing of particular ried. They are still here. They worked school, not knowing if they go back at importance to my State is public tran- day in and day out—but so was every- all to school; how to figure out how sit. The MTA is drowning after such a body else—so was everybody else. I Zoom works, how to figure out how steep and sudden loss of ridership. want to thank my staff. If the Amer- Skype works, how to figure out how Democrats asked for and now have se- ican people saw the work you did, they technology works to teach their kids cured a $25 billion life preserver to would be so proud. So thank you from at home. keep those public transit systems the bottom of my heart. Throughout this process I adopted a afloat as well. It is not just big cities. Our colleagues and our staffs have three-pronged approach to what we The bus systems in rural areas will de- committed themselves in this way be- must do as a country to get through pend on this as well. cause they understand the sacrifices the crisis at hand. No. 1, we have to ad- The bottom line is this. This bipar- being made by the American people in dress the immediate health epidemic: tisan agreement will provide more re- homes and hospitals across this great what we are doing to, as the experts sources to our public health system Nation: the working families who are say, ‘‘flatten the curve’’ to stop the and protect American workers of all at home missing paychecks, playing spread; to provide the resources, the stripes. teacher and provider and caregiver all tests, the protective equipment that we Now, as I have said before, this bill is at once; the thousands of Americans need through our States to make sure far from perfect. Many flaws remain, who are volunteering to help under- that they can fight this invisible virus; some serious; but by no stretch of the staffed medical facilities; the small what we can be doing to give them the imagination is this the bill Democrats business owners who are watching the tools and the skills they need for the would have written had we been in the labor of their lives evaporating in an heroic efforts of our frontline majority. If Democrats held the pen, instant but are still paying their work- healthcare providers—the doctors, we would have designed the assistance ers as much as they can manage; the nurses, clerical staff, janitors, classi- to troubled industries in a completely nurses and doctors and healthcare fied workers—all of the people who different way. We would have added workers who know better than anyone have been so heroic to provide even more support for Medicaid, hos- the risk of contracting this disease by healthcare to our people. That is phase pitals, community health centers, treating infected patients, who go to 1, making sure we stop this epidemic nursing homes, and new patient protec- work every day working longer shifts and address the needs of the American tions to ensure that everyone with to do God’s work anyway. To them and people. coronavirus can access and afford to all Americans, I say this: Help is on Prong 2 of this three-pronged ap- treatment. We would have increased the way. Big help, quick help. food assistance. We would have in- We are going to take up this bill and proach is about making sure that we cluded more relief for student bor- pass it to care for those who are now provide individuals with immediate as- rowers and prohibitions on evictions caring for us and help carry millions of sistance: people who are terrified about and foreclosures on Americans for the Americans through these dark times. what happens to their job, how they duration of the crisis. We have gotten This is certainly not the end of our are going to make ends meet, what many of those but not all on evictions work here in Congress but rather the they are going to do to put food on the and foreclosures. We would have put end of the beginning. The crisis con- table, how they are going to pay their workers first in every single part of the tinues to deepen. There will be difficult rent, how they are going to pay their bill. days ahead and the worst may be yet to mortgage, will they have a restaurant That is what we tried to do here as come and we certainly may have to to go back to. That is prong 2 of this much as possible, but Senate Demo- come back and do further legislation, approach. crats are not in the majority. We knew but we know right now help is on the Prong 3, of course, is to get our busi- this bill had to pass muster with the way, and we will not stop working nesses up and running again to make Republican administration, and a fail- until we see our Nation through this sure that when this health epidemic is ure to reach an agreement in this time time of extraordinary challenge. over—this health emergency is over, of deepening, serious, painful national I yield the floor. we can make sure we have an economy crisis was simply not an option. We The PRESIDING OFFICER. The Sen- that snaps back and runs strong. We have before us an imperfect bill but a ator from Colorado. will do that because we as a country necessary one. Despite its flaws, it is Mr. GARDNER. Mr. President, it is will rise together. We will do it united. far better than where we started, and it great to be back on the floor of the We will do it because we in this coun- is time to pass it. U.S. Senate. It is a heavy obligation try know how to overcome great chal- Now, before I yield the floor. There that we have before us. lenges. are some people I have to recognize: On March 17, I was contacted by the We are taking these measures to the Republican chairs and the Demo- Tri-County Health Department to no- quarantine and self-isolate not because cratic ranking members and their tify me that on March 11 I had been in we are fearful of the virus, not because staffs who have worked diligently on a meeting with a Coloradan who later we are afraid of what will happen if we this legislation; Senators Leahy, tested positive for COVID–19, and at don’t, but we are doing it out of love Cardin, Shaheen, Warren, Reed, Peters, the advice of the Tri-County Health for each other. We are doing it out of and Wyden, and so many more I could Department and the attending physi- love for our neighbors, community, our name—the whole caucus and their en- cian in the Capitol, I entered self-quar- parents, our grandparents, and our tire staffs—thank you. This bill is bet- antine to protect my colleagues, our children.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.009 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2028 CONGRESSIONAL RECORD — SENATE March 25, 2020 We take the guidance of health ex- Phase 3 addresses all three prongs of them the ability to know it is going to perts and public policy experts seri- my approach and addresses the health be OK, to know that the small business ously because we want to share that emergency. It addresses assistance to loans that are being made available love with people to stop the spread so individuals, and it addresses the ability will help that restaurant stay in busi- that we can avoid the surge that can of our economy and businesses to snap ness. overwhelm our healthcare systems be- back when we address this health You know, I talked to Eve in Aurora, cause we know, under the best case sce- emergency. It needs to pass now. It and she didn’t know how she was going narios—the best case scenarios—we are should have passed days ago. to survive because, yes, she converted looking at a situation that can utilize I don’t think the American people her whole business to takeout, but she 95 percent of every hospital bed in this give a hoot whether this idea was a Re- didn’t know how successful that would country for the next year. We do this publican idea or a Democratic idea. I be. out of love for each other and for our can tell you that on my tele-townhalls To Roberta in Pueblo, who had the community and to protect one another. I did and in my conversations I have same questions about how her res- In Colorado right now, we have had with American people around the taurant was going to survive, this roughly 1,000-plus confirmed COVID–19 State of Colorado, they haven’t once small business loan will be able to help patients. We have lost 12, perhaps more said to me ‘‘Well, we hope the Repub- people pay payroll, to bring those back by the time I am giving this speech lican-only version passes’’ or ‘‘We hope onto payroll whom they may have let today, in Colorado. These lives, those the Democratic-only version passes.’’ go because they didn’t know how they who have tested positive, their loved That is not what they are saying. They were going to make ends meet, to pay ones are all in my prayers today. are saying ‘‘Do your doggone job be- them, to pay their utilities, to pay The Governor of Colorado obviously cause we are scared about what hap- their rent, to pay their mortgages, and is issuing the emergency declarations. pens next.’’ to have that loan forgiven to keep this I spoke with the Governor a few min- So pass the relief that we need to get economy in a place where it will be vi- utes ago to talk about how we can con- them back on their feet, to make sure brant again because that is what we do tinue to provide the resources that Col- they know they are going to be able to in this country. We don’t look back; we orado needs. Over 2 million people have food on the table and to pay rent. look forward. And in Colorado, we look across the Denver metro area are now I can’t imagine what somebody who for up at that great Rocky Mountain hori- in some kind of a shelter-in-place 50 years built a small business must be zon, and we don’t look down. We look order, ordered to stay at home. going through every hour we delay, up, and we see the next horizon, and we Our Nation is uneasy, our future is wondering if that 50-year dream is strive for that optimistic next day. uncertain, and the level of anxiety that going to stand and survive. That is what we do in Colorado, and I our country faces is the highest I have Shame on the people around here know this country does the same. ever seen it, but we don’t need to have who said ‘‘You know what, let’s have 1 You know, I talked to a 70-year-old uneasiness about our future because we more day of delay, 1 more hour of Coloradan in Weld County, CO, who, on will rise together; we will come to- delay’’ because a Republican could get a tele-townhall—you could hear it in gether as a nation to overcome this. their way or a Democrat could get her voice. She didn’t know what she We know that our future, the future their way. When I was at home, not was supposed to do because she was of this Nation, will be prosperous once did I hear anybody say ‘‘Could older than the experts say should be again; that our economy will be thriv- you stall a little bit more for partisan out and not following guidance, but, ing again; that our communities will purposes?’’ she said: I can’t find the disinfectants be able to celebrate what we have over- The American people are rising above and the cleaners that I need. How do I come because that is what we do in the fray. They are meeting this chal- find that? So we were able to find her this great Nation. We rise. We rise to- lenge in the spirit that I hear in every relief. gether. We stand together. conversation I have. They are donating The grocery stores have stepped up, Coloradans have stepped up in every blood. They are sharing that love I and they have provided special hours way possible. In a uniquely Colorado talked about with their neighbors and for people. They are delivering to peo- way, you have hemp businesses that their communities. They are figuring ple like the woman I spoke to. They are now producing cotton swabs for out new ways to be together even when are providing information to their medical needs; you have whiskey dis- we are supposed to stand apart. That is communities. They have clerks, they tilleries that are producing hand sani- what the American people are doing. have cashiers, and they have people tizers for hospitals and for home And we are bickering about phase 3. stocking the shelves who are on the healthcare; we have protective equip- We will have phase 4 and phase 5, but frontlines of this fight as well, keeping ment that is being donated by the Den- do you know what we have done? In- our communities safe. So to all of ver Broncos and by the marijuana instead of patting ourselves on the back, them, I say thank you for the work you dustry and by so many other businesses do you know what we have done? We are doing each and every day. across the State of Colorado which are have managed to get back, I hope, to It is important to recognize in this stepping up in ways that make all of us the starting line. We didn’t run country that we have seen great chal- proud. They are checking on their through the tape. We haven’t finished lenges. I remember my grandmother, neighbors. They are checking on their the job. We have made it, I hope, to a who passed away this past year, talk- friends. They are making sure that el- place where we can now know we are ing about her experiences in the Great derly people in their church whom they back at the line and we can run to- Depression. This country has been have met are OK, making sure that we gether to fix what will be tremendous through the Great Depression. We have check in with our loved ones and those needs and to address the tremendous been through the great recession. We around us. needs of this country and to answer the will make it through the great infec- We have been able to get successful anxiety every single one of our con- tion. That is what we do as a country. tests up and running in different places stituents has. That is what Congress That is who we are as a people. across Colorado, helping different orga- should do. That is what Congress must The Senate will approve this bill nizations and different healthcare fa- do. I am glad and I will be proud to today, and the House must approve it cilities find new ways to process this vote for this bill today because we have without delay—no excuses; no delay; overwhelming burden. to get this job done, and there is more pass the doggone bill now. The Amer- As this place has passed phase 1, work to do. ican people have expected this for a which gave millions of dollars to the We have to make sure people under- long time. It shouldn’t have taken this State of Colorado and so many States stand that the recovery benefits they long. Do your job. Do our job. Get this around the country, and as we passed are going to be receiving will help an- done. phase 2, which prepared additional swer that anxiety, to hopefully give We will act out of love for our com- testing and nutrition programs and them hope, and that the new categories munities. We will act out of compas- other ways to meet this challenge, we of unemployment insurance that have sion, and we will rise to the spirit that now turn to phase 3. been created under this will also give has made this country great.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.010 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2029 I have heard so many of my col- priority—our very first priority—is to healthcare workers have the protective leagues come together and talk about deal with the public health challenge. gear that they need and our patients wartime footing, or they have talked This is including what is happening in have the medical facilities and the res- about how we have mobilized in a way my State of Maryland and what is hap- pirators that they need. that maybe the people have never seen pening in every State in our Nation. We have also plussed up the work in their lifetimes. It has reminded me, I am pleased that in our State it is being done to deal with the develop- though, of what Thomas Paine wrote in ‘‘Team Maryland.’’ Our congressional ment of a vaccine. I am pleased that ‘‘The Crisis’’ during our Revolution, delegation is working very closely with NIH is getting the monies they need in which, actually, George Washington Governor Hogan and his cabinet, and order to do the work. We know that we read to his troops. Here is what Thom- we are working closely with our county are not going to have a vaccine in time as Paine said: executives and our mayors and our pri- this year, but we want to make sure I call not upon a few but upon all; not on vate sector to do everything we can to that we get it as soon as possible and this state or that state, but on every state; protect the public health of the people that it is on a fast track. These funds up and help us; lay your shoulders to the of our State. will help us develop that vaccine for wheel; better have too much force than too We have done what we can locally to the future needs of controlling this little, when so great an object is at stake. make sure that testing is available so type of a virus. Let it be told to the future world, that in we understand the dimensions of this But, in the meantime, we are also the depth of winter, when nothing but hope and virtue could survive, that the city and problem, and the Governor has taken putting resources into therapeutic the country, alarmed at one common danger, extraordinary steps in order to in- drugs—drugs that could help people came forth to meet and repulse it. crease our medical capacity in the who are sick today. Those drugs are We were taught in Sunday school likelihood that we are going to see a not yet available, but we want to make that our struggles lead to persever- significantly increased number of those sure we do everything we can to make ance, that perseverance leads to char- people who have the coronavirus. them available as soon as possible. acter, and that character gives us hope. Yes, we need to stay at home unless FEMA, or the Federal Emergency We will get through this, America. We there is an urgent reason for us to be Management Agency, has been bumped will start with this bill. We have a lot outside. I am frequently asked by my up substantially in this bill and for more work to do, but to my colleagues: friends why don’t we do as much as we good reason. That brings me to the Do our jobs. Get it done. No excuses. can in the U.S. Senate remotely. I point that is a major improvement I yield the floor. think we should, including voting. So that has been brought to this legisla- I suggest the absence of a quorum. we need to distance ourselves and mini- tion to help our State and local govern- The PRESIDING OFFICER. The mize social contact in order to prevent ments. They are the frontlines of pro- clerk will call the roll. the spike of this disease, which would viding these public health needs, and The legislative clerk proceeded to test our medical capacity to handle it. we need to provide them the resources call the roll. So I was pleased that the third sup- they need. So FEMA needs to be prop- Mr. CARDIN. Madam President, I ask plemental—the agreement that has erly appropriated. We have the money unanimous consent that the order for been reached that we will vote on, in here to help FEMA, but we also need the quorum call be rescinded. hopefully, today—does have a surge in direct help for our local governments The PRESIDING OFFICER (Mrs. our medical capacity, a Marshall Plan, to deal with this problem. We see that LOEFFLER). Without objection, it is so to deal with our healthcare needs. our State and local public health offi- ordered. I could go through a lot of the spe- cers are getting extra money for better Mr. CARDIN. Madam President, the cifics. I think some have already been reporting, so that we know exactly people in this Nation are hurting. We gone through, but I particularly appre- what the status is in each of our com- know that. They are very concerned ciate the fact that we have $100 billion munities. All of that is important for about their own health. They are wor- for our hospitals and healthcare facili- our Marshall Plan to control this dis- ried that they may be carrying the ties, including clinics, in this bill. I am ease and to get it under control. virus and may take it home to their el- pleased that there is a 20-percent in- But I wanted to take this time to derly parent, who could come down crease in hospital reimbursement talk about a matter that I was working with the virus. They are worried about rates. on for small business, and I mention how long this social distancing and I thank Senator GRASSLEY and Sen- that, recognizing that we have to get commuting from home and staying at ator WYDEN for including in that provi- our economy back on track. The best home are going to be required in order sion a unique clause for the Maryland way to get our economy back on track to control the spread of the virus. They hospitals so that they can be qualified is to get this virus controlled, enable are worried about their economic cir- for this. As I think some of you know, people to be able to get out, to work, to cumstances, whether they are going to Maryland has an all-payer rate struc- buy, and to participate in our econ- get a paycheck. ture, and we had to make sure that omy. That is the best thing we can do. I am pleased that, today, we have an these provisions would apply in Mary- But this package also recognizes that agreement with our leaders to move land. I thank them for their attention unless we help businesses and workers forward on the third stimulus package to that detail. today, we are not going to be prepared to deal with this crisis of COVID–19. There is also money in here for our for our economy when we are able to I, first, want to express my apprecia- hospitals to be ready for preparedness, rebound. tion to our leadership. I have been in which I think is extremely important. So my role as the senior Democrat on daily, almost hourly communication And there is a separate line appropria- the Small Business Committee, work- with Senator SCHUMER, and I know how tion for our community health centers ing with Senator RUBIO, the chairman hard he has worked to make sure that and our federally qualified health clin- of that committee, was to make sure this package really deals with the med- ics. That is critically important there. that we had a robust provision to pre- ical emergency we have and deals with They are being stressed as the needs serve the growth engine and innovation the workers, to make sure they are are increasing and as the cost of treat- engine of our economy, and that is protected and they are protected in ment is increasing. small businesses. There is more job whatever we do; that it provides the We need to replenish the national growth for small companies, and there help for State and local governments; stockpile. We know the concerns for is more innovation for small compa- that it provides the much needed at- protective gear. We know that. We nies. We need to preserve the ability of tention to these particular issues; and know that ventilators and respirators small companies to get through this that we have accountability for any of are in short supply. We have to make time. the monies that are going particularly sure that we have adequate replace- Quite frankly, they don’t have the to our largest companies in this coun- ment of what has been taken out of our same deep pockets that large compa- try. national stockpile and available now to nies have. They don’t have the same So I want to express my apprecia- deal with the surge that is coming availability of credit that large compa- tion. I am very pleased that our first under any scenario, so that our nies have. They don’t have the same

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.011 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2030 CONGRESSIONAL RECORD — SENATE March 25, 2020 banking arrangements that large com- we do. We want to get the message out It works very well with the other panies have. They don’t have the flexi- that this is going to be immediate help provisions that are in other parts of bility that large companies have. So we to help America’s small businesses. this bill, such as the unemployment in- have to provide special attention to One program provides $350 billion of surance benefits. Yes, if you furlough small businesses, and this package does relief to small companies under 500 em- workers, you can collect unemploy- that in a very, very robust way. ployees—$350 billion. It is triggered by ment benefits at basically full salary I already mentioned Senator RUBIO. I going to your financial institution and for the next 4 months, so that is also thank him for his leadership. The two getting what is known as a 7(a) loan. available to small businesses. But we of us were working together well before But let me caution you, it is going to want you to also know that you can this week, and that is why we were be forgiven if you follow the rules here. keep your employees employed—there, probably further along in helping small You go to a bank or a financial insti- ready for the business to rebound—as businesses than the other parts of this tution; you do a 7(a) loan; it is 100 per- we hope it will shortly. package dealing with the various eco- cent guaranteed by the Federal Gov- So that is just one program. We have nomic areas. ernment, so the bank has no risk factor other programs available. We have a Senator SHAHEEN was a valuable here. There are no payments due for a new program which is labeled as a Member of our team. I have worked year. So, even getting into this loan, grant, a $10 billion grant program for with Senator SHAHEEN on small busi- there is no obligation for cash outlays emergency cash availability for small ness issues for a long time. She was a on behalf of the borrower. The fees businesses. key player in putting together the have been waived, so this is a cost-free There are many small businesses package that we have to present to our opportunity to get the cash you need that have a hard time going to a bank colleagues here in the U.S. Senate. to keep your small business open. That and getting a commercial loan. There I also want to acknowledge Senator is the purpose of this new program are many small businesses that need COLLINS. under the Small Business Administra- cash today; they can’t wait for that It was the four of us who were meet- tion. process to work its way through to get ing regularly and communicating regu- The amount of the loan: You take that check from the Small Business larly and who recommended this pack- your average payroll before the Administration through one of their fi- age that we will shortly be voting on as coronavirus was here—you take your nancial institutions. It is going to take it relates to small business. monthly average payroll and multiply a little bit longer for them to be able Also, if I could, I would like to ac- it by 2.5. Basically, what you are get- to get that done. knowledge members of my own staff ting is 2 months of payroll for your So we have emergency disaster relief who have worked literally 24/7. I have workers plus an extra—it comes out to loans in the first supplemental. We talked to them at various times during an extra 25 percent of your payroll be- made it clear that small businesses the night and day. It has been very cause it is 2 months of that. qualify for emergency disaster relief Now, what are the eligible expenses? stressful for all of us, but our staffs get loans if they have been adversely im- What can you use this for? Well, you no rest whatsoever. pacted by the coronavirus. These are can use the 2 months of payroll for So to Sean Moore and the entire staff direct loans coming out of the Small payroll. Pay your workers. Keep them on the Democratic side of the Small employed. It saves you the cost of re- Business Administration. These are not Business Committee, thank you on be- hiring if you had to furlough or lay off loans that are from financial institu- half of America’s small businesses and workers. You can keep them employed. tions. workers and on behalf of our country. We have included that in the first You can use the extra funds to cover And to Ron Storhaug on my staff, supplemental. We now allow you to the expenses that you have on their who has been working on a lot of these healthcare or related expenses. make that application, and with that provisions in regard to the tax issues You can use the extra 25 percent for application, if you need to get cash im- and in regard to a lot of these issues, I rents or mortgage payments or utility mediately, the SBA can write you a thank him for all of his work. bills. So it gives you cash to conduct check for up to $10,000. And we want And to Lauren Jee, who is our health your business for the next 2 months. It that done within 3 days. We want that person, who has not only helped us put gives you the ability to keep afloat so money out in days, not weeks. We hear together this small business package, that you are ready to rebound when the that all the time from small busi- but she has been available to help economy rebounds. nesses: We need help now. Maryland health providers and patients Who is eligible? As I said, companies I was pleased to work on this pro- to try to get through where we are under 500, but we went beyond the tra- gram. I filed legislation on it. This is a today. All of that is reflected in the ditional 7(a) eligibilities. For the first need that is out there today and will be bill we will be voting on later. time under 7(a)s, we are also allowing available to small business owners. I know on the Republican side, there nonprofits to be able to get into this Now, we have a third program. Those has been dedicated staff who have done program so that they will also be able are two programs where you can get equal work to ensure that we have a to stay afloat because we know the im- this, basically, 2-month help from the bill that we can present today. portant work that nonprofits do for our Federal Government to pay your pay- Let me go over, if I might, some of community. They are also eligible. roll and related expenses. You can get the provisions we have in here for And we gave some relaxation to the a $10,000 immediate cash advancement small businesses. We have three new 500 rule for locations—for restaurants on that through applying for a disaster programs—three new programs—to or hotels that have multiple locations. relief loan and showing a need at this help small businesses in our commu- This is a program that is aimed at stage. nity. They will have different titles, keeping businesses open and ready— Then, there is a third program. There but every one of them provides grant small businesses—for when we get are many small businesses today that help to small businesses. I want to re- through this coronavirus. Then this have existing loans under the Small peat that. You might hear this is a amount of money that you borrowed is Business Administration. These are loan. No, these are going to be funds totally forgiven—totally forgiven—if 7(a) loans or 504 loans. The 7(a) is the that go to small businesses that do not you maintain your workforce to the traditional loan. The 504 are the larger have to be repaid. These are grant precoronavirus level or bring back your loans. monies. Why? Because a small business workforce to the precoronavirus level What this bill does is provide $17 bil- owner can’t incur more debt today during the stated period of time of this lion of relief so that those who have when they have no idea how they are bill. these existing loans do not need to going to be able to survive in the fu- So, if you keep your workforce or make any payments on those loans. ture. We have to provide immediate bring back your workforce, the govern- They are forgiven for the next 6 help—immediate help. It has to be sub- ment is going to help you maintain months. stantial, and it has to be in a way that your ability and make sure your work- I particularly want to acknowledge they know that they are not encum- ers get paid and their benefits are Senator COONS’ work on this. This is a bering their future. And that is what maintained. bill that we have been working on, and

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.013 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2031 it is only reasonable—we are asking businesses operating—paying their It was a dignified transfer in Tulsa, others to relieve debt. Let us do it for workers—so that they don’t have to re- OK, early this morning. There were a our small businesses under the 7(a) and invent their employees after this crisis lot of people who wanted to be there 504 programs. is over, so that they can keep qualified but, because of COVID–19, could not. A So there are a lot of provisions here people employed, they get the pay- lot of other folks were. that help our small businesses. I want checks, and our economy is ready to Technical Sergeant Marshal Roberts to tell you that, in addition to those get back into shape. was killed in Iraq Wednesday, March three I just mentioned, I am pleased Now, there are many other provisions 11, when his unit was engaged by direct that we do have contract protection in in this bill, including the cash pay- enemy fire while they were sleeping. this bill. Let me explain what that ments under the IRS—$1,200 per tax- He was 17 miles north of Baghdad. means. If you are a business and have a payer—that will help in this regard. He was deployed by the 219th Engi- contract with the Federal Govern- When you put this all together, this is neering Installation Squadron, the sub- ment—this applies to all businesses, a robust package to hold our economy ordinate unit of the 138th, out of Tulsa, not just small businesses, but small so that it can perform at a level that it OK. He was in the process of building businesses are particularly impacted is ready to take off again without the communications infrastructure as part by it—but you can’t perform that gov- dire consequences of people not having of the fight against ISIS. The operation ernment contract because you can’t income in order to pay their bills. that Roberts served in, Operation In- get access to the facility because it is Through these small business provi- herent Resolve, has been a vital part of shuttered as a result of the sions, small business owners can keep protecting our Nation and bringing sta- coronavirus, this bill allows the Fed- their businesses intact. Through unem- bility to the region. eral Government to make sure you ployment insurance, those who are laid Roberts enlisted in the Oklahoma Air have adequate funds available to pay off or furloughed can get their salaries. National Guard in May of 2014. He was your workers so that those individuals Through the IRS checks, people will killed in action as the first Oklahoma who should have been working at the have some cash. Through some of these Air National Guardsman who has died but the 20th Oklahoma National Federal facility will get paid during other programs, we are providing re- Guardsman who has died since Sep- this period of time. lief, like delaying the time of paying We have also provided money for the the employer share of the FICA taxes. tember 11, 2001. The perpetual comment that I heard Women’s Business Centers and the Mi- You put that all together, there is a from the folks to whom I spoke about nority Business Development Agencies lot of help out here to keep our econ- Tech Sergeant Roberts was that he was that are there in our community. Why? omy going during this crisis, with par- one of the good guys; he was always Because we have got to get the mes- ticular focus on the workers and on known for having a smile on his face; small business. sage out to small businesses about he was selfless; and he served others all these new tools, how they can access The last point I should point out, the self-employed, the gig economy, are the way to the end. banks to get these 7(a) loans that are The night of the attack, there was a fully covered under the small business forgiven—that are actually grants, how truck launcher that fired off 30 provisions. They are fully covered they can apply to the Small Business Katyusha rockets at their camp as under the UI provisions. We are trying Administration for disaster relief loans folks were sleeping. Eighteen of those to make sure that we preserve our and get a cash advancement and how rockets landed inside the camp facil- they can get relief from their current economy; that we preserve workers and ity. 7(a) and 504 loans. their families and their abilities to pay As the noise happened around them, So we give money to these entre- their bills. Sergeant Roberts told his fellow air- preneur service groups so that they can I think, when you take a look at this men to get up, get going, and get their help women businesses and minority whole package, the challenge will be to body armor on. As he stepped away to businesses get access. get the information out to our con- go warn other people to do the same, We have also put a clear intent that stituents, to these businesses, to these the rocket came. But he saved the lives we expect the financial institutions to workers, so they know what is in this of some of the people standing right make loans to all size small businesses package so that they can act now be- there whom he had told to get their in all communities so that all commu- cause, quite frankly, people are des- body armor on. nities can benefit from this legislation. perate, companies are desperate. He was posthumously promoted to We have increased the size of Express When malls are closed, as they are in technical sergeant. loans under this. And I just want to Maryland, and you are operating a He was born January 29, 1992, in compliment the work of other working small business in that mall and have Tulsa, OK. Marshal’s parents, Sally groups, particularly on the tax provi- no business at all, you don’t know how and Randy, raised him in Owasso, OK, sions. I was very pleased to work with you are going to make your next pay- where he graduated from Owasso High Senator WYDEN. The two of us worked roll, you have to make decisions today. School. on what is known as a retention credit, That is why it is important that we He has a beautiful daughter, Paityn, which allows companies that have fur- vote on this bill today, we get it to the who has been the love of his life. On loughed workers to bring those work- President as soon as possible, get the November 15, 2018, Marshall was mar- ers back and get a credit up to 50 per- information out to the small busi- ried to Krissy Harris. She was also in cent of that wage, up to $10,000, as a nesses and to the workers and to all the 138th. They met and started dating, tax credit in order to bring back those businesses that we are here to help both being part of the Air National workers. keep them open, to keep the paychecks Guard. Well, for some small businesses, that flowing, to keep our economy moving; Their deep love for God, their deep may be a better option than what I that we are in this together. We are love for their country, and their obvi- have outlined before in regard to the going to get through this period of ous love for each other was a signifi- 21⁄2 months of aid based upon payroll. time. Our economy is going to come cant part of the 138th. Everyone who You have a choice. If you can do bet- back. knew them, knew what they were like ter under the retention credit—it is a We want you to know to take advan- and were glad to be called their friends. new credit—use that credit; if not, use tage of these tools so we can minimize He was a brother, he was a son, he the other. Small businesses are given the adverse impact of the coronavirus. was a father, and he was a husband. more flexibility. With that, I yield the floor. Our State and our Nation grieves him Thank you, Senator WYDEN, for help- The PRESIDING OFFICER. The Sen- today coming home. ing us. I also want to acknowledge Sen- ator from Oklahoma is recognized. A fun story about him and Krissy, ator WARNER, who was very instru- HONORING OUR ARMED FORCES though, is that they met and started mental in getting that provision adopt- TECHNICAL SERGEANT MARSHAL ROBERTS dating, as I mentioned, while they were ed. Mr. LANKFORD. Madam President, both serving in the 138th. She had been So you see that there are a whole this morning, Technical Sergeant Mar- in the 138th for 15 years. So she had ac- range of tools in here to keep small shal Roberts of Oklahoma came home. tually been there longer. They dated

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.014 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2032 CONGRESSIONAL RECORD — SENATE March 25, 2020 for 4 years before they got married in It has a grant program for larger What has been interesting, though, is 2018. They had been married just less businesses that is designed to say: If in the speeches that I have heard on than 2 years. you are a very large company, you are the floor today from my colleagues and They were both avid football fans, not going to get a grant; you are going from many individuals in releases I but there was a major problem. Krissy to get a loan in this process. At the have seen, folks have mentioned their is a Kansas City Chiefs fan, and Mar- moment you get a loan and, if you prayer. They have mentioned: With shal was a Pittsburgh Steelers fan. don’t have capital and you don’t have God’s help, we are going to get through That is a problem—definitely. But he access to it right now because of all this. They have mentioned the struggle fixed that by proposing to Krissy at the that is going on, you could get that. we are going through as a nation and Steelers-Chiefs game. This also has a feature built in where how we are praying for each other. I have to tell you that for the family, individuals will receive a check for It keeps reminding me of something. for the folks who stood there today in $1,200. Every adult does. That is built It is a very old psalm of ascent, Psalm Tulsa as he came home, they found a in to get immediate economic support 121. When the Jews would come into way to love each other and found a way to all those folks across the country. Jerusalem for the different feasts, they to serve each other. And to the very All of those features were already in would sing these psalms of ascent as end, they are still sacrificing for the the bill through Sunday night. There they came off the eastern hills and have been some tweaks that some folks country. Because of the COVID–19 that would start rising up toward Jeru- have brought up that some of our is happening right now, they have cho- salem. The song they would sing, I Democratic colleagues wanted to en- sen not to have a public memorial serv- think, is pertinent for our time right gage in. Many of those changes have ice—in a close time for the family—and now. Psalm 121 reads: they are delaying that time until it is been heard and been added, and to some we have said: Absolutely not, it is I lift up my eyes to the mountains. safer for all of the family and for all of Where does my help come from? the community to be able to partici- not connected to COVID–19 at all. There are things that some of our Remember that the mountains here pate. Literally, their family continues are the capital city Jerusalem. It is the the grief and the weight—one more sac- Democratic colleagues wanted to make sure got in. Through all the negotia- seat of government for them and the rifice for their country and for their tions, some of these things were center of worship. But it is the seat of community. changed. For instance, they wanted to government for them. Today, all of Oklahoma is using a They would sing: hashtag to share messages with the make sure that energy companies I lift up my eyes to the mountains. family—a simple hashtag: ‘‘#TSGT couldn’t get any support. So they fought hard to make sure there is no Where does my help come from? Marshal Roberts’’; that is, hashtag My help comes from the Lord, the Maker of Technical Sergeant Marshal Roberts, if additional money for the President buying additional oil to put in the stra- Heaven and Earth. you want all of the abbreviations on He will not let your foot slip. tegic petroleum reserve at this lowest it—to share a message of support and He who watches over you will not slumber. price now. So it will actually cost us love for the family. Indeed, he who watches over Israel will nei- Our Nation is grateful, and we grieve more money in the future. But it was ther slumber nor sleep. with you for the loss today. Thank you their intention to say that we don’t The Lord watches over you. to him and to his family for wearing want oil companies to get any support The Lord is your shade at your right hand. The sun will not harm you by day, nor the the cloth of our country and for doing in this downturn. They also wanted to make sure there moon by night. everything our Nation asked of him to was great transparency because they The Lord will keep you from harm. the very end. Our Nation lives in free- didn’t trust the Trump administration. He will watch over your life. dom because of folks like Marshal Rob- The Lord will watch over your coming and So they built in an inspector general erts, and we will continue to stand going both now and forevermore. and additional people to watch the with Krissy and Paityn and with their Treasury through the process. They It is interesting to me that the peo- family. put in a neat little feature they de- ple would come in marching into Jeru- With that, I yield. salem, the seat of government, singing The PRESIDING OFFICER (Mr. manded, which was that no son or daughter or family member or any in- the song: PERDUE). The Senator from Oklahoma. dividual that works with the Presi- I lift up my eyes to the mountains. CORONAVIRUS dency, Vice Presidency, or the Con- [But] where does my help come from? Mr. LANKFORD. Mr. President, we gress could get any of—not the grant My help comes from the Lord. are in the process of passing a very programs—the loan programs. In fact, Of all the things that are going on in large economic package to help sta- the language they demanded was inter- Washington, DC, right now, you will bilize our economy through the middle esting: No son-in-law could get that. I hear people repeating over and over: of all that is happening with COVID–19 wonder: Who could that be targeted to- Our hope is not in government; our globally and in the United States. The ward? A particular son-in-law that hope is not in how much money we can heart of the package we are passing might be there. spend. today is almost identical to what we Literally, a lot of this fight we have We understand full well, when we lift brought Sunday night, which was a bi- had over the last 3 days is because they up our eyes to the mountain—to this partisan proposal, which ranking mem- were demanding that there was no way hill. We understand full well where our bers and chairmen of all the major the President or any of his family help comes from, and it is not from all committees had worked together to get could get any kind of loan or benefit the folks in this room. Our help comes done. The key elements of it are still from this program at all. We spent 3 from the Lord, and we are grateful that there. It has unemployment insurance days—3 days of delay—because they He neither slumbers nor sleeps. for Americans, including a $600 plus-up had some additional demands for some With that, I yield the floor. to go through the process. There is sup- things they wanted to do, significantly The PRESIDING OFFICER. The Sen- port for small businesses that will pay targeted to a lot of the President and ator from Arkansas. the payroll. We don’t want individuals his family. I understand they don’t like Mr. COTTON. Mr. President, the to end up on unemployment insurance. the President. I get that. We want to deadly coronavirus that emerged from It is better if they stay connected to do everything we can to protect the China late last year has now spread their same company. It has a unique workers. That is why we had all of across the globe. The Chinese Com- new proposal that is built in to say a these programs in place already and munist Party deceived the world, even small business can go to any bank rap- why we had done a lot of bipartisan their own people, and unleashed the idly to get a loan there, which will con- work to get it done. It is done now. worst pandemic in a century on us all. vert into a grant if they maintain their Let’s get it going. Now it falls to us to defeat it. current employee numbers. That keeps Our encouragement is to have the Here at home, a strange and unset- people connected to their business and House finish this up as quickly as pos- tling hush has fallen over much of the keeps people assured of a job at the end sible and to get the support to the country, as businesses close and mil- of all this when it finishes out. American people. lions of Americans brace for what is to

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.016 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2033 come. In New York, Seattle, New Orle- dren, live alone, or work outside the gradually get back to work. For that ans, and elsewhere, preparation for the home. They can’t wall themselves off to happen, we will need to scale up our virus has ended. The virus has arrived from the world nor should we wall ability to rapidly test for the virus, as in force. The urgent battle to suppress them in. they have in South Korea, so that we it has begun. Moreover, tens of millions of younger have a sense of where the virus is and In emergency rooms and ICUs, coura- Americans have preexisting conditions where we must keep it contained. geous doctors and nurses are already that put them at an elevated risk for Already, America’s public labora- locked in a battle to save the lives of this virus. Are we to quarantine all of tories and companies are rising to the their patients. Protective gear is in them too? Even younger and healthier challenge by processing tens of thou- short supply, but their regard for safe- Americans are not safe from this pan- sands of tests, but our ability to test ty and even family come second to demic. The China virus attacks the must grow even faster, and it is. We their duty. The days ahead will be a lungs of the young and the old alike. Of will need masks, too—billions of them. close-run thing in those cities, as they the cases we know, the virus appears to We will also need local personnel who struggle to keep their hospitals open send about one in seven younger people are trained and prepared to do wide- and functioning. But make no mistake. to the hospital. It is true that survival spread contact tracing for those who The China virus will spare none of us— rates for younger patients are better, test positive. We will have to develop from the high-rises of the big cities to but even their recoveries depend on procedures for the strict quarantines of the hills of the Ozarks. there being a functioning healthcare those who test positive or for those Soon, the Senate will finally pass system. who have been exposed to the virus— desperately needed emergency legisla- If we give up on our efforts to control with zero tolerance for breaking quar- tion for our Nation, including a mas- this virus now, our medical system will antine and endangering our fellow citi- sive infusion of funds to our healthcare be overwhelmed—hospitals will col- zens. system. But this legislation isn’t about lapse; care will be rationed; doctors Once these elements are in place and stimulus. It is about survival. will face the terrible choice of whom to the first wave of this virus has passed, With this legislation behind us, save and whom to let perish—and not then we will be prepared to reopen our Americans are beginning to ask: What just for patients of this virus but for cities and communities while remain- is next? Yes, the virus is testing us al- every American who needs intensive ing vigilant about new outbreaks. ready, and it has already touched most care, whether it be from a heart attack These preparations will ensure we are of us by closing our churches, shut- or a stroke or a car wreck or anything ready to sustain our way of life until tering our businesses, and threatening else. our scientists can create what we so the jobs and retirement savings of mil- Besides, if left unchecked, this dead- desperately need—therapeutic drugs lions of Americans and, of course, ly virus will continue to wreck our and, ultimately, a vaccine. A vaccine threatening our lives. It is only natural economy as surely as it has already. It may take a year or more before it is that so many are wondering anxiously was not President Trump who shut available, but these other intermediate precautions must go into effect much, when and how this unprecedented crisis down businesses, after all, and it really much faster. will end. And when it ends, will their wasn’t even the Governors and mayors, America must, indeed, reopen. When though they issued the orders. Govern- jobs still there be? How will they put we do, these decisions must be based on ment-enforced closures were largely food on their table? How will they pay local conditions, not an arbitrary na- rearguard actions by communities that the bills? tionwide timeline. Our Governors and Americans want to know the plans so had already ground to a halt due to the mayors understand their local condi- they can do their part. More fundamen- virus or that would have soon come to tions. They can make gradual, rolling, tally, they want to know that there is a wrenching stop in the teeth of the calibrated decisions in a way that is re- a plan. Upended routines combined pandemic. sponsible when the tools to effectively Who among us would take our kids to with worry about the future naturally fight this virus are ready and available. breed frustration. We are citizens, after a restaurant tomorrow if we opened What I have outlined may seem like all, not passive carriers of a deadly back up? Our economy isn’t seized up a daunting and even impossible chal- pathogen. because of government dictates but, lenge, but our Nation has overcome far This frustration has given rise to a rather, because our people are under- greater challenges before. Already, new and growing argument that Ameri- standably fearful of the dangerous America is rising to take on the China cans can’t wait any longer, that we virus. So an immediate reopening with- virus. The giant of American industry ought to open back up and take our out having the resources in place to is awakening and retooling our fac- chances with this virus. After all, we fight the virus isn’t an option. Our hos- tories to join this fight just as we did can’t stay inside forever. We can’t, as pitals would be overwhelmed, and our during World War II. Never bet against the saying goes, let the cure be worse brave doctors and nurses would suc- America’s workers and American inge- than the disease. The urgency to stave cumb to the illness. Our businesses nuity. All across this country, Ameri- off economic collapse is, of course, un- would keep their doors closed or would cans are springing into action. We derstandable. It is also tempting to quickly close their doors again as know the vital role our doctors and think that we face a simple choice be- workers and customers would stay nurses will play in the coming months tween shutting down to fight the virus away. alongside our first responders, our fac- and opening up to save the economy, The supposed choice between saving tory workers, our farmers, our grocers, but the choice is not so simple. the economy and fighting the virus and on down the list. Some thoughtful observers note that turns out not to be much of a choice at Ask yourself now how you can help. the seasonal flu and automobile acci- all. We can’t yet stop the strong meas- Can you keep your distance from those dents kill more Americans annually ures that are in place because we have who are most at risk, realizing that the than has this virus. That is true as far no better option in the short run, but China virus preys on our most earnest as it goes, but we are just at the begin- neither can we continue them forever, desires for society and companionship? ning of this pandemic. I have to add for the American people can only hold Can you offer your charity to a friend that the Javits Center in New York out for so long. So we must come up in need? Can you pick up groceries for City has never been converted into a with a better plan and fast. That plan your elderly neighbor? Can you keep field hospital for the flu or car wrecks. starts with this big pause as we protect your workers on payroll and benefits Granting that, some say, perhaps we ourselves and each other. We simply for just a little longer until our legisla- can reopen in a few days since our el- don’t have the resources today to fight tion kicks in? Can you postpone your derly are most at risk from this virus. any other way, but it will not end with tenant’s rent for a month? Can you Quarantine them. Keep them safe, the this approach. pray for the deliverance of our Nation argument goes, while the rest of us get We must use the precious days and and the world? back to work. Yet there are 72 million weeks ahead to lay the groundwork for These are just a few of the things we Americans who are over the age of 60 in a new strategy to fight the virus—a must do as a country to make reopen- this country. Many of them raise chil- strategy that will allow all of us to ing possible and life bearable in the

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.018 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2034 CONGRESSIONAL RECORD — SENATE March 25, 2020 months ahead. We are all in this to- They can pick up the phone, place their crisis, we in the Senate would pass it gether, so we will need to have each orders, and have everything they need expeditiously. As the saying goes, you other’s best interests at heart. delivered to their front doors within a can’t let the perfect be the enemy of Many years of comfort and ease have, few hours—all without having to leave the good. perhaps, conditioned us to ask only home. We acted quickly to get both bills to what we are free to do, not what we are We have also seen other organiza- the President’s desk because the cir- called to do. Yet the old disciplines of tions working to adapt to these chal- cumstances demanded it. Sadly, over peril and privation threaten to return, lenging circumstances. The Boys & the last few days, our colleagues on the and we will need old notions of duty to Girls Club of Greater Houston has other side of the aisle have been obliv- maintain order in the face of them. The partnered with the Houston Food Bank ious to the sense of urgency that every darkest days of this coronavirus are, in to open a drive-through pantry. Fami- other American seems to understand. all likelihood, still ahead of us. Let us lies can get a whole week’s worth of After the original, intense, bipartisan face up to them bravely. Let us ac- healthy meals without ever having to negotiations, we were finalizing a third knowledge the troubles ahead, and let step out of their cars. relief bill, which included, by defini- us devote our whole energy to winning Of course, it is not just the busi- tion, ideas from both Republicans and this battle quickly so that the normal nesses and organizations that are help- Democrats. We were optimistic that we life of our Nation can resume. ing out. People are helping other peo- would be able to take up and pass the I yield the floor. ple. People are donating blood to al- bill on Sunday or at least get it started The PRESIDING OFFICER. The Sen- leviate the critical shortages that hos- and pass the bill on Monday, but, clear- ator from Texas. pitals are facing. All of us, if we can, ly, that didn’t happen. Mr. CORNYN. Mr. President, during should consider donating blood. People Our Democratic colleagues blocked times of disaster, crisis, or hardship, I are leaving notes in neighbors’ mail- us from even debating the bill, not never fail to be inspired by the gen- boxes, offering to run errands and pick once but twice. The minority leader erosity of Americans, including the up supplies. On social media, school- said the bill, which his Members had folks in my home State of Texas. I teachers who are at home are offering helped write, wasn’t good enough. He think about how we came together in to help parents with their children’s spent the next 3 days trying to change the wake of Hurricane Harvey to lead math, science, or other subjects they the bill to include provisions that he search and rescue operations, clear de- may be struggling to teach their kids thought were more important prior- bris, and rebuild communities and while the kids are at home and not at ities during a national emergency— lives. We saw strangers forming human school. things like tax credits for solar panels chains to rescue a driver who was There are neighbors helping neigh- and tighter emission standards for air- trapped in a car; restaurants offering bors, friends helping strangers, and lines, proposals that have absolutely free meals to first responders; and a Texans helping Texans. That is one nothing to do with this crisis. Houston legend, known affectionately thing I love about this great country. After a few incredulous days, Amer- as Mattress Mack, opening his fur- Our communities always jump into ac- ica woke up to the news today that our niture stores for those who needed tion to help in any way they can. They Democratic colleagues are finally shelter. do what it takes to survive a crisis and ready to stop this posturing and this One volunteer said: I have met more to keep one another safe and healthy obstruction and get this job done. of my neighbors in the last 24 hours until we emerge on the other side. After blocking this bill twice and than I have in the last 20 years. It is time for the Senate to do its holding up this emergency lifeline, While these heartwarming stories of part. There has been no event in my here is what the minority leader claims Texans’ lending a hand to one another lifetime that has had this big of an im- as a victory: He says that Democrats are a source of comfort even during the pact on the physical and economic expanded unemployment insurance to toughest of times, right now, when ex- health of our country. Every day, we help laid-off workers and those who are tending a physical hand is one of the learn about more new cases, rising un- self-employed. But as we all know, that worst things you can do because it vio- employment, and unprecedented mar- was already part of the bill that had lates social distancing rules, there are ket volatility. We have a responsibility been negotiated between Democrats still plenty of neighbors who are help- to act and to act quickly in response to and Republicans. ing their neighbors. Folks in Texas, these dueling crises. Then the minority leader said that like around the country, are staying Already we were able to work and Americans will get direct aid, but we home to keep themselves and their send two bills to the President’s desk have been talking about that for neighbors safe, and we are seeing new for signature. The first sent vital sup- weeks. That was part of the bill that and creative means of supporting one port to healthcare professionals and Democrats blocked twice. another. first responders, who are doing every- Let’s be clear about this. Here we For example, a number of distilleries thing they can to treat patients and are, Members of the U.S. Congress, get- across the State have switched their prepare for more cases. ting a paycheck, and they have the te- productions from making vodka or We also provided initial funding for merity to block, two times, emergency whiskey to making hand sanitizer. development of a vaccine, clinical aid to people who have no income at all With demand surging and hand sani- trials, and more diagnostic tests. through no fault of their own? It is out- tizer in short supply, more and more The second bill we passed focused rageous. hospitals are struggling to keep it in more on the small businesses and the Then the minority leader said that stock, and these distilleries are step- individual workers who are impacted he secured unprecedented aid for Amer- ping up to fill the void. economically. It included changes in ica’s hospitals, but as it turns out, that Jonathan Likarish is the head dis- unemployment insurance so that those was part of the bill Democrats blocked tiller and cofounder of the Ironroot Re- who find themselves out of a job can twice. It was the subject of bipartisan public Distillery in Denison, TX. He promptly take advantage of these bene- negotiations and, we thought, con- said they received a call from the fits, and it made paid sick and family sensus. Texoma Medical Center and was asked leave available for workers impacted Well, the bill that Democrats blocked if he could help. Of course, he said yes. by the virus. That is what we did in twice was a bipartisan bill to begin Businesses like his aren’t alone. these first two bills. with. Democrats and Republicans Beloved Texas grocery chain H-E-B Were they perfect? Well, no. The sec- worked together and agreed to each of has taken steps to make shopping easi- ond bill, in particular, fell short in a these points before the first votes were er for seniors who are the most at risk number of areas. It was largely nego- cast. The minority leader’s Members if they contract the coronavirus. H-E-B tiated by Secretary of the Treasury had spent countless hours negotiating has partnered with Favor Delivery to Mnuchin and Speaker PELOSI, but we with Republicans—that is how you get take grocery delivery—a service many decided that, in the interest of the things done—but then he singlehand- Americans already utilize—and has greater good and the country and the edly tries to take credit for the work made it more accessible to seniors. people who were hurting during this that they have done.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.019 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2035 For days Democrats needlessly cause of a lack of demand and the cost China. From there, it spread rapidly, blocked a bill that would have bol- cutting that airlines are going through and it has had devastating con- stered our fight to defeat this virus and with the concerns about people shel- sequences. The economy is crumbling. protected our economy in the process. I tering in place, maintaining social dis- We are working desperately to shore it am absolutely angry that they chose to tance and good hygiene to stop the up. Innocent people have been in the waste so much valuable time when spread of this virus, Speaker PELOSI hospital or sick. there are so many different people in has created a terrible problem for her- I talked to one Tennessean this need. But I am also relieved that they self. But, more importantly, she has morning who said: I am happy to re- finally agreed to quit playing their par- created even more of a problem for the port my husband is coming back tisan games so that we could vote on rest of the country because we need to around. He has been suffering for the this legislation today. get this passed out of the Senate today last many days with COVID–19. This bill sends desperately needed and out of the House and to the Presi- We have the world’s healthcare pro- funding to hospitals that are strug- dent as soon as possible. fessionals, and what are they doing? gling to manage an influx of patients The American people are depending They are working to the point of ex- and helps fight the shortage of masks on us to respond responsibly in a bipar- haustion. and other personal protective equip- tisan way during an emergency like What we have is Beijing’s reckless ment—one of the priorities my Gov- this, and we cannot let them down. Communist dogma, and they are trying ernor had mentioned to me. The PRESIDING OFFICER. The Sen- to blame everybody else. It provides the direct financial assist- ator from Tennessee. Today we are going to move forward ance that was already in the two bills Mrs. BLACKBURN. Mr. President, with the rescue package. This is the that our Democratic colleagues you know, I have to say that last night phase 3 package. It is the fourth blocked. A family of four will receive was an unusually late night here in tranche of money. I am including in up to $3,400 under this legislation, Washington, and we were all impatient that the President’s emergency dec- which will go a long way in throwing and our staffs were impatient. The laration, which put about $50 billion that lifeline to them and cover their press was impatient. toward fighting this. As we do this and rent, groceries, electric bills, and other As we talked to people across the as we find our way forward on address- expenses until they can make other ar- State, what we realized was they long ing this, what we have to do is realize rangements, like apply for unemploy- have been running out of patience, and that our relationship with China is ment insurance under our beefed-up I talked about that some on this floor. going to need to change and change for provisions. But for every factory worker and hour- the better. There is no denying that This legislation will also provide rely worker and small business owner the way they have conducted them- lief for small businesses that are strug- and songwriter and gig worker—they selves has put that relationship on dan- gling to stay afloat. Many of these have all been telling me that they are gerous ground. businesses have had to shut down be- running out of time, and they have Today, I invite my colleagues to sup- cause they have been ordered by the really just been very anxious about port the bicameral S. Res. 553 and ac- government to do so, and now they what was going to come out of this knowledge that Beijing intentionally need some help to make sure that the Chamber. spread misinformation to downplay the jobs they currently provide will still be I know that in the days and weeks severity of COVID–19 and baselessly de- available when we get to the other side ahead, as we work through getting re- nied the risk of person-to-person trans- of this crisis, and particularly we need lief to communities and individuals mission of the disease. They refused to to make sure that the employees they and small business owners and large cooperate with international health depend on and will depend on in the fu- companies, there is going to be a lot of authorities, including the CDC. During ture will still be there when they re- blame that is going to be thrown the early days of the outbreak, they open their doors. around. There is going to be some who censored doctors and journalists. We With both the physical and economic are going to blame politicians. There all remember what happened with the health of our country in crisis, this are others who are going to blame the late Dr. Li when he tried to give us the bold legislation is our best path for- way the economy is structured. There warnings. On top of everything else, ward. I appreciate the work that has are others still who are going to blame they maliciously ignored the health been done by so many around the clock the healthcare system. But I will tell and safety of ethnic minorities. for the better part of the past week to you, I think there is a necessity to This is the easy part. The facts are get this bill finally to the floor, and I have a discussion about why we do there. All we have to do is acknowledge look forward to supporting it so that have this current crisis, and it is be- the facts that are there and use this as my constituents—the 29 million people cause of the leadership of the Chinese a beginning, because this resolution is, who call Texas home—will get help as Government, the People’s Republic of as I said, bicameral and bipartisan in soon as possible. China, that leadership in Beijing. the House. We have no reason to not As we prepare to pass this legislation We have gone around and around push it forward and send the message and send it to the House, I urge them with activists and media on the point, that we realize what happened to cause to act quickly. But you may recall it and I shouldn’t have to point out that a global pandemic. was Speaker PELOSI who flew back into when I say China is to blame for the After we acknowledge Beijing’s gross town after a weeklong recess, dropped spread of the novel coronavirus that we malfeasance, we are going to adjust the an 1,100-page bill, and made all these call COVID–19, we do not mean the Chi- way we think about China in the con- outrageous new demands, clearing out nese people as a whole. Yet we have text of the economy, our national de- their partisan or ideological out-box or some who do not want to say that is fense, technology, human rights, and wish list. where it came from. I think we should pharmaceutical manufacturing. Well, incredibly, now that there has stop that, and we should move forward When you think about it—the fact been an agreement here in the Senate with decisions based on fact and with that Beijing intentionally downplayed with the administration, Speaker decisions that are based on data. the deadly nature of COVID–19—it PELOSI hasn’t even called the House We need to begin to collect those should come as no surprise. For dec- back into session. As a matter of fact, facts and data as they pertain to this ades, China has made it a business. It they gaveled in session and out of ses- disease. That is how we get to the has been their business to search out sion today, and they won’t be back in antivirals. That is how we get to hav- our vulnerabilities, exploit those vul- session until tomorrow. ing a vaccine. That is how we look at nerabilities, and then what do they try Speaker PELOSI has a huge challenge. lessons learned so that we don’t go to do? They try to use that as leverage Unless she can get unanimous consent through this again, so we plan to tack- against us. It is time for us to say: No to pass a $2 trillion bill through the le some of the unexpected occurrences more. House, she may well have to call back that will come our way. Another component I have talked into session the entire House of Rep- As we talk about facts, we do know about this week on the floor is our resentatives. With restricted flights be- that COVID–19 originated in Wuhan, pharmaceutical supply chain.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.022 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2036 CONGRESSIONAL RECORD — SENATE March 25, 2020 On February 27, 2020, the FDA an- This may seem like something that owner I talked to had 2 percent occu- nounced the shortage of a drug used to is too large or too risky an under- pancy in the week before. treat victims of COVID–19. Imagine taking, but we have already paid dear- So, we have come together. This past that. There was a drug shortage. They ly for our reliance on Chinese drug weekend, we worked through it. I think attributed the shortage to difficulties manufacturers, and it is not going to that is the first time since I have been obtaining the active ingredient in this stop, because that vulnerability is le- here that on a legislative matter we pharmaceutical. The active ingredients veraged in the hands of madmen in Bei- have done that. We had Democrats and are called APIs. They couldn’t get it jing who seek nothing but power and Republicans at the grassroots level from the site in China that manufac- will go to any lengths to acquire that working to deliver what I think is a tured it because that site had been af- power. They don’t care whom they good package. It focuses on, No. 1, who fected by COVID–19. So here we are. We hurt. That is clear with this global needs it the most—workers who have need this component to go into a phar- pandemic. They don’t care if it is inno- been displaced and small business own- maceutical, and we cannot get it be- cent people who are sick or maybe even ers. It also has stuff in it for the broad- cause the factory that produces it has lose their lives. And they defy us—they er part of the economy. Urgency is the been affected by COVID–19. defy us—when we try to stop them. It key. We are working through, right This is not the first time this has is time that we rise to the challenge now, some short-term corrections, and happened. In 2016, we saw a shortage of and that we return the supply chain. I hope that doesn’t thwart the process. an important antibiotic when the sole I yield the floor. We should have had this across the source of its production—the only I suggest the absence of a quorum. finish line Sunday evening to where it place on the globe that produced this The PRESIDING OFFICER (Mr. COT- could have been delivered on Monday antibiotic—was in China. That factory TON). The clerk will call the roll. morning, and we wouldn’t still have was shut down. We couldn’t get it. The senior assistant legislative clerk the Nation on high alert about what we Our vulnerability is not limited to proceeded to call the roll. are going to do here. And it can only one drug or even just a handful of Mr. BRAUN. Mr. President, I ask come from here in this case. drugs. In 2007 and 2008, 246 people died unanimous consent that the order for I am going to segue into—we need to after taking a contaminated blood the quorum call be rescinded. get that done today, and I am going to thinner that came directly from a fac- The PRESIDING OFFICER. Without be for it. Each State, each Senator, and tory in China. They died—246 people— objection, it is so ordered. each Representative is going to have to just like that. Routine inspections Mr. BRAUN. Mr. President, I have deliver to the small business owners, didn’t catch the contaminant, and the been here a little over a year. I keep the individuals who have been dis- drugs flowed right into our medicine mentioning that often because what a placed by this. I have a team back in cabinets. year it has been. In that stretch, there Indiana that is taking on a big spec- In 2010, regulators have also found se- has not been a period of time when I trum of casework. I invite you, when rious problems with batches of thyroid think there has been so much urgency this legislation gets across the finish medication, muscle relaxers, and anti- for us as a Senate and for the other line, to make sure you reach out to our biotics. This week I got an email from Chamber to do our job to deliver for office. a Tennesseean, and he said: I saw what the American people. Many of our cases, regrettably, have you said on the floor, and I want to let We are in the midst of a crisis. In been along the lines of helping folks you know, I take a heart medication, building a business over 37, 38 years, interface with the VA. Sadly, I wish and it was just recalled because it con- you constantly have hurdles to jump. there were fewer of them, but we have tained a carcinogen, and it was made in You never really know the clear out- had really good luck. We interfaced China. come. You try to have a great strategy when a cruise ship had Hoosiers strand- Think about this. These are the phar- with good implementation and good ed, and we were able to follow up on maceuticals we take to return our- tactics that will be your salvation the process to make sure they came selves to health and wellness and to through thick or thin. back. We are currently dealing with manage chronic conditions. Here we When it comes to the coronavirus, it cases where people are stranded over- have example after example of things is not as though we haven’t had other seas. Whatever it is, come to our Sen- that are contaminated and are not recent issues but nothing quite like ate office. We have a great team, and what they are intended to be. These are this. It started in another country. It they have helped out a lot of Hoosiers basic, common medications. has gone across the world, and it now already. In 2018, the FDA recalled several looks like that vector in our country— I want to end on a positive note. I blood pressure medications made in we may be dealing with it on a broader think this has the country down be- China that were contaminated with scale. cause everything you see is in the con- cancer-causing toxins. Now, I would I am a guy who believes in free enter- text of negativity. I like the fact that, imagine there are a few people who prise. I don’t like it when government aspirationally, many are already talk- come to work every day in this build- has to step in, but I don’t know what ing about what we are going to do when ing, who take a blood pressure medica- we would have done otherwise in this we come out of it, and through prayers tion. What if you had been taking one case. Until we tamp the disease down, and through all the stuff Americans for a period of time, and it contained until we get that curve flattened, no and Hoosiers have done, I think we are the cancer-causing toxins? one is going to be at ease. We have in- going to see that curve start to flatten. Americans deserve better than this vested 3, 4 weeks of actual guidelines. I like the approach we have taken to from their pharmaceutical supply We knew it was coming way before put the emphasis on the disease, be- chain. If we allow this to continue, we that. I am hopeful that we have been cause, until those numbers go down, no are going to do so at our own peril. I doing a lot of the right things even be- one is going to be at ease. So, as we encourage my colleagues to support fore we were required to do them. We look to the future—Monday was that the bipartisan Securing America’s can’t relent on that course. first threshold, 15 days—we need to re- Medicine Cabinet, or SAM-C Act. Sen- On the other hand, never in my cess, take all the information we have ator MENENDEZ has worked on this leg- wildest dreams would I have imagined gained and gathered, and make the islation with me, and I am grateful to an economy could be affected as it has. right decisions going forward. I trust him for his support. I get stories from my home State of In- our Governors and our local govern- The Presiding Officer is working on diana all the time, and not only from ments across the country to do the legislation that would address some of the places like hotels, restaurants, same thing. these issues. Bring this pharmaceutical bars, and airlines. I think our senior We will come out ahead. We are going manufacturing back into the United Senator, who actually either went to flatten the curve and make sure States of America. We need to end Chi- home or came out here, might have that we are taking care of the most im- nese control over our health and been the only person on the plane. portant thing first, and I think that is wellness in this pharmaceutical supply That is a graphic example of how this going to be here, hopefully, sooner chain. is impacting commerce. The hotel rather than later. And then we also

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.023 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2037 need to be aspirational about what is here in the last hour, but I think we That recovery will take some time, going to really get this country back will get those done and hopefully get but at the same time, as America al- to business as usual, and that is when this vote going tonight. ways responds to these sorts of things, we can have Main Street going back to As we deal with these two crises, it is I believe we can respond very quickly if the way it was a month or two ago so my suggestion that we look at how we we get the transition phase correct, that we can recapture the best econ- address dealing with this crisis in three and that is what I want to talk about omy we have probably ever had in his- phases. One is we are in the middle of today. tory. the first phase right now, and I would As we look at the medical crisis, I know Hoosiers will do their job. characterize it as mobilization, where though, we understand now, through a They will be aspirational, and Ameri- we are identifying the severity of the lot of data outside of the United cans across the country will do the disease; we are identifying who is the States—and I will caveat this by say- same. most vulnerable; we are identifying ing that each country’s experience is I yield the floor. what we need to do to deal with it; and just a little bit different. I would also I suggest the absence of a quorum. we are mobilizing behind it. comment that there is a lot of noise in The PRESIDING OFFICER. The We have seen a dramatic increase in the data that I see around the world clerk will call the roll. the number of tests, thanks to Vice right now. The medical community is The legislative clerk proceeded to President PENCE. We still have short- doing a great job of trying to aggregate call the roll. ages of testing kits, swabs, and re- this data to see how it applies to our Mr. PERDUE. Mr. President, I ask agents, and even testing machines. But needs here at home. unanimous consent that the order for we have things, like in my State, I give our doctors and nurses and the quorum call be rescinded. where one of our major hospitals, caregivers the highest thank-you I can The PRESIDING OFFICER. Without Emory University Hospital, has their for what they are doing here and all objection, it is so ordered. own testing. They can do it in a num- over the world, for that matter. But Mr. PERDUE. Mr. President, we are ber of hours versus days, and they are the experience in Italy might not be on the cusp of a historic bill today—a making that available to other hos- the same as it is here. The experience bipartisan bill—that we took a dif- pitals in the State. This is all hands on in South Korea might not be the same ferent approach on, thanks to Repub- deck. And they will probably lose as it is here. So we have to look at lican leadership. We asked the leaders money doing that, but they are willing those and be very careful that we don’t of each of the committees, both Demo- to do that. try to extrapolate either the severity We have an apparel company in Geor- crats and Republicans, to focus on or lack of severity as being applicable gia that has now shut down their busi- their portion of the needs behind this here. ness in apparel. They have good orders, COVID–19 crisis. Before I get to the bill, what we do profitable orders. They are putting Before I get into my remarks today, know, though, is that just this week, those aside to make masks to try to though, I want to remind my col- the World Health Organization pub- help fill the need there and those short- leagues here today that we have spon- lished an update to their numbers. sored a resolution recognizing and ages. But the mobilization phase is where They are characterizing this disease thanking all the people in America who we are today. Based on the experiences this way—and every country has a lit- are stepping up and, as others have of other countries, we are identifying tle bit different infection rate and a said, putting their own health and what we might expect here. We have little different mortality rate. I believe their families’ health at risk to make hot spots in our country, just like in the United States, because we sure that their neighbors and friends other countries have had. We saw what haven’t tested as broadly as some of and patients and business partners are happened in Wuhan and Hubei Province the other countries have—like South taken care of. I am talking about sup- in China. I have been there. It is a very Korea—we don’t know what the denom- ply chain people, healthcare workers, old population—older population. They inator is yet, so we really don’t know transportation workers, ag industry— were late getting to the identification, what the mortality rate is, or the in- all the people in the country who are treatment, and isolation, and we see fection rate, for that matter. keeping the essential needs of our pop- the repercussions of that. But what we But just to put this into perspective, ulation going. can learn from them is that they are this is from the World Health Organiza- While restaurants are closed, they ahead of us in the cycle. However they tion: About 80 percent of the people in- have takeout services, even here in dealt with that in the early days, we fected with this COVID–19 virus will Washington, DC. That is not an easy see now how they have dealt with that probably have a mild—that is the way thing to do for those folks. It is a loss. crisis and what is happening with the they characterize it—experience with They are losing money right now. numbers, and we can learn from that. I this disease. Fifteen percent will be se- I want to make sure that we recog- will talk about that in a second. rious enough to go to a hospital, and nize, in the midst of this crisis, how The second phase, though, is transi- then of that, 5 percent will be critical Americans are responding. Americans tion. This is one that I am not sure we patients, typically generally toward always respond to crisis in a better are in it yet, but we are about to go the more vulnerable patients—the el- way than anybody else in the history of into it partly because of this package; derly, people with respiratory pre- the world, in my opinion. Sometimes that is, to make sure that we protect existing diseases or who have poten- we are not always the quickest to rec- the parts of the economy that we can tially immune deficiencies. ognize that we are in a crisis, but, so that when we do start to come out of As we deal with that medical crisis— right now, we are responding to this this, just like every other country and we poured a lot of resources toward one right here before us. ahead of us in the cycle has done and is that in the first two phases of help, in As a matter of fact, I believe we have doing right now, we will have our busi- addition to what the President did with two crises today. One is obviously the nesses in a position to reconnect with his $50 billion allocation earlier—in medical crisis—the healthcare crisis the employees they have worked so this bill, almost $2 trillion of aid, as we that we now are characterizing as the hard to develop. see it, goes toward businesses and com- COVID–19 virus. We know how it origi- Of course, the third phase is full-on munities and States to make sure that nated, and we know now what other recovery; that is, to do the things to we can weather this storm. countries that were ahead of us in the get the economy back on its strong Let’s be very clear about this. This is cycle are learning from that. But be- footing and to make sure we address not about companies. This is about em- cause of that, we have a connecting the shortages that we found in our cur- ployees. This is about the people who economic crisis that we are trying to rent preparation for this. For example, work for employers, either in their own deal with in this piece of legislation we didn’t have a strategic stockpile of business or in somebody else’s busi- today. some of the essential medical supplies ness. This is all about employees. It is I hope we can get this done tonight. we needed for the identification, test- merely a financial bridge to get I don’t see any reason why we can’t. We ing, and treatment of this particular through this period of time, to get into have a deal. There are some questions virus. that recovery phase that I was trying

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.025 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2038 CONGRESSIONAL RECORD — SENATE March 25, 2020 to describe here a little earlier. It is There may be some growing pains in this is the big thing. We have limited about the employer-employee relation- the early days, but the liquidity is data in the United States. Other coun- ship and to make sure we keep that re- going to be there to weather this tries have a lot of data. I believe that lationship intact. storm, to bridge this crisis. if we aggregate that data and create a In the last 3 years, we created 7.5 I want to look at what is next. I will Manhattan Project-type effort to go to- million new jobs. Prior to this talk about this transition phase and ward vaccines and treatments, we can coronavirus crisis, we had an economy maybe even the recovery phase for a absolutely be ready for flu season next that was just booming. It created 7.5 second. year if, in fact, this particular COVID– million new jobs. We had 7.5 million The first thing we have to do is we 19 virus has a seasonality. We don’t job openings, as a matter of fact, and have to really learn from other coun- know that yet. only 5 million people looking for work. tries that are ahead of us in the cycle. In conclusion, there is no question So we had a situation where we had the For example, it took about 6 to 8 weeks that this is a moment of challenge in economy moving in the right direction, for China, even with their mistakes, to America. I will say this: President and then this hits. We want to make go from zero to their maximum num- Trump, for all his distractors, early on sure we don’t lose any of those jobs, ber. We know the disease has a life stepped up and was a strong leader. I and for that reason, we focused on the cycle. If somebody is infected with it, said this several years ago—he re- employer-employee relationship. if they survive, they come on the back minded me of Winston Churchill: iras- Yes, we plussed up unemployment side. So far, there are over 70,000 people cible but effective in getting results. benefits for the States so that they are who have had the disease in China and That is what we had early on. not overwhelmed, but we made sure the are healthy now. Right now, we need a steady hand to employer had the liquidity to keep We know from anecdotal evidence on make sure we don’t kill the economy these people employed. In that vein, we the ground that about 80 percent of the while we kill this disease. And my only did not want to have a liquidity crisis, employed workers in China are begin- point is that in this transition period— which we could very well have right ning to go back to work in almost 90 and nobody has all the answers yet—we now because of shutting down these percent of the factories. This is outside need to start asking the question of businesses. We didn’t want that liquid- of Wuhan and Hubei Province. They are what we can do in this transition pe- ity crisis to turn into an insolvency going back to work. riod to find a balance between pro- crisis. We can deal with a liquidity In South Korea, the learning there is tecting life and protecting the econ- issue. It is very difficult to come back testing, testing, testing, but more than omy long term so that when people get and deal with companies that have that, they also track contacts. There well, they will have a job to go back to gone insolvent and are now in bank- are 50 million people in South Korea. and will have an economy that can ruptcy proceedings. That is a very long We have 330 million. It is a little dif- help the world prepare for the next and difficult process. It is difficult to ferent here. But in certain cities and pandemic that we are talking about come back from. We do not want to do States, they can certainly look at here. The American people have the best that. And that was the primary pur- doing that. spirit, I believe, in the history of the pose of most of the facets of this bill— So we have to learn from countries world when it comes to dealing with some $2 trillion. like South Korea, Japan, Singapore, I will say this about that. There are Hong Kong, Australia, and even China this crisis. I have talked about a couple two major components to do that. One because they are ahead of us in this of examples in my State. The airlines right now are another is a small business contingency. A lit- cycle. one. I know that Delta is one of the tle over 50 percent of the people who In the first few weeks of this cycle, primary airline carriers we have in the work in America work for companies we should be going from zero to what- country. They are keeping some flights ever our maximum number is. But it is that have 500 employees or fewer. That on. I know I have a reservation on a the number of active cases that is the is a new learning for me. That has commercial flight later this week, and most important, not the number of changed dramatically. But it is the en- I asked my assistant: Are you sure I total cases. gine—this is not new news—this is the can get a seat on that plane? engine of new job growth in the last 3 The mortality rate is yet to be deter- She said: Yes. There are only five years. We know that. mined because we don’t really know people who have booked seats on that Well, we have $350 billion directly the denominator. But I believe, if we plane. targeted toward those small busi- can test more—and according to Vice So it shows that people are trying to nesses, which could then, by the way, President PENCE, the acceleration do their part here—neighbors, people go to their existing local banker and curve for that is underway right now, going to their grocery stores for their get this contingency, a government- and we will have the ability to do that. neighbors, taking care of picking up backed loan guarantee. Contact tracking is another, and the mail, doing anything they can to In addition to that, there is $454 bil- then isolation is another one we have protect the people who are at risk. In lion directed at other businesses, plus to think about, unfortunately. We have small communities, we know how to do another $58 billion toward strategically hot spots. With the Ebola crisis in Afri- that. In major cities, it is difficult, but important industries, like our airline ca, what we learned from the medical it is even possible there. industry and so forth. Again, most of community was that if they could put I will conclude with this: There is a this money is in the form of loan guar- a full court press on the areas of flar- day coming—and it is not that far off— antees to provide liquidity to keep the ing, where they had the disease flare that we will be behind the top end of employees employed with their em- up, and isolate it so they didn’t have this curve in America. We will have ployers. It is no more difficult than people traveling outside of those lost some lives. That is unfortunate. that. areas—isolation by geography and de- We all regret that. But what we have But there is one other thing that is mography are unfortunately called for to do now is to make sure we prepare not being discussed, and I want to if we are going to do everything we ourselves for this transition phase, highlight this, and that is, $454 billion have to do to control this disease in that while we are still dealing with is historic. That is a lot of money. But the timeframe that we should. people who are getting the disease, the it has the ability—through the Treas- The third thing I will highlight brief- disease is on the wane, and the econ- ury, they can actually lever that up in ly is that I believe right now this omy needs to be brought back so that terms of the way the money goes out shows that we were behind in terms of we can make sure that we can prepare to banks. It can be levered up to $3 or our preparation for a pandemic like this country for the next round that we $4 trillion. So what we are talking this—there is no question about it—in may or may not see in the future. about here is the potential of up to $5 the country and the world. We can With that, I yield the floor. trillion of liquidity into our economy. point fingers and blame. That is not The PRESIDING OFFICER. The Sen- This is historic, and it should be my purpose today. What I want to say ator from Florida. enough to shock the system to say: OK, about this is that in America, if we can Mr. RUBIO. Mr. President, I received there is going to be liquidity here. bring the world’s resources of data— a call a few hours ago from someone I

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.026 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2039 have known for a long time, a gen- has to make a promise—we are not overnight. Think about it. One minute tleman who I would say is in his early- going to war—all the while under- you are a student demanding that we to mid-nineties. He wanted me to stop standing that what is happening in Eu- stay out of war, and the next you are saying that what we are facing is an rope would eventually reach us, and he volunteering for service. One minute unprecedented challenge. I was taken was preparing for war. you are a housewife, you are a retiree, aback. I mean, none of us have ever Why he made that promise was pret- and the next minute you are back at lived through anything like this or ty fundamental. Going to war was not work or at work for the first time in confronted a situation that is as pain- popular in this country. Millions of your life at a factory making muni- ful or so traumatic. He challenged me Americans, particularly those—at the tions or something else needed for the to do something that I had actually time, you couldn’t really travel war effort. done a few years ago, but as it shows, abroad—who had no connections to Eu- Schoolkids, children were put to even a few years erodes memory about rope, looked at World War I as a Euro- work on farms because so many people things that happened long in the past. pean war and looked at the Second had left farming to move and fulfill the He challenged me to say: You know, World War as just another trick to get industrial jobs because the men who everybody is comparing this to—the America sucked back into a war that would have otherwise filled those jobs last time we had something like this, it had to do with Europeans and not with were now wearing a uniform and dying required the Nation to react like we them. by the hundreds every day and then by did in World War II. So it caused me to Prominent voices—chief among the thousands, all over the world. go back and look a little bit at the them, Charles Lindbergh—traveled the We rationed food. There was food ra- years before that great and bloody con- country blasting the President as a tioning. You could only eat so much. A flict. warmonger in the strongest possible family only got so much. Gasoline was It is interesting. In the years leading terms. There was actually a student rationed. I think it was 3 gallons a up to 1941, President Roosevelt had an antiwar movement. Now, not as many week, if I am not mistaken. Clothes effort to pack the Supreme Court. It people went to college at that time as were rationed. was incredibly controversial and ended did in the 1960s, but it was really a pre- The government stepped in and said: up falling apart in 1937. It ended up cursor to that very movement. Why? You can’t build kitchen appliances—no falling apart actually because members Because these young people in college refrigerators, no ovens, no vacuum of his own party turned against him, were the ones who were going to be cleaners—none of it. We need all of our and it actually weakened him in the sent to war if there was one, and they industrial capacity to fight and win a tail end of the second deal. wanted no part of it. war. President Roosevelt was so upset Then, in the blink of an eye, at 7:48 People on the coasts—and you still about what members of his own party a.m., on the December 7, 1941, the Japa- see old pictures of this to this day—off had done to him that in 1938, he did nese attacked the U.S. Naval Base at Miami Beach, off New York, had to Pearl Harbor. They sunk four of our something unprecedented at the time. turn their lights off at night and close battleships. We lost almost 200 air- He got involved in Democratic pri- the shades of their windows because planes, and 2,300 Americans perished on maries and tried to defeat—take out— there were German U-boats just off our that very day. Even to the end of the members of his own party who had op- east coast. war, it remained the third bloodiest posed him. Not only did he lose badly People were asked to make tremen- day of that very bloody conflict. dous sacrifices—not for 3 months, not in that effort—I think he won only 1 of America was not ready for war. They for 6 weeks, but for over 3 years and those seats that he went after—as a re- had started a draft by a one-vote mar- longer. The sacrifice that was ulti- sult of what he did, his party lost 6 gin. They were able to vote it into mately, perhaps, the greatest of all was seats in the Senate and 71 seats in the place. They had begun some basic rear- that they sent their sons and fathers House. Ultimately, in this very Cham- mament, but we had lost a significant off to die in defense of this country and ber, a Republican, Robert Taft, was percentage of our Pacific fleet. able to put together a coalition with Frankly, to this day, there are legiti- of our freedoms. conservative Democrats and basically mate questions not about whether the I do not mean to diminish the chal- block President Roosevelt’s agenda Roosevelt administration knew in ad- lenges that are being asked of us now. leading in to 1940. vance that this was happening and al- There aren’t 5 minutes that go by that Then, in 1940, Roosevelt did some- lowed the attack to happen—no, those I don’t get a call, a text, or an email thing else that was unprecedented and are conspiracy theories—but that they from a small business that, just 2 highly controversial. He announced, al- should have known. This was a massive weeks ago, was having its best year though it was legal, that he was run- intelligence failure. In fact, up to 30 ever, talking about hiring new people, ning for a third term. He was, at that minutes before that attack, the Am- and now they are bankrupt. They are point, defying a long precedent that bassador to Japan was here negotiating done. They are finished, and they may had been set by the Nation’s first with the United States over an oil em- never reopen again. President. bargo. From a young couple I talked about Then, to make matters even more in- America, by the way, was not a soci- earlier today in the video that I made, teresting, his own Vice President, who ety of peace. This was a nation deeply 2 weeks ago, they were recently mar- had turned on him on the Court issue, divided, a segregated nation that dis- ried and planning to start a family. he had to kick off the ballot. In fact, he criminated against citizens of color. Both had good careers. The next told them: If you nominate him as Vice There were very serious labor disputes minute, they were both out of a job, President, I will refuse the nomination. going on throughout the country. not sure if the place they were working Ultimately, he was reelected on a Many still wore the scars of a deep and will ever exist again, not knowing promise. Ultimately, he was reelected painful economic depression. where to go. by a pretty big margin, but he had to Yet, in the blink of an eye, this Na- One minute you are the father in a make a promise: I will keep this coun- tion was confronted with an enemy and family or the mother in a family who try out of war. had no choice but to put aside all that has never had a day in your life where This sets the stage going into No- had happened to that point—every- you were not employed by someone, vember and December 1940. The Presi- thing, all the problems it had with the and the next you are being told: Go to dent had spent the last 3 years battling President, all the problems they had a website. Call this number. You need his own party. He had seen his own with each other. Even those Americans to go get unemployment. They don’t agenda slowed and stifled and then had who had been discriminated against know how to do it. They have never to kick off his own Vice President. were willing to do that, which is a tre- done it. After getting involved in primaries mendous testament to the contribution So I do not mean to diminish the sac- against his own party, he loses a large they made to the effort to win that rifices that our people are already number of seats in the House and in conflict. making. I simply mean to put it in per- the Senate and has a coalition form In the blink of an eye, literally every spective and also to give a little bit of against him to block him. And then aspect of American life was changed clarity as to what will be required of us

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.027 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2040 CONGRESSIONAL RECORD — SENATE March 25, 2020 to win this war because, in the end, our But it takes me back to the point I Or there is the reverse. If he would enemy is not a nation-state. It doesn’t made originally: What is our job in have said: Boy, this is a good oppor- wear a uniform. But it has invaded our this? tunity to use the war powers the Presi- Nation in a way that has required us to Well, let me say that we—when I say dent has to steamroll my political op- do things we have not been asked to do, ‘‘we,’’ those of us in government at ponents and put in place whatever I or anything close to it, since late 1941. every level—are asking of our people to want and run them over. So what are the lessons to be taken do some very difficult things. We are Imagine if we were saying that we by that era in our history, by the call asking high school seniors, including need to build a lot of ships, but I am I got today saying: Stop saying this is one who lives in my home, to be the not going to vote to build it unless you unprecedented. first in I don’t know how many genera- are building it in my State. The lesson to be taken is, No. 1, in tions that will not have a prom, will I don’t want to go any deeper into moments like this, government action not have a senior trip, will not have a that because I don’t mean to say that matters. It is important that we have a graduation. Now, I know all those some of the issues that people raise functioning government that can ad- things may seem trivial and may pale around here are not legitimate issues. dress problems in the space in which in comparison to World War II, but for They are, but sometimes the legit- government must act. That is what is a 17-year-old, these are rites of passage, imacy of the issue—the importance of being asked of us here today. and there are many high school seniors the issue—has to be weighed on a scale What is being asked of us is not to in this country who will not get that against the gravity of the moment. pass a perfect bill or to pass legislation this year. I would say to you: If we were dealing that will cure the virus or to pass a law We are going to ask small businesses with permanent policy in the normal that has everything we have ever want- and have asked them already: You need course of business or even in a moment ed. What is being asked of us is this: to close your doors. You can’t open. of a cyclical economic downturn, we Can you function as a government? Can You can’t work. You can’t make would have some weeks to make some you do the most basic things that a so- money. You can’t allow customers to of these decisions. We have already ciety needs from its elected leaders at come in. taken too long. a moment of true crisis? Can you do We have asked people not to go to People got laid off today. People will that? work. In fact, we have told them not to be laid off tonight—and tomorrow and So far, for 3 days, the answer, sadly, leave their homes. Over half this coun- the day after and for days to come— has been no. I hope the answer at the try is on an order: Don’t leave your even if we pass this bill. Imagine if we end of this day will be different. house unless you are going to the doc- don’t. The second thing it teaches us is that tor, the pharmacy, the gas station, or What we are facing is the toughest you cannot confront a challenge such the grocery store. thing this generation has ever faced. as this with just government. That war We are asking nurses and doctors to There is no doubt about it. There is no was not just won because of political confront a virus that can infect them doubt about it. Perhaps with the excep- leaders or our Armed Forces. It was a and their families and kill them and tion of the gentleman that called me whole-of-society effort. Every day, their families, just like anybody else— this morning, it will be the toughest Americans were being asked to do to do so, on double shifts, oftentimes thing we ever face in our lives. World things they had never done before, in without the gear and the equipment to War II was worse. This virus is terrible, places they had never been—not just to protect them. but it will not last as long or kill as make sacrifices from what they We are asking truckdrivers to drive many people as that war did, but it will couldn’t have but sacrifices in what all night—also vulnerable to the virus, kill far too many people and last far they were asked to do affirmatively. also worried about all the other things too long. It will last longer and kill It will require the same of us now. I all of us are worried about—to drive all more if we don’t take action now. That want to tell you, there are people al- night because tomorrow those shelves requires everyone to finally wake up ready doing that, as we speak. The ex- need to be stocked with all the things and realize this virus does not care amples are too long to mention, but all that people are buying because they over this country there are people who are afraid it is going to run out. whom you voted for in the last elec- are doing extraordinary things—step- How can we ask that of our society if, tion. It doesn’t care what you write on Twitter or what snarky remarks you ping up, doing more than they have for 31⁄2 days, we can’t even vote on a ever done—because they have to. They law, we can’t even walk to the front of come up with in your commentator know they must. this place and lift our finger up or moment on cable news. It doesn’t care I have no doubt that if our govern- down and say yes or no? We can’t even about any of that stuff. It doesn’t care ment leaders do their job and are will- do that—spending the taxpayers’ whom you plan to vote for in the next ing to do their part and provide people money, on behalf of the taxpayers, in a election. It will infect you. It will kill transparent, clear, truthful guidelines moment of critical crisis? you. It will kill people you love. It will about what we face and what lies ahead I don’t mean to be negative, because, kill members of your family. It will and what is expected of them, they frankly, I hope that today is the day disrupt your community and your may not be happy and people may not we will get this solved, but there are economy. It doesn’t care about any of be excited about it, but they will do it. still other people who have to weigh in this other stuff. I know they will do it. They are al- here—in the House, outside commenta- It really is important for us to real- ready doing it. tors, people still emailing and texting: ize—not just for this bill but moving The third lesson is the awesome Can we change this? Can we change forward—that there is no such thing as power of our country when a diverse that? an outcome here that is good for half of population of go-getters—the most cre- I just don’t know how we can ask us and bad for the other half. There is ative people to have ever walked the people to do all these things we need to no possible political victory here— Earth—put aside their differences to ask them to do and, in return, tell none. There is no outcome here in confront a threat they face in common. them, by the way, we are going to take which half of us are going to be able to Again, that is not possible, you can’t our sweet time to do our part. And our go back and say: Boy, we really looked ask that of a society, you can’t ask part is the easiest one. good, and we made those guys look people to put aside their differences, to You can just imagine this. Extrapo- really bad, and people are going to re- put aside the trivial, to put aside the late what we are facing now and take it ward us for it. They are not. things they don’t agree on and to focus back to 1941. Imagine if, back then, I promise you, when someone has lost on the one thing that threatens us all— people would have been saying: Boy, their job and does not know where they you can’t ask them to do that if you this is a great chance. This is a good are going to go, is stuck in their home are not willing to do it yourself. And it opportunity to get back at FDR. This and their life has been turned upside appears—at least, up to this moment— is a great opportunity now. He is in down, and a member of their family is that we have failed to do it. I hope war. Let’s roll back the New Deal. in intensive care, and they wind up at today is a difference in that regard. We Let’s really stick it to him for what he a hospital that has been overwhelmed shall see. did 6 years ago with our Court thing. and can’t care for them, the last thing

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.028 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2041 on their mind is going to be partisan hours and risking their own health to negotiating table, we worked toward politics or preexisting differences. save lives. They are performing a na- that goal. As a result, American work- If you don’t believe it, we are about tional service. ers will receive 4 months more of un- to find that out, unfortunately. There The numbers of infected individuals employment insurance instead of just is no outcome here which half of us are and the rapidly rising death toll are 3. happy and the other half are upset. staggering. If we do not follow public Because so many Americans are now It is a cliche. We use it all the time. health experts’ advice, the tolls could out of work, we need an expanded un- I can’t think of a better example than be truly horrifying. employment insurance plan. This plan this one: We are truly all in this to- In New Mexico, we have over 100 di- extends unemployment to the self-em- gether. The carnage, the damage that agnosed cases, and today the first ployed for the first time. It increases this will do to our country is extraor- death in our State was reported. A sen- the maximum benefit by $600 per week. dinary. It will know no geographic ior citizen from Eddy County in the Many workers will receive their full bounds, no political affiliation, no de- southeastern part of our State passed pay under this expansion. mographic differences. This is a virus away on Sunday. Just to give an idea of the magnitude that can infect the heir to the Crown in All New Mexicans are facing new of this problem in my home State of Britain just as easily as it can a 92- challenges—a threat to our health, a New Mexico, during the week of March year-old retiree in a Florida nursing threat to our economy. My top priority 9, we had fewer than 800 claims for un- home. is easing this hardship and making employment. This last week we had I hope the gravity of the moment fi- sure New Mexicans have what they 11,000, and now we are receiving 7,000 nally sinks in and that we take the need to stay healthy and to stay eco- every day. necessary actions quickly. If there is nomically afloat. Also, because Democrats stood firm, something in this bill you really don’t With that in mind, I rise today to tell our healthcare system will see an infu- like—I don’t mean to diminish it—if we New Mexicans: Relief is on the way: re- sion of $55 billion more into the Mar- can fix it, we should. But at this point, lief to American workers who have shall Plan for healthcare. The total I am going to tell you that there is been put out of work and to small busi- public healthcare investment in this nothing wrong in this bill. There is nesses that are making impossible de- bill is now $150 billion dollars. We will nothing in this bill that will damage cisions because of the coronavirus pan- establish a $150 billion relief fund for our country more than our inability to demic; relief to our hospitals and front- State, local, and Tribal governments to act. No matter how bad you think line healthcare workers facing an over- help cover costs of fighting this virus. some provision in this bill may be—and whelmed healthcare system in the New Mexico is eligible for up to $1.25 I say this to both sides—there is noth- coming weeks and months; and relief billion from this fund. ing in this bill that will damage us to State and local governments that And we will bring accountability and more than doing nothing. By far, the are doing their best to take care of transparency to the relief for industry most damaging thing that can happen their residents and maintain essential and large corporations. This relief bill is not any provision of this legislation. services—State and local governments puts in transparency and independent It is our inability to act and to send a are desperately in need of assistance oversight and also makes sure that message to the American people that only the Federal Government can pro- elected politicians, including the Presi- their leaders can’t function, that their vide; and Tribal governments to whom dent, are not the beneficiaries of this government doesn’t work—not just on we owe trust and treaty obligations to fund. a day-to-day basis but in a moment of provide healthcare, education, and We face a national crisis of monu- crisis. community assistance, particularly in mental proportions, and I am heart- I hope that whatever differences may times of need. ened that Republicans and Democrats still exist at this moment—and I am After days of furious negotiations, I in this body joined together over the trying to be fair because I know a lot am pleased and relieved that Demo- last several days to face this crisis to- of people have finally seen the full text crats and Republicans were able to gether as a nation. This is what we do of it in the last few hours—and if you reach agreement on what will be the as Americans, and I have hoped that as have caught something that can be largest Federal relief effort in our his- we continue to face down this crisis in fixed, it should be fixed. But I plead— tory. The times demand a response of the coming weeks and months, we will I don’t know what other word to use— this magnitude. continue to do so in a united fashion. that we don’t leave here tonight with- The stay-at-home orders—which, As vice chair of the Senate Indian Af- out having passed this bill because I make no mistake, are necessary to stop fairs Committee, I have been particu- honestly don’t know how this Nation the virus—threaten the livelihoods of larly focused on making sure that In- and our people can afford one more day millions of working families who live dian Country is not left out and ensur- of this. paycheck to paycheck. ing that Tribes, which are on the I yield the floor. Millions of small businesses are in frontlines of this public health and eco- I suggest the absence of a quorum. dire need of help. They power our econ- nomic crisis, have the resources they The PRESIDING OFFICER. The omy but simply can’t survive during need and deserve. clerk will call the roll. the kind of economic downturn we now Together, with my Democratic col- The bill clerk proceeded to call the face. leagues, I fought for and secured an $8 roll. The Federal Government has the billion set-aside for Tribal govern- Mr. UDALL. Madam President, I ask power to make sure that people can ments and their enterprises. This Trib- unanimous consent that the order for take the public health measures that al Relief Fund will provide the 574 fed- the quorum call be rescinded. are necessary, while also staying afloat erally recognized Indian Tribes with The PRESIDING OFFICER (Mrs. financially. flexible resources—resources they need BLACKBURN). Without objection, it is so We here in the Senate need to make during the COVID–19 response, and I ordered. absolutely sure that everyone—not just am glad we found bipartisan agreement Mr. UDALL. Madam President, today those at the top—that everyone is on this. New Mexico and the Nation face a pan- taken care of and can weather this cri- We also secured over $2 billion in demic, the likes of which we have not sis. emergency funding for Tribal needs, seen in over 100 years, and today the I am strongly supportive of the small and this includes over $1 billion for the Senate must act to pass the largest re- business relief in this bill, which in- Indian Health Service that will be used lief package for the American people in cludes loans of up to $10 million that for everything from expanding medical our history. can be forgiven and turned into grants services to purchasing equipment, to First, I would like to extend my if employees are kept on the payroll. promoting public health education, to thoughts and prayers to everyone who This relief will go through the Small expanding telehealth services, and in- is personally affected by this Business Administration and be avail- creasing disease surveillance, over $700 coronavirus pandemic. I thank the able to any business or nonprofit under million that will go to the Bureau of healthcare workers for working long 500 employees. With Democrats at the Indian Affairs, the Bureau of Indian

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.030 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2042 CONGRESSIONAL RECORD — SENATE March 25, 2020 Education, and the HUD Office of Na- Because of the frontline healthcare know that none of us got every single tive American Programs. These funds workers—the doctors, nurses, and tech- thing we want, just as I am sure my will assist Tribal governments as they nicians and all those who support that Republican friends did not get every make their way through this crisis and work, hospital janitors, cafeteria work- single thing they want. And is any bill support their members—support BIE ers, and so many others—this public perfect, especially something of this schools and Tribal colleges and univer- health crisis will see an end. Thank unprecedented magnitude? Of course sities so that students continue with you to everyone who is risking their not. But we are at a point where re- their education and provide housing for own safety to help others. Thanks to ality has to overcome rhetoric. We those most in need who are impacted all the Senate staff who are here on the have to stand up and be the conscience by this terrible virus. floor and the people who work here. of the Nation, as we have been in the These are key victories, but we are In the days, weeks, and months past and we can be today. It is time for not done. We must uphold our trust ahead, we must continue to closely Senators to come together and vote. I and treaty responsibilities to all Amer- monitor all aspects of the impact of know that on our side, under the lead- ican Indians and Alaska Natives. coronavirus on our Nation’s health and ership of Senator SCHUMER and others, So Congress must do more to respond economy and continue to decisively we are ready to do that. to the unique COVID–19-related public and aggressively respond to the needs I am the dean of the Senate. I have health and economic crises in Indian of the American people. I am confident been here the longest. I am not going Country. Tribes are some of the most that, in working together as one Na- to get everything I want, neither is the vulnerable populations with the least tion and one people, we will meet and Presiding Officer, and neither is any- robust healthcare systems. We have a beat this crisis and come out on the one here. But America will get a lot very scary outbreak on the Navajo Na- other end stronger. more than it has now. tion, and I am sure that we need to To conclude, we must pass this bill Let’s do this for America. Vote on it. weigh in and help there. without delay. This is a good com- As Americans, we should say that it is For our next response package—and, promise, and we must act now. reality time, not rhetoric time. Reality believe me, we are going to have to I suggest the absence of a quorum. trumps rhetoric any day. Let’s go monitor this closely and in all likeli- The PRESIDING OFFICER. The ahead and vote. hood will be back here again—we must clerk will call the roll. I commend those Senators in the Re- make sure Indian Country has equal The senior assistant legislative clerk publican Party and those Senators in access to Federal coronavirus re- proceeded to call the roll. the Democratic Party who have sources. Senator HEINRICH and I fought Mr. LEAHY. Madam President, I ask worked so closely with each other. I hard for New Mexico priorities. We are unanimous consent that the order for know we have in Appropriations. It is working hard on issues that have to do the quorum call be rescinded. time to say: OK. Let’s vote. with our National Labs, one of our The PRESIDING OFFICER. Without With that, I suggest the absence of a very, very top employers—in fact, objection, it is so ordered. quorum. probably the biggest. Mr. LEAHY. Madam President, the The PRESIDING OFFICER (Mr. New Mexico’s creative economy can’t Senators have been working very hard CRAMER). The clerk will call the roll. be left behind. Sitting as the lead Dem- The senior assistant legislative clerk to respond to the crisis that is facing ocrat on the Appropriations Sub- proceeded to call the roll. our whole Nation. Each one of our committee that funds the national en- Mr. GRASSLEY. Mr. President, I ask States is unique, but we also are here dowments, I pushed for an additional unanimous consent that the order for $75 million for both the National En- for all of America. All of America is the quorum call be rescinded. dowment for the Arts and the National suffering. The PRESIDING OFFICER. Without I know my staff in Vermont, my staff Endowment for the Humanities. These objection, it is so ordered. down here, the appropriators, and the funds will support local artists and art TRIBUTE TO NORMAN BORLAUG programs through this tough economic Appropriations staff have been working Mr. GRASSLEY. Mr. President, I time. When arts and cultural venues every day and every night till midnight know we have a very important piece are shuttered and artists and all others or later. Nobody has had any time off. of legislation before us to turn this are out of work, there is no doubt that I am proud to work with them, even economy around and help in our battle these are exceedingly difficult times, though we have set up the capability to against the virus. While we are waiting but together we can get through this. telework, as I would hope all would do, to vote on that, I have come to the I would like to remind everyone to so we can work remotely. floor for a couple of points that I would follow the public health measures rec- Earlier this week, we were faced with like to make. ommended by the experts. Staying at the prospect of a bill that was very The first one is to honor a famous home is the best thing we can do to one-sided. Republicans and Democrats Iowan. This month is Iowa History slow the spread of this virus and ensure had not done what we do best, sitting Month, so I have come to the floor to our healthcare systems are not over- down and reaching a bipartisan agree- speak about one of Iowa’s favorite run. These measures are a firebreak ment. We were given almost a take-it- sons, Dr. Norman Borlaug, whose birth- that cuts off the fuel for this virus and or-leave-it bill. I applaud Senator day is today. prevents a catastrophe that overruns SCHUMER who said we should come He is considered the father of the our hospitals. Social distance, washing back together. Let’s not pass a bill Green Revolution. Raised on a farm your hands for 20 seconds—we all have that leaves out so much of America near Cresco, IA, Borlaug is credited an important part to play in con- and so many of the people we rep- with saving more lives than anyone in taining COVID–19, keeping ourselves resent. Let us come together, Repub- history with his breakthroughs in and our neighbors and our commu- licans and Democrats, and find a way. agronomy. It took him several years to nities safe. Now, late last night—actually it was accomplish what a lot of scientists do The State of New Mexico is under a close to this morning—agreement was now in a laboratory in regard to fight- stay-at-home order. I commend Gov- reached, in principle, on such a bill. ing diseases in plants. He did this in ernor Lujan Grisham for the quick and The appropriators do only part of it, Mexico and India. decisive action that she has taken. She but Senator SHELBY and I tried to work His work helped to overcome mal- is focusing on this like a laser beam. I together to have something the vast nutrition and famine across the world, know these measures are difficult and majority of the Appropriations Com- saving over 1 billion lives in the proc- a hardship for many, but we will only mittee, Republicans and Democrats, ess. be able to revive our economy once this would agree on, and we did that, and His achievements won him the Nobel public health crisis is abated. If we just that is what we have before us. Peace Prize—not only that famous let the virus run its course, we could Both parties have worked so hard to prize but also the Presidential Medal of lose over 1 million people. Some esti- put together something we can all Freedom and the Congressional Gold mates are 2 million—1 to 2 million peo- agree on. We should be able to vote. I Medal. I think there are only five or six ple. That would be totally unaccept- agree with the discussions that Sen- people who fall into the category of able and devastating. ator SCHUMER had this morning. We all winning all three of those prizes.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.031 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2043 His achievements also prompted the taken phone calls for whatever reason have heard from nurses and doctors, I State of Iowa to honor him with one of from the folks from Delaware, they know the level of alarm and concern Iowa’s two statues in Statuary Hall have all asked: When will the Senate has steadily risen in recent days. here in the U.S. Capitol. act? So, folks, tonight, as I stand here on CORONAVIRUS We have faced a challenge over the the floor of the Senate, I am mindful Mr. President, on another subject, last couple of days between our moving that our Nation is suffering; that there some pundits, and even Members of swiftly and our moving wisely in put- are people all over the world but par- this body, have suggested that it is in- ting together a package of this size. ticularly here in the United States, in appropriate to criticize the Chinese With no hearings, no committee pro- the States that we represent, who are Communist Party for its mishandling ceedings, and no detailed legislative anxious, who are unemployed, who are of the coronavirus that originated in process, it means that there will be uncertain, in some cases now, too Wuhan, China, because it distracts rough edges, and it means there will be many who are infected, who are hos- from bashing the President. We went mistakes in this bill. Is it perfect? No. pitalized. from mainstream media outlets rou- In fact, some of its pieces, as we will It has come home to this Chamber, as tinely referring to the virus by its ori- discover as it unfolds, are far from it. one of our colleagues has tested positive and one of our dear colleague’s gin to this being totally politically in- But across the country, just as in this Chamber, there is that sense of husband, her spouse, is hospitalized. correct. We know Members of the House and There is an excellent timetable pub- anxiousness, of anxiety, of when will it the Senate, of our staff, and our imme- lished by Axios that lays out the Chi- happen. diate community have been touched by nese coverup that prevented early ac- Just a few weeks ago, the vast majority of our country was reading about this dread disease. tion to contain the virus. The Chinese And we are now at a critical moment pro-democracy activist, Wei Jingsheng, coronavirus—about COVID–19—as something happening in distant coun- in our modern history—simultaneously warned that General Secretary Xi is a public health crisis and an economic ordering people back to work pre- tries on far shores. They read about sort of concerns about its alarming and crisis. maturely, risking another massive out- I have heard too many people say it rapid growth in Asia and then Europe. break of what he called Wuhan pneu- is unprecedented. It is not unprece- Things started changing as the sto- monia. dented. The United States and our Na- ries got more dire and more grave, as Telling the truth about the Com- tion have made it through tougher public health officials began to predict munist Party’s misdeeds does not pre- times than this. To say that the Great a global pandemic, as the World Health clude talking about how we can im- Depression and the Second World War, Organization announced it is a global prove our own response. We can learn the Civil War, and the Revolution, the pandemic, as scientific leaders began from free countries like South Korea, hard work of labor organizing, and the to say that the United States would in- which has been able to contain a wide- desperate work of throwing off the evitably be touched by it, as our col- spread outbreak, and Taiwan and shackles of segregation and of Jim Japan, which appear to have been able leagues from the Pacific Northwest Crow—to say that those weren’t tough to prevent widespread outbreaks. told us about how their communities and difficult struggles misses the sig- So this is not the time for political were being affected, as extended con- nificance of our history and the things correctness or political point-scoring tacts and friends and acquaintances on we have overcome. to get in the way of telling the truth or social media and then on the press But for most of us, for most of our working together in a clear-eyed way shared how they are or members of families, for most of our communities, to address the challenges at hand. their community had become infected. this wave, this pandemic, this virus, I yield the floor. As it began to move across our coun- and the combined health and economic I suggest the absence of a quorum. try, it began to impact a remarkable disaster that is upon us may be the The PRESIDING OFFICER. The range of institutions, from baseball to greatest test we have faced. clerk will call the roll. Broadway, the closures of all sorts of So how have we answered thousands The senior assistant legislative clerk treasured American institutions— of businesses already closed, millions proceeded to call the roll. every major sports league, every major of people already unemployed, and a Mr. COONS. Mr. President, I ask public gathering. nation fearful of a pandemic swamping unanimous consent that the order for And as now State after State has the resources of our hospitals and our the quorum call be rescinded. issued edicts, as city and county alike health system? The PRESIDING OFFICER. Without all over our country have asked people Let me just speak briefly in broad objection, it is so ordered. to close their restaurants and their strokes to what is in this bill, which we Mr. COONS. Mr. President, I came to bars, their small businesses, as hotels have, finally, ultimately, hammered this building, this Capitol, about 12 have no occupants, as airplanes fly out after days of disagreement and in hours ago today and, first thing this with no passengers, it has become advance of our getting the final official morning, recorded a video to share on haunting, eerie—the sense of an immi- text. social media with the folks back home, nent disaster. In the broadest strokes, the help that who have been eagerly asking: What is Just before coming over here I read will be delivered to the American peo- up? What is happening? What is next? an article in the New York Times ple by this bill starts with individual My message has been simple. about how in my region, in the mid-At- assistance—something the President After days of disagreement—of tus- lantic, it has hit. In the borough of has championed and the Democrats sling and of fighting and of crafting— Queens, in the city of New York, in a have supported. We have had different we have a deal, and I am ready to vote. public hospital known as Elmhurst, versions of it, but we have roughly Let’s move forward. Twelve hours yesterday, 13 patients died, and in a agreed on $1,200 to every adult citizen later, I stand in a largely empty Cham- riveting account, the nurses and the making below $75,000, and it phases out ber and have an odd sense of fore- doctors describe a catastrophic situa- to those making below $100,000. With boding, as I have all day and as have tion. $500 per child, your average family many of my colleagues, wondering: Public health officials, trained might well see $3,000 to $4,000. These What is taking so long? What is the health aids stretched to their limits, checks will come out in weeks, deliv- delay? What are the remaining issues? tested as they hadn’t been before, ered directly, for those with direct de- I am hopeful, prayerfully, that we will struggling to get personal protective posit through the IRS, or by check to resolve what is left, move to this equipment, to have enough ventilators, those harder to find who haven’t filed Chamber, take up the text, vote it out, to have enough ICU units—and I will recently but are eligible. send it to the House, send it to the tell you, as, over the last couple of This is a remarkable, direct support President, and send $2 trillion in sup- days, I have talked with the heads of to help millions of Americans have port to our Nation. each of our major hospitals, folks who cash in their family checkbook to get Let me tell you, as I have waited run skilled nursing facilities, non- through the unexpected hardship of today and yesterday and as I have profits, community health centers, as I these next few months.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.035 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2044 CONGRESSIONAL RECORD — SENATE March 25, 2020 There is more than $100 billion in As I have heard from restaurant own- back to insist on this provision in the this bill to support our health workers ers, from hotel owners, from those who next bill. on the frontline and the hospitals that work in bars and restaurants and ho- But as I have said to many colleagues make our public health possible—pos- tels in my community, those are the in the last few days, we cannot all get sible. folks who have been hit the first and everything we hope for and want and You heard that story about Elmhurst the hardest by the closures. This provi- believe to be important in this bill. We Hospital. In my own home State, there sion will allow those small businesses must put down the tools of partisan- are hospitals rural and urban, large to reopen quickly and robustly when ship and personal interest and sec- and small, that without this support we get on the other side of this pan- tional concerns; we must put down will struggle to make it through this demic. some of the things we most hope for; period. And I look forward to working with we must put down the tools with which The heroes of this period are the my colleagues, with the SBA Adminis- we so often fight each other; and we folks who are working—the folks who trator, with the SBA lenders in my must come together and take up the are cleaning offices, trains, hospital State and around the country to make implements of national purpose, of rooms, often without enough protec- sure it is done well and that it is done compromise, of consensus, and deliver tive equipment, often without quickly. these resources to a nation anxious, healthcare themselves, often without I wrote the bill that added $17 billion concerned, and at times even angry at adequate pay; the folks who labor at more so that 320,000 current small busi- all of us in the Senate for what they night here in this Capitol in our offices nesses, which are current SBA see as too long a delay. to make sure they are clean and safe loanholders, get 6 months of relief, So with that, let me just say to my from this virus we can’t see; the folks moves them off the agenda of the SBA colleagues, it is time for us to take up who work in public hospitals, work staff and the SBA lenders to clear the this bill, rough-hewn as it is, pass it long hours. They are orderlies, they are decks for them to administer this $350 through this Chamber, send it to the nurses. They are the paramedics and billion. House. I urge my colleagues in the the ambulance drivers who deliver the And I supported Senator CARDIN in House to pass it promptly, send to it sick, and they are the surgeons and the his initiative to add $10 billion for the President’s desk for signature, and doctors who direct their care. small, rapid grants to the most se- then let us all get to the hard work of And one of the things I am proudest verely impacted businesses and non- making sure we do the best we can for of that is in this now that was not in profits. the people we represent with this his- this several days ago is $150 billion to This section of the overall bill, where toric stimulus package, this remark- States and counties and cities. Senators RUBIO and COLLINS, CARDIN able coronavirus relief package that is In the 10 years I spent in county gov- and SHAHEEN negotiated most of it, going to deliver $2 trillion of assistance ernment, I came to deeply respect the struck me as the most bipartisan and and support to communities all over men and women who help keep our most productive. our country. county government afloat and our There is so much more in this bill I I yield the floor. communities stronger, safer, and The PRESIDING OFFICER. The Sen- could speak to—the ways in which the healthy. This direct support to the ator from Nevada. resources of the Federal Reserve are States and the counties on the Ms. CORTEZ MASTO. Mr. President, going to be deployed to help medium frontlines of this pandemic will help I rise today to let all Nevadans know businesses and small businesses; the them get through. the important steps Congress is taking There is a $500 billion fund—the sub- ways in which the private sector in my to respond to the pandemic we are fac- ject of much discussion and debate— home State has stepped up to partner ing right now. that, as initially written and proposed, and to deliver critically needed re- The novel coronavirus represents a would help sustain some of our iconic sources, whether it is refurbishing ven- global challenge to the health and eco- industries like the airlines, but with tilators or donating surplus PPE from nomic security of Nevada and the almost no transparency, in terms of the construction sector that they don’t United States. the terms of the loans or the grants need today, or it is the university that My thoughts today are with those in that would be given, and almost no re- has closed its research labs but makes Nevada who are ill or suffering with strictions on how the companies to reits resources available to our hospital. the virus, and with the families of the ceive them might use them, for what There are some remarkable efforts in six Nevadans who have died because of purposes. partnership going on in my community this disease. Broadly speaking, after days of fight- and around the country. But at the end I also want to thank the brave men ing, we have come to agreements that of the day, we have a critical question: and women on the frontlines of this I support and embrace—restrictions on Is this bill perfect? No. crisis—the first responders and buybacks and dividends and executive Could we improve it by more time healthcare workers who are battling to compensation, guarantees against lay- here arguing with each other, offering save lives, putting their own health offs and against the destruction of col- more minutes, debating further? Yes. and the health of their families at risk. lective bargaining agreements, and, Is there something I badly wanted I know there is a lot of fear and con- broadly speaking, transparency and ac- that did not get in this final bill? Abso- fusion in our communities right now. countability. lutely. Please know this, though: I am work- One of the things I am most proud of We have had nine major States delay ing closely with Governor Sisolak and is that there will be now an account- their elections, delay their Presi- the Nevada delegation to ensure that ability board, a pandemic response ac- dential primaries because of this pan- our State gets the resources it needs to countability committee—both an in- demic, and I urged that a bill written stem the spread of the coronavirus, to spector general, a special inspector by my colleagues Senator KLOBUCHAR treat those who need medical atten- general, and $80 million in this bill for and Senator WYDEN, that I joined, be tion, and address the needs of strug- the operation of that accountability added in text to require every State to gling families and businesses. committee. have a plan to vote by mail during this I also know that we are Nevada Let me move, since I see I have a pandemic. If our troops could vote from strong. I have seen over and over again number of colleagues who have joined the frontlines in the Civil War and Sec- that when things get difficult, Nevad- me on the floor, to just a few other ond World War, by gosh, we should ans come together. When a gunman at- points, if I could. have a plan to vote even if this pan- tacked the Route 91 Harvest Festival There is $350 billion in this bill for demic continues. in Las Vegas, I saw how Nevadans from the Small Business Administration to I was disappointed that text is ulti- all over the State worked heroically to disburse to small businesses and to mately not going to be in this bill. help victims and support families. nonprofits all over our country, with Four hundred million dollars will be in Nevadans are uniting now too. I am an incentive structure to change it to help those States that want to vote proud to say that across the Silver from a loan to a grant to those who by mail, to expand and strengthen vote State, people are doing their part to re- would retain or rehire their workforce. by mail, and I will be back. I will be duce the impact of COVID–19.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.037 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2045 Our Governor, Steve Sisolak, has 450,000 jobs across the State. So I have and understanding of what we are all shown tremendous leadership in work- been focused on standing up for our going through. But let’s not lose sight ing to slow the spread of the gaming, tourism, and hospitality work- of the beauty of our everyday lives, coronavirus. As Governor Sisolak has ers. I also wanted to make sure that that familiar rhythm we are all eager pointed out, if ‘‘Home Means Nevada,’’ when we offered relief to big compa- to restore. In Nevada and across the we need everyone who can to ‘‘stay nies, there was oversight, trans- country, we will be back at our work- home for Nevada.’’ parency, accountability, and worker places again, solving our everyday Our nurses, doctors, and other health protections in place. This bill does problems. Our children will be back at officials are working tirelessly to care that. school learning for themselves how to for the sick and to increase our capac- I am grateful to the many small busi- make the world a better place. Yes, we ity to deal with the cases in the future. nesses in my State that have taken the will begin the long task of grieving First responders, local health authori- hard but necessary action and closed those we have lost, but we will also be ties, sanitation workers, and retail their doors or reduced their services at celebrating marriages again and mark- workers are on the job around the this critical time. This bill supports ing births with a newfound joy. clock to make sure essential services them as well by providing forgivable We will get through this together, are available to Nevadans. Our gaming, loans and grants so they can open their and I promise everyone in the Silver entertainment, and hospitality indus- doors again as soon as it is safe for State that I will be fighting in the Sen- try leaders took unprecedented steps to them to do so. ate to make sure we rebound from this stop the spread of infection, including Most of all, I wanted to make sure we stronger than before so that Nevadans by closing their doors. supported Nevada’s workers and their can get back to work. So many Nevadans are contributing families, the hard-working people our I yield the floor. by working from home when they can, industries employ. That is why I The PRESIDING OFFICER. The Sen- caring for school-aged children, volun- worked with my colleagues to ensure ator from South Carolina. Mr. GRAHAM. Mr. President, I want teering to help make masks or buy gro- key protections for Nevadans and all to compliment my colleagues Senators ceries for elderly neighbors, and avoid- Americans were included in this relief RICK SCOTT, TIM SCOTT, and Senator ing social interactions that could package. We fought to expand unemployment assistance so it includes SASSE. spread the virus. Today, when we were getting briefed Everyone—every single Nevadan and part-time, self-employed, and seasonal about the bill, something hit me like a each and every American—has a role to and gig economy workers, who make up a key part of our workforce in the ton of bricks. And there are a lot of play in this crisis. We need everyone to good things in here. There is money for do their part by following the advice of Silver State. Whether you are a dishwasher at a healthcare providers, nurses, doctors, the experts and taking practical, com- and hospitals. There are so many good monsense steps such as washing hands hotel on the Strip or a hair stylist in Carson City, you will be eligible for up things. and practicing social distancing. The country is under siege. I was one My colleagues and I in Congress have to 4 months of unemployment benefits. Yes, we locked down direct payments of the first Republicans to join my done our part as well. The Senate has Democratic colleagues. I think I talked come together in a remarkable and bi- of $1,200 for each adult and $500 for each child, up to a certain income to Senator DURBIN. partisan fashion to act on three bills to We need to do something more on un- address key healthcare priorities and level, so our hard-working families would have money in their pockets to employment insurance because the to protect workers and industry from recover from this pandemic. We suc- Collins-Rubio construct, I think, will the economic impacts of the public cessfully pushed to shore up our hos- help, but some people are going to fall health crisis. through the cracks. Earlier in March, we set aside $8.3 pitals and our healthcare infrastructure, to get them more money for pro- Never in my wildest dreams, Senator billion to support hospitals, commu- tective gear, supplies, and tests so they DURBIN, did I believe that what we have nity health centers, public health of- can provide patients the best possible done is to pay people more not to work fices, medical suppliers, and research- care, while at the same time protecting than to work. Under this bill, the $600 ers across the country. themselves. payment on top of State benefits actu- Next, we passed the bipartisan Fami- We made sure that we also included ally allows people to have their income lies First Coronavirus Response Act to our local, State, and Tribal commu- almost doubled in certain cir- provide free coronavirus testing, ex- nities. We set aside $150 billion for our cumstances. I want to help people. I pand food assistance, and mandate paid governments that are bearing the want to make sure that if you lose sick and family leave for workers. brunt of the costs for their local your job, we cover your wages. But I am proud to have fought alongside healthcare systems. under this bill, you get $23.15 an hour my colleagues in the Nevada congres- That is why I support this legisla- based on a 40-hour workweek not to sional delegation, including my friend tion, and that is why we have to pass work. and colleague Senator JACKY ROSEN, to this tonight. If you are trying to hire somebody in pass today’s third relief bill. We must I would be remiss if I did not say South Carolina the next 4 months, you pass this today. It is quite simply the thank you to the incredible staff who have got to compete with that wage. If greatest single investment in our econ- worked so hard these past few days, 24/ you are working in a restaurant—prob- omy and healthcare system in modern 7, to put this relief package together in ably not now—but if you are working American history, and we need it. a bipartisan way—Leader SCHUMER’s anywhere for $15 an hour, somebody is In 2007, our State was hit hard by the staff and Leader SCHUMER, the negoti- making $23 an hour, and you are work- recession. Through tremendous effort, ating team, the Senators whom I get to ing. It is just not fair. It is going to we came through it, but our economic work with every single day, their hard- hurt the Rubio-Collins construct. recovery was slow. This time, we want working staffs, and my staff as well, For restaurants that are out of busi- to make sure that our economy springs who worked late nights to make sure ness, we want them to be able to bor- back quickly after this crisis has that we were fighting on behalf of Ne- row money to pay the payroll to keep passed and that workers have good jobs vadans. people connected to their employer. to return to when it does. That is why I know this is a difficult time for ev- Now, what do you do when you make we need to pass these far-reaching eryone, but we are going to get through $23 an hour being on unemployment? measures to provide immediate relief this just as we persevered before. We How do you keep that waitress or bar- to individuals, families, and businesses will do it by rallying around one an- tender at $15 or $17? You made it a suffering from the economic impact of other, as Nevadans always do. There nightmare for small businesses. They this pandemic. will be moments of challenge ahead, are being pitted against their own em- Nevada has an economy that is and each of us has a responsibility to ployees. unique in the Nation. Our hospitality answer these questions. So to Senator DURBIN and everybody industry generates nearly $68 billion Let’s listen to the experts, let’s take else, the reason we are doing this is be- annually and supports more than care of one another, and let’s be kind cause they tell me it takes 6 to 8

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.039 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2046 CONGRESSIONAL RECORD — SENATE March 25, 2020 months for unemployment commis- trum, I have run businesses, small and simultaneously, affirming the ongoing sions at the State level to figure this large, and had great success. That is dignity of work and the necessity of out. exactly how I know these things. This work as our country battles through What are we asking you to do? To get is not conjecture; these are facts. this virus and ultimately rebuilds our unemployment, you have to tell us There are many good things in this economy. where you work and how much you bill, and there are many provisions Nobody here is arguing about wheth- make. And what we want to do is fill in that I wholeheartedly disagree with, er we should help workers. Everybody the difference between the State unem- but the worst thing we can do right on both sides of the aisle tonight wants ployment benefit and your actual now is to create a disincentive to work. to help workers. This is a debate about wages and stop there. We don’t do that We can get our economy up and run- whether we are going to let a poorly under this bill. There are people get- ning again, we can recover from this, drafted bill knock this Nation still ting paid more not to work than they but it will take a lot longer if we don’t harder in the coming months by unin- were in the workforce. It is going to be amend this bill to eliminate these per- tentionally increasing unemployment. hard to not incentivize people to leave verse incentives. That is what this debate is about. their jobs. You can be unemployed at The PRESIDING OFFICER. The Sen- Right now, as the coronavirus is $23 an hour in South Carolina. That is ator from South Carolina. threatening our economy, we know a lot more than people make. Mr. SCOTT of South Carolina. Mr. who the real heroes are. The real he- So I am urging my colleagues, we President, let me be abundantly clear. roes are not politicians. There are a lot need to fix this now. No matter how I plan to support this legislation to- of people who have been working all well-intentioned, you are going to night, but I do want to fix it first. night, five or six nights in a row, but make the next 4 months impossible for Our amendment is a very simple the heroes who are going to beat this small businesses to hire. I can promise amendment. First, it is our responsi- virus and rebuild America are not poli- you this: If you pay somebody $23 an bility to every extent possible to take ticians. hour not to work, they are probably care of the American people. I want to The heroes are the men and women going to find a way to get there rather provide 100 percent of the salary while who are stocking shelves, the men and than staying in the workforce, where I an American is laid off because of women who are picking up trash, the am sure they would rather be. We have COVID–19—100 percent of the salary of men and women who are driving trucks created a perverse incentive not to help someone laid off because of COVID–19. and delivering takeout, many of them the unemployed person but to destroy My goal is to do it the right way. The converting restaurants, which used to the ability to stay employed. right way is that you get your income be sit-down, into takeout restaurants With that, I would just say to my as if you are still working because you and putting food on the table for a lot colleagues, thank you for trying to have been laid off because of COVID–19. of their neighbors. The Americans who bring common sense back to this body. It is not a raise for not working. It is are keeping the pharmacies open—they I am very much for this bill that does not 200 percent of your income while on are the heroes. The daycare workers help a lot of people. But we have cre- unemployment. The goal is simply to who are doing stuff to watch other ER ated a Pandora’s box for our economy, keep you whole while you are unem- doctors’ kids—those are the heroes. and I wish we could fix it tonight, and ployed because of COVID–19. The heroes are the Americans across if we don’t, we need to keep trying and I cannot stress enough, as a former all 50 States, across every town and vil- trying and trying. employer, and, frankly, as a former lage and suburb and city, who are With that, I will yield to my col- employee, the relationship between the doing the work, the ordinary jobs but, leagues. employer and the employee is critical. now, under extraordinarily painful and The PRESIDING OFFICER (Mr. Our Nation is built on the dignity of difficult circumstances. They are the GARDNER). The Senator from Florida. work. heroes, the scrappers, and the doers. Mr. SCOTT of Florida. Mr. President, What this bill does, without fixing it, We should be celebrating them, affirm- under this bill as it is written now, the is simply say: You can earn more ing them, and helping them, once we government will pay many Americans money by being on unemployment than get through this crisis, to get back to more to be on government assistance you can while working. That isn’t an work. than they would make if they were incentive. That is perverse. We cannot This bill has lots and lots of good working at their regular jobs. have intended to encourage people not stuff in it. I intend to support it, as I support expanding the unemploy- to work and make more money than to well, but there are pieces of this bill ment insurance program. It is the best go back to work and receive their nor- that are broken and that we can fix to- and quickest way to get money to peo- mal pay. night. If we don’t fix them tonight, it ple who need it most. But we should With that, I yield the floor. is going to exacerbate our problems, not create a system where unemploy- The PRESIDING OFFICER. The Sen- and we will be coming back here in a ment insurance benefits are higher ator from Nebraska. month or 2 months, trying to fix these than their salary. We cannot pay peo- Mr. SASSE. Mr. President, as Sen- problems. ple more to not work than to work. ator TIM SCOTT just said and as RICK These are the Americans who are This is common sense. Most people will SCOTT and LINDSEY GRAHAM just said, going to get us through. They are the choose the bigger check, and I don’t this amendment is really, really sim- people who are going to keep our sup- blame them at all. ple. All we are trying to say is that we ply chains alive, and those supply No person who understands anything should help everyone who needs to be chains are the lifeline for lots of Amer- about business, economics, or human helped without accidentally creating a icans right now. nature would create such a perverse disincentive to work. That is not good Here is what is wrong with the bill. and ridiculous system. This bill creates for anybody in the country or the As it is currently drafted, it threatens an incentive for people to be unem- country as a whole. to cripple the supply chain for many ployed for the next 4 months—fact. We are in the middle of two unprece- different categories of workers—some Without workers, our economy cannot dented crises right now. We have a pub- in health sectors and some in food prep reopen—fact. If our economy remains lic health crisis, and we have an eco- and food delivery. This bill, as cur- essentially closed for 4 more months, nomic crisis into which we are just en- rently drafted, creates a perverse in- we will be in a very deep recession— tering. We don’t know how long the centive for men and women who are fact. valley of this recession is going to be, sidelined to then not leave the side- You may ask, how do I know all this? but I want to be sure that every Amer- lines to come back to work. This bill I grew up poor, in public housing. My ican who is watching tonight under- creates a perverse incentive for many mom worked three jobs. My parents stands exactly what this debate has employers who should be wanting to were constantly struggling to find been about this afternoon. try to maintain the employer-em- work. I know what it is like to skip This debate is how you can be both ployee relationship—it creates a per- Christmas and see the family car repos- pro-worker and pro-recovery, to be verse incentive for them to sever that sessed. On the other end of the spec- kind and charitable, and actually also, employer-employee relationship.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.040 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2047 Many other pieces of this bill tried to ber of people who have lost their jobs— and say that I feel bad about that. I tackle this problem in a really con- laid off, furloughed, fired—is growing don’t feel bad about that at all. When structive way. The $350 billion for the in a fashion we have never seen before. less than half of the people in America Small Business Administration—it is I have seen it reported in my State. I have $400 in their savings, the notion trying to build bridge loan programs am sure each of you have seen the that we might end up giving people an- that help employers and employees be same. other $1,000 or $2,000 at the end of 4 connected and remain connected But let’s get down to the bottom months, to me, is not something we through this downturn. The unemploy- line. I ask my colleagues just to bear ought to be ashamed of or run away ment insurance piece of this should not with me for a minute. What you were from. That is a real possibility, and it work at cross purposes to what the bill describing is what we initially set out may happen. is about in the overall argument. to do. And then we met with the rep- I will support that just as I supported Nobody has a problem with the gen- resentatives of the U.S. Department of the Trump administration’s cash pay- erous unemployment benefits that are Labor. I was on one of the task forces ment to that same family. They are in this bill. Nobody has a problem with for the Senate Finance Committee, and going through some tough times, and the generous unemployment insurance I sat there as a representative from the they have for a long, long time. How benefits that are in this bill. They U.S. Department of Labor came in and many of us have given speeches on this should be generous amid the national said: Senators, you don’t understand 50 floor about income inequality in Amer- crisis we are in. But we don’t want this different States’ computer systems ica, and some of the hardest working piece of the bill to create an incentive when it comes to unemployment bene- people are still unable to make it, pay- for folks to stop working and to have fits. We can tell you point-blank that check to paycheck, week to week? their employers push them away when only 6 or 8 States out of the 50 could So let’s give them a helping hand and the employer and employee should be possibly do what you want to achieve. not apologize for it for a minute. We trying to rally around and together to They tell us it will take them are standing with these workers and help us build through this crisis. months to reprogram their computers their families, and I think you want to So we want to do something really to make the simple calculation—what as well. But the way you want to cal- simple. We want to fix what is broken appears to be a simple calculation— culate it, we are told, cannot be done. here by saying that unemployment in- that says that you never get paid more It cannot be done in a fashion that surance benefits should be capped at in unemployment than you were mak- brings relief to these families when 100 percent of the pay you had before ing on the job. That was the reality. they need it right now. you were unemployed. This isn’t just We didn’t make that up. This wasn’t a Mr. SCOTT of South Carolina. Will about people who have already been Democratic, dreamed-up idea. This was the Senator yield? made unemployed. This is about people the Trump administration’s Depart- Mr. DURBIN. I will in just a minute. who are going to be made unemployed ment of Labor telling us that when I am happy to yield as soon as I finish. in the coming weeks. they looked at the State departments I want to make this point as clearly All this amendment says—which we of labor, they couldn’t achieve what as I can. I believe that this is not a are voting on in a few minutes—is that you want to achieve with your amend- windfall. Let’s assume that instead of we should cap the unemployment bene- ment. $600 a week, your calculation makes it fits at 100 percent of the wages you In other words, if you go forward and $450 a week. So $150 times 16 weeks— were just receiving while working. It you are successful—I don’t believe you that is 4 months. How much is that should not be something the U.S. Con- will be—but if you were successful, going to come out to? $2,400? Is that gress does to create an incentive where what we would end up with is, frankly, going to mean that someone now be- you will get paid more by not working a deadlock: no increases in unemploy- comes lazy and won’t go back to work? than you get by working. That is pro- ment insurance benefits. I don’t think so. I think a lot of people recovery legislation that tries to keep Now, let me tell you, beyond this ad- will use that money and need that our supply chains humming and tries ministrative problem, which was not money and are given a helping hand to help us—325 million Americans— our creation—it was identified by the and will put it right back in the econ- come together to beat this thing. Trump administration—there are two omy. That is what this is about—that We should vote for workers. We or three things I want to say as a bot- these families can keep their homes, should vote for recovery, and we should tom line. pay their utility bills, put food on the vote to beat this thing and come out First, we are determined to make table, and put the money back into the stronger on the other side. sure that the workers come out at economy. That is part of what we are I yield the floor. least whole, if not better, through this trying to achieve here. The PRESIDING OFFICER. The Sen- terrible experience they are going If we err on the side of giving a hard- ator from Illinois. through. Now, this notion that the working family an extra $1,000 or $2,000 Mr. DURBIN. Mr. President, I would workers would come out better is not because of our approach, so be it. No like to address this issue because I unique to the Democratic side of the apologies. We didn’t design this sys- think it is important that we explain aisle. The cash payment proposed by tem. We were told we had to work where we are today and why we the Trump administration—$1,200 per within the design of the system. We reached this point. adult, $500 per child—for some, will be tried to do it. We think the $600 a week I can recall when Senator GRAHAM a benefit, may even be a small but im- is a reasonable way to do it, and I will crossed the aisle a week or so ago, per- portant windfall that comes their way. yield for a question. haps, and started talking about unem- So be it. That working families across Mr. SCOTT of South Carolina. I ployment insurance and his goals for America would end up with this cash thank the Senator. The $600 a week, I unemployment insurance. It sounded payment from the Trump administra- think, if I do the math quickly, times consistent with the language and con- tion—I don’t object to it at all. 16, is about $9,600. Add on top of that versation I heard on our own side of But the Democrats have said that is the additional $1,200 per person, or the aisle, our own caucus, to use the one and done. That is an airdrop of $2,400 per family, and $500 per kid is an unemployment insurance system as a cash to people. What about the next important number that we should—I way to make sure that people were able week and the next month? That is why think you have hit on the point that to really weather the storm when it we brought up the unemployment in- we should all be willing to agree upon came to the public health crisis we surance. Now, the $600 figure we came that the systems of unemployment face. up with was an attempt to make sure throughout our country, perhaps, are The number of people who are filing that everyone is whole at the end of working on antiquated equipment that for unemployment has gone up dra- the day. I will concede your point that may need to be updated so that we can, matically. There were 2 million new some workers—some—may end up com- in fact, keep people whole during their unemployment claims filed last week, ing out ahead because of this calcula- unemployment. I would love for us to compared to 218,000 nationwide in pre- tion of $600 a week. They may come out work in a bipartisan fashion to try to vious weeks. So we know that the num- ahead. I am not going to stand here figure out, through the Department of

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.042 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2048 CONGRESSIONAL RECORD — SENATE March 25, 2020 Labor, how to fix the problem so that come down here and have a disagree- nois explaining his position. It seems those folks who deserve the benefits ment, as much as it is to illuminate a to me that from where he started, he get all that they deserve but that we very important part of the process should actually be supporting the actually have a system that is nimble that, if we can get it fixed throughout amendment, and then we should figure enough to actually meet the needs, our country as we tackle these issues out what we need to do to push on the State by State, without exceeding the in the future, more folks on both sides Department of Labor to actually mod- need so that when we are in a position of the aisle will have greater con- ernize their systems. again, if we are looking at phase 4 or fidence in giving these resources to the But I just want to say in public phase 5, we are not again having a con- States so that our people can be whole. something that has been negotiated for versation about systems that are so an- That is all I wanted to say. the last 8 or 9 hours—and we haven’t tiquated or perhaps even obsolete that Mr. DURBIN. There is no disagree- been able to get conversation partners, we are doing something that was not ment. I say to my friend from South really, on that side of the aisle—which intended. Carolina, there is no disagreement, but is that you are absolutely right that I am not suggesting we can get that the U.S. Department of Labor says we the Department of Labor says that done tonight. I am not even suggesting cannot do that at this moment. And at there are massive system problems in we can get that done over the next few this moment, when people are hurting the States. So given that we are enter- months. I am, however, concluding so badly, when they have lost their ing a recession at this moment, we are that we should work to get it done. jobs, been furloughed, laid off, and they going to have lots and lots of needy Mr. DURBIN. I don’t disagree with are worried about paying their bills, Americans, and the calls on the State departments for unemployment insur- my friend from South Carolina at all. I the Trump administration says we are ance benefits are substantial right agree with you completely. We are in going to send them a cash payment. now. So I would just say, taking you in the midst of a national emergency. We say—and I hope it is a bipartisan good faith that you would like to up- Mr. SCOTT of South Carolina. Abso- statement: We are with you too. It grade these systems so that we could lutely. isn’t going to end with that one cash do this thing, which doesn’t acciden- Mr. DURBIN. That is not my an- payment. We are going to stick with tally stimulate unemployment by nouncement. That is the announce- you and make sure your unemploy- disincentivizing work, I have been try- ment of President Trump. I believe it. ment insurance benefits are going to ing all afternoon to get people on that When you look at all the people now keep you and your family together. side of the aisle to say: Hey, maybe we filing for unemployment, when you And if, by chance, you come out a little can’t get this solved by day one of the look at the hardships they are facing, bit ahead in this process with the cash new unemployment insurance benefits, the lifestyles they have had to live to payment or with the calculation of this but by week 8 or 9, maybe we should try to comply with shelter-in-place and formula, so be it. So be it. have been able to get to a place where all the rules that are going on out At this moment in history, facing the Department of Labor had the re- there, the number of people filing these this national emergency, we would sources to help these departments of unemployment insurance claims, they rather err on the side of your being unemployment insurance deal with tell us the reality of the situation. able to pay your bills and keep your this. The notion, as you said, $9,600 times family together. Future needs, we can So I will follow up with you offline three—three times 4 months basically discuss and we can debate. We can see because I would like to work with you comes out to about $30,000 a year, what we can do with the State systems. on trying to upgrade these systems. roughly. That is what the $600 is cal- But for the time being, there are no I have one more thing to say, but if culated to mean on an annual basis. apologies. you want to get in a word, please, go So, on a 4-month basis, if we end up From where I am standing, $600 a ahead. giving people an extra $1,000 or $2,000, week is exactly what Democrats are Mr. DURBIN. I would, in the nature it is not inconsistent with what the committed to—I hope Republicans are of a question through the Chair, which Trump administration says they want as well—because our belief is that this I believe is the appropriate procedure. to do with their cash payment. In the is the moment when we need to stand Mr. SASSE. The Presiding Officer is meantime, if we are going to move for- with these workers. very liberal on these things. He is very ward—and I hope this crisis comes to I might say that I support RUBIO and easy. an end quickly—if we are going to CARDIN in their efforts to help small Mr. DURBIN. Well, this is actually move forward into a new phase—phase businesses. I think that is the right turning out to be a debate on the floor 4, phase 5, whatever it is—let’s work thing to do. It was bipartisan from the of the Senate. It is almost historic. together to try to upgrade these sys- start and really without much con- But I would just say this. We dis- tems, to make them work the way we troversy. Have we asked any of those agree on one basic premise. I don’t believe giving people $1,200 for each want them to work. businesses to produce net worth state- adult, as the President suggested, or But in the meantime, wouldn’t we ments before they receive those bene- out of our approach, if they ended up want to err on the side of standing with fits? No, we are not doing that. We un- with a net gain of $2,000, that we have working families and their employees? derstand this is an extraordinary mo- now turned them into lazy people who Wouldn’t we want to do that in this ment. And we may do something dif- will not go back to work, and that they first effort? I think it is the reasonable ferent if we are thinking about a long- will just wait for the next government and thoughtful way to do it. term policy, but for the immediate check. Mr. SCOTT of South Carolina. I am term, let us do the right thing. Let us These aren’t the people I know, and happy to answer that question, if the err on the side of helping working fam- they aren’t the people you know. By gentleman will yield. ilies who are out of work. and large, these are hard-working peo- Mr. DURBIN. I would be happy to That is why I would oppose this ple who, with an additional $1,000, may yield for a question from my friend amendment if it is going to be offered finally be able to buy that refrigerator, from South Carolina. by the Senator from Nebraska. I came may finally be able to get that car Mr. SCOTT of South Carolina. Thank to the floor to explain how we reached fixed, and may finally be able to get you, sir. this point, and I hope that others will some dental work done. I would say that, on both sides of the consider my point of view. Mr. SASSE. I would reclaim my time aisle, would you not agree that we are Mr. SCOTT of South Carolina. Thank pretty soon. both trying to get to the place where you. Mr. DURBIN. So I don’t think paying we are, in fact, keeping the average Mr. DURBIN. Thank you. them a little extra here is going to person, especially the working-class I yield the floor. change their lifestyle and attitude to- people, whole as we ponder and discuss The PRESIDING OFFICER. The Sen- ward hard work. this amendment? Would you agree? ator from Nebraska. Mr. SASSE. We were agreeing for a Mr. DURBIN. Of course. Mr. SASSE. Mr. President, I would while, but I think it is pretty impor- Mr. SCOTT of South Carolina. My say very briefly that I appreciate the tant here to underscore that your math final thought is that my goal isn’t to comments from the Senator from Illi- isn’t real.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.044 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2049 The reality is that in lots and lots bill right now is that we are going to they will never go back to work, those and lots of States in the country, substantially disincentivize work, and people. I don’t believe that. where people are earning $12 or $13 or it is going to hurt workers. It is going In this world of social media and $14 or $15 an hour right now, the unem- to hurt small businesses. such, we have been contacted by nurses ployment option they are going to be Let me give you a concrete example. who say: So you think we are going to offered is going to be more like $24 or In Texas right now, the maximum un- quit our jobs so that we can take ad- $25 an hour. employment insurance is $521 a week. vantage of the unemployment benefits? We are not talking about $1,000 over After this bill passes, that will rise No, we go to our jobs, and we do what the course of these months. We are from $521 a week to $1,121 a week. That we have to do, and the amount of talking about cases where people might is nearly just over $58,000 a year. That money is secondary. have an annualized wage right now of means that, in the State of Texas, we Mr. CRUZ. If I could reclaim my $30,000 and be looking at an unemploy- are going to be paying people, offering time? ment benefit of $1,000 a week, which is them, basically, 28 bucks an hour not Mr. DURBIN. I will be happy to, and $50,000 annualized. So your math isn’t to work. I thank the Senator from Texas. But I real. Now, listen, every one of us recog- would just say this: Yes, in this re- The reality is, it isn’t $600 total. It is nizes that people are hurting. The spect, I agree with you. $600 on top of what the unemployment problem is the incentive. We are cre- Take a look at the State systems of benefits already were in that State. So ating an incentive that will hurt small paying unemployment benefits. We are there are lots of people who are strug- businesses. told by the U.S. Department of Labor gling to work hard and to love their If you have a waiter or a waitress that many of them are way behind the neighbor. We have a lot of health aides who has lost their job for a few weeks, modern technology and cannot meet what you have stated as your goal in Nebraska who make 16 bucks an they are on unemployment, and they are making $25, $26, $28 an hour, sud- here. hour. That is a $32,000-a-year job. Their If we want to work toward that goal denly, the prospect of going back to work is important. That is a vocation. of improving those State systems, as People need them. that job and seeing the money they are Senator SCOTT said earlier, I will join There are sick people from COVID–19 making going down substantially you in that effort. But let’s not apolo- and other diseases right now in Ne- doesn’t seem too attractive. And, sud- gize for, perhaps, sending them an braska who need the benefit of those denly, the restaurant owner who is try- extra $1,000. health aides, and you just told them in ing to make the small business work One last point, we are asking these this bill—we just told them in this can’t attract those workers back. That people to stay home. We were asking bill—yeah, your work is a little bit im- is bad for everyone. Incentives matter. them to help us defeat this virus by not portant, but look at this. You could We want people to work. working and to stay with their fami- make substantially more money if you So I would ask the Senator from Illi- lies. So one of the incentives here, if didn’t do the hard thing of trying to nois: You said the problem with imple- there is a good unemployment benefit figure out what do we do with our kids menting this principle—that we coming in, is that they can keep their today when school is closing, and I shouldn’t pay people more not to work families together while they obey this don’t know how to do daycare, and my than they make working—was adminis- directive, at least, from government, sister agreed to help take care of my trative, that the Department of Labor State and Federal. kids, but do I really put the burden on and the States couldn’t do it. Would Mr. CRUZ. These quarantines are her when I don’t actually have to go to the Senator agree with this amend- going to end. The period of staying at work to get this same money? In fact, ment, and would the Democratic Party home is going to end. But under the I can get substantially more money by agree with this amendment if it simply policy favored by the Democratic Sen- going on the unemployment insurance had language inserted ‘‘to the best ex- ators, there is going to be an incentive program. tent practicable’’? that is going to end up with more peo- That is a disincentive to work that I So acknowledging that it may not be ple being unemployed. don’t think you believe in, I know I practicable, would you agree with the Let’s say you are a restaurant. And if don’t believe in, and I know nobody in principle that in implementing this, you keep your employees on, maybe my State believes in. the States and the Department of through a small business loan, you can It is not a Republican versus a Demo- Labor should try to make sure we are pay them, say, 10 bucks or 11 bucks or cratic issue. This is an American issue. not paying people more not to work 15 bucks an hour, whatever you are We believe in workers, and we believe than they would make if they were paying. But if you let them go, they in work, and we don’t believe govern- working? can go on unemployment and make a ment should come in and say: It is Mr. DURBIN. Is that a question di- whole lot more money. You don’t think much better off to be a nonworker than rected to me through the Chair? there are going to be a lot of small a worker. You can make a lot more Mr. CRUZ. I will yield to the Senator business owners who have their em- money being a nonworker than a work- from Illinois. ployees saying: Wait a second, I can er. Mr. DURBIN. All right. Let me just make more money? We are not talking about people who say at the outset that we are talking That is a bad incentive. We want to suffered layoffs last week. We are talk- about people who did not voluntarily create incentives. I agree that people ing about creating a system here which leave their jobs. These people did not want to work, but government can will incentivize more unemployment voluntarily leave their jobs. They were mess that up if we make it more profit- next week. That is a mistake by this terminated. They were laid off. They able. Congress, and we could and we should were furloughed. These are not people Look, the checks we are sending, the be doing better than that tonight. who were gaming a system. These are $1,200 a person, don’t create an incen- I know the Senator from Texas has people who are victims of the system tive. It is not $1,200 if you do x conduct. been trying to get in. that is hurt by this national emer- We want incentives that bring people I yield the floor. gency. back to work so that these small busi- The PRESIDING OFFICER. The Sen- Secondly, if we are erring on the side nesses that are closing their doors ator from Texas. of giving struggling, hard-working fam- every day don’t stay closed—so that Mr. CRUZ. Mr. President, this bill is ilies an additional $1,000 a month— they open up again, and that they have going to pass overwhelmingly. It may $1,000 a month—for goodness’ sake, I opportunity again. pass unanimously tonight, but I think am not going to apologize for a mo- It is a perverse incentive to pay peo- this amendment would make it sub- ment. ple more not to work than to work. stantially better. I expect we will see a These people are living paycheck to Yes, we should help them, but we party-line vote on this amendment, paycheck, in many respects, if they are shouldn’t trap them. That is what this and I think that is unfortunate because making $15 an hour. That is $30,000 a policy does. the consequence of the system—the un- year. And for us to say: Well, they are Mr. DURBIN. Will the Senator yield employment insurance system—in this going to end up with 1,000 bucks; now for a question?

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.046 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2050 CONGRESSIONAL RECORD — SENATE March 25, 2020 Mr. CRUZ. Of course. workers—to pay them more not to Over time, we straightened out our Mr. DURBIN. Senator, I am sure you work than they would make if they finances, elected a guy named Pete du are acutely aware that this is a 4- were working. Pont as our Governor. I was treasurer month program. We are not offering Mr. DURBIN. If I may just comment for a while, and we had a Democratic people this benefit indefinitely. I hope and say this. I don’t think President and a Republican legislature—split. We we don’t have to renew it, but to say Trump’s cash payment or an additional learned how to work together. It is that I am going to change my lifestyle $1,000 a month, or whatever it is, under something we call ‘‘the Delaware way.’’ and give up returning to the place the unemployment benefit is going to Later on, I got to be Governor, suc- where I have worked forever, where I make a worker lazy and government ceeded not Pete du Pont but Mike Cas- was just laid off because they closed dependent. These are not the people I tle, who was his successor. I was very the restaurant because of a 4-month know. These are people who get up and active in the National Governors Asso- program, I don’t think so. work hard every darn day, and if they ciation. They even let me be chairman I think people are more loyal to the get an extra helping hand out of this, for a while. I was the lead Democratic workplace if they are treated fairly. so be it. Governor on welfare reform when I was And if we end up giving them an addi- We are trying to deal with a health a member of the National Governors tional $1,000 a month, at the end of the crisis and help these families get Association. day, I think it is the right thing to do. through it. That is where we started on I was raised in a coal mining town in Mr. CRUZ. The incentives matter. We this side of the aisle. West Virginia. Parents—not much don’t want to delay a recovery from We may talk about something in the money, deep faith, hard work. My dad this crisis by 4 months. Hopefully, we future and approach it a little dif- used to say to my sister and me: I don’t stop this global pandemic, and we stop ferently, but I don’t think it makes care if you have to work three jobs to it soon. You don’t know how soon that them lazy to receive the President’s pay your bills, work three jobs. will be. I don’t know. cash payment or to receive an extra That is really the way I was raised, One of the benefits of this bill is that payment from this unemployment ben- and I suspect that most of us here were we are flooding more resources—and we efit. raised that way—a strong work ethic. Mr. CRUZ. So, with respect, the Sen- should be—into testing, into preventive When I was involved as the lead ator from Illinois is suggesting this is gear, and into ventilators. There is a Democratic Governor on welfare re- somehow some negative moral judg- lot we need to do to stop this pan- form, I used to say people ought to be ment that it makes them lazy. It is ex- demic, but when it ends—and it will better off working than they are on actly the contrary. I am saying people end, and we will get through this—we welfare. Bill Clinton said that often. I behave according to rational incen- want people to go back to work—not 4 really believe that. tives. months from now. We want them to go Look, our girls are 11 and 8 at home. The thing that was wrong with wel- back to work as soon as they are able We have incentives all the time: posi- fare—our welfare system—was that to go back to work, and that is what tive incentives and negative incen- people were actually better off staying our economy needs to be strong. tives. Incentives work. home than they were working. So kind I would note, again, that I posed a We don’t want to create a system of the same principle we are talking question to the Senator from Illinois: where someone, being perfectly ration- about here. Would he take a modification that ac- al and reasonable, says: Well, gosh, I Every State has its own unemploy- knowledges the administrative prob- can make a lot more money for my ment insurance fund. We have one in lems but said that this is the principle family staying home than I can going Delaware. They have one in Nebraska, we should follow—that you shouldn’t to work. If I go to work, my family one in Texas, one in Illinois. They are be paid more not to work than you are makes less money. That is not a ques- different, and different benefits are cal- paid to work. And the Senator from Il- tion of being lazy. That is a question of culated in different States. linois didn’t answer that. the government is putting me in a posi- I just got off the phone, colleagues, Mr. DURBIN. Will the Senator yield tion where, if I want to care for my with a fellow named Cerron Cade, who for a question? kids, I can do a better job of that by used to be a member of my team when Mr. CRUZ. Absolutely. staying home. That is really foolish, I was early in my time in the Senate. Mr. DURBIN. Does the Senator sup- and that, unfortunately, is the position He is now secretary of labor. port the Trump administration’s cash right now of what I expect to be the I said, Cerron—Mr. Secretary—what payment to these families, which Democratic Senators who will vote no do we pay people in Delaware on unem- comes to them whether they work or on this. ployment insurance? What is the re- not? That is a bad policy for workers. It is placement rate? He said it is some- Mr. CRUZ. I do. I am going to vote a bad policy for small businesses. It is where between 25 and 50 percent of for it, but it doesn’t create an incen- a bad policy for the economy. We what people were earning. But he said tive. This is where too many in the should support jobs, not paying people there is a $400 cap per month—excuse Democratic Party don’t understand the not to work. Give them a safety net, me—per week. There is a $400 cap per incentives of trapping people out of yes. Give them relief, yes. But don’t week on the benefits that we will pay work. create incentives that make the prob- anybody, regardless of what they were Incentives are future looking. In lem worse, and that is what this Demo- making—$400 a week. sending these checks right now, if you cratic policy will do. If you think about it, $400 a week for make $75,000 or less, you are going to I yield the floor. 4 weeks is like $1,600 a month. Add to get a check in the mail in the next cou- The PRESIDING OFFICER. The Sen- that the $600 benefit, and we are talk- ple of weeks. That is helping relief, but ator from Delaware spoke first and is ing about $2,200 per month. it doesn’t create an incentive for con- recognized. If somebody is working full time— duct tomorrow. What I don’t want is Mr. CARPER. Mr. President, replying Mr. SASSE. Six hundred per week. for people to be sitting there making a to my colleagues, I think the Senators Mr. CARPER. Excuse me. There you choice—making a very rational choice. from Nebraska and South Carolina go. But if you add the numbers, I am Look, if you are sitting there and know that I have great affection and not sure we end up with $24 per hour in saying, Well, gosh, I can make a lot respect for them—and I have from the Delaware. more money staying at home with my day they got here. Mr. SASSE. Twenty-six. kids and not working than if I go back I used to be a State treasurer. I was Mr. CARPER. It might be the case, to the job, that is not an irrational de- elected at the tender age of 29. Dela- but I would have to see those numbers. cision if you are making 28 bucks an ware had the worst credit rating in the My secretary of labor said he thought hour to stay home. We are causing that country. We were dead last and that the number that we were looking problem if we are incentivizing people couldn’t balance our budgets to save at here was something like $13 an hour not to work, and that is not, ulti- our souls, and we had pretty much no in Delaware, when you add it all in, as mately, in their interest or in the money in the unemployment insurance opposed to 24. So we will go back to do economy’s interest. This is hurting fund. our math.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.047 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2051 Mr. SASSE. Will the Senator yield? What I was doing was going to have a the health and the safety of Mr. CARPER. Happy to yield. cup of coffee with the Senators I didn’t Michiganders and people all across this Mr. SASSE. I don’t think that any of know well, and I asked if I could maybe Nation. There is no doubt we are facing us think that a math debate is the have a cup of coffee with him. He said: an unprecedented public health emer- most productive way to spend our time We will do better than that. Come to gency and an economic crisis at the in the Senate, but just so we are all my hideaway, and we will have lunch same time. talking on the same song sheet: $400 a together. I said: That is great. Families in my State of Michigan— week, add $600, is $1,000 a week. Divided I didn’t think we ever would, but it and Americans all across this coun- by a 40-hour week, that is $25 an hour. was a nice offer, a nice idea. Two weeks try—are worried about their health and I don’t know how you explain that to later, we had lunch together in his their safety and whether they are people who are making 15, 16 bucks an hideaway. It was like a Kennedy mu- going to be able to make ends meet hour in Delaware, that you are now seum. Some of you have been there be- during this emergency. We must act going to pay them $25 if they become fore. It is an amazing place. quickly to provide relief for struggling unemployed. I remember I asked him: How is it families and small businesses and The Senator from Illinois said this is that so many Republicans here want healthcare providers. And even as we the program only for people who are in- you, Ted Kennedy—the most liberal move with the urgency that this dif- voluntarily separated. If that is the Democrat, maybe, we had at the time— ficult time demands, we must ensure way the program worked, it would be to be their lead cosponsor on their that this bill is done right and that we great, but anybody who has ever spent bills? Why is that? are getting the right help to the people any time with unemployment insur- And he said: I am always willing to who need it the most. We must act ag- ance programs in your States knows compromise on policy, never willing to gressively, and now we must do every- that is not how it works. compromise on principle. thing to provide relief to workers and How it actually works is, once you I think that the policy here is that, families in Michigan and across the create a disincentive to work, employ- when people are unemployed and they country. ers regularly work with employees to need help, we want to help them, and Americans are facing an unprece- say: I kind of would like to drive you we help them in a timely way. dented personal, health, and financial off the system, and I think you should Mr. CRUZ. Will the Senator yield for challenge. Workers in my home State recognize this would be better for you, a question? of Michigan who are forced to stay too, if you can casualize it. That is ac- Mr. CARPER. I will just finish my home from work due to the coronavirus tually what happens. thought, and then I would be happy to. shouldn’t need to worry about whether I will yield the floor back to the Sen- But in a timely way. And I am just they can pay their bills or put food on ator. concerned—my second concern, along their table. Mr. CARPER. I thank the Senator with my first concern: I am just con- That is why I authored legislation very much. I will go back and will re- cerned that the idea to deal with this that is included in this package before engage with our secretary and make in a timely way is going to be dimin- the Senate to expand unemployment sure we have the math right. ished, maybe significantly. We just, assistance. We have never had unem- The other point that he made—I honestly, don’t know. ployment benefits in response to a pub- asked him: How hard would it be to ad- I am happy to yield. lic health crisis, but we have never Mr. CRUZ. A question to the Senator. minister? Is it something we could seen an emergency on the scale of what The Senator said that you were con- stand up in a couple of weeks or are we we are seeing right now. We must sup- cerned about implementation and that talking about months or what? He said port workers who are not receiving a it may not be timely at the State level this would not be an easy thing, admin- paycheck or have been laid off due to to implement this. istratively, to do. And at a time where coronavirus. I think, just prior to when you came That is why I fought to create an un- we are anxious to get the benefit out to the floor, I suggested a possible employment compensation program to the door in a hurry, this would not be amendment to the Senator from Ne- provide federally funded benefits to easy. I would just ask us to keep that braska’s amendment that would add a people who are unable to work during in mind. qualifier, something like, ‘‘to the best this pandemic. It would expand unem- One of the people I talked to last extent practical.’’ So it doesn’t slow ployment benefits to workers who have week when I was trying to figure out, the program down, but it acknowledges exhausted their State unemployment really, what kind of big package legis- that both the Department of Labor and benefits, and it would make unemploy- lative package No. 3 should be—Leon the States should endeavor to implement benefits available to people who Panetta is one of the people I talked ment this in a way that ensures people don’t usually qualify—including small to. He told me about the three t’s: don’t get paid more not to work than business owners, freelance writers and timely, targeted, and temporary. Those to work. workers, independent contractors, sea- are the three that he talked about. So it adds a qualifier. You just sug- sonal workers, and people who have re- Timely means making sure we figure gested there might be bipartisan agree- cently started or were about to start a or calculate the right benefit but that ment. Would the Senator from Dela- new job. we are able to turn around and pay it ware be amenable to such a change? And it provides workers with ex- in a timely way. Mr. CARPER. I would be happy to tended unemployment insurance so What I gathered from my secretary discuss that with you and better under- that hard-working families can have of labor is we are not going to be able stand what you offer. I wasn’t here some certainty that they can stay to incorporate what they are doing at when you spoke. Thank you. afloat financially during this crisis the State level, feed into that the I yield the floor. that is likely to last awhile. State and the Federal benefit, and do it The PRESIDING OFFICER. The Sen- Our small businesses have been hit in a timely way. I think, if we could do ator from Michigan. especially hard, and some are at risk of that, you would have, probably, a fair Mr. PETERS. Mr. President, for over having to close their doors or lay off amount of bipartisan support. But it is 200 years, the American people have their employees. Our small businesses that delay, and we just don’t know how shown resilience in the face of great are the backbone of our economy, and long that delay would be. challenges. From civil wars, inter- they need support now more than ever. Ted Kennedy used to sit behind me national conflicts, and—yes— That is why I worked with my col- when I first came to the Senate. And I pandemics, we have faced these chal- leagues on the Small Business Com- noticed that I knew some Senators. lenges united and with resolve. mittee to craft legislation to expand DICK DURBIN and I served in the House Like the challenges of the past, the funding available for small business together, and other people, we had been novel coronavirus pandemic is a crisis loans. Governors together. I didn’t know Ted that, together, we can and we will As a result of those efforts, this Kennedy. One day I said to him: I am overcome. package now increases the funding for new here in the Senate, and I don’t As the cases of COVID–19 increase the popular and successful 7(a) small really know you very well. each day, my top priority is protecting business loans to $350 billion.

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.055 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2052 CONGRESSIONAL RECORD — SENATE March 25, 2020 I also pressed for additional fund- leaders, public health experts, and na- are estimating that by June, the end of ing—$240 million—for small business tional security officials. next quarter, unemployment could be development centers and women’s busi- It will continue to take each and 20 percent or 30 percent—and what this ness centers and an increase in funding every one of us doing our part and bill does say is that whether or not you for minority business centers as well. working together to prevent the spread are eligible for unemployment today, These funds will go a long way toward of this pandemic, protect public health, you are going to get unemployment helping small businesses pay their rent and continue to address this economic compensation. And that means many and keep their lights on. crisis. But together, I know that we of the gig workers—people who drive This legislation also includes signifi- will get through this, and we will come Uber cars—many of the waitresses and cantly more funding that will go to our out stronger on the other side. waiters who make starvation minimum hospitals and healthcare system. This I yield the floor. wages, many so-called independent funding will ensure that our over- The PRESIDING OFFICER (Mr. contractors will be eligible for the ex- stretched hospitals can make up for SCOTT of South Carolina). The Senator tended unemployment benefits. And lost revenue, keep their doors open, from Vermont. that is exactly the right thing. Mr. SANDERS. Mr. President, let me and make payroll for the dedicated The other thing this bill does, which be very honest and tell you that there nurses, doctors, and healthcare profes- is right, is say: OK, we are in the midst is much in this bill—and we have not sionals who are on the frontlines fight- of a horrific crisis, unprecedented in yet seen the printout yet—that I am ing day in and day out to stop this pan- modern American history. Not only are concerned about. I am especially con- demic. you going to get your regular unem- cerned that the administration will be I have been working closely with the ployment benefits, we are going to add able to spend $500 billion in virtually hospitals and healthcare providers in another $600 a week to it. Michigan, and they cannot stress how any way they want—any corporation critical this funding is to their ability they want—with virtually no strings And now I find that some of my Re- to continue providing care and comfort attached. publican colleagues are very distressed. during this pandemic. I will keep fight- The American people, at a time of They are very upset that somebody ing to ensure that they have the re- massive income and wealth and in- who is making 10, 12 bucks an hour sources—the supplies, the gloves, the equality, do not want more corporate might end up with a paycheck for 4 masks—and the medical equipment welfare, and they do not want policies months that is more than they re- they need to protect themselves and that will allow corporations in some ceived last week. Oh, my God, the uni- their patients from coronavirus. cases to receive loans or grants and verse is collapsing. Imagine that. Finally, as the ranking member of then do stock buybacks to enrich their Somebody who is making 12 bucks an the Homeland Security and Govern- stockholders, provide dividends, or hour now faces, like the rest of us, an mental Affairs committee, I worked maybe raise the compensation benefits unprecedented economic crisis and, closely with Chairman RON JOHNSON to of their already wealthy CEOs. with the 600 bucks on top of their reg- ensure that this legislation has strong What the American people want right ular unemployment check, might be oversight provisions in place. We must now is for us to use our taxpayer dol- making a few bucks more for 4 months. ensure that the funds we are author- lars in every way we can to protect the Oh, my word, will the universe survive? izing are going to the people, the small working families of this country, to How absurd and wrong is that? What businesses, and the healthcare pro- protect the middle class, to protect the kind of value system is that? viders who need them the most. 50 percent of our people who are living Meanwhile, these very same folks Our oversight provision creates a paycheck to paycheck. had no problem a couple of years ago Pandemic Response Accountability As we speak tonight, half of our peo- voting for $1 trillion in tax breaks for Committee—a Board that is made up of ple in this country—in the richest billionaires and large, profitable cor- agency watchdogs who will be charged country in the history of the world— porations—not a problem. But when it with auditing and investigating the ad- are living paycheck to paycheck. They comes to low-income workers in the ministration’s coronavirus response ef- wake up in the morning, and they are midst of a terrible crisis, maybe some forts and how your hard-earned tax saying: Do you know what? I can bare- of them earning or having more money dollars are being used to address this ly make it on the paycheck I got be- than they previously made—oh, my serious crisis. cause I am making 12, 13, 14 bucks an word, we have to strip that out. We are also requiring the Govern- hour, and now that paycheck has By the way, when the MCCONNELL ment Accountability Office to audit stopped. How am I going to pay my bill first came up, unbelievably—and I where these funds are going and keep rent? How am I going to put food on know many Republicans objected to Congress and the American people up the table for my kids? How am I going this—they were saying that we want to to date through real-time, publicly to make sure the lights remain on? give—whatever it was—1,000 or 1,200 available reports. This model was used How am I going to pay my student bucks, but poor people should get less. to successfully track spending from the debt? How am I going to pay my credit You said: Because poor people are down 2009 Recovery Act during the great re- card debt? If somebody in the family here, they don’t deserve—they don’t cession, and I was proud to work with gets sick, how am I going to pay for eat; they don’t pay rent; they don’t go my Republican chairman to get this that? to the doctor; they are somehow infe- This bill has been worked on exten- important accountability measure in- rior. Because they are poor, we are sively in the last few days. There are cluded in this bill. going to give them less. That was ad- elements in it that, in my view, are This bill is an important step forward dressed. Now everybody is going to get positive—don’t go far enough by any to address this crisis head-on and en- the $1,200. sure our Nation can get back on track means—but one of the things this bill once we have addressed the serious does do is provide the largest expansion Some of my Republican friends have public health threat and the resulting of unemployment benefits in history, not given up the need to punish the economic crisis as well. It is an impor- expending about $250 billion of Federal poor and working people. You haven’t tant step, but it is not the last action funds. What it does, importantly, is the raised the minimum wage in 10 years. we will need to take before this pan- bill understands that for all kinds of Minimum wage should be at least 15 demic is over. absurd reasons having to do with the bucks an hour. You haven’t done that. I am going to do everything possible Republican attacks on workers for You have cut program after program to continue working with my col- many years, fewer than 50 percent of after program, and now—horror of hor- leagues in a bipartisan manner to en- American workers today are eligible rors—for 4 months, workers might be sure Michigan communities and fami- for unemployment benefits. earning a few bucks more than they lies have the resources and the support What this bill does, rightly so, is say otherwise would. they desperately need. I will also con- that in the midst of this terrible eco- Needless to say, this is an amend- tinue working closely with Michigan nomic crisis where some people—no- ment that is coming up, but I don’t Governor Gretchen Whitmer, local body knows—where some economists think it is going to go very far. If it

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.049 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2053 does go far, I will introduce an amend- multifaceted bill, and it is going to Mr. SANDERS. No, not permanently ment to deal with the corporate wel- take an enormous amount of work to but during the crisis, yes. fare—the $500 billion in corporate wel- make sure that the money goes where Mr. SASSE. OK. That is a helpful fare—which is, to me, a very serious it should go in a cost-effective way. clarification. problem. But I do not think they are This bill does a lot of other things, as The Senator was saying a lot of dif- going to get the 60 votes, and that will well, that I think will help the Amer- ferent things, and I thought he was ar- be the end of it. ican economy. guing for a UPI of 14 grand. I just want- This bill also includes some $250 bil- To conclude, this is not the bill I ed to clarify that point. lion in one-time checks of $1,200 for would have written. Frankly, I don’t The Senator believes a lot of things adults and $500 for kids. I have a couple think it is the bill most Americans very differently than I do, but I appre- of concerns there. No. 1, I believe that would have written. I think most ciate the fact that he argues forcefully in the midst of this unprecedented cri- Americans are very apprehensive that for his positions. I think this body sis we should make this a monthly ben- one-quarter of this bill is going to go to would benefit from having more people efit, not a one-time benefit. Depending large corporations with very little ac- who spoke as bluntly and directly as on what happens—and I expect very countability. the Senator from Vermont. I hope his much that this Congress will be recon- In a political season, let me make the positions will be voted down again and vening because I think this coronavirus radical suggestion that we have a again and again and again, but I appre- 3—the bill we are on right now—is President of the United States who ciate the way in which he argues for going to be superseded by coronavirus may end up targeting some of this his positions. 4. My strong guess is this does not go money to States that he needs to win. I thank the Presiding Officer. This bill has some good things. It has far enough. But the bill does include a The PRESIDING OFFICER. The Sen- some issues of real concern. One thing $1,200 check for adults, $500 for kids. ator from Oregon. we must not do is to punish low-income That will in the short term. We have to Mr. WYDEN. Mr. President, several workers who might get a few bucks do a lot better than that. Senators on the other side have been As many of you know, in countries more than they had previously earned. arguing against the provision in this The PRESIDING OFFICER. The Sen- around the world—UK, Denmark, other bill to supercharge unemployment inator from Nebraska. surance right now, which is something countries—the approach they are tak- Mr. SASSE. Mr. President, I just lis- on which Senate Democrats have nego- ing, which makes sense to me, is to ba- tened to the speech by the Senator tiated with the Trump administration, sically say to employers: If you keep from Vermont. There is obviously a lot Secretary Mnuchin, and Chairman your workers on the job, even if they we don’t agree on in life and policy, GRASSLEY. Based on what I am hearing are not working right now, we will pay. politics, and economics. He caricatured from the Senators on the other side, The UK pays 80 percent of their salary; the entire purpose of this amendment other countries are a bit higher. I tonight. The purpose of this amend- you would think that this provision think that is the direction we should ment is to affirm work. was pretty much going to end Western have gone. This is a little bit more con- Under his vision, I don’t know ex- civilization. voluted. What we do here is give $367 actly where he thinks the workers who Now, supercharging unemployment billion in loans to small businesses, stock shelves and drive trucks right benefits has long been a priority for and those loans could be forgiven if now would come from because he made Senate Democrats, and we have been those small businesses don’t lay off an argument about government sub- fighting for those improvements in un- workers. I think, for a variety of rea- sidies that would be, on a permanent employment since the process began. sons, that is exactly the right thing to basis, higher than the wages of all In our view, it is the key to getting do. those jobs. I don’t understand how his help to where it is needed the most. The goal right now is to stabilize the economic system would ever actually Believe me, colleagues, when you see economy by telling workers that they work. the unemployment claim numbers to- will have their jobs when they come But I would like to praise him here. morrow, if the numbers are accurate, back, when this thing is over, and in Two things: One, he said something this Chamber is going to see that the the meantime, they will have all or that politicians usually don’t say. Usu- unemployment crisis will be exploding most of their income. That is my pre- ally when people say they will vote for in America. ferred approach. something, they say the bill is salvific I don’t believe anybody in our great This bill provides $150 billion to and utopian and going to do everything country should fall into destitution as States and cities. I can tell you that in right, and if they are going to vote a result of this pandemic, so I, obvi- Vermont—and I am sure in every other against something, they say it is the ously, disagree with my colleagues who State in this country, States and cities worst thing that has ever been written. oppose so strongly our amendment to are hurting because we all know there Senator SANDERS just said that this improve unemployment benefits. I just has been a major decline in tax rev- bill has a lot in it. It is big. It is want to make a few key points in re- enue. That is an important thing do. clunky. We are in the middle of a na- sponse to their argument. By the way, in the midst of this cri- tional emergency. There is some good First, I start with an argument that sis, a lot of the responsibility is going in it; there is some bad in it; and he is just about knocked the wind out of me to fall on local and State government. going to vote for it. when I heard it earlier. It is the idea One of the concerns, of many, that I I also believe this bill is big and that nurses are going to quit their jobs have about this bill is that in the best clunky and stinky. There is a lot that as a result of this legislation. of times, this bill requires an enormous is broken in it. There is some that is Nurses are not going to be quitting amount of work by the Federal, State, good and necessary and important. their jobs to get unemployment bene- and local governments. How do you get There is a lot that is bad and poorly fits because that is not how nurses all these unemployment checks out? thought out and not going to be imple- think when they get up in the morning. How do you deal with all of these small mented very effectively. On that, I am By now, everyone has seen the Hercu- businesses that may apply for these also inclined to vote for it. So I appre- lean efforts of our nurses who have loans? This is hard stuff. It becomes ciate his candor in his admitting that been fighting the pandemic. Nurses in even more difficult when so many this is kind of a big ‘‘crap sandwich.’’ America are brave, and they care. They workers who work for local and State In addition, I praise the Senator from are true professionals. From Portland, governments are not coming into work Vermont for his candor in saying some- OR, to Portland, ME, they are on the because of the coronavirus. thing that I totally oppose, but I appre- frontlines of this fight and are putting One of the issues we are going to ciate his integrity and honesty in ad- themselves in harm’s way to save the have to focus on big time is the imple- mitting it. He said, I believe—correct lives of our neighbors whether they be mentation. If anyone thinks, just pass- me if I am wrong, sir—he wishes the in South Carolina, Oregon, or any- ing this bill, that tomorrow everything $1,200 emergency payment would be where else. They don’t cut and run. is going to flow smoothly, you are made monthly and permanently; is Also, contrary to the suggestion of my sadly mistaken. This is a complicated, that right? colleague from Nebraska, retired

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.050 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2054 CONGRESSIONAL RECORD — SENATE March 25, 2020 nurses have been coming out of retire- the least we can do as lawmakers is to months, but I think we have developed ment in droves to help treat patients have their backs when it comes to some ideas that can be part of reform- who are suffering because of the their surviving this economic crisis. ing the unemployment compensation coronavirus. All of my colleagues know we are on system after those 4 months. Second, it is a head-scratcher to me the third bill in the fight against the Now I want to turn to why this that my colleague from Nebraska is virus. MITCH MCCONNELL’s first version agreement raises benefits specifically raising this objection now. I am the of this bill did virtually nothing for by $600 per week. I have heard my col- ranking Democrat on the Committee those who lost their jobs. I read it care- leagues and their strenuous objections on Finance. I learned about his objec- fully. Out of 247 pages in the Repub- to that amount. The reason it is $600 is tion when I watched his press con- lican leader’s first bill, only 8 lines of because Labor Secretary Scalia, after ference, and then I called him about it. text—not 8 pages but 8 lines—dealt meeting with the Senate negotiators— The proposal has been out there for with filing for unemployment online. myself, Senator GRASSLEY, Secretary days, and Senators have known about That bill had an awful lot of corporate Mnuchin, Senator MENENDEZ, Senator it the whole time. It is not a drafting goodies and lots of slush funds for big PORTMAN; a big group of us—Secretary error, and it is not a last-minute sur- corporations but just a few measly Scalia, after meeting with Senate ne- prise. What the Senator from Nebraska lines for people who were hurting—for gotiators, left us with no other way to wants to drop now, in effect, was part workers who were hurting, for workers get benefits to workers quickly. Sec- of the bill. who were losing their jobs. retary Scalia said that the States had The Presiding Officer is a member of The Senate Democrats fought for and no other way to get the benefits to our committee, and I enjoy working won the changes that make up this ro- workers in time. with him. What the Senator from Ne- bust, expanding, supercharged program We needed a simple solution. And I braska wants to drop now was, in fact, of unemployment insurance. It is based know my colleague, the distinguished part of the bill that Republican Leader on a bill that I and our colleague Sen- President of the Senate, and others MCCONNELL introduced on Saturday. ator PETERS introduced not long ago. who are sponsoring this proposal to un- He introduced it on Saturday because First, in these punishing economic ravel what Senate Democrats did with the Senate Democrats insisted on its times, Americans are going to need Secretary Mnuchin, the Trump admin- being part of the package, and as Sec- more weeks of coverage than they istration, and Chairman GRASSLEY may retary Mnuchin said this afternoon on would otherwise get from unemploy- not believe me, but I want to share the national television—we all heard it— ment insurance. The existing length of words of Secretary Mnuchin himself, the Republicans agreed. I will have a unemployment benefits will not cover and specifically on this question of why little more to say about Secretary the time this crisis will last. we were focused on making sure that Mnuchin’s remarks in a minute. Second, the Senate needs to mod- workers could get that extra $600 a Third, I want to talk about why this ernize the unemployment insurance week. is so needed—why my Democratic col- program because it really hasn’t Just today, Secretary Mnuchin said: leagues and I have worked so hard to changed much since it was developed in Most of these state systems have tech- help the millions get through these Wisconsin in 1932, and, in 1932, nobody nology that is 30 years old or older. If we had horrendous times who have been hit by was talking about gig workers. The un- the ability to customize this with much this economic wrecking ball. employment program that was in- more specifics, we would have. This was the For most Americans, the old unem- only way we could ensure states could get vented then has not changed all that the money out quickly and in a fair way so ployment rules would cover only a much. It certainly wasn’t built to take we used 600 dollars across the board. I don’t third to a half of their lost wages. That on the kind of challenge our country think it will create incentives, most Ameri- was it. It is pretty hard to pay the rent faces right now. cans want what they want: they want to and put food on the table with that. The Democratic Senators and I keep their jobs. Even before this crisis, the Federal Re- looked at that system and said this old That is what Secretary Mnuchin said serve found that nearly half of Ameri- system wouldn’t be good enough for today in defending the language that is cans wouldn’t have been able to have independent contractors, the self-em- in the bill as, in effect, the fastest, sim- come up with $400 cash to cover costs ployed, gig workers, part-time workers, plest way for workers to get their bene- in an emergency. Let’s face it. Millions and freelancers who are a big part of fits and why we disagree so strongly of Americans were walking on an eco- the face of the modern economy. They with the amendment from the Senator nomic tightrope of balancing their rent are not the kind of workers anybody from Nebraska to unravel that ap- against the food and the food against was thinking about in 1932, when the proach. the fuel, and that was before the pan- program was invented. The Senate The math shows that standard pay- demic. Democrats led the effort to get those ment of $600 is the simplest way to get That is why we on our side feel so people coverage. I am glad that, at one to full wage replacement without caus- strongly and are so appreciative of the point in the negotiations, we could get ing, as of now, an administrative train work of Senator PETERS and Senator bipartisan support for it. wreck. MENENDEZ, who helped in the negotia- For the people who still have their So I am going to close on this. I am tions, and, of course, of the leader’s jobs but who have had their hours sure that everybody here read that un- work. We all said we need an improved, slashed, we are going to bat for them. employment claims are expected to go supercharged unemployment benefit to For the people in the service economy, up by 2.5 million in 1 week when the replace people’s lost wages. These are who are those in the restaurants, sa- statistics are released tomorrow. Let people who shouldn’t face a choice be- lons, gyms—you name it—all of those me say that again—2.5 million. That is tween homelessness and hunger or people who are suffering because their almost as many jobs that were lost in bankruptcy because a virus has shut jobs and their businesses have been put the entire year of 2008 when the great down our economy and cost them their on pause—we are going to bat for them. recession hit our country so hard. It is jobs. This isn’t the fault of any work- We are talking about millions and mil- the single largest rise in unemploy- ers in South Carolina or in Oregon or lions of Americans—people who are ment since that figure began to be anywhere else. looking at hard times ahead and who tracked. Twelve entire months’ worth While the consumer economy is shut- need our help now. of great recession job losses—that is tered, Congress has a responsibility to The old unemployment insurance how many unemployment claims make sure that Americans can bounce system wasn’t working, so the Senate economists expect to see in a single back in a matter of weeks or months. Democrats said: We are going to come week. Otherwise, millions will struggle and together, and we are going to go to bat This country has never faced any- be slow to recover from the economic for all of those independent contrac- thing like it. It is not a normal reces- crisis, and many might not make it if tors, those who are self-employed, the sion. This isn’t a normal bill to try to the Senate doesn’t move to help them freelancers, and the gig workers. stimulate the economy in which the now, now, now. The panic people feel Now I think that not only are we government tries to give the economy over the virus is already too much, and going to help them over the next 4 a shot of fiscal adrenaline. This is a

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.053 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2055 time when we face a shutdown of entire who are being hit hard in this crisis— care workers and first responders; $4.6 sectors of our economy. What the Con- to access benefits. Importantly, for million for housing assistance grants; gress needs to do is keep our economy Americans living paycheck to pay- $9.6 million to support the State’s air- alive and act now. We are not going to check, this bill will deliver these bene- ports; $4 million in LIHEAP assistance; do that by shortchanging workers who fits to workers sooner. To help the $5 million in Community Services are losing jobs, losing hours, or losing small businesses struggling to keep Block Grant funding; $2 million in gigs. their doors open, to find a path to re- Byrne-JAG assistance to law enforce- I feel so strongly that Americans open on the other end of this pandemic, ment; and $3 million in election secu- want to work. Businesses want to keep this bill supports loan forgiveness to rity assistance grants. their employees on the job. Americans small businesses and some nonprofits, Finally, this bill includes important want the economy to spring back to and provides critical funding to sup- oversight and accountability measures life once the pandemic is under con- port payments of existing loans to that will require this administration to trol, and that is what supercharging small businesses through the Small report publicly to the American people. unemployment benefits is all about. Business Administration. This is a taxpayer-funded relief bill. So here is the bottom line on the pro- The bill provides $340 billion in emer- The Executive Branch must be ac- vision that Senate Democrats agreed gency appropriations to give new re- countable to those taxpayers. Finan- with the Trump administration, Sec- sources to help strained State, local, cial relief to address the coronavirus retary Mnuchin, and Chairman GRASS- and tribal governments as they combat pandemic should not be turned into a LEY on—our proposal was not a draft- this pandemic. These resources support slush fund for a president seeking re- ing error. It didn’t pop out at the last hospitals and health care workers on election, with little accountability to minute. It is not going to bring about the front lines of this public health cri- the people whose money he is spending. the end of Western civilization. sis. They fund the purchase of personal I urge the Senate to pass this bill I hope my colleagues on the other protective equipment and much needed today, and I hope the House will swift- side of the aisle will review what Sec- medical equipment. The bill supports ly follow. This is an emergency relief retary Mnuchin had to say this after- our law enforcement and first respond- bill. Congress will need to take further noon on national television, supporting ers; funding for scientists researching action to provide needed stimulus to what Senate Democrats negotiated treatments and vaccines; support for our State and local economies, to sup- with him and the administration, and small businesses; support for local port our schools, including institutions join us in making sure millions and schools and universities; and funding of higher education, and to support dis- millions of Americans don’t fall into for affordable housing and homeless- placed workers who are the fabric of destitution. ness assistance programs. The bill will our national workforce. I yield the floor. provide immediate relief to farmers in But with this bill, we provide support The PRESIDING OFFICER. The Sen- Vermont and across the country who to the victims of this terrible virus: the ator from Vermont. continue to feed our communities dur- healthcare providers and first respond- Mr. LEAHY. Mr. President, America ing this emergency, with an emphasis ers on the frontlines, the essential is at an inflection point. We are facing on those farmers serving our local food workers who are keeping our store a public health crisis unlike any we systems. Importantly, the bill will not shelves stocked and the necessities have seen in generations. Governments permit the transfer of emergency fund- available, and the families hit by the at every level are racing to respond, ing to battle COVID–19 to the Presi- fallout from this pandemic. react, and mitigate the crisis. dent’s misguided projects including the I have been fortunate. I have been Communities and counties are fearful border wall. married now for almost 58 years to one their hospital systems will be overrun, On top of all this, the bill includes a of the best medical surgical nurses I and needed supplies are unavailable. $150 billion Coronavirus Relief Fund have ever known. I hear her tell it like States are struggling to support local that will provide State local, and Trib- what it is. Marcelle tells me what the and state-wide economies that are in- al government with additional re- doctors and nurses face in a situation creasingly hit with store closures and sources to address this pandemic, all like this. I pray that neither you nor I, business suspensions. Unfortunately, with an important small State min- nor any other Member of this body will the Federal Government—starting with imum to help states like Vermont. have to face what they face on the the President—has failed to offer clear I think of our own Governor, Repub- frontlines of a crisis like this one. We leadership to navigate this crisis. lican Governor, who has worked so should go forward and pass this bill and But today marks a turning point, hard to help our State. This will give do that today. thanks to the leadership the Senate him some tools, as it will to our Speak- We must all heed the call of the med- will show by acting on this bipartisan er of the House and our President pro ical professionals and experts calling emergency relief package—today, with- tempore of our legislature. for dramatic but essential action to out delay, and without hesitation. In Vermont, Governor Scott has stop the spread of this virus. That re- The package before us includes three made the difficult but prudent decision quires leadership—from this Chamber important pillars. First, it directs eco- to restrict statewide activities only to and from the President of the United nomic assistance for businesses and essential services, we, too, are feeling States. The eyes of the Nation will workers. Second, it provides emergency the impact of the coronavirus. With watch how we further manage this cri- funding to support our over taxed med- over 120 confirmed cases, our small sis. Now is not the time to waiver in ical system, which is bracing for a State is already reeling from the eco- our resolve to do what is in the best in- surge in patients as the coronavirus nomic effects. I am pleased that the terest of the citizens whose interests continues to spread. And finally, it pro- Coronavirus Relief Fund will support we are sworn to protect. vides critical oversight to ensure that States and that it includes an impor- I yield the floor. the funding Congress provides goes to tant small State minimum that will I suggest the absence of a quorum. the people who need it—not to line the have significant impact in Vermont. The PRESIDING OFFICER. The pockets of corporations and executives Through formula grant funding, clerk will call the roll. who continue to benefit from the most States will benefit from this package. The legislative clerk proceeded to generous tax cut in history. In Vermont, that will mean $5.4 million call the roll. We will provide a massive investment through the CDC’s Public Health Emer- Ms. COLLINS. Mr. President, I ask in the unemployment insurance pro- gency Preparedness program; $4.2 mil- unanimous consent that the order for gram, ensuring that unemployed work- lion for assistance through the Com- the quorum call be rescinded. ers can receive a maximum benefit in munity Development Block Grant pro- The PRESIDING OFFICER. Without this time of economic crisis. These re- gram; nearly $20 million for public objection, it is so ordered. forms will also extend unemployment transportation emergency relief; $4.3 Ms. COLLINS. Mr. President, I see insurance eligibility for an additional million to provide child care assistance that the Senator from Maryland is on 13 weeks and will allow part-time, self- to those on the frontline of the the floor, and I think he arrived a employed, and gig economy workers— coronavirus response, including health minute or two before me, so if he would

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.057 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2056 CONGRESSIONAL RECORD — SENATE March 25, 2020 like to go first, I would want to give ministration-certified lenders, includ- I want to make clear that these large him that opportunity. ing certain banks, credit unions, and businesses would be barred from stock Mr. VAN HOLLEN. Mr. President, I other financial institutions, and a buybacks and increasing executive pay am grateful. I thank the Senator from streamlined process would be created for the duration of the loan, and I fully Maine, but I am happy to have her go to bring other additional lenders into support those restrictions. first. the program. Of course, many of those small busi- Ms. COLLINS. Mr. President, all The size of the loans would be tied to nesses don’t have shareholders, so the across the country, Americans are a formula based on the small business’s idea of a stock buyback doesn’t exist. stepping up in response to the average monthly payroll, and that Some of them that are subchapter S coronavirus pandemic sweeping our Na- would go back to February 15 since may, but many of them do not. tion. Doctors and nurses are working that is when the coronavirus really I am also pleased to say that we endless hours and putting themselves started to come to our country and would cover the sole proprietor, the at risk to care for the surge in pa- have an impact. independent contractor—those many tients. Manufacturers, including many The maximum loan amount would be individuals whom we rely upon to companies in my State, are working $10 million. As long as these small make our economy work. overtime and retooling their product businesses retain their employees and Following my advocacy, along with lines to produce medical testing swabs, issue those paychecks—which, keep in Members from other coastal States, I ventilators, and personal protective mind, also means in many cases that am also pleased that the bill includes equipment, all of which are vitally those employees will get their health $300 million to assist workers and busi- needed. Truckers are going above and insurance as well—the portion of the nesses in our Nation’s fisheries, which beyond, missing time with their fami- loan used to cover payroll and mort- support thousands of jobs in the great lies so that they can deliver goods gage interest, rent, and utility pay- State of Maine. With this legislation, needed to restock depleted grocery ments would also be forgiven. harvesters, fishing communities, agri- shelves. People are looking out for Furthermore—and this is important culture operations, and other fishery- their neighbors in a safe way. They are to States like those of the Presiding related businesses would be eligible for checking on them. They are making Officer’s and mine that have large this $300 million in assistance, which personal sacrifices to help prevent the numbers of tourists coming each year— may include some direct relief pay- virus from spreading to the most vul- employers with tipped employees ments. This helps protect our food sup- nerable members of our society. would receive forgiveness for the addi- ply chain. This targeted relief will help Help is on the horizon for small busi- tional wages paid to such employees. ensure that the families in coastal nesses and their employees who are In addition, I want to point out that communities who depend on our fish- facing economic devastation through workers who already lost their jobs due eries can emerge from this crisis. Simi- no fault of their own. to this crisis can be rehired and paid lar assistance is provided to our farm- I have talked to small business own- under our program, and that should be ers as well. ers all across our State, including our goal. This bill also provides more than $30 small mom-and-pop operations like a Mr. President, this vital assistance billion for States, school districts, col- third-generation diner operated and cannot come a moment too soon. There leges, and universities to help them owned by the Simones family in Lewis- are so many small businesses that have meet the unexpected expenses that ton, ME. For the first time ever in already shut down or are on the verge have flowed from the coronavirus cri- three generations, they have had to of doing so. They are trying to hang on sis. Our K–12 schools will have access close their doors. They had no choice. just a little longer to avoid laying off to $13.5 billion, which will help them As Linda Simones told me in tears ear- their employees, who are like members support remote learning and meeting lier this week: We have never been un- of their own family. In fact, in many the needs of their students. employed. Our son is unemployed. Our cases, they were members of their own I want to take a moment to recognize friends who have worked with us at family. the dedication of those teachers, ad- this diner for years are unemployed. Without this package, we face an un- ministrators, school food-service work- The agreement finally reached today employment tsunami that could reach ers, and bus drivers who are not only includes a $377 billion small business as high as 20 percent, according to the making sure that students have access economic relief plan that Senators Secretary of the Treasury. Not only to remote learning but are making sure RUBIO, CARDIN, SHAHEEN, and I au- would this cause tremendous harm to that students have access to meals off- thored as members of the Small Busi- millions of families, but it would also site. This bill provides funding to help ness Task Force. It is intended to help take a massive toll on the Federal them provide those meals in creative workers and small businesses just like budget, far exceeding the $377 billion but, unfortunately, more costly ways, the one owned by the Simones family that we are using for this small busi- such as delivering prepackaged meals in Lewiston. Our group worked day and ness assistance program to keep work- along bus routes or directly to students night to get this bipartisan package in- ers paid and employed. in their homes so that they won’t be cluded in the broader legislation. What we want is to make sure that hungry. We all know how important I want to do a shout-out to our staff those small businesses survive, that the School Breakfast and School Lunch because I don’t think they have been to they are here when we transcend this Programs are to our low-income fami- bed before 4 a.m. in the morning on any crisis, and that their employees are lies. day in the last week. That is how hard still able to go back to work for them. When colleges and universities made they have worked too. We don’t want to break that link, that the very tough decision to send stu- Under our bipartisan approach, small connection. We don’t want those small dents home for the semester, I spoke businesses would be eligible for a 100- businesses to give up and shutter their with several presidents in Maine, and percent federally guaranteed emer- doors forever, decimating our down- they told me about the steps they were gency loan to cover 8 weeks of payroll, towns and causing permanent job loss taking to make sure that their stu- as well as certain expenses like rent, for the workers who are so much a part dents could still receive a quality edu- mortgage payments, and utilities. If of their business. cation, albeit online or remotely. They these businesses keep their employees Larger businesses that are facing were also taking steps—as well they on the payroll—in other words, they cash flow issues would be eligible for should—to reimburse students and keep issuing those paychecks—their certain loans so they can avoid laying their families for room and board and loans would be completely forgiven. off their workers. However, unlike the for shortened travel study programs. Here is how it would work. Small em- small business assistance program, They are investing in the software and ployers with 500 employees or fewer where they would have their loans for- hardware infrastructures to bring would be eligible to apply for these fed- given as long as they keep their work- classes online quickly. They are doing erally guaranteed loans. The loans ers employed, the larger businesses even more than that. The University of would be available immediately would be required to repay these loans Maine, for example, has partnered with through existing Small Business Ad- in full. the State to prepare its dorms and its

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.058 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2057 facilities for emergency uses, if nec- tients the home healthcare that they cause we don’t want any American to essary. need. That is a critical improvement at say: I am not going to get tested even So the direct aid to colleges and uni- a time when our healthcare system is though I feel like I might have the versities is needed to help these insti- being put to the test and when people symptoms. I am not going to get tested tutions offset these sudden revenue are being told they need to stay in because I can’t afford it. losses and unexpected costs. There is their own homes to avoid spreading the It is putting both themselves and also temporary flexibility applied to virus. others in the community at risk. So we student aid and to student loans that The list of benefits that will be felt said we have to make sure these tests also will be very helpful. in communities across the country are free. This agreement is not only a lifeline goes on and on. We also provided sick leave because for workers, small businesses, and It is imperative that we pass this bill we don’t want anybody going to work schools, it builds on the previous two tonight. Every day, more small busi- when they feel sick and they have the packages that Congress has passed to nesses are forced to close their doors. virus if going to work is the only way promote the health and safety of Amer- Every day, Americans are losing their they can put food on the table, by get- icans. jobs and their income. Every day, med- ting a paycheck. So we said: Look, stay It makes substantial investment in ical professionals are increasingly at home, and we will provide for paid our Nation’s health system, biomedical overwhelmed by the exponential rise in leave. research, and education, including a cases. There was a gap—a big gap—in that $130 billion infusion for our hospitals (Mrs. LOEFFLER assumes the chair.) that still needs to be addressed. and healthcare providers who are The package we are voting to ad- We took some important measures in struggling to cope with this influx of vance tonight will bolster our phase 1 and phase 2, and now here we patients. healthcare system, infuse funds into are this evening on phase 3, where we It provides $20 billion for additional biomedical research that will ulti- are not only providing additional dol- resources for veterans’ healthcare. mately produce a vaccine and effective lars to fight the coronavirus and the It authorizes an $11 billion catalyst treatments, shore up our economy and health emergency but also dealing with toward the development of an effective our businesses, support those who are the economic fallout, which is growing vaccine and therapeutics. unemployed, strengthen the link be- by the day. I am not going to go It provides $1 billion for community tween employers and their employees, through all the provisions that do that. services block grants to support crit- save millions of jobs of those employed I will say that this bill is far from ical social service programs for mil- by small businesses, and help prevent a perfect. This is not a bill I would have lions of low-income individuals. devastating recession, perhaps even a written. I dare say it is probably not It gives the Centers for Disease Con- depression, in this country. the bill that any one Senator would trol additional funding to enhance its Let us not squander this momentum have written. But with all its flaws, it vital work. when we are so close to getting this does some very important things that It assists communities responding to done for the American people. I urge are absolutely necessary during this greater demands for services with an my colleagues to join me in passing national emergency. increase of $5 billion for community this critical legislation. There has been a lot of talk tonight development block grants. That comes I yield the floor. about the unemployment compensation from the subcommittee that I chair. The PRESIDING OFFICER. The Sen- provision. Those are absolutely essen- It helps with transit systems. ator from Maryland is recognized. tial as a lifeline to workers who each There is widespread help for those Mr. VAN HOLLEN. Madam Presi- day are losing their jobs around the who are homeless or who are among dent, as other Senators have men- country in many industries. It is abso- the most vulnerable in our population. tioned, we see our fellow Americans lutely essential that in that process, It strengthens the low-income home uniting around the country to fight the people who are out of work through no heating assistance program. That is coronavirus and to help those in need. fault of their own are still able to pay something Senator JACK REED and I Most of all, we are grateful to the men their bills, their rent or their mort- have long worked together on. We and women in healthcare, the gage, keep the lights on, get food, and don’t want families and seniors making healthcare workers on the frontlines of that is why we are working to make impossible choices between heating this fight—the nurses, the doctors, all sure they have real replacement in- their homes and buying food or medi- the other staff in hospitals and commu- come during this 4-month emergency cine. nity health centers and in clinics who period. This package also contains two addi- are putting themselves and their own The provisions regarding small busi- tional pieces of legislation that I have health at risk to help their fellow nesses and middle-size businesses are introduced and championed. Americans. very important too. I am sure we are First, it contains provisions from the We in the Senate, like our fellow all hearing from folks who already had Mitigating Emergency Drug Shortages, Americans, must come together to do to close their doors because when there or MEDS, Act—legislation I authored the right thing for the country at this are no customers coming in the door, that would help prevent a shortage of moment in time—to provide a surge of there are no sales, no income, and so if vital medication. I was shocked to help to those on the frontlines of the you are a small business, you can’t learn that 72 percent of the facilities coronavirus fight and to help those make your debt payments and you that make vital active pharmaceutical who are suffering from the economic can’t make payroll. So this bill does ingredients for our market here in fallout, workers and small businesses have a lot of very important provisions America are located overseas. Thirteen and midsize businesses and others who in it with respect to small businesses. percent of these facilities are in China. are absolutely getting clobbered as we I am really glad that we moved, with We just can’t have that. We need far all try to fight this virus together. respect to small businesses, to loans greater visibility into that supply sys- Congress must unite this evening, as only—to loans that would be forgiven tem. we have on two prior occasions during so long as the small businesses spent It also contains a bill I have long ad- this emergency when we came together those monies to, one, maintain payroll vocated for—the Home Health Care to pass phase 1 to provide emergency, or rehire people if they have already Planning Improvement Act. It will immediate healthcare support to pub- had to let them go, and, two, to pay es- allow nurse practitioners, physician as- lic health entities and to provide more sential bills. Just adding more loans sistants, and others to certify patients funds to do research on a vaccine for and debt onto small businesses would as needing home health services. Now the coronavirus and more funds for re- only be like an anchor around their it is just a physician who can do it search on antivirals to address the necks at the end of a 4-month or what- even though the physician might not coronavirus. ever period it may be. They wouldn’t be the primary care provider, particu- Then we passed phase 2, the Families be able to dig themselves out of that larly in rural areas. That will remove First Coronavirus Response Act, where hole. It was very important to have needless delays in getting Medicare pa- we made sure that testing was free be- loans that will be forgiven so long as

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.060 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2058 CONGRESSIONAL RECORD — SENATE March 25, 2020 the loans are used for the intended pur- States. There are more residents in the But, overall, we need this bill for the poses. District of Columbia, the Nation’s Cap- country. We need it because we have a We also made important provisions ital, than the State of Wyoming and national emergency, both on the for nonprofits that hire millions of the State of Vermont. They were left healthcare front and the economic Americans and as well for midsize busi- out of that category they are usually front. nesses. put in, and instead they were put into So I hope, going away from here, as With respect to some of the largest a formula with Puerto Rico, the Virgin we come together and I hope do the industries in the country that have Islands, American Samoa, and some of right thing with a large vote, that been hard hit, it is appropriate to also the territories. there will be some Senators, whoever give them help, but it is also important The net effect of that—the net effect were part of negotiating that deal and that as we do that, we safeguard the of putting the people in the Nation’s who said, no, we are going to short- American taxpayer and the public in- Capital in that formula versus the for- change the people in our Nation’s Cap- terest. mula with the States—will cost the ital, will feel a little bit ashamed. And When the proposal first arrived here District of Columbia about $700 mil- I think all those people who didn’t in the Senate from the White House, lion. That is because that other for- want to change this provision, which is we were looking at about a $500 billion mula is based entirely on population, easy to change just like that, should slush fund with no strings attached, no and Puerto Rico has about 3 million feel ashamed. real accountability, and no real trans- people in it. So when you put the Dis- This is our Nation’s Capital. The peo- parency. So we tried to tie that down trict of Columbia into that funding ple who live and work here deserve to so that we will have an inspector gen- kettle, into that funding pot, they get be treated with respect. There is no eral with subpoena power that will en- shortchanged $700 million. U.S. Senator who represents the people sure that there will be no stock That is the case even though the peo- of the District of Columbia. Some of us buybacks with these emergency funds. ple of the District of Columbia send the who live in the surrounding areas work Now, we are going to still look at the Federal Treasury more tax dollars than hard to do so. I just wish Senators from fine print, but we have come a long the people of 22 other States. Let me the rest of the country, and especially, way from the proposed blank check to say that again. The people of the Dis- in this case, apparently, our Repub- the Secretary of the Treasury, which trict of Columbia send the IRS more lican colleagues, would show a little was in the bill as it arrived here as pro- tax revenues than the people of 22 respect for the people who live in the posed by the administration. other States. Yet, when it came time Capitol of this great country. There is another thing that is in the to write the formula for distributing I yield the floor. bill that is before us tonight that was emergency funds under the Mr. SCHUMER. Mr. President, I am not in the bill proposed by the adminis- coronavirus, they weren’t part of the pleased that the final bill includes a tration, and that is badly needed help kind of funding formulas they nor- stabilization fund for States that the for States and cities and towns that mally are. pandemic has hit hard. Given the grow- are on the frontlines of this battle I asked about this because I thought ing dire fiscal emergency States are across the country. We heard about 5, 6 maybe this would be a simple fix. I facing as a result of the coronavirus, I days ago from the majority leader: Oh, mean, surely in a bill of $2 trillion in think it is very likely we will need to well, let’s just wait. Maybe we can do emergency relief, we can do right by come back and do more. States not that sometime down the road. the people of the District of Columbia only are fighting a growing pandemic, Well, we heard from a bipartisan and not shortchange them $700 million. but also a bottoming out of State reve- group of Governors through the Na- The answer I got back was no. No, no, nues from a lack of sales taxes, as a re- tional Governors Association that they this was not a mistake. This was not sult of responsible social distancing en- need that help now. I am sure you have an oversight. Republican negotiators couraged by the Federal Government, all been fielding calls from your elect- insisted on shortchanging the people of and income taxes, as a result of the De- ed officials, your Governors and others, the District of Columbia. If I am wrong partment of Treasury delaying the tax about how they desperately need addi- about that, it would be a very easy fix filing deadline by 3 months. We all are tional help to fight this virus. I am in an amendment that could be offered monitoring the situation closely and glad this bill contains $150 billion to by the majority leader and, I am sure, will provide further aid if needed. help those States. accepted unanimously—accepted For most States, maybe all of them, I want to raise tonight something unanimously—except for the fact that what they need to do with this money that I discovered about this bill just a this actually was a point that was ne- will be completely obvious, and we few hours ago that gives me real heart- gotiated. defer to the sound judgment of the burn and actually, I believe, reflects I am not going to hold up a $2 trillion States. Out of an abundance of caution, badly on this Senate. emergency rescue package that is ur- we included language requiring that Here is how we distributed the funds gently needed by the country for this, expenditures be related to the to the States. Each State, regardless of but I think it is shameful. I think it is coronavirus pandemic. This is intended population, gets $1.2 billion, and then shameful that, in a $2 trillion emer- to avoid a situation in which a State the remainder of the money—up to $150 gency rescue package, we would short- was to divert these funds to some new, billion—is distributed to States based change the people right here in the Na- unrelated project that had been re- on population. You can question tion’s Capital, people whom we see jected as part of the State’s regular whether that is the best and most ef- coming into work every day, many of budgeting process. We do not want to fective way to essentially allocate re- the Federal employees who work day in be paying for roads to nowhere or other sources when you are fighting a and day out for the Federal Govern- trivial expenses. coronavirus like this, which is more in- ment. Again, for most States, this will not tense in some places than others, but Many of them live here. Many of be an issue. The coronavirus has ex- that is not my overall point right now. them live in surrounding States. Many ploded their demand for services and Here is what we discovered: The peo- of them live all over the country. But strangled their revenue streams so this ple of the District of Columbia, the for the people who live here, to short- money will just be plugging those people of the Nation’s Capital, were change them and to do it intentionally holes. No responsible Governor or legis- left out of that formula. They are is really outrageous. lature is even thinking about new fighting the coronavirus just like So here we are, coming together, and projects at this time. We understand Americans in every other State and that is the right thing to do. As I said, that, at this point, all the impacts of city. They are part of other Federal this bill has many, many flaws and the coronavirus pandemic are merging formulas. For example, title I for edu- many, many problems. I certainly together. We do not intend to subject cation, highway funds, and other Fed- wouldn’t have written it this way, and States to additional paperwork or arbi- eral formula dollars go to the people of I would never have done wrong by the trary rules. If a State has needs that it the District of Columbia. people of the District of Columbia the would not have had without the The District of Columbia has a popu- way this was intentionally done, appar- coronavirus pandemic, that is more lation that is higher than 2 of the 50 ently, in this bill. than good enough.

VerDate Sep 11 2014 08:25 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.062 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2059 The PRESIDING OFFICER. The ma- unprecedented in living memory. Let’s staffs. The past few days have been jority leader is recognized. stay connected and continue to col- filled with drama. The past few hours Mr. MCCONNELL. Madam President, laborate on the best ways to keep help- were no exception. I know a few of my I ask unanimous consent that the clo- ing our States and our country through Republican friends still harbor reserva- ture motion with respect to the motion this pandemic. Let’s continue to pray tions about voting for this legislation, to proceed to H.R. 748 be withdrawn. for one another, for all of our families, but when there is a crisis of this mag- The PRESIDING OFFICER. Is there and for our country. nitude, the private sector cannot solve objection? The PRESIDING OFFICER. The mi- it. Individuals, even with bravery and Without objection, it is so ordered. nority leader is recognized. valor, are not powerful enough to beat The cloture motion was withdrawn. Mr. SCHUMER. Madam President, I it back. Government is the only force f will speak for a little bit, briefly. large enough to staunch the bleeding MIDDLE CLASS HEALTH BENEFITS The legislation now before us is his- and begin the healing. TAX REPEAL ACT OF 2019 toric because it is meant to match a This is a time when the American historic crisis. Our healthcare system people need their government. This is Mr. MCCONNELL. Madam President, is not prepared to care for the sick. Our what we were elected for. The oath we I ask unanimous consent that the Sen- workers are without work. Our busi- swear to the Constitution means we ate proceed to the immediate consider- nesses cannot do business. Our fac- must protect the general welfare of the ation of H.R. 748; further, that the only tories lie idle. The gears of the Amer- people. So let us marshal this govern- amendments in order be amendments ican economy have ground to a halt. ment into action. to be offered by Senator MCCONNELL, Our country has faced immense chal- There are millions of Americans No. 1578, and Senator SASSE, No. 1577, lenges before but rarely so many at the watching us right now at home on their or their designees; further, that the same time. televisions, separated from friends and Senate vote on the Sasse amendment Over the past few days, the Senate family, fearful for their children and with a 60-affirmative-vote threshold for has stepped into the breach. We packed their livelihoods, unsure of when the adoption; further, that following dis- weeks or perhaps months of legislative time will come when all of our lives position of the Sasse amendment, the process into 5 days. Representatives may return to normal. Let us tell them McConnell amendment, as amended, if from both sides of the aisle and both tonight that help is on the way; that amended, be agreed to, the bill, as ends of Pennsylvania Avenue have they are not truly alone; that this amended, be read a third time, and the forged the bipartisan agreement in country, that this Senate, that this Senate vote on passage of the bill, as highly partisan times with very little government is here for them in a time amended, with a 60-affirmative-vote time to spare. It has been a long, hard of dire need. This is a strange and evil threshold for passage; finally, if passed, road with a remarkable number of disease. There is much we still don’t that the motion to reconsider be con- twists and turns, but for the sake of know about it, and it is keeping us sidered made and laid upon the table millions of Americans, it will be worth apart. When we pass this bill, instead and that all rollcall votes in this series it. of hugging each other, we will wave be 30 minutes in length. It will be worth it to save millions of from a distance. The PRESIDING OFFICER. Is there None of us can know when this small businesses and tens of millions of objection? plague will pass. The only thing we jobs. Without objection, it is so ordered. know for sure is that we must summon It will be worth it to see that Ameri- The PRESIDING OFFICER. The the same spirit that saw previous gen- cans who have lost their jobs through clerk will report the bill. erations through America’s darkest no fault of their own will be able to pay The senior assistant legislative clerk hours. Fellowship, sacrifice, fortitude, their rent and mortgages and put food read as follows: resilience—that is what it means to be on the table because we passed the A bill (H.R. 748) to amend the Internal Rev- an American. With that spirit, this Na- greatest expansion of insurance to the enue Code of 1986 to repeal the excise tax on tion faced down war and depression and unemployed in decades. high cost employer-sponsored health cov- fear itself. I have no doubt that once It will be worth it to send gloves and erage. again America will ultimately prevail. There being no objection, the Senate masks to our nurses and to our doctors. I yield the floor. proceeded to consider the bill. It will be worth it to send ventilators The PRESIDING OFFICER. The ma- Mr. MCCONNELL. Madam President, and beds to our hospitals and begin re- jority leader is recognized. building the public health infrastruc- I ask unanimous consent that I proceed AMENDMENT NO. 1578 ture in America—a Marshall Plan in under my leader time. (Purpose: Providing emergency assistance The PRESIDING OFFICER. Without this new century for our medical sys- and health care response for individuals, objection, it is so ordered. tem. families and businesses affected by the 2020 Mr. MCCONNELL. Madam President, It will be worth it to save industries coronavirus pandemic.) so here we are, colleagues. For the in- from the brink of collapse in order to Mr. MCCONNELL. Madam President, formation of all of our Senators, we save the jobs of hundreds of thousands I call up the substitute amendment No. will first vote on the adoption of the of Americans in those industries. 1578 and ask that it be reported by Sasse amendment at a 60-vote thresh- It will be worth it to put workers number. old, and then our second and final vote first. The PRESIDING OFFICER. Without will be on passage of the CARES Act, It was a long, hard road. Neither side objection, the clerk will report the also at a 60-vote threshold. We are can be completely happy with the final amendment by number. going to pass this bipartisan relief product, but it will be worth it. The senior assistant legislative clerk package and send it over to the House I am damn proud of the work we did read as follows: so they can put it on the President’s over the past few days because we put The Senator from Kentucky [Mr. MCCON- desk. in the work. Because we tested the lim- NELL] proposes an amendment numbered When the Senate adjourns this its of exhaustion, because we didn’t im- 1578. evening, our next scheduled vote will mediately accept the bill drafted by (The amendment is printed in today’s be the afternoon of Monday, April 20. only one party, the legislation before RECORD under ‘‘Text of Amendments.’’) Of course, during this unprecedented us tonight is better—better for our The PRESIDING OFFICER. The Sen- time for our country, the Senate is healthcare system and 65,000 Ameri- ator from Nebraska is recognized. going to stay nimble. As always, we cans now afflicted with COVID–19, bet- AMENDMENT NO. 1577 will convene regular pro forma ses- ter for our workers, better for our Mr. SASSE. Madam President, I call sions, and if circumstances require the small businesses, better for our Indian up amendment No. 1577 and ask unani- Senate to return for a vote sooner than Tribes, better for our economy, and mous consent that it be reported by April 20, we will provide at least 24 better for the American people. number. hours’ notice. So I must thank my colleagues on The PRESIDING OFFICER. Without Our Nation obviously is going both sides of the aisle—especially the objection, the amendment will be re- through a kind of crisis that is totally chairs and ranking members and their ported by number.

VerDate Sep 11 2014 08:25 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.064 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2060 CONGRESSIONAL RECORD — SENATE March 25, 2020 The senior assistant legislative clerk McSally Roberts Shelby Schatz Smith Van Hollen Moran Rounds Sullivan Schumer Stabenow Warner read as follows: Murkowski Rubio Tillis Scott (FL) Sullivan Warren The Senator from Nebraska [Mr. SASSE] Perdue Sasse Toomey Scott (SC) Tester Whitehouse proposes an amendment numbered 1577 to Portman Scott (FL) Wicker Shaheen Tillis Wicker amendment No. 1578. Risch Scott (SC) Young Shelby Toomey Wyden Sinema Udall Young The amendment is as follows: NAYS—48 NOT VOTING—4 (Purpose: To ensure that additional unem- Baldwin Gillibrand Reed ployment benefits do not result in an indi- Bennet Harris Rosen Lee Romney vidual receiving unemployment compensa- Blumenthal Hassan Sanders Paul Thune Booker Heinrich Schatz tion that is more than the amount of Brown Hirono Schumer The PRESIDING OFFICER (Mr. wages the individual was earning prior to Cantwell Jones Shaheen BOOZMAN). On this vote the yeas are 96, becoming unemployed.) Cardin Kaine Sinema the nays are 0. The 60 vote threshold At the end of subtitle A of title II of divi- Carper King Smith having been achieved, the bill is sion A, insert the following: Casey Klobuchar Stabenow Collins Leahy Tester passed. SEC. 2117. UNEMPLOYMENT BENEFITS MAY NOT Coons Markey Udall The bill (H.R. 748), as amended, was EXCEED THE AMOUNT OF WAGES Cortez Masto Menendez Van Hollen passed. THE INDIVIDUAL WAS EARNING Duckworth Merkley Warner PRIOR TO BECOMING UNEMPLOYED. Durbin Murphy Warren The PRESIDING OFFICER. The Sen- (a) PANDEMIC UNEMPLOYMENT ASSIST- Feinstein Murray Whitehouse ator from Alaska. ANCE.—Notwithstanding section 2101, in no Gardner Peters Wyden f case may the total amount of the weekly as- NOT VOTING—4 sistance applicable to an individual under MORNING BUSINESS paragraph (1) or (2) of section 2102 (including Lee Romney Paul Thune Mr. SULLIVAN. Mr. President, I ask the increase under section 2104) exceed the unanimous consent that the Senate be amount of the individual’s average weekly The PRESIDING OFFICER. Under in a period of morning business. wages for an appropriate period prior to the the previous order, the 60-vote thresh- The PRESIDING OFFICER. Without receipt of assistance under such section, as old having not been achieved, the objection, it is so ordered. determined by the Secretary of Labor. amendment is not agreed to. f (b) FEDERAL PANDEMIC UNEMPLOYMENT The amendment (No. 1579) was re- COMPENSATION.—Notwithstanding section CORONAVIRUS 2104, in no case may the sum of the weekly jected. amount described in subparagraphs (A) (reg- The amendment (No. 1578) was agreed Mr. SULLIVAN. Mr. President, we ular compensation) and (B) (Federal pan- to. just finished here, on the Senate floor, demic unemployment compensation) of sec- The PRESIDING OFFICER. The some very, very important work for tion 2104(b)(1) for an individual exceed the clerk will read the title of the bill for the people we represent and have the amount of the individual’s average weekly the third time. privilege to serve. It is what we are wages for which the amount described in The amendment was ordered to be calling phase 3 of our very important such subparagraph (A) is based. engrossed and the bill to be read a (c) PANDEMIC EMERGENCY UNEMPLOYMENT response to this unprecedented pan- COMPENSATION.—Notwithstanding section third time. demic that is hitting our country, the 2107, in no case may an individual’s average The bill was read the third time. health of our country, and the eco- weekly benefit amount described in 2107(b)(3) The PRESIDING OFFICER. The bill nomic health of our Nation. (including the increase under section 2104) having been read the third time, the So we acted. A number of us worked, exceed the amount of the average weekly question is, Shall the bill pass? over the past week, around the clock to wages for which the individuals’s average Mr. DAINES. Mr. President, I ask for put this legislation together, and I weekly benefit amount (determined without the yeas and nays. regard to such increase) is based. think it was a strong showing of bipar- The PRESIDING OFFICER. Is there a tisan support. The PRESIDING OFFICER. The sufficient second? I was on the floor a couple of days question is on agreeing to the Sasse There appears to be a sufficient sec- ago saying that what we needed to do amendment. ond. were four key things: Put cash directly Mr. SASSE. I ask for the yeas and The clerk will call the roll. in the hands of hurting families in nays. Mr. BARRASSO. The following Sen- Alaska and throughout the country; The PRESIDING OFFICER. Is there a ators are necessarily absent: the Sen- deliver rapid relief to small businesses sufficient second? ator from Utah (Mr. LEE), the Senator that are being crushed by this pan- There appears to be a sufficient sec- from Kentucky (Mr. PAUL), the Senator demic and having to lay off workers; ond. from Utah (Mr. ROMNEY), and the Sen- stabilize key sectors of the economy to The yeas and nays were ordered. ator from South Dakota (Mr. THUNE). avoid more layoffs that are now quick- The senior assistant legislative clerk The result was announced—yeas 96, ly coming over the horizon and have called the roll. nays 0, as follows: started happening; and send a surge of Mr. BARRASSO. The following Sen- [Rollcall Vote No. 80 Leg.] new resources to medical professionals ators are necessarily absent: the Sen- YEAS—96 who are on the frontlines. We did that. ator from Utah (Mr. LEE), the Senator We did that relatively quickly. It could from Kentucky (Mr. PAUL), the Senator Alexander Cruz Klobuchar Baldwin Daines Lankford have been faster, but those were our from Utah (Mr. ROMNEY), and the Sen- Barrasso Duckworth Leahy goals, and that is what we achieved ator from South Dakota (Mr. THUNE). Bennet Durbin Loeffler here. The PRESIDING OFFICER (Mr. Blackburn Enzi Manchin Blumenthal Ernst Markey But here is a fact. This was legisla- ERDUE P ). Are there any other Senators Blunt Feinstein McConnell tion that was very important. It wasn’t in the Chamber desiring to vote or Booker Fischer McSally perfect, and there is probably a lot of change their vote? Boozman Gardner Menendez mistakes here. We are going to need to The result was announced—yeas 48, Braun Gillibrand Merkley Brown Graham Moran correct them quickly. There are prob- nays 48, as follows: Burr Grassley Murkowski ably Americans who weren’t covered in [Rollcall Vote No. 79 Leg.] Cantwell Harris Murphy some way, shape, or form by this legis- Capito Hassan Murray YEAS—48 Cardin Hawley Perdue lation, who need help, and we are going Alexander Cotton Hawley Carper Heinrich Peters to need to cover them quickly. There Barrasso Cramer Hoeven Casey Hirono Portman are likely new challenges in this pan- Blackburn Crapo Hyde-Smith Cassidy Hoeven Reed Blunt Cruz Inhofe Collins Hyde-Smith Risch demic that seems to be changing every Boozman Daines Johnson Coons Inhofe Roberts day—new challenges with regard to Braun Enzi Kennedy Cornyn Johnson Rosen this crisis that we are going to need to Burr Ernst Lankford Cortez Masto Jones Rounds address. Capito Fischer Loeffler Cotton Kaine Rubio Cassidy Graham Manchin Cramer Kennedy Sanders The final thing is, when we look at Cornyn Grassley McConnell Crapo King Sasse what we just did here, this was focused

VerDate Sep 11 2014 06:32 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.065 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2061 on the immediate crisis—business to work to help the people we serve. I LEGISLATIVE SESSION interruptions and the health crisis, but think it is very likely that that is what we need to be looking at is when going to happen in the next week or we get through this crisis—and we will, two or three, and I hope my colleagues MORNING BUSINESS more resilient and stronger than ever. stand ready to do that and not use the Mr. MCCONNELL. Mr. President, I As I mentioned in my remarks the excuse that we will see at the end of ask unanimous consent that the Sen- other day, some Washington Post re- April to address your problems, Amer- ate proceed to legislative session for a porters a couple of days ago questioned ica. That is not what we need to be period of morning business, with Sen- the mettle and resiliency of Ameri- doing in the midst of this very, very se- ators permitted to speak therein for up cans. Maybe we are not as tough and rious unprecedented crisis where our to minutes each. strong as we used to be to get through citizens need our help. The PRESIDING OFFICER. Without these crises. They just need to go to We had a good start tonight—a very objection, it is so ordered. Alaska and recognize how wrong they good start—but there is going to be a f are in that or see some of the marines lot more, and I hope this body is ready ADDITIONAL STATEMENTS that I had the privilege of serving with to act quickly. for the last 26 years. They would recog- I yield the floor. nize quickly that they are wrong. Of The PRESIDING OFFICER. The ma- REMEMBERING JUDGE JAMES M. course, we have the mettle and tenac- jority leader is recognized. MUNLEY AND JUDGE A. RICHARD ity to do this. CAPUTO We need to be working on phase 4. f ∑ Mr. CASEY. Mr. President, I rise Phase 4 is going to be the policies that today to remember and honor Judge we implement here in the Congress to EXECUTIVE SESSION James M. Munley and Judge A. Rich- turbocharge this economy, so when we ard Caputo, who collectively served the are out of this crisis, we can come back Middle District of Pennsylvania as fully, more strongly in a way that our Federal district judges for over 40 economy was just 2 months ago. EXECUTIVE CALENDAR years. There is a lot of work that I think we Judge Munley was a native of Archi- Mr. MCCONNELL. Mr. President, I could be doing, and that we are likely bald, PA. After graduating from the ask unanimous consent that the Sen- going to have to be doing. A number of University of Scranton in 1958, he ate proceed to executive session and us are going to begin working on that joined the U.S. Army and served until phase 4 approach to this pandemic to the en bloc consideration of the fol- 1960. After his military service, Judge turbocharge this economy once we get lowing nominations: Executive Cal- Munley enrolled at the Temple Univer- out of it. I am glad to start working on endar Nos. 570 and 631. sity School of Law and graduated in that with my colleagues here in the The PRESIDING OFFICER. Without 1963. He clerked for the Honorable Mi- Senate. objection, it is so ordered. chael J. Eagen on the Supreme Court So, as I said, there is a lot of work to There being no objection, the Senate of Pennsylvania before practicing law do, but the Senate is getting ready for proceeded to consider the nominations in Scranton from 1964 to 1978. From a recess for almost a month. That is en bloc. 1978 to 1998, Judge Munley served with what we are getting ready to do. The Mr. MCCONNELL. I ask unanimous distinction as a judge on the Lacka- country is facing one of the biggest cri- consent that the Senate vote on the wanna County Court of Common Pleas. ses in our history, and the Senate is nominations en bloc with no inter- In 1998, Judge Munley was nominated leaving town for a month. I happen to vening action or debate; that if con- to a seat on the U.S. District Court for think this is a mistake. I think it sends firmed, the motions to reconsider be the Middle District of Pennsylvania by the wrong signal to the people we considered made and laid upon the President Bill Clinton. He was con- serve. I think our duty station should table en bloc; and that the President be firmed by the Senate and went on to be here, to be ready on a moment’s no- immediately notified of the Senate’s serve the Middle District honorably for tice to help the citizens that we have action. over two decades. the privilege of serving, because if The PRESIDING OFFICER. Without As a Federal judge, Judge Munley there is one thing about this crisis that objection, it is so ordered. continued his family’s tremendous leg- we have already seen is that new chal- The question is, Will the Senate ad- acy of public service and dedication to lenges pop up every day, every minute, vise and consent to the nominations of Pennsylvania. Both of his parents, every hour, and, yet, we are going to go Charles Williams, of Missouri, to be an Robert W. Munley and Marion L. on recess for almost a month. Assistant Secretary of the Navy; and Munley, and his grandfather, William I don’t understand this. I don’t agree William Jordan Gillis, of Georgia, to be J. Munley, served in the Pennsylvania with it, and I certainly hope if and an Assistant Secretary of Defense, en General Assembly. Judge Munley has when our country needs us, if we see bloc? been remembered by members of the some big mistakes in this legislation, The nominations were confirmed en Pennsylvania legal community as a if we recognize whole groups of Ameri- bloc. skilled, good-natured, and fair jurist cans don’t get the relief they need and who approached life with a sense of op- the Congress needs to act, that we are f timism that ‘‘was contagious in the not going to just say: Well, we are on best sense of the word.’’ In his court- recess for 30 days. Sorry. We will get to room and in his life, he was known to ORDERS FOR APRIL 20, 2020 you when we come back at the end of treat everyone with the same dignity, April. Mr. MCCONNELL. Madam President, respect, and kindness. U.S. District I think that would be a real mistake I ask unanimous consent that fol- Judge Malachy E. Mannion remem- because, as we are seeing in this crisis, lowing leader remarks on April 20, the bered Judge Munley by noting: ‘‘What there are a lot of answers that just Senate proceed to executive session defined him most was just his sense of can’t wait until the end of April. There and the consideration of Executive Cal- humanity. He was a great judge, but he are a lot of challenges that we need to endar No. 556. I further ask unanimous was a greater human being.’’ be addressing daily, and there are consent that at 5:30 p.m., the Senate Judge Caputo was born in Port Ches- going to be more, and, yet, we will not vote on the nomination; and that if the ter, NY, and raised in Rye, NY. He be here to address them. nomination is confirmed, the motion to graduated from Brown University in So, at a minimum, I hope that when reconsider be considered made and laid 1960. After Brown, Judge Caputo en- our country needs us in the next upon the table and the President be im- rolled in the University of Pennsyl- month—and it is likely going to need mediately notified of the Senate’s ac- vania Law School and graduated in us—that my colleagues will be ready, tion. 1963. He went on to join the U.S. Air on a moment’s notice, wherever they The PRESIDING OFFICER. Without Force as an officer in the Judge Advo- are, to come back to this body and get objection, it is so ordered. cate General’s Corps and served until

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MR6.069 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2062 CONGRESSIONAL RECORD — SENATE March 25, 2020 1967. After his military service, Judge consider them among our most treas- sonal protective equipment (including face Caputo worked as a public defender in ured residents. They have witnessed masks) for the strategic national stockpile Luzerne County for 1 year before join- great moments in North Dakota’s his- by terminating taxpayer financing of Presi- dential election campaigns; to the Com- ing the law firm of Shea & Shea. In tory and their pioneer spirit, dignity, mittee on Finance. 1973, the firm was renamed Shea, Shea and hard work have brought them By Mr. CASEY (for himself and Mr. & Caputo, and after nearly 30 years in through many challenges and personal MORAN): private practice, Judge Caputo was achievements. S. 3587. A bill to require the Secretary of nominated to a seat on the U.S. Dis- On behalf of all North Dakotans, I Veterans Affairs to conduct a study on the trict Court for the Middle District of want to wish Inez a happy 100th birth- accessibility of websites of the Department Pennsylvania by President Bill Clinton day, and hope this is the start of a year of Veterans Affairs to individuals with dis- filled with happiness and joy.∑ abilities, and for other purposes; considered in 1997. After being confirmed by the and passed. Senate, he honorably served on the f f Federal bench in the Middle District INTRODUCTION OF BILLS AND SUBMISSION OF CONCURRENT AND for over two decades. JOINT RESOLUTIONS Judge Caputo was known as a strong SENATE RESOLUTIONS The following bills and joint resolu- and fair jurist who treated everyone The following concurrent resolutions tions were introduced, read the first with deep respect in his courtroom. He and Senate resolutions were read, and strongly believed in balancing indi- and second times by unanimous con- referred (or acted upon), as indicated: sent, and referred as indicated: vidual rights with the needs of a well- By Mr. CRAMER: ordered society, and some in the Penn- By Mr. BOOKER (for himself and Ms. S. Res. 554. A resolution recognizing the sylvania legal community have remem- HARRIS): contributions of health care professionals S. 3579. A bill to require the release of cer- during the 2020 Coronavirus pandemic; to the bered him as a judge who was not tain individuals in the custody of the United afraid to depart from Federal sen- Committee on Health, Education, Labor, and States because of their risk of exposure dur- Pensions. tencing guidelines when he found them ing a national emergency, and for other pur- to be too harsh. He was deeply com- poses; to the Committee on the Judiciary. f mitted to the judiciary, as evidenced By Ms. CORTEZ MASTO: ADDITIONAL COSPONSORS by the fact that he continued to hear S. 3580. A bill to require the Comptroller General of the United States to submit to S. 2898 cases up until just a few months prior Congress a report assessing the billing prac- At the request of Mr. INHOFE, the to his death. He believed that the judi- tices of the Department of Defense for care name of the Senator from Tennessee ciary was the heart of our democracy. received under the TRICARE program and at (Mr. ALEXANDER) was added as a co- Chief U.S. District Judge Christopher military medical treatment facilities, and sponsor of S. 2898, a bill to amend title Conner remembered Judge Caputo as a for other purposes; to the Committee on 5, United States Code, to provide for a ‘‘ ‘judge’s judge’—a strong, direct and Armed Services. full annuity supplement for certain air erudite jurist,’’ who made ‘‘extraor- By Ms. CORTEZ MASTO: S. 3581. A bill to require the Comptroller traffic controllers. dinary contributions to the Wilkes- General of the United States to submit to S. 3374 Barre vicinage, to our entire court, and Congress a report assessing Federal, State, At the request of Mr. MANCHIN, the to our country.’’ and other mental health services available name of the Senator from Arizona (Ms. At a time when our Nation faces un- to members of the reserve components of the MCSALLY) was added as a cosponsor of precedented challenges in responding Armed Forces, and for other purposes; to the S. 3374, a bill to amend the Public to the COVID–19 pandemic, Judge Committee on Armed Services. Health Service Act to protect the con- Munley and Judge Caputo are impor- By Ms. CANTWELL (for herself, Mr. fidentiality of substance use disorder tant reminders of the intellect, com- JONES, Mr. BENNET, and Ms. SINEMA): S. 3582. A bill to amend the Internal Rev- patient records. passion, and fairness that have guided enue Code of 1986 to expand eligibility for the S. 3559 our Nation since its founding. They health care tax credit to workers in certain At the request of Mr. BENNET, the will be missed tremendously, but their critical industries; to the Committee on Fi- name of the Senator from Missouri legacy will continue to inspire count- nance. (Mr. BLUNT) was added as a cosponsor less Pennsylvanians and individuals By Mr. CARDIN (for himself, Mr. of S. 3559, a bill to provide emergency throughout our country.∑ BROWN, Mr. VAN HOLLEN, Mr. SAND- financial assistance to rural health ERS, Mr. DURBIN, Mr. KAINE, Mr. f care facilities and providers impacted CASEY, Mr. WARNER, Mrs. GILLI- TRIBUTE TO INEZ MITTLEIDER BRAND, Ms. HIRONO, Mr. SCHATZ, Mr. by the COVID–19 emergency. S. 3568 ∑ Mr. CRAMER. Mr. President, I want BOOKER, Ms. KLOBUCHAR, and Mr. PETERS): At the request of Mr. MURPHY, the to honor a very special North Dakota S. 3583. A bill to provide that certain Exec- names of the Senator from Delaware woman who is turning 100 years old on utive Orders and presidential memorandum (Mr. CARPER), the Senator from Maine Friday. Inez Mittleider of Bismarck with respect to Federal employee collective (Mr. KING) and the Senator from Ne- was born on March 27, 1920, in South bargaining shall have no force or effect, and vada (Ms. ROSEN) were added as cospon- Dakota and at a young age moved with for other purposes; to the Committee on Homeland Security and Governmental Af- sors of S. 3568, a bill to require the her family to southwestern North Da- President to use authorities under the kota. Living thorough the Dirty Thir- fairs. By Ms. BALDWIN (for herself and Ms. Defense Production Act of 1950 to re- ties and the Great Depression, she had DUCKWORTH): quire emergency production of medical to leave home and live with family S. 3584. A bill to direct the Secretary of equipment to address the COVID–19 friends while she completed high Labor to issue an emergency temporary outbreak. school. She was one of very few women standard that requires certain employers to of her generation to earn a college de- develop and implement a comprehensive in- f gree. Inez lived in the communities of fectious disease exposure control plan to pro- STATEMENTS ON INTRODUCED Heil and Mott and taught in one-room tect employees in the health care sectors and BILLS AND JOINT RESOLUTION other employees at elevated risk from expo- schoolhouses for nearly 10 years. sure to SARS–CoV–2, and for other purposes; By Mr. CASEY (for himself and Inez and her husband raised four chil- to the Committee on Health, Education, Mr. MORAN): dren and instilled in them the neces- Labor, and Pensions. S. 3587. A bill to require the Sec- sity of hard work and self reliance. By Mr. JONES (for himself and Mr. retary of Veterans Affairs to conduct a Today, Inez is the grandmother of BROWN): study on the accessibility of websites seven, great-grandmother of nine, and S. 3585. A bill to place a moratorium on of the Department of Veterans Affairs continues to live on her own in Bis- evictions during the coronavirus emergency; to individuals with disabilities, and for marck. Her many family members plan to the Committee on Banking, Housing, and Urban Affairs. other purposes. to gather to celebrate this centennial By Ms. ERNST (for herself and Mr. S. 3587 milestone with Inez later in the year. PAUL): Be it enacted by the Senate and House of Rep- Mr. President, North Dakota is home S. 3586. A bill to reduce Federal spending resentatives of the United States of America in to more than 200 centenarians, and we and fund the acquisition of unexpired per- Congress assembled,

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SECTION 1. SHORT TITLE. Whereas public health officials have (c) PANDEMIC EMERGENCY UNEMPLOYMENT This Act may be cited as the ‘‘Department worked to educate their communities and COMPENSATION.—Notwithstanding section of Veterans Affairs Website Accessibility Act implement policies that will curb the com- 2107, in no case may an individual’s average of 2019’’. munal spread of COVID–19; and weekly benefit amount described in 2107(b)(3) SEC. 2. STUDY ON THE ACCESSIBILITY OF Whereas every individual in the health (including the increase under section 2104) WEBSITES OF THE DEPARTMENT OF care community, which includes doctors, exceed the amount of the average weekly VETERANS AFFAIRS TO INDIVID- nurses, custodial staff, administrative staff, wages for which the individuals’s average UALS WITH DISABILITIES. registered nurses, patient care assistants, weekly benefit amount (determined without (a) STUDY.—Not later than 180 days after public health officials, mental health profes- regard to such increase) is based. the date of the enactment of this Act, the sionals, researchers, lab technicians, and Secretary of Veterans Affairs shall conduct a many others, has acted with excellence and SA 1578. Mr. MCCONNELL proposed study of all websites of the Department of professionalism to ensure that the citizens of an amendment to the bill H.R. 748, to Veterans Affairs to determine whether such the United States receive the care they need amend the Internal Revenue Code of websites are accessible to individuals with to get the United States through the COVID– disabilities in accordance with section 508 of 1986 to repeal the excise tax on high 19 crisis: Now, therefore, be it cost employer-sponsored health cov- the Rehabilitation Act of 1973 (29 U.S.C. Resolved, That the Senate— 794d). (1) observes that the spirit of the United erage; as follows: (b) REPORT.—Not later than 90 days after States remains resilient in the face of the Strike all after the enacting clause and in- completing the study under subsection (a), crisis caused by Coronavirus disease 2019 (re- sert the following: the Secretary shall submit to the Committee ferred to in this resolution as ‘‘COVID–19’’); SECTION 1. SHORT TITLE. on Veterans’ Affairs of the Senate and the (2) expresses gratitude to the people of the This Act may be cited as the ‘‘Coronavirus Committee on Veterans’ Affairs of the House United States for doing their part to stop the Aid, Relief, and Economic Security Act’’ or of Representatives a report on such study. spread of COVID–19; and the ‘‘CARES Act’’. (c) ELEMENTS.—The report required by sub- (3) salutes health care professionals across SEC. 2. TABLE OF CONTENTS. section (b) shall include the following: the United States. (1) A list of each website described in sub- The table of contents for this Act is as fol- section (a) that is not accessible to individ- f lows: uals with disabilities in accordance with sec- AMENDMENTS SUBMITTED AND Sec. 1. Short title. tion 508 of the Rehabilitation Act of 1973 (29 PROPOSED Sec. 2. Table of contents. U.S.C. 794d). Sec. 3. References. (2) For each website identified in the list SA 1577. Mr. SASSE (for himself, Mr. GRA- DIVISION A—KEEPING WORKERS PAID under paragraph (1)— HAM, Mr. SCOTT of South Carolina, Mr. SCOTT AND EMPLOYED, HEALTH CARE SYS- (A) the plan of the Secretary to bring the of Florida, Mr. CRUZ, Mr. JOHNSON, Mrs. TEM ENHANCEMENTS, AND ECONOMIC website into compliance with the require- BLACKBURN, and Mr. LEE) proposed an STABILIZATION amendment to amendment SA 1578 proposed ments of section 508 of the Rehabilitation TITLE I—KEEPING AMERICAN WORKERS by Mr. MCCONNELL to the bill H.R. 748, to Act of 1973 (29 U.S.C. 794d); and PAID AND EMPLOYED ACT amend the Internal Revenue Code of 1986 to (B) a description of the barriers to bringing Sec. 1101. Definitions. the website into compliance with the re- repeal the excise tax on high cost employer- sponsored health coverage. Sec. 1102. Paycheck protection program. quirements of such section, including any Sec. 1103. Entrepreneurial development. SA 1578. Mr. MCCONNELL proposed an barriers relating to vacant positions at the amendment to the bill H.R. 748, supra. Sec. 1104. State trade expansion program. Department of Veterans Affairs. Sec. 1105. Waiver of matching funds require- SA 1579. Mr. MCCONNELL (for Mr. MORAN) (d) WEBSITE DEFINED.—In this section, the proposed an amendment to the bill H.R. 3504, ment under the women’s busi- term ‘‘website’’ includes the following: to amend title 38, United States Code, to pro- ness center program. (1) A file attached to a website. vide for improvements to the specially Sec. 1106. Loan forgiveness. (2) A web-based application. Sec. 1107. Direct appropriations. adapted housing program of the Department (3) A kiosk at a medical facility of the De- Sec. 1108. Minority business development of Veterans Affairs, and for other purposes. partment of Veterans Affairs, the use of agency. which is required to check in for scheduled f Sec. 1109. United States Treasury Program appointments. TEXT OF AMENDMENTS Management Authority. Sec. 1110. Emergency EIDL grants. f SA 1577. Mr. SASSE (for himself, Mr. Sec. 1111. Resources and services in lan- SUBMITTED RESOLUTIONS GRAHAM, Mr. SCOTT of South Carolina, guages other than English. Mr. SCOTT of Florida, Mr. CRUZ, Mr. Sec. 1112. Subsidy for certain loan pay- JOHNSON, Mrs. BLACKBURN, and Mr. ments. SENATE RESOLUTION 554—RECOG- Sec. 1113. Bankruptcy. LEE) proposed an amendment to Sec. 1114. Emergency rulemaking authority. NIZING THE CONTRIBUTIONS OF amendment SA 1578 proposed by Mr. HEALTH CARE PROFESSIONALS TITLE II—ASSISTANCE FOR AMERICAN MCCONNELL to the bill H.R. 748, to WORKERS, FAMILIES, AND BUSINESSES DURING THE 2020 CORONAVIRUS amend the Internal Revenue Code of PANDEMIC Subtitle A—Unemployment Insurance 1986 to repeal the excise tax on high Provisions Mr. CRAMER submitted the fol- cost employer-sponsored health cov- Sec. 2101. Short title. lowing resolution; which was referred erage; as follows: Sec. 2102. Pandemic Unemployment Assist- to the Committee on Health, Edu- At the end of subtitle A of title II of divi- ance. cation, Labor, and Pensions: sion A, insert the following: Sec. 2103. Emergency unemployment relief S. RES. 554 SEC. 2117. UNEMPLOYMENT BENEFITS MAY NOT for governmental entities and EXCEED THE AMOUNT OF WAGES nonprofit organizations. Whereas, on March 11, 2020, the World THE INDIVIDUAL WAS EARNING Sec. 2104. Emergency increase in unemploy- Health Organization declared the outbreak PRIOR TO BECOMING UNEMPLOYED. ment compensation benefits. of Coronavirus disease 2019 (referred to in (a) PANDEMIC UNEMPLOYMENT ASSIST- Sec. 2105. Temporary full Federal funding of this preamble as ‘‘COVID–19’’) a pandemic; ANCE.—Notwithstanding section 2101, in no the first week of compensable Whereas, on March 13, 2020, President Don- case may the total amount of the weekly as- regular unemployment for ald Trump declared a national emergency, sistance applicable to an individual under States with no waiting week. mobilizing the entire United States in the paragraph (1) or (2) of section 2102 (including Sec. 2106. Emergency State staffing flexi- fight against COVID–19; the increase under section 2104) exceed the bility. Whereas doctors and nurses across the amount of the individual’s average weekly Sec. 2107. Pandemic emergency unemploy- United States have worked tirelessly to com- wages for an appropriate period prior to the ment compensation. bat COVID–19, setting up testing facilities receipt of assistance under such section, as Sec. 2108. Temporary financing of short- and providing constant top-notch care to in- determined by the Secretary of Labor. time compensation payments in dividuals who have been infected; (b) FEDERAL PANDEMIC UNEMPLOYMENT States with programs in law. Whereas mental health professionals have COMPENSATION.—Notwithstanding section Sec. 2109. Temporary financing of short- continued to provide excellent therapy and 2104, in no case may the sum of the weekly time compensation agreements. counseling services, even in the face of the amount described in subparagraphs (A) (reg- Sec. 2110. Grants for short-time compensa- unique challenges presented by social ular compensation) and (B) (Federal pan- tion programs. distancing across the United States; demic unemployment compensation) of sec- Sec. 2111. Assistance and guidance in imple- Whereas researchers and lab technicians tion 2104(b)(1) for an individual exceed the menting programs. have been working around the clock to cre- amount of the individual’s average weekly Sec. 2112. Waiver of the 7-day waiting period ate tests, find a treatment, and, ultimately, wages for which the amount described in for benefits under the Railroad find a cure for COVID–19; such subparagraph (A) is based. Unemployment Insurance Act.

VerDate Sep 11 2014 08:25 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0655 E:\CR\FM\A25MR6.013 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2064 CONGRESSIONAL RECORD — SENATE March 25, 2020 Sec. 2113. Enhanced benefits under the Rail- Sec. 3202. Pricing of diagnostic testing. Sec. 3602. Emergency Paid Sick Leave Act road Unemployment Insurance Sec. 3203. Rapid coverage of preventive serv- Limitation. Act. ices and vaccines for Sec. 3603. Unemployment insurance. Sec. 2114. Extended unemployment benefits coronavirus. Sec. 3604. OMB Waiver of Paid Family and under the Railroad Unemploy- SUBPART B—SUPPORT FOR HEALTH CARE Paid Sick Leave. ment Insurance Act. PROVIDERS Sec. 3605. Paid leave for rehired employees. Sec. 2115. Funding for the DOL Office of In- Sec. 3606. Advance refunding of credits. Sec. 3211. Supplemental awards for health Sec. 3607. Expansion of DOL Authority to spector General for oversight of centers. unemployment provisions. postpone certain deadlines. Sec. 3212. Telehealth network and telehealth Sec. 3608. Single-employer plan funding Sec. 2116. Implementation. resource centers grant pro- Subtitle B—Rebates and Other Individual rules. grams. Sec. 3609. Application of cooperative and Provisions Sec. 3213. Rural health care services out- small employer charity pension Sec. 2201. 2020 recovery rebates for individ- reach, rural health network de- plan rules to certain charitable uals. velopment, and small health employers whose primary ex- Sec. 2202. Special rules for use of retirement care provider quality improve- empt purpose is providing serv- funds. ment grant programs. ices with respect to mothers Sec. 3214. United States Public Health Serv- Sec. 2203. Temporary waiver of required and children. minimum distribution rules for ice Modernization. Sec. 3610. Federal contractor authority. certain retirement plans and Sec. 3215. Limitation on liability for volun- Sec. 3611. Technical corrections. accounts. teer health care professionals Subtitle D—Finance Committee Sec. 2204. Allowance of partial above the during COVID-19 emergency re- line deduction for charitable sponse. Sec. 3701. Exemption for telehealth services. contributions. Sec. 3216. Flexibility for members of Na- Sec. 3702. Inclusion of certain over-the- Sec. 2205. Modification of limitations on tional Health Service Corps counter medical products as charitable contributions during during emergency period. qualified medical expenses. Sec. 3703. Increasing Medicare telehealth 2020. SUBPART C—MISCELLANEOUS PROVISIONS flexibilities during emergency Sec. 2206. Exclusion for certain employer Sec. 3221. Confidentiality and disclosure of payments of student loans. period. records relating to substance Sec. 3704. Enhancing Medicare telehealth Subtitle C—Business Provisions use disorder. services for Federally qualified Sec. 2301. Employee retention credit for em- Sec. 3222. Nutrition services. health centers and rural health ployers subject to closure due Sec. 3223. Continuity of service and opportu- clinics during emergency pe- to COVID-19. nities for participants in com- riod. Sec. 2302. Delay of payment of employer munity service activities under Sec. 3705. Temporary waiver of requirement payroll taxes. title V of the Older Americans for face-to-face visits between Sec. 2303. Modifications for net operating Act of 1965. home dialysis patients and phy- losses. Sec. 3224. Guidance on protected health in- sicians. Sec. 2304. Modification of limitation on formation. Sec. 3706. Use of telehealth to conduct face- losses for taxpayers other than Sec. 3225. Reauthorization of healthy start to-face encounter prior to re- corporations. program. certification of eligibility for Sec. 2305. Modification of credit for prior Sec. 3226. Importance of the blood supply. hospice care during emergency year minimum tax liability of PART III—INNOVATION period. corporations. Sec. 3301. Removing the cap on OTA during Sec. 3707. Encouraging use of telecommuni- Sec. 2306. Modifications of limitation on public health emergencies. cations systems for home business interest. Sec. 3302. Priority zoonotic animal drugs. health services furnished dur- Sec. 2307. Technical amendments regarding PART IV—HEALTH CARE WORKFORCE ing emergency period. qualified improvement prop- Sec. 3708. Improving care planning for Medi- Sec. 3401. Reauthorization of health profes- erty. care home health services. sions workforce programs. Sec. 2308. Temporary exception from excise Sec. 3709. Adjustment of sequestration. Sec. 3402. Health workforce coordination. tax for alcohol used to produce Sec. 3710. Medicare hospital inpatient pro- Sec. 3403. Education and training relating to hand sanitizer. spective payment system add- geriatrics. TITLE III—SUPPORTING AMERICA’S on payment for COVID–19 pa- Sec. 3404. Nursing workforce development. HEALTH CARE SYSTEM IN THE FIGHT tients during emergency period. AGAINST THE CORONAVIRUS Subtitle B—Education Provisions Sec. 3711. Increasing access to post-acute Subtitle A—Health Provisions Sec. 3501. Short title. care during emergency period. Sec. 3502. Definitions. Sec. 3712. Revising payment rates for dura- Sec. 3001. Short title. Sec. 3503. Campus-based aid waivers. ble medical equipment under PART I—ADDRESSING SUPPLY SHORTAGES Sec. 3504. Use of supplemental educational the Medicare program through SUBPART A—MEDICAL PRODUCT SUPPLIES opportunity grants for emer- duration of emergency period. Sec. 3101. National Academies report on gency aid. Sec. 3713. Coverage of the COVID-19 vaccine America’s medical product sup- Sec. 3505. Federal work-study during a under part B of the Medicare ply chain security. qualifying emergency. program without any cost-shar- Sec. 3102. Requiring the strategic national Sec. 3506. Adjustment of subsidized loan ing. stockpile to include certain usage limits. Sec. 3714. Requiring Medicare prescription Sec. 3507. Exclusion from Federal Pell Grant types of medical supplies. drug plans and MA–PD plans to Sec. 3103. Treatment of respiratory protec- duration limit. allow during the COVID-19 Sec. 3508. Institutional refunds and Federal tive devices as covered counter- emergency period for fills and student loan flexibility. measures. refills of covered part D drugs Sec. 3509. Satisfactory academic progress. for up to a 3-month supply. SUBPART B—MITIGATING EMERGENCY DRUG Sec. 3510. Continuing education at affected Sec. 3715. Providing home and community- SHORTAGES foreign institutions. based services in acute care Sec. 3111. Prioritize reviews of drug applica- Sec. 3511. National emergency educational hospitals. tions; incentives. waivers. Sec. 3716. Clarification regarding uninsured Sec. 3112. Additional manufacturer report- Sec. 3512. HBCU Capital financing. individuals. ing requirements in response to Sec. 3513. Temporary relief for federal stu- Sec. 3717. Clarification regarding coverage drug shortages. dent loan borrowers. of COVID-19 testing products. SUBPART C—PREVENTING MEDICAL DEVICE Sec. 3514. Provisions related to the Corpora- Sec. 3718. Amendments relating to reporting SHORTAGES tion for National and Commu- requirements with respect to nity Service. Sec. 3121. Discontinuance or interruption in clinical diagnostic laboratory Sec. 3515. Workforce response activities. tests. the production of medical de- Sec. 3516. Technical amendments. vices. Sec. 3719. Expansion of the Medicare hos- Sec. 3517. Waiver authority and reporting re- pital accelerated payment pro- PART II—ACCESS TO HEALTH CARE FOR quirement for institutional aid. gram during the COVID-19 pub- COVID-19 PATIENTS Sec. 3518. Authorized uses and other modi- lic health emergency. SUBPART A—COVERAGE OF TESTING AND fications for grants. Sec. 3720. Delaying requirements for en- PREVENTIVE SERVICES Sec. 3519. Service obligations for teachers. hanced FMAP to enable State Sec. 3201. Coverage of diagnostic testing for Subtitle C—Labor Provisions legislation necessary for com- COVID-19. Sec. 3601. Limitation on paid leave. pliance.

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0655 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2065 Subtitle E—Health and Human Services Sec. 4009. Temporary Government in the SEC. 1102. PAYCHECK PROTECTION PROGRAM. Extenders Sunshine Act relief. (a) IN GENERAL.—Section 7(a) of the Small PART I—MEDICARE PROVISIONS Sec. 4010. Temporary hiring flexibility. Business Act (15 U.S.C. 636(a)) is amended— Sec. 4011. Temporary lending limit waiver. Sec. 3801. Extension of the work geographic (1) in paragraph (2)— Sec. 4012. Temporary relief for community index floor under the Medicare (A) in subparagraph (A), in the matter pre- banks. ceding clause (i), by striking ‘‘and (E)’’ and program. Sec. 4013. Temporary relief from troubled Sec. 3802. Extension of funding for quality inserting ‘‘(E), and (F)’’; and debt restructurings. (B) by adding at the end the following: measure endorsement, input, Sec. 4014. Optional temporary relief from ‘‘(F) PARTICIPATION IN THE PAYCHECK PRO- and selection. current expected credit losses. Sec. 3803. Extension of funding outreach and TECTION PROGRAM.—In an agreement to par- Sec. 4015. Non-applicability of restrictions ticipate in a loan on a deferred basis under assistance for low-income pro- on ESF during national emer- grams. paragraph (36), the participation by the Ad- gency. ministration shall be 100 percent.’’; and PART II—MEDICAID PROVISIONS Sec. 4016. Temporary credit union provi- (2) by adding at the end the following: sions. Sec. 3811. Extension of the Money Follows ‘‘(36) PAYCHECK PROTECTION PROGRAM.— Sec. 4017. Increasing access to materials the Person rebalancing dem- ‘‘(A) DEFINITIONS.—In this paragraph— necessary for national security onstration program. ‘‘(i) the terms ‘appropriate Federal bank- and pandemic recovery. Sec. 3812. Extension of spousal impoverish- ing agency’ and ‘insured depository institu- Sec. 4018. Special Inspector General for Pan- ment protections. tion’ have the meanings given those terms in demic Recovery. Sec. 3813. Delay of DSH reductions. section 3 of the Federal Deposit Insurance Sec. 4019. Conflicts of interest. Sec. 3814. Extension and expansion of Com- Act (12 U.S.C. 1813); Sec. 4020. Congressional Oversight Commis- munity Mental Health Services ‘‘(ii) the term ‘covered loan’ means a loan sion. demonstration program. made under this paragraph during the cov- Sec. 4021. Credit protection during COVID– PART III—HUMAN SERVICES AND OTHER ered period; 19. HEALTH PROGRAMS Sec. 4022. Foreclosure moratorium and con- ‘‘(iii) the term ‘covered period’ means the Sec. 3821. Extension of sexual risk avoidance sumer right to request forbear- period beginning on February 15, 2020 and education program. ance. ending on June 30, 2020; Sec. 3822. Extension of personal responsi- Sec. 4023. Forbearance of residential mort- ‘‘(iv) the term ‘eligible recipient’ means an bility education program. gage loan payments for multi- individual or entity that is eligible to re- Sec. 3823. Extension of demonstration family properties with federally ceive a covered loan; projects to address health pro- backed loans. ‘‘(v) the term ‘eligible self-employed indi- fessions workforce needs. Sec. 4024. Temporary moratorium on evic- vidual’ has the meaning given the term in Sec. 3824. Extension of the temporary assist- tion filings. section 7002(b) of the Families First ance for needy families pro- Sec. 4025. Protection of collective bar- Coronavirus Response Act (Public Law 116– gram and related programs. gaining agreement. 127); PART IV—PUBLIC HEALTH PROVISIONS Sec. 4026. Reports. ‘‘(vi) the term ‘insured credit union’ has the meaning given the term in section 101 of Sec. 3831. Extension for community health Sec. 4027. Direct appropriation. the Federal Credit Union Act (12 U.S.C. 1752); centers, the National Health Sec. 4028. Rule of construction. ‘‘(vii) the term ‘nonprofit organization’ Service Corps, and teaching Sec. 4029. Termination of authority. means an organization that is described in health centers that operate Subtitle B—Air Carrier Worker Support section 501(c)(3) of the Internal Revenue Code GME programs. Sec. 4111. Definitions. of 1986 and that is exempt from taxation Sec. 3832. Diabetes programs. Sec. 4112. Pandemic relief for aviation work- under section 501(a) of such Code; PART V—MISCELLANEOUS PROVISIONS ers. ‘‘(viii) the term ‘payroll costs’— Sec. 3841. Prevention of duplicate appropria- Sec. 4113. Procedures for providing payroll ‘‘(I) means— tions for fiscal year 2020. support. ‘‘(aa) the sum of payments of any com- Sec. 4114. Required assurances. Subtitle F—Over-the-Counter Drugs pensation with respect to employees that is Sec. 4115. Protection of collective bar- a— PART I—OTC DRUG REVIEW gaining agreement. ‘‘(AA) salary, wage, commission, or similar Sec. 3851. Regulation of certain nonprescrip- Sec. 4116. Limitation on certain employee compensation; tion drugs that are marketed compensation. ‘‘(BB) payment of cash tip or equivalent; without an approved drug appli- Sec. 4117. Tax payer protection. ‘‘(CC) payment for vacation, parental, fam- cation. Sec. 4118. Reports. ily, medical, or sick leave; Sec. 3852. Misbranding. Sec. 4119. Coordination. ‘‘(DD) allowance for dismissal or separa- Sec. 3853. Drugs excluded from the over-the- Sec. 4120. Direct appropriation. tion; counter drug review. TITLE V—CORONAVIRUS RELIEF FUNDS ‘‘(EE) payment required for the provisions Sec. 3854. Treatment of Sunscreen Innova- Sec. 5001. Coronavirus Relief Fund. of group health care benefits, including in- tion Act. TITLE VI—MISCELLANEOUS PROVISIONS surance premiums; Sec. 3855. Annual update to Congress on ap- ‘‘(FF) payment of any retirement benefit; propriate pediatric indication Sec. 6001. COVID–19 borrowing authority for or for certain OTC cough and cold the United States Postal Serv- ‘‘(GG) payment of State or local tax as- drugs. ice. sessed on the compensation of employees; Sec. 3856. Technical corrections. Sec. 6002. Emergency designation. and PART II—USER FEES DIVISION B—EMERGENCY APPROPRIA- ‘‘(bb) the sum of payments of any com- Sec. 3861. Finding. TIONS FOR CORONAVIRUS HEALTH RE- pensation to or income of a sole proprietor Sec. 3862. Fees relating to over-the-counter SPONSE AND AGENCY OPERATIONS or independent contractor that is a wage, drugs. SEC. 3. REFERENCES. commission, income, net earnings from self- employment, or similar compensation and TITLE IV—ECONOMIC STABILIZATION Except as expressly provided otherwise, that is in an amount that is not more than AND ASSISTANCE TO SEVERELY DIS- any reference to ‘‘this Act’’ contained in any $100,000 in 1 year, as prorated for the covered TRESSED SECTORS OF THE UNITED division of this Act shall be treated as refer- period; and STATES ECONOMY ring only to the provisions of that division. ‘‘(II) shall not include— DIVISION A—KEEPING WORKERS PAID Subtitle A—Coronavirus Economic ‘‘(aa) the compensation of an individual AND EMPLOYED, HEALTH CARE SYSTEM Stabilization Act of 2020 employee in excess of an annual salary of ENHANCEMENTS, AND ECONOMIC STA- Sec. 4001. Short title. $100,000, as prorated for the covered period; BILIZATION Sec. 4002. Definitions. ‘‘(bb) taxes imposed or withheld under Sec. 4003. Emergency relief and taxpayer TITLE I—KEEPING AMERICAN WORKERS chapters 21, 22, or 24 of the Internal Revenue protections. PAID AND EMPLOYED ACT Code of 1986 during the covered period; Sec. 4004. Limitation on certain employee SEC. 1101. DEFINITIONS. ‘‘(cc) any compensation of an employee compensation. In this title— whose principal place of residence is outside Sec. 4005. Continuation of certain air serv- (1) the terms ‘‘Administration’’ and ‘‘Ad- of the United States; ice. ministrator’’ mean the Small Business Ad- ‘‘(dd) qualified sick leave wages for which Sec. 4006. Coordination with Secretary of ministration and the Administrator thereof, a credit is allowed under section 7001 of the Transportation. respectively; and Families First Coronavirus Response Act Sec. 4007. Suspension of certain aviation ex- (2) the term ‘‘small business concern’’ has (Public Law 116–127); or cise taxes. the meaning given the term in section 3 of ‘‘(ee) qualified family leave wages for Sec. 4008. Debt guarantee authority. the Small Business Act (15 U.S.C. 636). which a credit is allowed under section 7003

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2066 CONGRESSIONAL RECORD — SENATE March 25, 2020 of the Families First Coronavirus Response tion 31(b)(2)(C) employs not more than 500 with the terms described in this paragraph, a Act (Public Law 116–127); and employees under clause (i)(I), the term ‘em- lender shall consider whether the borrower— ‘‘(ix) the term ‘veterans organization’ ployee’ includes individuals employed on a ‘‘(aa) was in operation on February 15, 2020; means an organization that is described in full-time, part-time, or other basis. and section 501(c)(19) of the Internal Revenue ‘‘(vi) AFFILIATION.—The provisions applica- ‘‘(bb)(AA) had employees for whom the bor- Code that is exempt from taxation under sec- ble to affiliations under section 121.103 of rower paid salaries and payroll taxes; or tion 501(a) of such Code. title 13, Code of Federal Regulations, or any ‘‘(BB) paid independent contractors, as re- ‘‘(B) PAYCHECK PROTECTION LOANS.—Except successor thereto, shall apply with respect to ported on a Form 1099–MISC. as otherwise provided in this paragraph, the a nonprofit organization and a veterans or- ‘‘(iii) ADDITIONAL LENDERS.—The authority Administrator may guarantee covered loans ganization in the same manner as with re- to make loans under this paragraph shall be under the same terms, conditions, and proc- spect to a small business concern. extended to additional lenders determined by esses as a loan made under this subsection. ‘‘(E) MAXIMUM LOAN AMOUNT.—During the the Administrator and the Secretary of the ‘‘(C) REGISTRATION OF LOANS.—Not later covered period, with respect to a covered Treasury to have the necessary qualifica- than 15 days after the date on which a loan loan, the maximum loan amount shall be the tions to process, close, disburse and service is made under this paragraph, the Adminis- lesser of— loans made with the guarantee of the Admin- tration shall register the loan using the TIN ‘‘(i)(I) the sum of— istration. (as defined in section 7701 of the Internal ‘‘(aa) the product obtained by multi- ‘‘(iv) REFINANCE.—A loan made under sub- Revenue Code of 1986) assigned to the bor- plying— section (b)(2) during the period beginning on rower. January 31, 2020 and ending on the date on ‘‘(AA) the average total monthly payments ‘‘(D) INCREASED ELIGIBILITY FOR CERTAIN which covered loans are made available may by the applicant for payroll costs incurred SMALL BUSINESSES AND ORGANIZATIONS.— be refinanced as part of a covered loan. during the 1-year period before the date on ‘‘(i) IN GENERAL.—During the covered pe- ‘‘(v) NONRECOURSE.—Notwithstanding the which the loan is made, except that, in the riod, in addition to small business concerns, waiver of the personal guarantee require- case of an applicant that is seasonal em- any business concern, nonprofit organiza- ment or collateral under subparagraph (J), ployer, as determined by the Administrator, tion, veterans organization, or Tribal busi- the Administrator shall have no recourse ness concern described in section 31(b)(2)(C) the average total monthly payments for pay- against any individual shareholder, member, shall be eligible to receive a covered loan if roll shall be for the 12-week period beginning or partner of an eligible recipient of a cov- the business concern, nonprofit organization, February 15, 2019, or at the election of the el- ered loan for nonpayment of any covered veterans organization, or Tribal business igible recipient, March 1, 2019, and ending loan, except to the extent that such share- concern employs not more than the greater June 30, 2019; by holder, member, or partner uses the covered of— ‘‘(BB) 2.5; and loan proceeds for a purpose not authorized ‘‘(I) 500 employees; or ‘‘(bb) the outstanding amount of a loan under clause (i). ‘‘(II) if applicable, the size standard in under subsection (b)(2) that was made during ‘‘(G) BORROWER REQUIREMENTS.— number of employees established by the Ad- the period beginning on January 31, 2020 and ‘‘(i) CERTIFICATION.—An eligible recipient ministration for the industry in which the ending on the date on which covered loans applying for a covered loan shall make a business concern, nonprofit organization, are made available to be refinanced under good faith certification— veterans organization, or Tribal business the covered loan; or ‘‘(I) that the uncertainty of current eco- concern operates. ‘‘(II) if requested by an otherwise eligible nomic conditions makes necessary the loan ‘‘(ii) INCLUSION OF SOLE PROPRIETORS, INDE- recipient that was not in business during the request to support the ongoing operations of PENDENT CONTRACTORS, AND ELIGIBLE SELF- period beginning on February 15, 2019 and the eligible recipient; EMPLOYED INDIVIDUALS.— ending on June 30, 2019, the sum of— ‘‘(II) acknowledging that funds will be used ‘‘(I) IN GENERAL.—During the covered pe- ‘‘(aa) the product obtained by multi- to retain workers and maintain payroll or riod, individuals who operate under a sole plying— make mortgage payments, lease payments, proprietorship or as an independent con- ‘‘(AA) the average total monthly payments and utility payments; tractor and eligible self-employed individ- by the applicant for payroll costs incurred ‘‘(III) that the eligible recipient does not uals shall be eligible to receive a covered during the period beginning on January 1, have an application pending for a loan under loan. 2020 and ending on February 29, 2020; by this subsection for the same purpose and du- ‘‘(II) DOCUMENTATION.—An eligible self-em- ‘‘(BB) 2.5; and plicative of amounts applied for or received ployed individual, independent contractor, ‘‘(bb) the outstanding amount of a loan under a covered loan; and or sole proprietorship seeking a covered loan under subsection (b)(2) that was made during ‘‘(IV) during the period beginning on Feb- shall submit such documentation as is nec- the period beginning on January 31, 2020 and ruary 15, 2020 and ending on December 31, essary to establish such individual as eligi- ending on the date on which covered loans 2020, that the eligible recipient has not re- ble, including payroll tax filings reported to are made available to be refinanced under ceived amounts under this subsection for the the Internal Revenue Service, Forms 1099– the covered loan; or same purpose and duplicative of amounts ap- MISC, and income and expenses from the ‘‘(ii) $10,000,000. plied for or received under a covered loan. sole proprietorship, as determined by the Ad- ‘‘(F) ALLOWABLE USES OF COVERED LOANS.— ‘‘(H) FEE WAIVER.—During the covered pe- ministrator and the Secretary. ‘‘(i) IN GENERAL.—During the covered period, with respect to a covered loan— ‘‘(iii) BUSINESS CONCERNS WITH MORE THAN 1 riod, an eligible recipient may, in addition to ‘‘(i) in lieu of the fee otherwise applicable PHYSICAL LOCATION.—During the covered pe- the allowable uses of a loan made under this under paragraph (23)(A), the Administrator riod, any business concern that employs not subsection, use the proceeds of the covered shall collect no fee; and more than 500 employees per physical loca- loan for— ‘‘(ii) in lieu of the fee otherwise applicable tion of the business concern and that is as- ‘‘(I) payroll costs; under paragraph (18)(A), the Administrator signed a North American Industry Classifica- ‘‘(II) costs related to the continuation of shall collect no fee. tion System code beginning with 72 at the group health care benefits during periods of ‘‘(I) CREDIT ELSEWHERE.—During the cov- time of disbursal shall be eligible to receive paid sick, medical, or family leave, and in- ered period, the requirement that a small a covered loan. surance premiums; business concern is unable to obtain credit ‘‘(iv) WAIVER OF AFFILIATION RULES.—Dur- ‘‘(III) employee salaries, commissions, or elsewhere, as defined in section 3(h), shall ing the covered period, the provisions appli- similar compensations; not apply to a covered loan. cable to affiliations under section 121.103 of ‘‘(IV) payments of interest on any mort- ‘‘(J) WAIVER OF PERSONAL GUARANTEE RE- title 13, Code of Federal Regulations, or any gage obligation (which shall not include any QUIREMENT.—During the covered period, with successor regulation, are waived with respect prepayment of or payment of principal on a respect to a covered loan— to eligibility for a covered loan for— mortgage obligation); ‘‘(i) no personal guarantee shall be re- ‘‘(I) any business concern with not more ‘‘(V) rent (including rent under a lease quired for the covered loan; and than 500 employees that, as of the date on agreement); ‘‘(ii) no collateral shall be required for the which the covered loan is disbursed, is as- ‘‘(VI) utilities; and covered loan. signed a North American Industry Classifica- ‘‘(VII) interest on any other debt obliga- ‘‘(K) MATURITY FOR LOANS WITH REMAINING tion System code beginning with 72; tions that were incurred before the covered BALANCE AFTER APPLICATION OF FORGIVE- ‘‘(II) any business concern operating as a period. NESS.—With respect to a covered loan that franchise that is assigned a franchise identi- ‘‘(ii) DELEGATED AUTHORITY.— has a remaining balance after reduction fier code by the Administration; and ‘‘(I) IN GENERAL.—For purposes of making based on the loan forgiveness amount under ‘‘(III) any business concern that receives fi- covered loans for the purposes described in section 1106 of the CARES Act— nancial assistance from a company licensed clause (i), a lender approved to make loans ‘‘(i) the remaining balance shall continue under section 301 of the Small Business In- under this subsection shall be deemed to to be guaranteed by the Administration vestment Act of 1958 (15 U.S.C. 681). have been delegated authority by the Admin- under this subsection; and ‘‘(v) EMPLOYEE.—For purposes of deter- istrator to make and approve covered loans, ‘‘(ii) the covered loan shall have a max- mining whether a business concern, non- subject to the provisions of this paragraph. imum maturity of 10 years from the date on profit organization, veterans organization, ‘‘(II) CONSIDERATIONS.—In evaluating the which the borrower applies for loan forgive- or Tribal business concern described in sec- eligibility of a borrower for a covered loan ness under that section.

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‘‘(L) INTEREST RATE REQUIREMENTS.—A cov- ‘‘(III) 1 percent for loans of not less than (ii) quality, including shortages in supply ered loan shall bear an interest rate not to $2,000,000. for quality control reasons; and exceed 4 percent. ‘‘(ii) FEE LIMITS.—An agent that assists an (iii) technology, including a compromised ‘‘(M) LOAN DEFERMENT.— eligible recipient to prepare an application payment network; ‘‘(i) DEFINITION OF IMPACTED BORROWER.— for a covered loan may not collect a fee in (B) staffing challenges; ‘‘(I) IN GENERAL.—In this subparagraph, the excess of the limits established by the Ad- (C) a decrease in gross receipts or cus- term ‘impacted borrower’ means an eligible ministrator. tomers; or recipient that— ‘‘(iii) TIMING.—A reimbursement described (D) a closure; ‘‘(aa) is in operation on February 15, 2020; in clause (i) shall be made not later than 5 (2) the term ‘‘resource partner’’ means— and days after the disbursement of the covered (A) a small business development center; ‘‘(bb) has an application for a covered loan loan. and that is approved or pending approval on or ‘‘(iv) SENSE OF THE SENATE.—It is the sense (B) a women’s business center; after the date of enactment of this para- of the Senate that the Administrator should (3) the term ‘‘small business development graph. issue guidance to lenders and agents to en- center’’ has the meaning given the term in ‘‘(II) PRESUMPTION.—For purposes of this sure that the processing and disbursement of section 3 of the Small Business Act (15 U.S.C. subparagraph, an impacted borrower is pre- covered loans prioritizes small business con- 632); and sumed to have been adversely impacted by cerns and entities in underserved and rural (4) the term ‘‘women’s business center’’ COVID–19. markets, including veterans and members of means a women’s business center described ‘‘(ii) DEFERRAL.—During the covered pe- the military community, small business con- in section 29 of the Small Business Act (15 riod, the Administrator shall— cerns owned and controlled by socially and U.S.C. 656). ‘‘(I) consider each eligible recipient that economically disadvantaged individuals (as (b) EDUCATION, TRAINING, AND ADVISING applies for a covered loan to be an impacted defined in section 8(d)(3)(C)), women, and GRANTS.— borrower; and businesses in operation for less than 2 years. (1) IN GENERAL.—The Administration may ‘‘(II) require lenders under this subsection ‘‘(Q) DUPLICATION.—Nothing in this para- provide financial assistance in the form of to provide complete payment deferment re- graph shall prohibit a recipient of an eco- grants to resource partners to provide edu- lief for impacted borrowers with covered nomic injury disaster loan made under sub- loans for a period of not less than 6 months, cation, training, and advising to covered section (b)(2) during the period beginning on small business concerns. including payment of principal, interest, and January 31, 2020 and ending on the date on fees, and not more than 1 year. (2) USE OF FUNDS.—Grants under this sub- which covered loans are made available that section shall be used for the education, ‘‘(iii) SECONDARY MARKET.—During the cov- is for a purpose other than paying payroll training, and advising of covered small busi- ered period, with respect to a covered loan costs and other obligations described in sub- that is sold on the secondary market, if an ness concerns and their employees on— paragraph (F) from receiving assistance (A) accessing and applying for resources investor declines to approve a deferral re- under this paragraph. quested by a lender under clause (ii), the Ad- provided by the Administration and other ‘‘(R) WAIVER OF PREPAYMENT PENALTY.— ministrator shall exercise the authority to Federal resources relating to access to cap- Notwithstanding any other provision of law, ital and business resiliency; purchase the loan so that the impacted bor- there shall be no prepayment penalty for any rower may receive a deferral for a period of (B) the hazards and prevention of the payment made on a covered loan.’’. not less than 6 months, including payment of transmission and communication of COVID– (b) COMMITMENTS FOR 7(A) LOANS.—During principal, interest, and fees, and not more 19 and other communicable diseases; the period beginning on February 15, 2020 and than 1 year. (C) the potential effects of COVID–19 on ending on June 30, 2020— ‘‘(iv) GUIDANCE.—Not later than 30 days the supply chains, distribution, and sale of (1) the amount authorized for commit- after the date of enactment of this para- products of covered small business concerns ments for general business loans authorized graph, the Administrator shall provide guid- and the mitigation of those effects; under section 7(a) of the Small Business Act ance to lenders under this paragraph on the (D) the management and practice of (15 U.S.C. 636(a)), including loans made under deferment process described in this subpara- telework to reduce possible transmission of graph. paragraph (36) of such section, as added by COVID–19; subsection (a), shall be $349,000,000,000; and ‘‘(N) SECONDARY MARKET SALES.—A covered (E) the management and practice of re- loan shall be eligible to be sold in the sec- (2) the amount authorized for commit- mote customer service by electronic or other ondary market consistent with this sub- ments for such loans under the heading means; section. The Administrator may not collect ‘‘BUSINESS LOANS PROGRAM ACCOUNT’’ under (F) the risks of and mitigation of cyber any fee for any guarantee sold into the sec- the heading ‘‘SMALL BUSINESS ADMINISTRA- threats in remote customer service or ondary market under this subparagraph. TION’’ under title V of the Consolidated Ap- telework practices; ‘‘(O) REGULATORY CAPITAL REQUIREMENTS.— propriations Act, 2020 (Public Law 116–93; 133 (G) the mitigation of the effects of reduced ‘‘(i) RISK WEIGHT.—With respect to the ap- Stat. 2475) shall not apply. travel or outside activities on covered small propriate Federal banking agencies or the (c) EXPRESS LOANS.— business concerns during COVID–19 or simi- National Credit Union Administration Board (1) IN GENERAL.—Section 7(a)(31)(D) of the lar occurrences; and applying capital requirements under their Small Business Act (15 U.S.C. 636(a)(31)(D)) is (H) any other relevant business practices respective risk-based capital requirements, a amended by striking ‘‘$350,000’’ and inserting necessary to mitigate the economic effects covered loan shall receive a risk weight of ‘‘$1,000,000’’. of COVID–19 or similar occurrences. zero percent. (2) PROSPECTIVE REPEAL.—Effective on Jan- (3) GRANT DETERMINATION.— ‘‘(ii) TEMPORARY RELIEF FROM TDR DISCLO- uary 1, 2021, section 7(a)(31)(D) of the Small (A) SMALL BUSINESS DEVELOPMENT CEN- SURES.—Notwithstanding any other provi- Business Act (15 U.S.C. 636(a)(31)(D)) is TERS.—The Administration shall award 80 sion of law, an insured depository institution amended by striking ‘‘$1,000,000’’ and insert- percent of funds authorized to carry out this or an insured credit union that modifies a ing ‘‘$350,000’’. subsection to small business development covered loan in relation to COVID–19-related (d) EXCEPTION TO GUARANTEE FEE WAIVER centers, which shall be awarded pursuant to difficulties in a troubled debt restructuring FOR VETERANS.—Section 7(a)(31)(G) of the a formula jointly developed, negotiated, and on or after March 13, 2020, shall not be re- Small Business Act (15 U.S.C. 636(a)(31)(G)) is agreed upon, with full participation of both quired to comply with the Financial Ac- amended— parties, between the association formed counting Standards Board Accounting (1) by striking clause (ii); and under section 21(a)(3)(A) of the Small Busi- Standards Codification Subtopic 310-40 (‘Re- (2) by redesignating clause (iii) as clause ness Act (15 U.S.C. 648(a)(3)(A)) and the Ad- ceivables – Troubled Debt Restructurings by (ii). ministration. Creditors’) for purposes of compliance with (e) INTERIM RULE.—On and after the date of (B) WOMEN’S BUSINESS CENTERS.—The Ad- the requirements of the Federal Deposit In- enactment of this Act, the interim final rule ministration shall award 20 percent of funds surance Act (12 U.S.C. 1811 et seq.), until published by the Administrator entitled ‘‘Ex- authorized to carry out this subsection to such time and under such circumstances as press Loan Programs: Affiliation Standards’’ women’s business centers, which shall be the appropriate Federal banking agency or (85 Fed. Reg. 7622 (February 10, 2020)) is per- awarded pursuant to a process established by the National Credit Union Administration manently rescinded and shall have no force the Administration in consultation with re- Board, as applicable, determines appropriate. or effect. cipients of assistance. ‘‘(P) REIMBURSEMENT FOR PROCESSING.— SEC. 1103. ENTREPRENEURIAL DEVELOPMENT. (C) NO MATCHING FUNDS REQUIRED.—Match- ‘‘(i) IN GENERAL.—The Administrator shall (a) DEFINITIONS.—In this section— ing funds shall not be required for any grant reimburse a lender authorized to make a cov- (1) the term ‘‘covered small business con- under this subsection. ered loan at a rate, based on the balance of cern’’ means a small business concern that (4) GOALS AND METRICS.— the financing outstanding at the time of dis- has experienced, as a result of COVID–19— (A) IN GENERAL.—Goals and metrics for the bursement of the covered loan, of— (A) supply chain disruptions, including funds made available under this subsection ‘‘(I) 5 percent for loans of not more than changes in— shall be jointly developed, negotiated, and $350,000; (i) quantity and lead time, including the agreed upon, with full participation of both ‘‘(II) 3 percent for loans of more than number of shipments of components and parties, between the resource partners and $350,000 and less than $2,000,000; and delays in shipments; the Administrator, which shall—

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2068 CONGRESSIONAL RECORD — SENATE March 25, 2020 (i) take into consideration the extent of (B) with respect to the grant program (1) Payroll costs. the circumstances relating to the spread of under subsection (c)— (2) Any payment of interest on any covered COVID–19, or similar occurrences, that affect (i) the efforts of the Administrator and the mortgage obligation (which shall not include covered small business concerns located in association or associations to develop and any prepayment of or payment of principal the areas covered by the resource partner, evolve an online resource for small business on a covered mortgage obligation). particularly in rural areas or economically concerns; and (3) Any payment on any covered rent obli- distressed areas; (ii) the efforts of the Administrator and gation. (ii) generally follow the use of funds out- the association or associations to develop a (4) Any covered utility payment. lined in paragraph (2), but shall not restrict training program for resource partner coun- (c) TREATMENT OF AMOUNTS FORGIVEN.— the activities of resource partners in re- selors, including the number of counselors (1) IN GENERAL.—Amounts which have been sponding to unique situations; and trained. forgiven under this section shall be consid- (iii) encourage resource partners to de- SEC. 1104. STATE TRADE EXPANSION PROGRAM. ered canceled indebtedness by a lender au- velop and provide services to covered small (a) IN GENERAL.—Notwithstanding para- thorized under section 7(a) of the Small Busi- business concerns. graph (3)(C)(iii) of section 22(l) of the Small ness Act (15 U.S.C. 636(a)). (B) PUBLIC AVAILABILITY.—The Adminis- Business Act (15 U.S.C. 649(l)), for grants (2) PURCHASE OF GUARANTEES.—For pur- trator shall make publicly available the under the State Trade Expansion Program poses of the purchase of the guarantee for a methodology by which the Administrator under such section 22(l) using amounts made covered loan by the Administrator, amounts and resource partners jointly develop the available for fiscal year 2018 or fiscal year which are forgiven under this section shall metrics and goals described in subparagraph 2019, the period of the grant shall continue be treated in accordance with the procedures (A). through the end of fiscal year 2021. that are otherwise applicable to a loan guaranteed under section 7(a) of the Small Busi- (c) RESOURCE PARTNER ASSOCIATION (b) REIMBURSEMENT.—The Administrator shall reimburse any recipient of assistance ness Act (15 U.S.C. 636(a)). GRANTS.— under section 22(l) of the Small Business Act (3) REMITTANCE.—Not later than 90 days (1) IN GENERAL.—The Administrator may after the date on which the amount of for- provide grants to an association or associa- (15 U.S.C. 649(l)) for financial losses relating to a foreign trade mission or a trade show giveness under this section is determined, tions representing resource partners under exhibition that was cancelled solely due to a the Administrator shall remit to the lender which the association or associations shall public health emergency declared due to an amount equal to the amount of forgive- establish a single centralized hub for COVID– COVID–19 if the reimbursement does not ex- ness, plus any interest accrued through the 19 information, which shall include— ceed a recipient’s grant funding. date of payment. (A) 1 online platform that consolidates re- (4) ADVANCE PURCHASE OF COVERED LOAN.— sources and information available across SEC. 1105. WAIVER OF MATCHING FUNDS RE- QUIREMENT UNDER THE WOMEN’S (A) REPORT.—A lender authorized under multiple Federal agencies for small business BUSINESS CENTER PROGRAM. section 7(a) of the Small Business Act (15 concerns related to COVID–19; and During the 3-month period beginning on U.S.C. 636(a)), or, at the discretion of the Ad- (B) a training program to educate resource the date of enactment of this Act, the re- ministrator, a third party participant in the partner counselors, members of the Service quirement relating to obtaining cash con- secondary market, may, report to the Ad- Corps of Retired Executives established tributions from non-Federal sources under ministrator an expected forgiveness amount under section 8(b)(1)(B) of the Small Busi- section 29(c)(1) of the Small Business Act (15 on a covered loan or on a pool of covered ness Act (15 U.S.C. 637(b)(1)(B)), and coun- U.S.C. 656(c)(1)) is waived for any recipient of loans of up to 100 percent of the principal on selors at veterans business outreach centers assistance under such section 29. the covered loan or pool of covered loans, re- described in section 32 of the Small Business SEC. 1106. LOAN FORGIVENESS. spectively. Act (15 U.S.C. 657b) on the resources and in- (a) DEFINITIONS.—In this section— (B) PURCHASE.—The Administrator shall formation described in subparagraph (A). (1) the term ‘‘covered loan’’ means a loan purchase the expected forgiveness amount (2) GOALS AND METRICS.—Goals and metrics guaranteed under paragraph (36) of section described in subparagraph (A) as if the for the funds made available under this sub- 7(a) of the Small Business Act (15 U.S.C. amount were the principal amount of a loan section shall be jointly developed, nego- 636(a)), as added by section 1102; guaranteed under section 7(a) of the Small tiated, and agreed upon, with full participa- (2) the term ‘‘covered mortgage obliga- Business Act 636(a)). tion of both parties, between the association tion’’ means any indebtedness or debt instru- (C) TIMING.—Not later than 15 days after or associations receiving a grant under this ment incurred in the ordinary course of busi- the date on which the Administrator re- subsection and the Administrator. ness that— ceives a report under subparagraph (A), the (d) REPORT.—Not later than 6 months after (A) is a liability of the borrower; Administrator shall purchase the expected the date of enactment of this Act, and annu- (B) is a mortgage on real or personal prop- forgiveness amount under subparagraph (B) ally thereafter, the Administrator shall sub- erty; and with respect to each covered loan to which mit to the Committee on Small Business and (C) was incurred before February 15, 2020; the report relates. Entrepreneurship of the Senate and the Com- (3) the term ‘‘covered period’’ means the 8- (d) LIMITS ON AMOUNT OF FORGIVENESS.— mittee on Small Business of the House of week period beginning on the date of the (1) AMOUNT MAY NOT EXCEED PRINCIPAL.— Representatives a report that describes— origination of a covered loan; The amount of loan forgiveness under this (1) with respect to the initial year covered (4) the term ‘‘covered rent obligation’’ section shall not exceed the principal by the report— means rent obligated under a leasing agree- amount of the financing made available (A) the programs and services developed ment in force before February 15, 2020; under the applicable covered loan. and provided by the Administration and re- (5) the term ‘‘covered utility payment’’ (2) REDUCTION BASED ON REDUCTION IN NUM- source partners under subsection (b); means payment for a service for the distribu- BER OF EMPLOYEES.— (B) the initial efforts to provide those serv- tion of electricity, gas, water, transpor- (A) IN GENERAL.—The amount of loan for- ices under subsection (b); and tation, telephone, or internet access for giveness under this section shall be reduced, (C) the online platform and training devel- which service began before February 15, 2020; but not increased, by multiplying the oped and provided by the Administration and (6) the term ‘‘eligible recipient’’ means the amount described in subsection (b) by the the association or associations under subrecipient of a covered loan; quotient obtained by dividing— section (c); and (7) the term ‘‘expected forgiveness (i) the average number of full-time equiva- (2) with respect to the subsequent years amount’’ means the amount of principal that lent employees per month employed by the covered by the report— a lender reasonably expects a borrower to ex- eligible recipient during the covered period; (A) with respect to the grant program pend during the covered period on the sum of by under subsection (b)— any— (ii)(I) at the election of the borrower— (i) the efforts of the Administrator and re- (A) payroll costs; (aa) the average number of full-time equiv- source partners to develop services to assist (B) payments of interest on any covered alent employees per month employed by the covered small business concerns; mortgage obligation (which shall not include eligible recipient during the period begin- (ii) the challenges faced by owners of cov- any prepayment of or payment of principal ning on February 15, 2019 and ending on June ered small business concerns in accessing on a covered mortgage obligation); 30, 2019; or services provided by the Administration and (C) payments on any covered rent obliga- (bb) the average number of full-time equiv- resource partners; tion; and alent employees per month employed by the (iii) the number of unique covered small (D) covered utility payments; and eligible recipient during the period begin- business concerns that were served by the (8) the term ‘‘payroll costs’’ has the mean- ning on January 1, 2020 and ending on Feb- Administration and resource partners; and ing given that term in paragraph (36) of sec- ruary 29, 2020; or (iv) other relevant outcome performance tion 7(a) of the Small Business Act (15 U.S.C. (II) in the case of an eligible recipient that data with respect to covered small business 636(a)), as added by section 1102 of this Act. is seasonal employer, as determined by the concerns, including the number of employees (b) FORGIVENESS.—An eligible recipient Administrator, the average number of full- affected, the effect on sales, the disruptions shall be eligible for forgiveness of indebted- time equivalent employees per month em- of supply chains, and the efforts made by the ness on a covered loan in an amount equal to ployed by the eligible recipient during the Administration and resource partners to the sum of the following costs incurred and period beginning on February 15, 2019 and mitigate these effects; and payments made during the covered period: ending on June 30, 2019.

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(B) CALCULATION OF AVERAGE NUMBER OF (2) documentation, including cancelled General’’, to remain available until Sep- EMPLOYEES.—For purposes of subparagraph checks, payment receipts, transcripts of ac- tember 30, 2024, for necessary expenses of the (A), the average number of full-time equiva- counts, or other documents verifying pay- Office of Inspector General of the Adminis- lent employees shall be determined by calcu- ments on covered mortgage obligations, pay- tration in carrying out the provisions of the lating the average number of full-time equiv- ments on covered lease obligations, and cov- Inspector General Act of 1978 (5 U.S.C. App.); alent employees for each pay period falling ered utility payments; (4) $265,000,000 under the heading ‘‘Small within a month. (3) a certification from a representative of Business Administration—Entrepreneurial (3) REDUCTION RELATING TO SALARY AND the eligible recipient authorized to make Development Programs’’, of which— WAGES.— such certifications that— (A) $240,000,000 shall be for carrying out (A) IN GENERAL.—The amount of loan for- (A) the documentation presented is true section 1103(b) of this Act; and giveness under this section shall be reduced and correct; and (B) $25,000,000 shall be for carrying out sec- by the amount of any reduction in total sal- (B) the amount for which forgiveness is re- tion 1103(c) of this Act; ary or wages of any employee described in quested was used to retain employees, make (5) $10,000,000 under the heading ‘‘Depart- subparagraph (B) during the covered period interest payments on a covered mortgage ob- ment of Commerce—Minority Business De- that is in excess of 25 percent of the total ligation, make payments on a covered rent velopment Agency’’ for minority business salary or wages of the employee during the obligation, or make covered utility pay- centers of the Minority Business Develop- most recent full quarter during which the ments; and ment Agency to provide technical assistance employee was employed before the covered (4) any other documentation the Adminis- to small business concerns; period. trator determines necessary. (6) $10,000,000,000 under the heading ‘‘Small (B) EMPLOYEES DESCRIBED.—An employee (f) PROHIBITION ON FORGIVENESS WITHOUT Business Administration—Emergency EIDL described in this subparagraph is any em- DOCUMENTATION.—No eligible recipient shall Grants’’ shall be for carrying out section 1110 ployee who did not receive, during any single receive forgiveness under this section with- of this Act; pay period during 2019, wages or salary at an out submitting to the lender that is serv- (7) $17,000,000,000 under the heading ‘‘Small annualized rate of pay in an amount more icing the covered loan the documentation re- Business Administration—Business Loans than $100,000. quired under subsection (e). Program Account, CARES Act’’ shall be for (4) TIPPED WORKERS.—An eligible recipient (g) DECISION.—Not later than 60 days after carrying out section 1112 of this Act; and with tipped employees described in section the date on which a lender receives an appli- (8) $25,000,000 under the heading ‘‘Depart- 3(m)(2)(A) of the Fair Labor Standards Act of cation for loan forgiveness under this section ment of the Treasury—Departmental Of- 1938 (29 U.S.C. 203(m)(2)(A)) may receive for- from an eligible recipient, the lender shall fices—Salaries and Expenses’’ shall be for giveness for additional wages paid to those issue a decision on the an application. carrying out section 1109 of this Act. employees. (h) HOLD HARMLESS.—If a lender has re- (b) SECONDARY MARKET.—During the period (5) EXEMPTION FOR RE-HIRES.— ceived the documentation required under beginning on the date of enactment of this (A) IN GENERAL.—In a circumstance de- this section from an eligible recipient attest- Act and ending on September 30, 2021, guar- scribed in subparagraph (B), the amount of ing that the eligible recipient has accurately antees of trust certificates authorized by loan forgiveness under this section shall be verified the payments for payroll costs, pay- section 5(g) of the Small Business Act (15 determined without regard to a reduction in ments on covered mortgage obligations, pay- U.S.C. 635(g)) shall not exceed a principal the number of full-time equivalent employ- ments on covered lease obligations, or cov- amount of $100,000,000,000. ees of an eligible recipient or a reduction in ered utility payments during covered pe- (c) REPORTS.—Not later than 180 days after the salary of 1 or more employees of the eli- riod— the date of enactment of this Act, the Ad- gible recipient, as applicable, during the pe- (1) an enforcement action may not be ministrator shall submit to the Committee riod beginning on February 15, 2020 and end- taken against the lender under section 47(e) on Appropriations of the Senate and the ing on the date that is 30 days after the date of the Small Business Act (15 U.S.C. 657t(e)) of enactment of this Act. Committee on Appropriations of the House relating to loan forgiveness for the payments of Representatives a detailed expenditure (B) CIRCUMSTANCES.—A circumstance de- for payroll costs, payments on covered mort- scribed in this subparagraph is a cir- plan for using the amounts appropriated to gage obligations, payments on covered lease cumstance— the Administration under subsection (a). obligations, or covered utility payments, as (i) in which— SEC. 1108. MINORITY BUSINESS DEVELOPMENT the case may be; and (I) during the period beginning on Feb- AGENCY. (2) the lender shall not be subject to any ruary 15, 2020 and ending on the date that is (a) DEFINITIONS.—In this section— penalties by the Administrator relating to 30 days after the date of enactment of this (1) the term ‘‘Agency’’ means the Minority loan forgiveness for the payments for payroll Act, there is a reduction, as compared to Business Development Agency of the Depart- costs, payments on covered mortgage obliga- February 15, 2020, in the number of full-time ment of Commerce; tions, payments on covered lease obligations, equivalent employees of an eligible recipi- (2) the term ‘‘minority business center’’ or covered utility payments, as the case may ent; and means a Business Center of the Agency; be. (II) not later than June 30, 2020, the eligi- (3) the term ‘‘minority business enter- (i) TAXABILITY.—For purposes of the Inter- ble employer has eliminated the reduction in prise’’ means a for-profit business enter- nal Revenue Code of 1986, any amount which the number of full-time equivalent employ- prise— (but for this subsection) would be includible ees; (A) not less than 51 percent of which is in gross income of the eligible recipient by (ii) in which— owned by 1 or more socially disadvantaged reason of forgiveness described in subsection (I) during the period beginning on Feb- individuals, as determined by the Agency; (b) shall be excluded from gross income. ruary 15, 2020 and ending on the date that is and (j) RULE OF CONSTRUCTION.—The cancella- 30 days after the date of enactment of this (B) the management and daily business option of indebtedness on a covered loan under Act, there is a reduction, as compared to erations of which are controlled by 1 or more this section shall not otherwise modify the February 15, 2020, in the salary or wages of 1 socially disadvantaged individuals, as deter- terms and conditions of the covered loan. or more employees of the eligible recipient; mined by the Agency; and (k) REGULATIONS.—Not later than 30 days and (4) the term ‘‘minority chamber of com- after the date of enactment of this Act, the (II) not later than June 30, 2020, the eligi- merce’’ means a chamber of commerce devel- Administrator shall issue guidance and regu- ble employer has eliminated the reduction in oped specifically to support minority busi- lations implementing this section. the salary or wages of such employees; or ness enterprises. (iii) in which the events described in clause SEC. 1107. DIRECT APPROPRIATIONS. (b) EDUCATION, TRAINING, AND ADVISING (i) and (ii) occur. (a) IN GENERAL.—There is appropriated, GRANTS.— (6) EXEMPTIONS.—The Administrator and out of amounts in the Treasury not other- (1) IN GENERAL.—The Agency may provide the Secretary of the Treasury may prescribe wise appropriated, for the fiscal year ending financial assistance in the form of grants to regulations granting de minimis exemptions September 30, 2020, to remain available until minority business centers and minority from the requirements under this subsection. September 30, 2021, for additional amounts— chambers of commerce to provide education, (e) APPLICATION.—An eligible recipient (1) $349,000,000,000 under the heading training, and advising to minority business seeking loan forgiveness under this section ‘‘Small Business Administration—Business enterprises. shall submit to the lender that is servicing Loans Program Account, CARES Act’’ for (2) USE OF FUNDS.—Grants under this sec- the covered loan an application, which shall the cost of guaranteed loans as authorized tion shall be used for the education, train- include— under paragraph (36) of section 7(a) of the ing, and advising of minority business enter- (1) documentation verifying the number of Small Business Act (15 U.S.C. 636(a)), as prises and their employees on— full-time equivalent employees on payroll added by section 1102(a) of this Act; (A) accessing and applying for resources and pay rates for the periods described in (2) $675,000,000 under the heading ‘‘Small provided by the Agency and other Federal re- subsection (d), including— Business Administration—Salaries and Ex- sources relating to access to capital and (A) payroll tax filings reported to the In- penses’’ for salaries and expenses of the Ad- business resiliency; ternal Revenue Service; and ministration; (B) the hazards and prevention of the (B) State income, payroll, and unemploy- (3) $25,000,000 under the heading ‘‘Small transmission and communication of COVID– ment insurance filings; Business Administration—Office of Inspector 19 and other communicable diseases;

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(C) the potential effects of COVID–19 on the Committee on Small Business and Entre- (d) REGULATIONS FOR LENDERS AND the supply chains, distribution, and sale of preneurship and the Committee on Com- LOANS.— products of minority business enterprises merce, Science, and Transportation of the (1) IN GENERAL.—The Secretary may issue and the mitigation of those effects; Senate and the Committee on Small Busi- regulations and guidance as necessary to (D) the management and practice of ness and the Committee on Energy and Com- carry out the purposes of this section, in- telework to reduce possible transmission of merce of the House of Representatives a re- cluding to— COVID–19; port that describes— (A) allow additional lenders to originate (E) the management and practice of re- (1) with respect to the period covered by loans under this section; and mote customer service by electronic or other the initial report— (B) establish terms and conditions for means; (A) the programs and services developed loans under this section, including terms and (F) the risks of and mitigation of cyber and provided by the Agency, minority busi- conditions concerning compensation, under- threats in remote customer service or ness centers, and minority chambers of com- writing standards, interest rates, and matu- telework practices; merce under subsection (b); and rity. (G) the mitigation of the effects of reduced (B) the initial efforts to provide those serv- (2) REQUIREMENTS.—The terms and condi- travel or outside activities on minority busi- ices under subsection (b); and tions established under paragraph (1) shall ness enterprises during COVID–19 or similar (2) with respect to subsequent years cov- provide for the following: occurrences; and ered by the report— (A) A rate of interest that does not exceed (H) any other relevant business practices (A) with respect to the grant program the maximum permissible rate of interest necessary to mitigate the economic effects under subsection (b)— available on a loan of comparable maturity of COVID–19 or similar occurrences. (i) the efforts of the Agency, minority busi- under paragraph (36) of section 7(a) of the (3) NO MATCHING FUNDS REQUIRED.—Match- ness centers, and minority chambers of com- Small Business Act (15 U.S.C. 636(a)), as ing funds shall not be required for any grant merce to develop services to assist minority added by section 1102 of this Act. under this section. business enterprises; (B) Terms and conditions that, to the max- (4) GOALS AND METRICS.— (ii) the challenges faced by owners of mi- imum extent practicable, are consistent with (A) IN GENERAL.—Goals and metrics for the nority business enterprises in accessing serv- the terms and conditions required under the funds made available under this section shall ices provided by the Agency, minority busi- following provisions of paragraph (36) of sec- be jointly developed, negotiated, and agreed ness centers, and minority chambers of com- tion 7(a) of the Small Business Act (15 U.S.C. upon, with full participation of both parties, merce; 636(a)), as added by section 1102 of this Act: between the minority business centers, mi- (iii) the number of unique minority busi- (i) Subparagraph (D), pertaining to bor- nority chambers of commerce, and the Agen- ness enterprises that were served by the rower eligibility. cy, which shall— Agency, minority business centers, or minor- (ii) Subparagraph (E), pertaining to the (i) take into consideration the extent of ity chambers of commerce; and maximum loan amount. the circumstances relating to the spread of (iv) other relevant outcome performance (iii) Subparagraph (F)(i), pertaining to al- COVID–19, or similar occurrences, that affect data with respect to minority business enter- lowable uses of program loans. minority business enterprises located in the prises, including the number of employees (iv) Subparagraph (H), pertaining to fee areas covered by minority business centers affected, the effect on sales, the disruptions waivers. and minority chambers of commerce, par- of supply chains, and the efforts made by the (v) Subparagraph (M), pertaining to loan ticularly in rural areas or economically dis- Agency, minority business centers, and mi- deferment. tressed areas; nority chambers of commerce to mitigate (C) A guarantee percentage that, to the (ii) generally follow the use of funds out- these effects . maximum extent practicable, is consistent lined in paragraph (2), but shall not restrict (e) AUTHORIZATION OF APPROPRIATIONS.— with the guarantee percentage required the activities of minority business centers There is authorized to be appropriated under subparagraph (F) of section 7(a)(2) of and minority chambers of commerce in re- $10,000,000 to carry out this section, to re- the Small Business Act (15 U.S.C. 636(a)(2)), sponding to unique situations; and main available until expended. as added by section 1102 of this Act. (D) Loan forgiveness under terms and con- (iii) encourage minority business centers SEC. 1109. UNITED STATES TREASURY PROGRAM and minority chambers of commerce to de- MANAGEMENT AUTHORITY. ditions that, to the maximum extent prac- velop and provide services to minority busi- (a) DEFINITIONS.—In this section— ticable, is consistent with the terms and con- ness enterprises. (1) the terms ‘‘appropriate Federal banking ditions for loan forgiveness under section (B) PUBLIC AVAILABILITY.—The Agency agency’’ and ‘‘insured depository institu- 1106 of this Act. shall make publicly available the method- tion’’ have the meanings given those terms (e) ADDITIONAL REGULATIONS GENERALLY.— The Secretary may issue regulations and ology by which the Agency, minority busi- in section 3 of the Federal Deposit Insurance guidance as necessary to carry out the pur- ness centers, and minority chambers of com- Act (12 U.S.C. 1813); poses of this section, including to allow addi- merce jointly develop the metrics and goals (2) the term ‘‘insured credit union’’ has the tional lenders to originate loans under this described in subparagraph (A). meaning given the term in section 101 of the (c) WAIVERS.— title and to establish terms and conditions Federal Credit Union Act (12 U.S.C. 1752); such as compensation, underwriting stand- (1) IN GENERAL.—Notwithstanding any and other provision of law or regulation, the ards, interest rates, and maturity for under (3) the term ‘‘Secretary’’ means the Sec- this section. Agency may, during the 3-month period that retary of the Treasury. begins on the date of enactment of this Act, (f) CERTIFICATION.—As a condition of re- (b) AUTHORITY TO INCLUDE ADDITIONAL FI- ceiving a loan under this section, a borrower waive any matching requirement imposed on NANCIAL INSTITUTIONS.—The Department of shall certify under terms acceptable to the a minority business center or a specialty the Treasury, in consultation with the Ad- Secretary that the borrower— center of the Agency under a cooperative ministrator, and the Chairman of the Farm (1) does not have an application pending agreement between such a center and the Credit Administration shall establish cri- for a loan under section 7(a) of the Small Agency if the applicable center is unable to teria for insured depository institutions, in- Business Act (15 U.S.C. 636(a)) for the same raise funds, or has suffered a loss of revenue, sured credit unions, institutions of the Farm purpose; and because of the effects of COVID–19. Credit System chartered under the Farm (2) has not received such a loan during the (2) REMAINING COMPLIANT.—Notwith- Credit Act of 1971 (12 U.S.C. 2001 et seq.), and period beginning on February 15, 2020 and standing any provision of a cooperative other lenders that do not already participate ending on December 31, 2020. agreement between the Agency and a minor- in lending under programs of the Adminis- (g) OPT-IN FOR SBA QUALIFIED LENDERS.— ity business center, if, during the period be- tration, to participate in the paycheck pro- Lenders qualified to participate as a lender ginning on the date of enactment of this Act tection program to provide loans under this under 7(a) of the Small Business Act (15 and ending on September 30, 2021, such a cen- section until the date on which the national U.S.C. 636(a)) may elect to participate in the ter decides not to collect fees because of the emergency declared by the President under paycheck protection program under the cri- economic consequences of COVID–19, the the National Emergencies Act (50 U.S.C. 1601 teria, terms, and conditions established center shall be considered to be in compli- et seq.) with respect to the Coronavirus Dis- under this section. Such participation shall ance with that agreement if— ease 2019 (COVID–19) expires. not preclude the lenders from continuing (A) the center notifies the Agency with re- (c) SAFETY AND SOUNDNESS.—An insured participation as a lender under section 7(a) spect to that decision, which the center may depository institution, insured credit union, of the Small Business Act (15 U.S.C. 636(a)). provide through electronic mail; and institution of the Farm Credit System char- (h) PROGRAM ADMINISTRATION.—With guid- (B) the Agency, not later than 15 days after tered under the Farm Credit Act of 1971 (12 ance from the Secretary, the Administrator the date on which the center provides notice U.S.C. 2001 et seq.), or other lender may only shall administer the program established to the Agency under subparagraph (A)— participate in the program established under under this section, including the making and (i) confirms receipt of the notification this section if participation does not affect purchasing of guarantees on loans under the under subparagraph (A); and the safety and soundness of the institution program, until the date on which the na- (ii) accepts the decision of the center. or lender, as determined by the Secretary in tional emergency declared by the President (d) REPORT.—Not later than 6 months after consultation with the appropriate Federal under the National Emergencies Act (50 the date of enactment of this Act, and annu- banking agencies or the National Credit U.S.C. 1601 et seq.) with respect to the ally thereafter, the Agency shall submit to Union Administration Board, as applicable. Coronavirus Disease 2019 (COVID–19) expires.

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(i) CRIMINAL PENALTIES.—A loan under this (3) AMOUNT.—The amount of an advance graph and the Administrator shall accept ap- section shall be deemed to be a loan under provided under this subsection shall be not plications for such assistance immediately.’’. the Small Business Act (15 U.S.C. 631 et seq.) more than $10,000. SEC. 1111. RESOURCES AND SERVICES IN LAN- for purposes of section 16 of such Act (15 (4) USE OF FUNDS.—An advance provided GUAGES OTHER THAN ENGLISH. U.S.C. 645). under this subsection may be used to address (a) IN GENERAL.—The Administrator shall any allowable purpose for a loan made under SEC. 1110. EMERGENCY EIDL GRANTS. provide the resources and services made section 7(b)(2) of the Small Business Act (15 available by the Administration to small (a) DEFINITIONS.—In this section— U.S.C. 636(b)(2)), including— business concerns in the 10 most commonly (1) the term ‘‘covered period’’ means the (A) providing paid sick leave to employees spoken languages, other than English, in the period beginning on January 31, 2020 and end- unable to work due to the direct effect of the United States, which shall include Mandarin, ing on December 31, 2020; and COVID–19; Cantonese, Japanese, and Korean. (2) the term ‘‘eligible entity’’ means— (B) maintaining payroll to retain employ- (b) AUTHORIZATION OF APPROPRIATIONS.— (A) a business with not more than 500 em- ees during business disruptions or substan- There is authorized to be appropriated to the ployees; tial slowdowns; Administrator $25,000,000 to carry out this (B) any individual who operates under a (C) meeting increased costs to obtain ma- section. sole proprietorship, with or without employ- terials unavailable from the applicant’s ees, or as an independent contractor; SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAY- original source due to interrupted supply MENTS. (C) a cooperative with not more than 500 chains; (a) DEFINITION OF COVERED LOAN.—In this employees; (D) making rent or mortgage payments; section, the term ‘‘covered loan’’ means a (D) an ESOP (as defined in section 3 of the and loan that is— Small Business Act (15 U.S.C. 632)) with not (E) repaying obligations that cannot be (1) guaranteed by the Administration more than 500 employees; or met due to revenue losses. under— (E) a tribal small business concern, as de- (5) REPAYMENT.—An applicant shall not be (A) section 7(a) of the Small Business Act scribed in section 31(b)(2)(C) of the Small required to repay any amounts of an advance (15 U.S.C. 636(a))— Business Act (15 U.S.C. 657a(b)(2)(C)), with provided under this subsection, even if subse- not more than 500 employees. quently denied a loan under section 7(b)(2) of (i) including a loan made under the Com- munity Advantage Pilot Program of the Ad- (b) ELIGIBLE ENTITIES.—During the covered the Small Business Act (15 U.S.C. 636(b)(2)). ministration; and period, in addition to small business con- (6) UNEMPLOYMENT GRANT.—If an applicant (ii) excluding a loan made under paragraph cerns, private nonprofit organizations, and that receives an advance under this sub- (36) of such section 7(a), as added by section small agricultural cooperatives, an eligible section transfers into, or is approved for, the 1102; or entity shall be eligible for a loan made under loan program under section 7(a) of the Small (B) title V of the Small Business Invest- section 7(b)(2) of the Small Business Act (15 Business Act (15 U.S.C. 636(a)), the advance ment Act of 1958 (15 U.S.C. 695 et seq.); or U.S.C. 636(b)(2)). amount shall be reduced from the loan forgiveness amount for a loan for payroll costs (2) made by an intermediary to a small (c) TERMS; CREDIT ELSEWHERE.—With re- business concern using loans or grants respect to a loan made under section 7(b)(2) of made under such section 7(a). (7) AUTHORIZATION OF APPROPRIATIONS.— ceived under section 7(m) of the Small Busi- the Small Business Act (15 U.S.C. 636(b)(2)) in ness Act (15 U.S.C. 636(m)). response to COVID–19 during the covered pe- There is authorized to be appropriated to the Administration $10,000,000,000 to carry out (b) SENSE OF CONGRESS.—It is the sense of riod, the Administrator shall waive— Congress that— (1) any rules related the personal guar- this subsection. (8) TERMINATION.—The authority to carry (1) all borrowers are adversely affected by antee on advances and loans of not more COVID-19; than $200,000 during the covered period for out grants under this subsection shall terminate on December 31, 2020. (2) relief payments by the Administration all applicants; (f) EMERGENCIES INVOLVING FEDERAL PRI- are appropriate for all borrowers; and (2) the requirement that an applicant needs MARY RESPONSIBILITY QUALIFYING FOR SBA (3) in addition to the relief provided under to be in business for the 1-year period before ASSISTANCE.—Section 7(b)(2) of the Small this Act, the Administration should encour- the disaster, except that no waiver may be Business Act (15 U.S.C. 636(b)(2)) is amend- age lenders to provide payment deferments, made for a business that was not in oper- ed— when appropriate, and to extend the matu- ation on January 31, 2020; and (1) in subparagraph (A), by striking ‘‘or’’ at rity of covered loans, so as to avoid balloon (3) the requirement in the flush matter fol- the end; payments or any requirement for increases lowing subparagraph (E) of section 7(b)(2) of (2) in subparagraph (B), by striking ‘‘or’’ at in debt payments resulting from deferments the Small Business Act (15 U.S.C. 636(b)(2)), the end; provided by lenders during the period of the as so redesignated by subsection (f) of this (3) in subparagraph (C), by striking ‘‘or’’ at national emergency declared by the Presi- section, that an applicant be unable to ob- the end; dent under the National Emergencies Act (50 tain credit elsewhere. (4) by redesignating subparagraph (D) as U.S.C. 1601 et seq.) with respect to the (d) APPROVAL AND ABILITY TO REPAY FOR subparagraph (E); Coronavirus Disease 2019 (COVID–19). SMALL DOLLAR LOANS.—With respect to a (5) by inserting after subparagraph (C) the (c) PRINCIPAL AND INTEREST PAYMENTS.— loan made under section 7(b)(2) of the Small following: (1) IN GENERAL.—The Administrator shall Business Act (15 U.S.C. 636(b)(2)) in response ‘‘(D) an emergency involving Federal pri- pay the principal, interest, and any associ- to COVID–19 during the covered period, the mary responsibility determined to exist by ated fees that are owed on a covered loan in Administrator may— the President under the section 501(b) of the a regular servicing status— (1) approve an applicant based solely on Robert T. Stafford Disaster Relief and Emer- (A) with respect to a covered loan made be- the credit score of the applicant and shall gency Assistance Act (42 U.S.C. 5191(b)); or’’; fore the date of enactment of this Act and not require an applicant to submit a tax re- and not on deferment, for the 6-month period be- turn or a tax return transcript for such ap- (6) in subparagraph (E), as so redesig- ginning with the next payment due on the proval; or nated— covered loan; (2) use alternative appropriate methods to (A) by striking ‘‘or (C)’’ and inserting ‘‘(C), (B) with respect to a covered loan made be- determine an applicant’s ability to repay. or (D)’’; fore the date of enactment of this Act and on (e) EMERGENCY GRANT.— (B) by striking ‘‘disaster declaration’’ each deferment, for the 6-month period beginning (1) IN GENERAL.—During the covered period, place it appears and inserting ‘‘disaster or with the next payment due on the covered an entity included for eligibility in sub- emergency declaration’’; loan after the deferment period; and section (b), including small business con- (C) by striking ‘‘disaster has occurred’’ and (C) with respect to a covered loan made cerns, private nonprofit organizations, and inserting ‘‘disaster or emergency has oc- during the period beginning on the date of small agricultural cooperatives, that applies curred’’; enactment of this Act and ending on the date for a loan under section 7(b)(2) of the Small (D) by striking ‘‘such disaster’’ and insert- that is 6 months after such date of enact- Business Act (15 U.S.C. 636(b)(2)) in response ing ‘‘such disaster or emergency’’; and ment, for the 6-month period beginning with to COVID–19 may request that the Adminis- (E) by striking ‘‘disaster stricken’’ and in- the first payment due on the covered loan. trator provide an advance that is, subject to serting ‘‘disaster- or emergency-stricken’’; (2) TIMING OF PAYMENT.—The Adminis- paragraph (3), in the amount requested by and trator shall begin making payments under such applicant to such applicant within 3 (7) in the flush matter following subpara- paragraph (1) on a covered loan not later days after the Administrator receives an ap- graph (E), as so redesignated, by striking the than 30 days after the date on which the first plication from such applicant. period at the end and inserting the following: such payment is due. (2) VERIFICATION.—Before disbursing ‘‘: Provided further, That for purposes of sub- (3) APPLICATION OF PAYMENT.—Any pay- amounts under this subsection, the Adminis- paragraph (D), the Administrator shall deem ment made by the Administrator under para- trator shall verify that the applicant is an that such an emergency affects each State or graph (1) shall be applied to the covered loan eligible entity by accepting a self-certifi- subdivision thereof (including counties), and such that the borrower is relieved of the ob- cation from the applicant under penalty of that each State or subdivision has sufficient ligation to pay that amount. perjury pursuant to section 1746 of title 28 economic damage to small business concerns (d) OTHER REQUIREMENTS.—The Adminis- United States Code. to qualify for assistance under this para- trator shall—

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(1) communicate and coordinate with the ‘‘(iii) any debtor that is an affiliate of an (iii) MODIFICATION OF PLAN AFTER CON- Federal Deposit Insurance Corporation, the issuer (as defined in section 3 of the Securi- FIRMATION.—Section 1329 of title 11, United Office of the Comptroller of the Currency, ties Exchange Act of 1934 (15 U.S.C. 78c)).’’. States Code, is amended by striking sub- and State bank regulators to encourage (B) UNCLAIMED PROPERTY.—Section 347(b) section (d). those entities to not require lenders to in- of title 11, United States Code, is amended by (B) EFFECTIVE DATE.—The amendments crease their reserves on account of receiving striking ‘‘1194’’ and inserting ‘‘1191’’. made by subparagraph (A) shall take effect payments made by the Administrator under (5) SUNSET.—On the date that is 1 year on the date that is 1 year after the date of subsection (c); after the date of enactment of this Act, sec- enactment of this Act. (2) waive statutory limits on maximum tion 1182(1) of title 11, United States Code, is SEC. 1114. EMERGENCY RULEMAKING AUTHOR- loan maturities for any covered loan dura- amended to read as follows: ITY. tions where the lender provides a deferral ‘‘(1) DEBTOR.—The term ‘debtor’ means a and extends the maturity of covered loans small business debtor.’’. Not later than 15 days after the date of enactment of this Act, the Administrator shall during the 1-year period following the date of (b) BANKRUPTCY RELIEF.— issue regulations to carry out this title and enactment of this Act; and (1) IN GENERAL.— the amendments made by this title without (3) when necessary to provide more time (A) EXCLUSION FROM CURRENT MONTHLY IN- regard to the notice requirements under sec- because of the potential of higher volumes, COME.—Section 101(10A)(B)(ii) of title 11, travel restrictions, and the inability to ac- United States Code, is amended— tion 553(b) of title 5, United States Code. cess some properties during the COVID–19 (i) in subclause (III), by striking ‘‘; and’’ TITLE II—ASSISTANCE FOR AMERICAN pandemic, extend lender site visit require- and inserting a semicolon; WORKERS, FAMILIES, AND BUSINESSES ments to— (ii) in subclause (IV), by striking the pe- (A) not more than 60 days (which may be riod at the end and inserting ‘‘; and’’; and Subtitle A—Unemployment Insurance extended at the discretion of the Administra- (iii) by adding at the end the following: Provisions tion) after the occurrence of an adverse ‘‘(V) Payments made under Federal law re- SEC. 2101. SHORT TITLE. event, other than a payment default, causing lating to the national emergency declared by This subtitle may be cited as the ‘‘Relief a loan to be classified as in liquidation; and the President under the National Emer- for Workers Affected by Coronavirus Act’’. (B) not more than 90 days after a payment gencies Act (50 U.S.C. 1601 et seq.) with re- default. spect to the coronavirus disease 2019 SEC. 2102. PANDEMIC UNEMPLOYMENT ASSIST- (e) RULE OF CONSTRUCTION.—Nothing in (COVID–19).’’. ANCE. this section may be construed to limit the (B) CONFIRMATION OF PLAN.—Section (a) DEFINITIONS.—In this section: authority of the Administrator to make pay- 1325(b)(2) of title 11, United States Code, is (1) COVID–19.—The term ‘‘COVID-19’’ ments pursuant to subsection (c) with re- amended by inserting ‘‘payments made under means the 2019 Novel Coronavirus or 2019- spect to a covered loan solely because the Federal law relating to the national emer- nCoV. covered loan has been sold in the secondary gency declared by the President under the (2) COVID–19 PUBLIC HEALTH EMERGENCY.— market. National Emergencies Act (50 U.S.C. 1601 et The term ‘‘COVID-19 public health emer- (f) AUTHORIZATION OF APPROPRIATIONS.— seq.) with respect to the coronavirus disease gency’’ means the public health emergency There is authorized to be appropriated to the 2019 (COVID–19),’’ after ‘‘other than’’. declared by the Secretary of Health and Administrator $17,000,000,000 to carry out (C) MODIFICATION OF PLAN AFTER CONFIRMA- Human Services on January 27, 2020, with re- this section. TION.—Section 1329 of title 11, United States spect to the 2019 Novel Coronavirus. SEC. 1113. BANKRUPTCY. Code, is amended by adding at end the fol- (3) COVERED INDIVIDUAL.—The term ‘‘cov- (a) SMALL BUSINESS DEBTOR REORGANIZA- lowing: ered individual’’— TION.— ‘‘(d)(1) Subject to paragraph (3), for a plan (A) means an individual who— (1) IN GENERAL.—Section 1182(1) of title 11, confirmed prior to the date of enactment of (i) is not eligible for regular compensation United States Code, is amended to read as this subsection, the plan may be modified or extended benefits under State or Federal follows: upon the request of the debtor if— law or pandemic emergency unemployment ‘‘(1) DEBTOR.—The term ‘debtor’— ‘‘(A) the debtor is experiencing or has expe- compensation under section 2107, including ‘‘(A) subject to subparagraph (B), means a rienced a material financial hardship due, dian individual who has exhausted all rights to person engaged in commercial or business rectly or indirectly, to the coronavirus dis- regular unemployment or extended benefits activities (including any affiliate of such ease 2019 (COVID–19) pandemic; and under State or Federal law or pandemic person that is also a debtor under this title ‘‘(B) the modification is approved after no- emergency unemployment compensation and excluding a person whose primary activ- tice and a hearing. under section 2107; and ity is the business of owning single asset real ‘‘(2) A plan modified under paragraph (1) (ii) provides self-certification that the in- estate) that has aggregate noncontingent may not provide for payments over a period dividual— liquidated secured and unsecured debts as of that expires more than 7 years after the time (I) is otherwise able to work and available the date of the filing of the petition or the that the first payment under the original for work within the meaning of applicable date of the order for relief in an amount not confirmed plan was due. State law, except the individual is unem- more than $7,500,000 (excluding debts owed to ‘‘(3) Sections 1322(a), 1322(b), 1323(c), and ployed, partially unemployed, or unable or 1 or more affiliates or insiders) not less than the requirements of section 1325(a) shall unavailable to work because— 50 percent of which arose from the commer- apply to any modification under paragraph (aa) the individual has been diagnosed with cial or business activities of the debtor; and (1).’’. COVID–19 or is experiencing symptoms of ‘‘(B) does not include— (D) APPLICABILITY.— COVID–19 and seeking a medical diagnosis; ‘‘(i) any member of a group of affiliated (i) The amendments made by subpara- (bb) a member of the individual’s house- debtors that has aggregate noncontingent graphs (A) and (B) shall apply to any case hold has been diagnosed with COVID–19; liquidated secured and unsecured debts in an commenced before, on, or after the date of (cc) the individual is providing care for a amount greater than $7,500,000 (excluding enactment of this Act. family member or a member of the individ- debt owed to 1 or more affiliates or insiders); (ii) The amendment made by subparagraph ual’s household who has been diagnosed with ‘‘(ii) any debtor that is a corporation sub- (C) shall apply to any case for which a plan COVID–19; ject to the reporting requirements under sec- has been confirmed under section 1325 of title (dd) a child or other person in the house- tion 13 or 15(d) of the Securities Exchange 11, United States Code, before the date of en- hold for which the individual has primary Act of 1934 (15 U.S.C. 78m, 78o(d)); or actment of this Act. caregiving responsibility is unable to attend ‘‘(iii) any debtor that is an affiliate of an (2) SUNSET.— school or another facility that is closed as a issuer, as defined in section 3 of the Securi- (A) IN GENERAL.— direct result of the COVID-19 public health ties Exchange Act of 1934 (15 U.S.C. 78c).’’. (i) EXCLUSION FROM CURRENT MONTHLY IN- emergency and such school or facility care is (2) APPLICABILITY OF CHAPTERS.—Section COME.—Section 101(10A)(B)(ii) of title 11, required for the individual to work; 103(i) of title 11, United States Code, is United States Code, is amended— (ee) the individual is unable to reach the amended by striking ‘‘small business debtor’’ (I) in subclause (III), by striking the semi- place of employment because of a quarantine and inserting ‘‘debtor (as defined in section colon at the end and inserting ‘‘; and’’; imposed as a direct result of the COVID-19 1182)’’. (II) in subclause (IV), by striking ‘‘; and’’ public health emergency; (3) APPLICATION OF AMENDMENT.—The and inserting a period; and (ff) the individual is unable to reach the amendment made by paragraph (1) shall (III) by striking subclause (V). place of employment because the individual apply only with respect to cases commenced (ii) CONFIRMATION OF PLAN.—Section has been advised by a health care provider to under title 11, United States Code, on or 1325(b)(2) of title 11, United States Code, is self-quarantine due to concerns related to after the date of enactment of this Act. amended by striking ‘‘payments made under COVID–19; (4) TECHNICAL CORRECTIONS.— Federal law relating to the national emer- (gg) the individual was scheduled to com- (A) DEFINITION OF SMALL BUSINESS DEBT- gency declared by the President under the mence employment and does not have a job OR.—Section 101(51D)(B)(iii) of title 11, National Emergencies Act (50 U.S.C. 1601 et or is unable to reach the job as a direct re- United States Code, is amended to read as seq.) with respect to the coronavirus disease sult of the COVID-19 public health emer- follows: 2019 (COVID–19),’’. gency;

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(hh) the individual has become the bread- (1) IN GENERAL.—The assistance authorized as may be agreed upon by the Secretary and winner or major support for a household be- under subsection (b) for a week of unemploy- the State agency of the State involved. cause the head of the household has died as ment, partial unemployment, or inability to (g) FUNDING.— a direct result of COVID–19; work shall be— (1) ASSISTANCE.— (ii) the individual has to quit his or her job (A)(i) the weekly benefit amount author- (A) IN GENERAL.—Funds in the extended as a direct result of COVID–19; ized under the unemployment compensation unemployment compensation account (as es- (jj) the individual’s place of employment is law of the State where the covered indi- tablished by section 905(a) of the Social Se- closed as a direct result of the COVID–19 vidual was employed, except that the curity Act (42 U.S.C. 1105(a)) of the Unem- public health emergency; or amount may not be less than the minimum ployment Trust Fund (as established by sec- (kk) the individual meets any additional weekly benefit amount described in section tion 904(a) of such Act (42 U.S.C. 1104(a)) criteria established by the Secretary for un- 625.6 of title 20, Code of Federal Regulations, shall be used to make payments to States employment assistance under this section; or or any successor thereto; and pursuant to subsection (f)(2)(A). (II) is self-employed, is seeking part-time (ii) the amount of Federal Pandemic Un- (B) TRANSFER OF FUNDS.—Notwithstanding employment, does not have sufficient work employment Compensation under section any other provision of law, the Secretary of history, or otherwise would not qualify for 2104; and the Treasury shall transfer from the general regular unemployment or extended benefits (B) in the case of an increase of the weekly fund of the Treasury (from funds not other- under State or Federal law or pandemic benefit amount after the date of enactment wise appropriated) to the extended unem- emergency unemployment compensation of this Act, increased in an amount equal to ployment compensation account such sums under section 2107 and meets the require- such increase. as the Secretary of Labor estimates to be ments of subclause (I); and (2) CALCULATIONS OF AMOUNTS FOR CERTAIN necessary to make payments described in (B) does not include— COVERED INDIVIDUALS.—In the case of a cov- subparagraph (A). There are appropriated (i) an individual who has the ability to ered individual who is self-employed, who from the general fund of the Treasury, with- telework with pay; or lives in a territory described in subsection out fiscal year limitation, the sums referred (ii) an individual who is receiving paid sick (c) or (d) of section 625.6 of title 20, Code of to in the preceding sentence and such sums leave or other paid leave benefits, regardless Federal Regulations, or who would not oth- shall not be required to be repaid. of whether the individual meets a qualifica- erwise qualify for unemployment compensa- (2) ADMINISTRATIVE EXPENSES.— tion described in items (aa) through (kk) of tion under State law, the assistance author- (A) IN GENERAL.—Funds in the employment subparagraph (A)(i)(I). ized under subsection (b) for a week of unem- security administration account (as estab- (4) SECRETARY.—The term ‘‘Secretary’’ ployment shall be calculated in accordance lished by section 901(a) of the Social Secu- means the Secretary of Labor. with section 625.6 of title 20, Code of Federal rity Act (42 U.S.C. 1105(a)) of the Unemploy- Regulations, or any successor thereto, and (5) STATE.—The term ‘‘State’’ includes the ment Trust Fund (as established by section District of Columbia, the Commonwealth of shall be increased by the amount of Federal 904(a) of such Act (42 U.S.C. 1104(a)) shall be Puerto Rico, the Virgin Islands, Guam, Pandemic Unemployment Compensation used to make payments to States pursuant American Samoa, the Commonwealth of the under section 2104. to subsection (f)(2)(B). Northern Mariana Islands, the Federated (3) ALLOWABLE METHODS OF PAYMENT.—Any (B) TRANSFER OF FUNDS.—Notwithstanding States of Micronesia, the Republic of the assistance provided for in accordance with any other provision of law, the Secretary of Marshall Islands, and the Republic of Palau. paragraph (1)(A)(ii) shall be payable either— the Treasury shall transfer from the general (A) as an amount which is paid at the same (b) ASSISTANCE FOR UNEMPLOYMENT AS A fund of the Treasury (from funds not other- time and in the same manner as the assist- RESULT OF COVID-19.—Subject to subsection wise appropriated) to the employment secu- ance provided for in paragraph (1)(A)(i) is (c), the Secretary shall provide to any cov- rity administration account such sums as payable for the week involved; or ered individual unemployment benefit assist- the Secretary of Labor estimates to be nec- (B) at the option of the State, by payments ance while such individual is unemployed, essary to make payments described in sub- which are made separately from, but on the partially unemployed, or unable to work for paragraph (A). There are appropriated from same weekly basis as, any assistance pro- the weeks of such unemployment with re- the general fund of the Treasury, without vided for in paragraph (1)(A)(i). spect to which the individual is not entitled fiscal year limitation, the sums referred to (e) WAIVER OF STATE REQUIREMENT.—Not- to any other unemployment compensation in the preceding sentence and such sums withstanding State law, for purposes of as- shall not be required to be repaid. (as that term is defined in section 85(b) of sistance authorized under this section, com- (3) CERTIFICATIONS.—The Secretary of title 26, United States Code) or waiting pe- pensation under this Act shall be made to an Labor shall from time to time certify to the riod credit. individual otherwise eligible for such com- Secretary of the Treasury for payment to (c) APPLICABILITY.— pensation without any waiting period. each State the sums payable to such State (1) IN GENERAL.—Except as provided in (f) AGREEMENTS WITH STATES.— under paragraphs (1) and (2). paragraph (2), the assistance authorized (1) IN GENERAL.—The Secretary shall pro- (h) RELATIONSHIP BETWEEN PANDEMIC UN- under subsection (b) shall be available to a vide the assistance authorized under sub- EMPLOYMENT ASSISTANCE AND DISASTER UN- covered individual— section (b) through agreements with States EMPLOYMENT ASSISTANCE.—Except as other- (A) for weeks of unemployment, partial un- which, in the judgment of the Secretary, wise provided in this section or to the extent employment, or inability to work caused by have an adequate system for administering there is a conflict between this section and COVID–19— such assistance through existing State agen- section 625 of title 20, Code of Federal Regu- (i) beginning on or after January 27, 2020; cies. lations, such section 625 shall apply to this and (2) PAYMENTS TO STATES.—There shall be section as if— (ii) ending on or before December 31, 2020; paid to each State which has entered into an (1) the term ‘‘COVID–19 public health and agreement under this subsection an amount emergency’’ were substituted for the term (B) subject to subparagraph (A)(ii), as long equal to 100 percent of— ‘‘major disaster’’ each place it appears in as the covered individual’s unemployment, (A) the total amount of assistance provided such section 625; and partial unemployment, or inability to work by the State pursuant to such agreement; (2) the term ‘‘pandemic’’ were substituted caused by COVID–19 continues. and for the term ‘‘disaster’’ each place it appears (2) LIMITATION ON DURATION OF ASSIST- (B) any additional administrative expenses in such section 625. ANCE.—The total number of weeks for which incurred by the State by reason of such SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF a covered individual may receive assistance agreement (as determined by the Secretary), FOR GOVERNMENTAL ENTITIES AND under this section shall not exceed 39 weeks including any administrative expenses nec- NONPROFIT ORGANIZATIONS. and such total shall include any week for essary to facilitate processing of applica- (a) FLEXIBILITY IN PAYING REIMBURSE- which the covered individual received reg- tions for assistance under this section online MENT.—The Secretary of Labor may issue ular compensation or extended benefits or by telephone rather than in-person. clarifying guidance to allow States to inter- under any Federal or State law, except that (3) TERMS OF PAYMENTS.—Sums payable to pret their State unemployment compensa- if after the date of enactment of this Act, any State by reason of such State’s having tion laws in a manner that would provide the duration of extended benefits is ex- an agreement under this subsection shall be maximum flexibility to reimbursing employ- tended, the 39-week period described in this payable, either in advance or by way of reim- ers as it relates to timely payment and as- paragraph shall be extended by the number bursement (as determined by the Secretary), sessment of penalties and interest pursuant of weeks that is equal to the number of in such amounts as the Secretary estimates to such State laws. weeks by which the extended benefits were the State will be entitled to receive under (b) FEDERAL FUNDING.—Section 903 of the extended. this subsection for each calendar month, re- Social Security Act (42 U.S.C. 1103) is amend- (3) ASSISTANCE FOR UNEMPLOYMENT BEFORE duced or increased, as the case may be, by ed by adding at the end the following: DATE OF ENACTMENT.—The Secretary shall es- any amount by which the Secretary finds ‘‘Transfers for Federal Reimbursement of tablish a process for making assistance that his estimates for any prior calendar State Unemployment Funds under this section available for weeks begin- month were greater or less than the amounts ‘‘(i)(1)(A) In addition to any other ning on or after January 27, 2020, and before which should have been paid to the State. amounts, the Secretary of Labor shall pro- the date of enactment of this Act. Such estimates may be made on the basis of vide for the transfer of funds during the ap- (d) AMOUNT OF ASSISTANCE.— such statistical, sampling, or other method plicable period to the accounts of the States

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in the Unemployment Trust Fund, by trans- (c) NONREDUCTION RULE.— law relating to fraud in connection with a fer from amounts reserved for that purpose (1) IN GENERAL.—An agreement under this claim for unemployment compensation; and in the Federal unemployment account, in ac- section shall not apply (or shall cease to (B) shall be subject to prosecution under cordance with the succeeding provisions of apply) with respect to a State upon a deter- section 1001 of title 18, United States Code. this subsection. mination by the Secretary that the method (2) REPAYMENT.—In the case of individuals ‘‘(B) The amount of funds transferred to governing the computation of regular com- who have received amounts of Federal Pan- the account of a State under subparagraph pensation under the State law of that State demic Unemployment Compensation to (A) during the applicable period shall, as de- has been modified in a manner such that the which they were not entitled, the State shall termined by the Secretary of Labor, be equal number of weeks (the maximum benefit enti- require such individuals to repay the to one-half of the amounts of compensation tlement), or the average weekly benefit amounts of such Federal Pandemic Unem- (as defined in section 3306(h) of the Internal amount, of regular compensation which will ployment Compensation to the State agency, Revenue Code of 1986) attributable under the be payable during the period of the agree- except that the State agency may waive State law to service to which section ment (determined disregarding any Federal such repayment if it determines that— 3309(a)(1) of such Code applies that were paid Pandemic Unemployment Compensation) (A) the payment of such Federal Pandemic by the State for weeks of unemployment be- will be less than the number of weeks, or the Unemployment Compensation was without ginning and ending during such period. Such average weekly benefit amount, of the aver- fault on the part of any such individual; and transfers shall be made at such times as the age weekly benefit amount of regular com- (B) such repayment would be contrary to Secretary of Labor considers appropriate. pensation which would otherwise have been ‘‘(C) Notwithstanding any other law, funds equity and good conscience. payable during such period under the State (3) RECOVERY BY STATE AGENCY.— transferred to the account of a State under law, as in effect on January 1, 2020. subparagraph (A) shall be used exclusively to (A) IN GENERAL.—The State agency shall (2) MAXIMUM BENEFIT ENTITLEMENT.—In recover the amount to be repaid, or any part reimburse governmental entities and other paragraph (1), the term ‘‘maximum benefit organizations described in section 3309(a)(2) thereof, by deductions from any Federal entitlement’’ means the amount of regular Pandemic Unemployment Compensation of such Code for amounts paid (in lieu of con- unemployment compensation payable to an tributions) into the State unemployment payable to such individual or from any un- individual with respect to the individual’s fund pursuant to such section. employment compensation payable to such benefit year. ‘‘(D) For purposes of this paragraph, the individual under any State or Federal unem- (d) PAYMENTS TO STATES.— term ‘applicable period’ means the period be- ployment compensation law administered by (1) IN GENERAL.— ginning on March 13, 2020, and ending on De- the State agency or under any other State or (A) FULL REIMBURSEMENT.—There shall be cember 31, 2020. Federal law administered by the State agen- paid to each State which has entered into an ‘‘(2)(A) Notwithstanding any other provi- cy which provides for the payment of any as- agreement under this section an amount sion of law, the Secretary of the Treasury sistance or allowance with respect to any equal to 100 percent of— shall transfer from the general fund of the week of unemployment, during the 3-year pe- (i) the total amount of Federal Pandemic Treasury (from funds not otherwise appro- riod after the date such individuals received Unemployment Compensation paid to indi- priated) to the Federal unemployment ac- the payment of the Federal Pandemic Unem- viduals by the State pursuant to such agree- count such sums as the Secretary of Labor ployment Compensation to which they were ment; and estimates to be necessary for purposes of not entitled, in accordance with the same (ii) any additional administrative expenses making the transfers described in paragraph procedures as apply to the recovery of over- incurred by the State by reason of such (1). payments of regular unemployment benefits agreement (as determined by the Secretary). ‘‘(B) There are appropriated from the gen- paid by the State. eral fund of the Treasury, without fiscal year (B) TERMS OF PAYMENTS.—Sums payable to (B) OPPORTUNITY FOR HEARING.—No repay- any State by reason of such State’s having limitation, the sums referred to in subpara- ment shall be required, and no deduction an agreement under this section shall be graph (A) and such sums shall not be re- shall be made, until a determination has quired to be repaid.’’. payable, either in advance or by way of reim- been made, notice thereof and an oppor- bursement (as determined by the Secretary), SEC. 2104. EMERGENCY INCREASE IN UNEMPLOY- tunity for a fair hearing has been given to MENT COMPENSATION BENEFITS. in such amounts as the Secretary estimates the individual, and the determination has be- (a) FEDERAL-STATE AGREEMENTS.—Any the State will be entitled to receive under come final. State which desires to do so may enter into this section for each calendar month, re- (4) REVIEW.—Any determination by a State and participate in an agreement under this duced or increased, as the case may be, by agency under this section shall be subject to section with the Secretary of Labor (in this any amount by which the Secretary finds review in the same manner and to the same section referred to as the ‘‘Secretary’’). Any that his estimates for any prior calendar extent as determinations under the State un- State which is a party to an agreement month were greater or less than the amounts employment compensation law, and only in under this section may, upon providing 30 which should have been paid to the State. that manner and to that extent. days’ written notice to the Secretary, termi- Such estimates may be made on the basis of (g) APPLICATION TO OTHER UNEMPLOYMENT nate such agreement. such statistical, sampling, or other method BENEFITS.—Each agreement under this sec- (b) PROVISIONS OF AGREEMENT.— as may be agreed upon by the Secretary and tion shall include provisions to provide that (1) FEDERAL PANDEMIC UNEMPLOYMENT COM- the State agency of the State involved. the purposes of the preceding provisions of PENSATION.—Any agreement under this sec- (2) CERTIFICATIONS.—The Secretary shall this section shall be applied with respect to tion shall provide that the State agency of from time to time certify to the Secretary of unemployment benefits described in sub- the State will make payments of regular the Treasury for payment to each State the section (i)(2) to the same extent and in the compensation to individuals in amounts and sums payable to such State under this sec- same manner as if those benefits were reg- to the extent that they would be determined tion. ular compensation. if the State law of the State were applied, (3) APPROPRIATION.—There are appro- (h) DISREGARD OF ADDITIONAL COMPENSA- with respect to any week for which the indi- priated from the general fund of the Treas- TION FOR PURPOSES OF MEDICAID AND CHIP.— vidual is (disregarding this section) other- ury, without fiscal year limitation, such The monthly equivalent of any Federal pan- wise entitled under the State law to receive sums as may be necessary for purposes of demic unemployment compensation paid to regular compensation, as if such State law this subsection. an individual under this section shall be dis- had been modified in a manner such that the (e) APPLICABILITY.—An agreement entered regarded when determining income for any amount of regular compensation (including into under this section shall apply to weeks purpose under the programs established dependents’ allowances) payable for any of unemployment— under titles XIX and title XXI of the Social week shall be equal to— (1) beginning after the date on which such Security Act (42 U.S.C. 1396 et seq., 1397aa et (A) the amount determined under the agreement is entered into; and seq.) . State law (before the application of this (2) ending on or before July 31, 2020. (i) DEFINITIONS.—For purposes of this sec- paragraph), plus (f) FRAUD AND OVERPAYMENTS.— tion— (B) an additional amount of $600 (in this (1) IN GENERAL.—If an individual knowingly (1) the terms ‘‘compensation’’, ‘‘regular section referred to as ‘‘Federal Pandemic has made, or caused to be made by another, compensation’’, ‘‘benefit year’’, ‘‘State’’, Unemployment Compensation’’). a false statement or representation of a ma- ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ (2) ALLOWABLE METHODS OF PAYMENT.—Any terial fact, or knowingly has failed, or have the respective meanings given such Federal Pandemic Unemployment Com- caused another to fail, to disclose a material terms under section 205 of the Federal-State pensation provided for in accordance with fact, and as a result of such false statement Extended Unemployment Compensation Act paragraph (1) shall be payable either— or representation or of such nondisclosure of 1970 (26 U.S.C. 3304 note); and (A) as an amount which is paid at the same such individual has received an amount of (2) any reference to unemployment bene- time and in the same manner as any regular Federal Pandemic Unemployment Com- fits described in this paragraph shall be con- compensation otherwise payable for the pensation to which such individual was not sidered to refer to— week involved; or entitled, such individual— (A) extended compensation (as defined by (B) at the option of the State, by payments (A) shall be ineligible for further Federal section 205 of the Federal-State Extended which are made separately from, but on the Pandemic Unemployment Compensation in Unemployment Compensation Act of 1970); same weekly basis as, any regular compensa- accordance with the provisions of the appli- (B) regular compensation (as defined by tion otherwise payable. cable State unemployment compensation section 85(b) of the Internal Revenue Code of

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TEMPORARY FULL FEDERAL FUNDING the Treasury shall transfer from the general and actively seeking work. OF THE FIRST WEEK OF COMPEN- fund of the Treasury (from funds not other- (3) EXHAUSTION OF BENEFITS.—For purposes SABLE REGULAR UNEMPLOYMENT wise appropriated) to the employment secu- of paragraph (2)(A), an individual shall be FOR STATES WITH NO WAITING rity administration account such sums as deemed to have exhausted such individual’s WEEK. the Secretary of Labor estimates to be nec- rights to regular compensation under a State (a) FEDERAL-STATE AGREEMENTS.—Any essary to make payments described in sub- State which desires to do so may enter into law when— paragraph (A). There are appropriated from and participate in an agreement under this (A) no payments of regular compensation the general fund of the Treasury, without section with the Secretary of Labor (in this can be made under such law because such in- fiscal year limitation, the sums referred to section referred to as the ‘‘Secretary’’). Any dividual has received all regular compensa- in the preceding sentence and such sums State which is a party to an agreement tion available to such individual based on shall not be required to be repaid. under this section may, upon providing 30 employment or wages during such individ- (3) CERTIFICATIONS.—The Secretary shall days’ written notice to the Secretary, termi- ual’s base period; or from time to time certify to the Secretary of nate such agreement. (B) such individual’s rights to such com- the Treasury for payment to each State the (b) REQUIREMENT THAT STATE LAW DOES pensation have been terminated by reason of sums payable to such State under this sec- NOT APPLY A WAITING WEEK.—A State is eli- the expiration of the benefit year with re- tion. gible to enter into an agreement under this spect to which such rights existed. (e) APPLICABILITY.—An agreement entered section if the State law (including a waiver (4) WEEKLY BENEFIT AMOUNT, ETC.—For pur- into under this section shall apply to weeks of State law) provides that compensation is poses of any agreement under this section— of unemployment— paid to individuals for their first week of (A) the amount of pandemic emergency un- (1) beginning after the date on which such regular unemployment without a waiting employment compensation which shall be agreement is entered into; and week. An agreement under this section shall payable to any individual for any week of (2) ending on or before December 31, 2020. not apply (or shall cease to apply) with re- total unemployment shall be equal to— (f) FRAUD AND OVERPAYMENTS.—The provi- spect to a State upon a determination by the (i) the amount of the regular compensation sions of section 2107(e) shall apply with re- Secretary that the State law no longer (including dependents’ allowances) payable spect to compensation paid under an agree- meets the requirement under the preceding to such individual during such individual’s ment under this section to the same extent sentence. benefit year under the State law for a week (c) PAYMENTS TO STATES.— and in the same manner as in the case of of total unemployment; and (1) FULL REIMBURSEMENT.—There shall be pandemic emergency unemployment com- (ii) the amount of Federal Pandemic Un- paid to each State which has entered into an pensation under such section. employment Compensation under section agreement under this section an amount (g) DEFINITIONS.—For purposes of this sec- 2104; equal to 100 percent of— tion, the terms ‘‘regular compensation’’, (B) the terms and conditions of the State (A) the total amount of regular compensa- ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and law which apply to claims for regular com- tion paid to individuals by the State for ‘‘week’’ have the respective meanings given pensation and to the payment thereof (in- their first week of regular unemployment; such terms under section 205 of the Federal- cluding terms and conditions relating to and State Extended Unemployment Compensa- availability for work, active search for work, (B) any additional administrative expenses tion Act of 1970 (26 U.S.C. 3304 note). and refusal to accept work) shall apply to incurred by the State by reason of such SEC. 2106. EMERGENCY STATE STAFFING FLEXI- claims for pandemic emergency unemploy- agreement (as determined by the Secretary). BILITY. ment compensation and the payment there- (2) TERMS OF PAYMENTS.—Sums payable to Section 4102(b) of the Emergency Unem- of, except where otherwise inconsistent with any State by reason of such State’s having ployment Stabilization and Access Act of the provisions of this section or with the reg- an agreement under this section shall be 2020 (contained in division D of the Families ulations or operating instructions of the Sec- payable, either in advance or by way of reim- First Coronavirus Response Act) is amend- retary promulgated to carry out this section; bursement (as determined by the Secretary), ed— (C) the maximum amount of pandemic in such amounts as the Secretary estimates (1) by striking ‘‘or employer experience emergency unemployment compensation the State will be entitled to receive under rating’’ and inserting ‘‘employer experience payable to any individual for whom an pan- this section for each calendar month, re- rating, or, subject to the succeeding sen- demic emergency unemployment compensa- duced or increased, as the case may be, by tence, personnel standards on a merit basis’’; tion account is established under subsection any amount by which the Secretary finds and (b) shall not exceed the amount established that his estimates for any prior calendar (2) by adding at the end the following new in such account for such individual; and month were greater or less than the amounts sentence: ‘‘The emergency flexibility for per- (D) the allowable methods of payment which should have been paid to the State. sonnel standards on a merit basis shall only under section 2104(b)(2) shall apply to pay- Such estimates may be made on the basis of apply through December 31, 2020, and is lim- ments of amounts described in subparagraph such statistical, sampling, or other method ited to engaging of temporary staff, rehiring (A)(ii). as may be agreed upon by the Secretary and of retirees or former employees on a non- (5) COORDINATION RULE.—An agreement the State agency of the State involved. competitive basis, and other temporary ac- under this section shall apply with respect to (d) FUNDING.— tions to quickly process applications and a State only upon a determination by the (1) COMPENSATION.— claims.’’. Secretary that, under the State law or other (A) IN GENERAL.—Funds in the Federal un- SEC. 2107. PANDEMIC EMERGENCY UNEMPLOY- applicable rules of such State, the payment employment account (as established by sec- MENT COMPENSATION. of extended compensation for which an indi- tion 905(g)) of the Unemployment Trust Fund (a) FEDERAL-STATE AGREEMENTS.— vidual is otherwise eligible must be deferred (as established by section 904(a)) shall be (1) IN GENERAL.—Any State which desires until after the payment of any pandemic used to make payments under subsection to do so may enter into and participate in an emergency unemployment compensation (c)(1)(A). agreement under this section with the Sec- under subsection (b) for which the individual (B) TRANSFER OF FUNDS.—Notwithstanding retary of Labor (in this section referred to as is concurrently eligible. any other provision of law, the Secretary of the ‘‘Secretary’’). Any State which is a party (6) NONREDUCTION RULE.— the Treasury shall transfer from the general to an agreement under this section may, (A) IN GENERAL.—An agreement under this fund of the Treasury (from funds not other- upon providing 30 days’ written notice to the section shall not apply (or shall cease to wise appropriated) to the Federal unemploy- Secretary, terminate such agreement. apply) with respect to a State upon a deter- ment account such sums as the Secretary of (2) PROVISIONS OF AGREEMENT.—Any agree- mination by the Secretary that the method Labor estimates to be necessary to make ment under paragraph (1) shall provide that governing the computation of regular com- payments described in subparagraph (A). the State agency of the State will make pay- pensation under the State law of that State There are appropriated from the general fund ments of pandemic emergency unemploy- has been modified in a manner such that the of the Treasury, without fiscal year limita- ment compensation to individuals who— number of weeks (the maximum benefit enti- tion, the sums referred to in the preceding (A) have exhausted all rights to regular tlement), or the average weekly benefit sentence and such sums shall not be required compensation under the State law or under amount, of regular compensation which will to be repaid. Federal law with respect to a benefit year be payable during the period of the agree- (2) ADMINISTRATIVE EXPENSES.— (excluding any benefit year that ended be- ment will be less than the number of weeks, (A) IN GENERAL.—Funds in the employment fore July1, 2019); or the average weekly benefit amount, of the security administration account (as estab- (B) have no rights to regular compensation average weekly benefit amount of regular lished by section 901(a) of the Social Secu- with respect to a week under such law or any compensation which would otherwise have

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Such estimates may be section 1001 of title 18, United States Code. term ‘‘actively seeking work’’ means, with made on the basis of such statistical, sam- (2) REPAYMENT.—In the case of individuals respect to any individual, that such indi- pling, or other method as may be agreed who have received amounts of pandemic vidual— upon by the Secretary and the State agency emergency unemployment compensation (i) is registered for employment services in of the State involved. under this section to which they were not such a manner and to such extent as pre- (d) FINANCING PROVISIONS.— entitled, the State shall require such individ- scribed by the State agency; (1) COMPENSATION.— uals to repay the amounts of such pandemic (ii) has engaged in an active search for em- (A) IN GENERAL.—Funds in the extended emergency unemployment compensation to ployment that is appropriate in light of the unemployment compensation account (as es- the State agency, except that the State employment available in the labor market, tablished by section 905(a) of the Social Se- agency may waive such repayment if it de- the individual’s skills and capabilities, and curity Act (42 U.S.C. 1105(a)) of the Unem- termines that— includes a number of employer contacts that ployment Trust Fund (as established by sec- (A) the payment of such pandemic emer- is consistent with the standards commu- tion 904(a) of such Act (42 U.S.C. 1104(a)) gency unemployment compensation was nicated to the individual by the State; shall be used for the making of payments to without fault on the part of any such indi- (iii) has maintained a record of such work States having agreements entered into under vidual; and search, including employers contacted, this section. (B) such repayment would be contrary to method of contact, and date contacted; and (B) TRANSFER OF FUNDS.—Notwithstanding equity and good conscience. any other provision of law, the Secretary of (iv) when requested, has provided such (3) RECOVERY BY STATE AGENCY.— the Treasury shall transfer from the general work search record to the State agency. (A) IN GENERAL.—The State agency shall fund of the Treasury (from funds not other- (B) FLEXIBILITY.—Notwithstanding the re- recover the amount to be repaid, or any part wise appropriated) to the extended unem- quirements under subparagraph (A) and thereof, by deductions from any pandemic ployment compensation account such sums paragraph (2)(D), a State shall provide flexi- emergency unemployment compensation as the Secretary of Labor estimates to be bility in meeting such requirements in case payable to such individual under this section necessary to make payments described in of individuals unable to search for work be- or from any unemployment compensation subparagraph (A). There are appropriated cause of COVID-19, including because of ill- payable to such individual under any State ness, quarantine, or movement restriction. from the general fund of the Treasury, with- or Federal unemployment compensation law (b) PANDEMIC EMERGENCY UNEMPLOYMENT out fiscal year limitation, the sums referred administered by the State agency or under COMPENSATION ACCOUNT.— to in the preceding sentence and such sums any other State or Federal law administered (1) IN GENERAL.—Any agreement under this shall not be required to be repaid. by the State agency which provides for the section shall provide that the State will es- (2) ADMINISTRATION.— payment of any assistance or allowance with tablish, for each eligible individual who files (A) IN GENERAL.—There are appropriated an application for pandemic emergency un- out of the employment security administra- respect to any week of unemployment, dur- employment compensation, an pandemic tion account (as established by section 901(a) ing the 3-year period after the date such in- emergency unemployment compensation ac- of the Social Security Act (42 U.S.C. 1101(a)) dividuals received the payment of the pan- count with respect to such individual’s ben- of the Unemployment Trust Fund, without demic emergency unemployment compensa- efit year. fiscal year limitation, such funds as may be tion to which they were not entitled, in accordance with the same procedures as apply (2) AMOUNT IN ACCOUNT.—The amount es- necessary for purposes of assisting States (as tablished in an account under subsection (a) provided in title III of the Social Security to the recovery of overpayments of regular shall be equal to 13 times the individual’s av- Act (42 U.S.C. 501 et seq.)) in meeting the unemployment benefits paid by the State. erage weekly benefit amount, which includes costs of administration of agreements under (B) OPPORTUNITY FOR HEARING.—No repay- the amount of Federal Pandemic Unemploy- this section. ment shall be required, and no deduction shall be made, until a determination has ment Compensation under section 2104, for (B) TRANSFER OF FUNDS.—Notwithstanding the benefit year. any other provision of law, the Secretary of been made, notice thereof and an opportunity for a fair hearing has been given to (3) WEEKLY BENEFIT AMOUNT.—For purposes the Treasury shall transfer from the general of this subsection, an individual’s weekly fund of the Treasury (from funds not other- the individual, and the determination has be- benefit amount for any week is the amount wise appropriated) to the employment secu- come final. of regular compensation (including depend- rity administration account such sums as (4) REVIEW.—Any determination by a State ents’ allowances) under the State law pay- the Secretary of Labor estimates to be nec- agency under this section shall be subject to able to such individual for such week for essary to make payments described in sub- review in the same manner and to the same total unemployment plus the amount of Fed- paragraph (A). There are appropriated from extent as determinations under the State un- eral Pandemic Unemployment Compensation the general fund of the Treasury, without employment compensation law, and only in under section 2104. fiscal year limitation, the sums referred to that manner and to that extent. (c) PAYMENTS TO STATES HAVING AGREE- in the preceding sentence and such sums (f) DEFINITIONS.—In this section, the terms MENTS FOR THE PAYMENT OF PANDEMIC EMER- shall not be required to be repaid. ‘‘compensation’’, ‘‘regular compensation’’, GENCY UNEMPLOYMENT COMPENSATION.— (3) CERTIFICATION.—The Secretary shall ‘‘extended compensation’’, ‘‘benefit year’’, (1) IN GENERAL.—There shall be paid to from time to time certify to the Secretary of ‘‘base period’’, ‘‘State’’, ‘‘State agency’’, each State that has entered into an agree- the Treasury for payment to each State the ‘‘State law’’, and ‘‘week’’ have the respective ment under this section an amount equal to sums payable to such State under this sub- meanings given such terms under section 205 100 percent of the pandemic emergency un- section. The Secretary of the Treasury, prior of the Federal-State Extended Unemploy- employment compensation paid to individ- to audit or settlement by the Government ment Compensation Act of 1970 (26 U.S.C. uals by the State pursuant to such agree- Accountability Office, shall make payments 3304 note). ment. to the State in accordance with such certifi- (g) APPLICABILITY.—An agreement entered (2) TREATMENT OF REIMBURSABLE COM- cation, by transfers from the extended unem- into under this section shall apply to weeks PENSATION.—No payment shall be made to ployment compensation account (as so es- of unemployment— any State under this section in respect of tablished) to the account of such State in (1) beginning after the date on which such any compensation to the extent the State is the Unemployment Trust Fund (as so estab- agreement is entered into; and entitled to reimbursement in respect of such lished). (2) ending on or before December 31, 2020. compensation under the provisions of any (e) FRAUD AND OVERPAYMENTS.— SEC. 2108. TEMPORARY FINANCING OF SHORT- Federal law other than this section or chap- (1) IN GENERAL.—If an individual knowingly TIME COMPENSATION PAYMENTS IN ter 85 of title 5, United States Code. A State has made, or caused to be made by another, STATES WITH PROGRAMS IN LAW. shall not be entitled to any reimbursement a false statement or representation of a ma- (a) PAYMENTS TO STATES.— under such chapter 85 in respect of any com- terial fact, or knowingly has failed, or (1) IN GENERAL.—Subject to paragraph (3), pensation to the extent the State is entitled caused another to fail, to disclose a material there shall be paid to a State an amount to reimbursement under this section in re- fact, and as a result of such false statement equal to 100 percent of the amount of short- spect of such compensation. or representation or of such nondisclosure time compensation paid under a short-time (3) DETERMINATION OF AMOUNT.—Sums pay- such individual has received an amount of compensation program (as defined in section able to any State by reason of such State pandemic emergency unemployment com- 3306(v) of the Internal Revenue Code of 1986) having an agreement under this section shall pensation under this section to which such under the provisions of the State law.

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(2) TERMS OF PAYMENTS.—Payments made section may, upon providing 30 days’ written under section 3306(v) of the Internal Revenue to a State under paragraph (1) shall be pay- notice to the Secretary, terminate such Code of 1986, the State— able by way of reimbursement in such agreement. (1) shall not be eligible for payments under amounts as the Secretary estimates the (b) PROVISIONS OF FEDERAL-STATE AGREE- this section for weeks of unemployment be- State will be entitled to receive under this MENT.— ginning after the effective date of such State section for each calendar month, reduced or (1) IN GENERAL.—Any agreement under this law; and increased, as the case may be, by any section shall provide that the State agency (2) subject to section 2108(b)(2), shall be eli- amount by which the Secretary finds that of the State will make payments of short- gible to receive payments under section 2108 the Secretary’s estimates for any prior cal- time compensation under a plan approved by after the effective date of such State law. endar month were greater or less than the the State. Such plan shall provide that pay- (f) DEFINITIONS.—In this section: amounts which should have been paid to the ments are made in accordance with the re- (1) SECRETARY.—The term ‘‘Secretary’’ State. Such estimates may be made on the quirements under section 3306(v) of the Inter- means the Secretary of Labor. basis of such statistical, sampling, or other nal Revenue Code of 1986. (2) STATE; STATE AGENCY; STATE LAW.—The method as may be agreed upon by the Sec- (2) LIMITATIONS ON PLANS.— terms ‘‘State’’, ‘‘State agency’’, and ‘‘State retary and the State agency of the State in- (A) GENERAL PAYMENT LIMITATIONS.—A law’’ have the meanings given those terms in volved. short-time compensation plan approved by a section 205 of the Federal-State Extended (3) LIMITATIONS ON PAYMENTS.— State shall not permit the payment of short- Unemployment Compensation Act of 1970 (26 (A) GENERAL PAYMENT LIMITATIONS.—No time compensation to an individual by the U.S.C. 3304 note). payments shall be made to a State under State during a benefit year in excess of 26 SEC. 2110. GRANTS FOR SHORT-TIME COMPENSA- this section for short-time compensation times the amount of regular compensation TION PROGRAMS. (a) GRANTS.— paid to an individual by the State during a (including dependents’ allowances) under the (1) FOR IMPLEMENTATION OR IMPROVED AD- benefit year in excess of 26 times the amount State law payable to such individual for a MINISTRATION.—The Secretary shall award of regular compensation (including depend- week of total unemployment. grants to States that enact short-time com- ents’ allowances) under the State law pay- (B) EMPLOYER LIMITATIONS.—A short-time pensation programs (as defined in subsection able to such individual for a week of total compensation plan approved by a State shall (i)(2)) for the purpose of implementation or unemployment. not provide payments to an individual if improved administration of such programs. (B) EMPLOYER LIMITATIONS.—No payments such individual is employed by the partici- (2) FOR PROMOTION AND ENROLLMENT.—The shall be made to a State under this section pating employer on a seasonal, temporary, Secretary shall award grants to States that for benefits paid to an individual by the or intermittent basis. are eligible and submit plans for a grant State under a short-time compensation pro- (3) EMPLOYER PAYMENT OF COSTS.—Any under paragraph (1) for such States to program if such individual is employed by the short-time compensation plan entered into mote and enroll employers in short-time participating employer on a seasonal, tem- by an employer must provide that the em- compensation programs (as so defined). porary, or intermittent basis. ployer will pay the State an amount equal to (3) ELIGIBILITY.— (b) APPLICABILITY.—Payments to a State one-half of the amount of short-time com- (A) IN GENERAL.—The Secretary shall de- under subsection (a) shall be available for pensation paid under such plan. Such weeks of unemployment— termine eligibility criteria for the grants amount shall be deposited in the State’s un- under paragraphs (1) and (2). (1) beginning on or after the date of the en- employment fund and shall not be used for actment of this Act; and (B) CLARIFICATION.—A State administering purposes of calculating an employer’s con- a short-time compensation program that (2) ending on or before December 31, 2020. tribution rate under section 3303(a)(1) of the (c) NEW PROGRAMS.—Subject to subsection does not meet the definition of a short-time Internal Revenue Code of 1986. compensation program under section 3306(v) (b)(2), if at any point after the date of the en- (c) PAYMENTS TO STATES.— actment of this Act the State enacts a State of the Internal Revenue Code of 1986, and a (1) IN GENERAL.—There shall be paid to law providing for the payment of short-time State with an agreement under section 2109, each State with an agreement under this sec- shall not be eligible to receive a grant under compensation under a short-time compensation an amount equal to— tion program that meets the definition of this section until such time as the State law (A) one-half of the amount of short-time of the State provides for payments under a such a program under section 3306(v) of the compensation paid to individuals by the Internal Revenue Code of 1986, the State short-time compensation program that State pursuant to such agreement; and shall be eligible for payments under this sec- meets such definition and such law. (B) any additional administrative expenses tion after the effective date of such enact- (b) AMOUNT OF GRANTS.— incurred by the State by reason of such ment. (1) IN GENERAL.—The maximum amount agreement (as determined by the Secretary). (d) FUNDING AND CERTIFICATIONS.— available for making grants to a State under (2) TERMS OF PAYMENTS.—Payments made (1) FUNDING.—There are appropriated, out paragraphs (1) and (2) shall be equal to the of moneys in the Treasury not otherwise ap- to a State under paragraph (1) shall be pay- amount obtained by multiplying $100,000,000 propriated, such sums as may be necessary able by way of reimbursement in such (less the amount used by the Secretary for purposes of carrying out this section. amounts as the Secretary estimates the under subsection (e)) by the same ratio as State will be entitled to receive under this (2) CERTIFICATIONS.—The Secretary shall would apply under subsection (a)(2)(B) of sec- from time to time certify to the Secretary of section for each calendar month, reduced or tion 903 of the Social Security Act (42 U.S.C. the Treasury for payment to each State the increased, as the case may be, by any 1103) for purposes of determining such sums payable to such State under this sec- amount by which the Secretary finds that State’s share of any excess amount (as de- tion. the Secretary’s estimates for any prior cal- scribed in subsection (a)(1) of such section) (e) DEFINITIONS.—In this section: endar month were greater or less than the that would have been subject to transfer to (1) SECRETARY.—The term ‘‘Secretary’’ amounts which should have been paid to the State accounts, as of October 1, 2019, under means the Secretary of Labor. State. Such estimates may be made on the the provisions of subsection (a) of such sec- (2) STATE; STATE AGENCY; STATE LAW.—The basis of such statistical, sampling, or other tion. terms ‘‘State’’, ‘‘State agency’’, and ‘‘State method as may be agreed upon by the Sec- (2) AMOUNT AVAILABLE FOR DIFFERENT law’’ have the meanings given those terms in retary and the State agency of the State in- GRANTS.—Of the maximum incentive pay- section 205 of the Federal-State Extended volved. ment determined under paragraph (1) with Unemployment Compensation Act of 1970 (26 (3) FUNDING.—There are appropriated, out respect to a State— U.S.C. 3304 note). of moneys in the Treasury not otherwise ap- (A) one-third shall be available for a grant (f) TECHNICAL CORRECTION TO DEFINITION.— propriated, such sums as may be necessary under subsection (a)(1); and Section 3306(v)(6) of the Internal Revenue for purposes of carrying out this section. (B) two-thirds shall be available for a grant Code of 1986 (26 U.S.C. 3306) is amended by (4) CERTIFICATIONS.—The Secretary shall under subsection (a)(2). striking ‘‘Workforce Investment Act of 1998’’ from time to time certify to the Secretary of (c) GRANT APPLICATION AND DISBURSAL.— and inserting ‘‘Workforce Innovation and Op- the Treasury for payment to each State the (1) APPLICATION.—Any State seeking a portunity Act’’. sums payable to such State under this sec- grant under paragraph (1) or (2) of subsection SEC. 2109. TEMPORARY FINANCING OF SHORT- tion. (a) shall submit an application to the Sec- TIME COMPENSATION AGREEMENTS. (d) APPLICABILITY.—An agreement entered retary at such time, in such manner, and (a) FEDERAL-STATE AGREEMENTS.— into under this section shall apply to weeks complete with such information as the Sec- (1) IN GENERAL.—Any State which desires of unemployment— retary may require. In no case may the Sec- to do so may enter into, and participate in, (1) beginning on or after the date on which retary award a grant under this section with an agreement under this section with the such agreement is entered into; and respect to an application that is submitted Secretary provided that such State’s law (2) ending on or before December 31, 2020. after December 31, 2023. does not provide for the payment of short- (e) SPECIAL RULE.—If a State has entered (2) NOTICE.—The Secretary shall, within 30 time compensation under a short-time com- into an agreement under this section and days after receiving a complete application, pensation program (as defined in section subsequently enacts a State law providing notify the State agency of the State of the 3306(v) of the Internal Revenue Code of 1986). for the payment of short-time compensation Secretary’s findings with respect to the re- (2) ABILITY TO TERMINATE.—Any State under a short-time compensation program quirements for a grant under paragraph (1) which is a party to an agreement under this that meets the definition of such a program or (2) (or both) of subsection (a).

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(3) CERTIFICATION.—If the Secretary finds Unemployment Compensation Act of 1970 (26 total benefits in this Act, for registration pe- that the State law provisions meet the re- U.S.C. 3304 note). riods beginning on or after April 1, 2020, but quirements for a grant under subsection (a), SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLE- on or before July 31, 2020, a recovery benefit the Secretary shall thereupon make a cer- MENTING PROGRAMS. in the amount of $1,200 shall be payable to a tification to that effect to the Secretary of (a) IN GENERAL.—In order to assist States qualified employee with respect to any reg- the Treasury, together with a certification in establishing, qualifying, and imple- istration period in which the employee re- as to the amount of the grant payment to be menting short-time compensation programs ceived unemployment benefits under para- transferred to the State account in the Un- (as defined in section 3306(v) of the Internal graph (1)(A), and in any registration period employment Trust Fund (as established in Revenue Code of 1986), the Secretary of in which the employee did not receive unem- section 904(a) of the Social Security Act (42 Labor (in this section referred to as the ployment benefits due to the limitation in U.S.C. 1104(a))) pursuant to that finding. The ‘‘Secretary’’) shall— subsection (c)(1)(B) or due to reaching the Secretary of the Treasury shall make the ap- (1) develop model legislative language, or maximum number of days of benefits in the propriate transfer to the State account with- disseminate existing model legislative lan- benefit year beginning July 1, 2019, under in 7 days after receiving such certification. guage, which may be used by States in devel- subsection (c)(1)(A). No recovery benefits (4) REQUIREMENT.—No certification of com- oping and enacting such programs, and peri- shall be payable under this section upon the pliance with the requirements for a grant odically review and revise such model legis- exhaustion of the funds appropriated under under paragraph (1) or (2) of subsection (a) lative language; subparagraph (B) for payment of benefits may be made with respect to any State (2) provide technical assistance and guid- under this subparagraph. whose— ance in developing, enacting, and imple- ‘‘(B) Out of any funds in the Treasury not (A) State law is not otherwise eligible for menting such programs; and otherwise appropriated, there are appro- certification under section 303 of the Social (3) establish reporting requirements for priated $425,000,000 to cover the cost of recov- Security Act (42 U.S.C. 503) or approvable States, including reporting on— ery benefits provided under subparagraph under section 3304 of the Internal Revenue (A) the number of estimated averted lay- (A), to remain available until expended.’’. Code of 1986; or offs; SEC. 2114. EXTENDED UNEMPLOYMENT BENE- (B) short-time compensation program is (B) the number of participating employers FITS UNDER THE RAILROAD UNEM- subject to discontinuation or is not sched- and workers; and PLOYMENT INSURANCE ACT. uled to take effect within 12 months of the (C) such other items as the Secretary of (a) EXTENSION.—Section 2(c)(2)(D)(iii) of certification. Labor determines are appropriate. the Railroad Unemployment Insurance Act (d) USE OF FUNDS.—The amount of any (b) MODEL LANGUAGE AND GUIDANCE.—The (45 U.S.C. 352(c)(2)(D)(iii) is amended— grant awarded under this section shall be model language and guidance developed (1) by striking ‘‘July 1, 2008’’ and inserting used for the implementation of short-time under subsection (a) shall allow sufficient ‘‘July 1, 2019’’; compensation programs and the overall ad- flexibility by States and participating em- (2) by striking ‘‘June 30, 2013’’ and insert- ministration of such programs and the pro- ployers while ensuring accountability and ing ‘‘June 30, 2020’’; and motion and enrollment efforts associated program integrity. (3) by striking ‘‘December 31, 2013’’ and in- with such programs, such as through— (c) CONSULTATION.—In developing the serting ‘‘December 31, 2020’’. (1) the creation or support of rapid re- model legislative language and guidance (b) CLARIFICATION ON AUTHORITY TO USE sponse teams to advise employers about al- under subsection (a), and in order to meet FUNDS.—Funds appropriated under either the ternatives to layoffs; the requirements of subsection (b), the Sec- first or second sentence of clause (iv) of sec- (2) the provision of education or assistance retary shall consult with employers, labor tion 2(c)(2)(D) of the Railroad Unemploy- to employers to enable them to assess the organizations, State workforce agencies, and ment Insurance Act shall be available to feasibility of participating in short-time other program experts. Existing model legis- cover the cost of additional extended unem- compensation programs; and lative language that has been developed ployment benefits provided under such sec- (3) the development or enhancement of sys- through such a consultative process shall be tion 2(c)(2)(D) by reason of the amendments tems to automate— deemed to meet the consultation require- made by subsection (a) as well as to cover (A) the submission and approval of plans; ment of this subsection. the cost of such benefits provided under such and (d) REPEAL.—Section 4104 of the Emer- section 2(c)(2)(D) as in effect on the day be- (B) the filing and approval of new and on- gency Unemployment Stabilization and Ac- fore the date of enactment of this Act. going short-time compensation claims. cess Act of 2020 (contained in division D of SEC. 2115. FUNDING FOR THE DOL OFFICE OF IN- (e) ADMINISTRATION.—The Secretary is au- the Families First Coronavirus Response SPECTOR GENERAL FOR OVERSIGHT thorized to use 0.25 percent of the funds Act) is repealed. OF UNEMPLOYMENT PROVISIONS. available under subsection (g) to provide for SEC. 2112. WAIVER OF THE 7-DAY WAITING PE- There are appropriated, out of moneys in outreach and to share best practices with re- RIOD FOR BENEFITS UNDER THE the Treasury not otherwise appropriated, to spect to this section and short-time com- RAILROAD UNEMPLOYMENT INSUR- the Office of the Inspector General of the De- pensation programs. ANCE ACT. partment of Labor, $25,000,000 to carry out (f) RECOUPMENT.—The Secretary shall es- (a) NO WAITING WEEK.—With respect to any audits, investigations, and other oversight tablish a process under which the Secretary registration period beginning after the date activities authorized under the Inspector shall recoup the amount of any grant award- of enactment of this Act and ending on or be- General Act of 1978 (5 U.S.C. App.) that are ed under paragraph (1) or (2) of subsection (a) fore December 31, 2020, subparagraphs (A)(ii) related to the provisions of, and amendments if the Secretary determines that, during the and (B)(ii) of section 2(a)(1) of the Railroad made by, this subtitle, to remain available 5-year period beginning on the first date that Unemployment Insurance Act (45 U.S.C. without fiscal year limitation. any such grant is awarded to the State, the 352(a)(1)) shall not apply. SEC. 2116. IMPLEMENTATION. State— (b) OPERATING INSTRUCTIONS AND REGULA- (a) NON-APPLICATION OF THE PAPERWORK (1) terminated the State’s short-time com- TIONS.—The Railroad Retirement Board may REDUCTION ACT.—Chapter 35 of title 44, pensation program; or prescribe any operating instructions or regu- United States Code (commonly referred to as (2) failed to meet appropriate requirements lations necessary to carry out this section. the ‘‘Paperwork Reduction Act of 1995’’), with respect to such program (as established (c) FUNDING.—Out of any funds in the shall not apply to the provisions of, and the by the Secretary). Treasury not otherwise appropriated, there amendments made by, this subtitle. UNDING (g) F .—There are appropriated, out are appropriated $50,000,000 to cover the costs (b) OPERATING INSTRUCTIONS OR OTHER of moneys in the Treasury not otherwise ap- of additional benefits payable due to the ap- GUIDANCE.—Notwithstanding any other pro- propriated, to the Secretary, $100,000,000 to plication of subsection (a). Upon the exhaus- vision of law, the Secretary of Labor may carry out this section, to remain available tion of the funds appropriated under this issue any operating instructions or other without fiscal year limitation. subsection, subsection (a) shall no longer guidance necessary to carry out the provi- (h) REPORTING.—The Secretary may estab- apply with respect to any registration period sions of, or the amendments made by, this lish reporting requirements for States re- beginning after the date of exhaustion of subtitle. ceiving a grant under this section in order to funds. provide oversight of grant funds. (d) DEFINITION OF REGISTRATION PERIOD.— Subtitle B—Rebates and Other Individual (i) DEFINITIONS.—In this section: For purposes of this section, the term ‘‘reg- Provisions (1) SECRETARY.—The term ‘‘Secretary’’ istration period’’ has the meaning given such SEC. 2201. 2020 RECOVERY REBATES FOR INDI- means the Secretary of Labor. term under section 1 of the Railroad Unem- VIDUALS. (2) SHORT-TIME COMPENSATION PROGRAM.— ployment Insurance Act (45 U.S.C. 351). (a) IN GENERAL.—Subchapter B of chapter The term ‘‘short-time compensation pro- SEC. 2113. ENHANCED BENEFITS UNDER THE 65 of subtitle F of the Internal Revenue Code gram’’ has the meaning given such term in RAILROAD UNEMPLOYMENT INSUR- of 1986 is amended by inserting after section section 3306(v) of the Internal Revenue Code ANCE ACT. 6427 the following new section: of 1986. Section 2(a) of the Railroad Unemploy- ‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDI- (3) STATE; STATE AGENCY; STATE LAW.—The ment Insurance Act (45 U.S.C. § 352(a)) is VIDUALS. terms ‘‘State’’, ‘‘State agency’’, and ‘‘State amended by adding at the end the following: ‘‘(a) IN GENERAL.—In the case of an eligible law’’ have the meanings given those terms in ‘‘(5)(A) Notwithstanding paragraph (3), sub- individual, there shall be allowed as a credit section 205 of the Federal-State Extended section (c)(1)(B), and any other limitation on against the tax imposed by subtitle A for the

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first taxable year beginning in 2020 an the executive branch of the United States (b) ADMINISTRATIVE AMENDMENTS.— amount equal to the sum of— Government may modify payment informa- (1) DEFINITION OF DEFICIENCY.—Section ‘‘(1) $1,200 ($2,400 in the case of eligible in- tion received from an officer or employee de- 6211(b)(4)(A) of the Internal Revenue Code of dividuals filing a joint return), plus scribed in section 3325(a)(1)(B) of such title 1986 is amended by striking ‘‘and 36B, ‘‘(2) an amount equal to the product of $500 for the purpose of facilitating the accurate 168(k)(4)’’ and inserting ‘‘36B, and 6428’’. multiplied by the number of qualifying chil- and efficient delivery of such payment. Ex- (2) MATHEMATICAL OR CLERICAL ERROR AU- dren (within the meaning of section 24(c)) of cept in cases of fraud or reckless neglect, no THORITY.—Section 6213(g)(2)(L) of such Code the taxpayer. liability under sections 3325, 3527, 3528, or is amended by striking ‘‘or 32’’ and inserting ‘‘(b) TREATMENT OF CREDIT.—The credit al- 3529 of title 31, United States Code, shall be ‘‘32, or 6428’’. lowed by subsection (a) shall be treated as imposed with respect to payments made (c) TREATMENT OF POSSESSIONS.— allowed by subpart C of part IV of sub- under this subparagraph. (1) PAYMENTS TO POSSESSIONS.— chapter A of chapter 1. ‘‘(4) NO INTEREST.—No interest shall be al- (A) MIRROR CODE POSSESSION.—The Sec- ‘‘(c) LIMITATION BASED ON ADJUSTED GROSS lowed on any overpayment attributable to retary of the Treasury shall pay to each pos- INCOME.—The amount of the credit allowed this section. session of the United States which has a mir- by subsection (a) (determined without regard ‘‘(5) ALTERNATE TAXABLE YEAR.—In the ror code tax system amounts equal to the to this subsection and subsection (e)) shall case of an individual who, at the time of any loss (if any) to that possession by reason of be reduced (but not below zero) by 5 percent determination made pursuant to paragraph the amendments made by this section. Such of so much of the taxpayer’s adjusted gross (3), has not filed a tax return for the year de- amounts shall be determined by the Sec- income as exceeds— scribed in paragraph (1), the Secretary may— retary of the Treasury based on information ‘‘(1) $150,000 in the case of a joint return, ‘‘(A) apply such paragraph by substituting provided by the government of the respective ‘‘(2) $112,500 in the case of a head of house- ‘2018’ for ‘2019’, and possession. hold, and ‘‘(B) if the individual has not filed a tax re- (B) OTHER POSSESSIONS.—The Secretary of ‘‘(3) $75,000 in the case of a taxpayer not de- turn for such individual’s first taxable year the Treasury shall pay to each possession of scribed in paragraph (1) or (2). beginning in 2018, use information with re- the United States which does not have a mir- ‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of spect to such individual for calendar year ror code tax system amounts estimated by this section, the term ‘eligible individual’ 2019 provided in— the Secretary of the Treasury as being equal means any individual other than— ‘‘(i) Form SSA-1099, Social Security Ben- to the aggregate benefits (if any) that would ‘‘(1) any nonresident alien individual, efit Statement, or have been provided to residents of such pos- ‘‘(2) any individual with respect to whom a ‘‘(ii) Form RRB-1099, Social Security session by reason of the amendments made deduction under section 151 is allowable to Equivalent Benefit Statement. by this section if a mirror code tax system another taxpayer for a taxable year begin- ‘‘(6) NOTICE TO TAXPAYER.—Not later than had been in effect in such possession. The ning in the calendar year in which the indi- 15 days after the date on which the Secretary preceding sentence shall not apply unless the vidual’s taxable year begins, and distributed any payment to an eligible tax- respective possession has a plan, which has ‘‘(3) an estate or trust. payer pursuant to this subsection, notice been approved by the Secretary of the Treas- ‘‘(e) COORDINATION WITH ADVANCE REFUNDS shall be sent by mail to such taxpayer’s last ury, under which such possession will OF CREDIT.— known address. Such notice shall indicate promptly distribute such payments to its ‘‘(1) IN GENERAL.—The amount of credit the method by which such payment was residents. which would (but for this paragraph) be al- made, the amount of such payment, and a (2) COORDINATION WITH CREDIT ALLOWED lowable under this section shall be reduced phone number for the appropriate point of AGAINST UNITED STATES INCOME TAXES.—No (but not below zero) by the aggregate refunds contact at the Internal Revenue Service to credit shall be allowed against United States and credits made or allowed to the taxpayer report any failure to receive such payment. income taxes under section 6428 of the Inter- under subsection (f). Any failure to so reduce ‘‘(g) IDENTIFICATION NUMBER REQUIRE- nal Revenue Code of 1986 (as added by this the credit shall be treated as arising out of MENT.— section) to any person— a mathematical or clerical error and as- ‘‘(1) IN GENERAL.—No credit shall be al- (A) to whom a credit is allowed against sessed according to section 6213(b)(1). lowed under subsection (a) to an eligible in- taxes imposed by the possession by reason of ‘‘(2) JOINT RETURNS.—In the case of a re- dividual who does not include on the return the amendments made by this section, or fund or credit made or allowed under sub- of tax for the taxable year— (B) who is eligible for a payment under a section (f) with respect to a joint return, half ‘‘(A) such individual’s valid identification plan described in paragraph (1)(B). of such refund or credit shall be treated as number, (3) DEFINITIONS AND SPECIAL RULES.— having been made or allowed to each indi- ‘‘(B) in the case of a joint return, the valid (A) POSSESSION OF THE UNITED STATES.—For vidual filing such return. identification number of such individual’s purposes of this subsection, the term ‘‘pos- ‘‘(f) ADVANCE REFUNDS AND CREDITS.— spouse, and session of the United States’’ includes the ‘‘(1) IN GENERAL.—Subject to paragraph (5), ‘‘(C) in the case of any qualifying child Commonwealth of Puerto Rico and the Com- each individual who was an eligible indi- taken into account under subsection (a)(2), monwealth of the Northern Mariana Islands. vidual for such individual’s first taxable year the valid identification number of such (B) MIRROR CODE TAX SYSTEM.—For pur- beginning in 2019 shall be treated as having qualifying child. poses of this subsection, the term ‘‘mirror made a payment against the tax imposed by ‘‘(2) VALID IDENTIFICATION NUMBER.— code tax system’’ means, with respect to any chapter 1 for such taxable year in an amount ‘‘(A) IN GENERAL.—For purposes of para- possession of the United States, the income equal to the advance refund amount for such graph (1), the term ‘valid identification num- tax system of such possession if the income taxable year. ber’ means a social security number (as such tax liability of the residents of such posses- ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- term is defined in section 24(h)(7)). sion under such system is determined by ref- poses of paragraph (1), the advance refund ‘‘(B) ADOPTION TAXPAYER IDENTIFICATION erence to the income tax laws of the United amount is the amount that would have been NUMBER.—For purposes of paragraph (1)(C), States as if such possession were the United allowed as a credit under this section for in the case of a qualifying child who is States. such taxable year if this section (other than adopted or placed for adoption, the term (C) TREATMENT OF PAYMENTS.—For pur- subsection (e) and this subsection) had ap- ‘valid identification number’ shall include poses of section 1324 of title 31, United States plied to such taxable year. the adoption taxpayer identification number Code, the payments under this subsection ‘‘(3) TIMING AND MANNER OF PAYMENTS.— of such child. shall be treated in the same manner as a re- ‘‘(A) TIMING.—The Secretary shall, subject ‘‘(3) SPECIAL RULE FOR MEMBERS OF THE fund due from a credit provision referred to to the provisions of this title, refund or cred- ARMED FORCES.—Paragraph (1)(B) shall not in subsection (b)(2) of such section. it any overpayment attributable to this sec- apply in the case where at least 1 spouse was (d) EXCEPTION FROM REDUCTION OR OFF- tion as rapidly as possible. No refund or cred- a member of the Armed Forces of the United SET.—Any credit or refund allowed or made it shall be made or allowed under this sub- States at any time during the taxable year to any individual by reason of section 6428 of section after December 31, 2020. and at least 1 spouse satisfies paragraph the Internal Revenue Code of 1986 (as added ‘‘(B) DELIVERY OF PAYMENTS.—Notwith- (1)(A). by this section) or by reason of subsection (c) standing any other provision of law, the Sec- ‘‘(4) MATHEMATICAL OR CLERICAL ERROR AU- of this section shall not be— retary may certify and disburse refunds pay- THORITY.—Any omission of a correct valid (1) subject to reduction or offset pursuant able under this subsection electronically to identification number required under this to section 3716 or 3720A of title 31, United any account to which the payee authorized, subsection shall be treated as a mathe- States Code, on or after January 1, 2018, the delivery of a matical or clerical error for purposes of ap- (2) subject to reduction or offset pursuant refund of taxes under this title or of a Fed- plying section 6213(g)(2) to such omission. to subsection (d), (e), or (f) of section 6402 of eral payment (as defined in section 3332 of ‘‘(h) REGULATIONS.—The Secretary shall the Internal Revenue Code of 1986, or title 31, United States Code). prescribe such regulations or other guidance (3) reduced or offset by other assessed Fed- ‘‘(C) WAIVER OF CERTAIN RULES.—Notwith- as may be necessary to carry out the pur- eral taxes that would otherwise be subject to standing section 3325 of title 31, United poses of this section, including any such levy or collection. States Code, or any other provision of law, measures as are deemed appropriate to avoid (e) PUBLIC AWARENESS CAMPAIGN.—The with respect to any payment of a refund allowing multiple credits or rebates to a tax- Secretary of the Treasury (or the Secretary’s under this subsection, a disbursing official in payer.’’. delegate) shall conduct a public awareness

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2080 CONGRESSIONAL RECORD — SENATE March 25, 2020 campaign, in coordination with the Commis- out regard to subparagraph (A)) be a ated by the individual due to such virus or sioner of Social Security and the heads of coronavirus-related distribution, a plan shall disease, or other factors as determined by other relevant Federal agencies, to provide not be treated as violating any requirement the Secretary of the Treasury (or the Sec- information regarding the availability of the of the Internal Revenue Code of 1986 merely retary’s delegate). credit and rebate allowed under section 6428 because the plan treats such distribution as (B) EMPLOYEE CERTIFICATION.—The admin- of the Internal Revenue Code of 1986 (as a coronavirus-related distribution, unless istrator of an eligible retirement plan may added by this section), including information the aggregate amount of such distributions rely on an employee’s certification that the with respect to individuals who may not from all plans maintained by the employer employee satisfies the conditions of subpara- have filed a tax return for taxable year 2018 (and any member of any controlled group graph (A)(ii) in determining whether any dis- or 2019. which includes the employer) to such indi- tribution is a coronavirus-related distribu- (f) APPROPRIATIONS TO CARRY OUT RE- vidual exceeds $100,000. tion. BATES.— (C) CONTROLLED GROUP.—For purposes of (C) ELIGIBLE RETIREMENT PLAN.—The term (1) IN GENERAL.—Immediately upon the en- subparagraph (B), the term ‘‘controlled ‘‘eligible retirement plan’’ has the meaning actment of this Act, the following sums are group’’ means any group treated as a single given such term by section 402(c)(8)(B) of the appropriated, out of any money in the Treas- employer under subsection (b), (c), (m), or (o) Internal Revenue Code of 1986. ury not otherwise appropriated, for the fiscal of section 414 of the Internal Revenue Code (5) INCOME INCLUSION SPREAD OVER 3-YEAR year ending September 30, 2020: of 1986. PERIOD.— (A) DEPARTMENT OF THE TREASURY.— (3) AMOUNT DISTRIBUTED MAY BE REPAID.— (A) IN GENERAL.—In the case of any (i) For an additional amount for ‘‘Depart- (A) IN GENERAL.—Any individual who re- coronavirus-related distribution, unless the ment of the Treasury—Bureau of the Fiscal ceives a coronavirus-related distribution taxpayer elects not to have this paragraph Service—Salaries and Expenses’’, $78,650,000, may, at any time during the 3-year period apply for any taxable year, any amount re- to remain available until September 30, 2021. beginning on the day after the date on which quired to be included in gross income for (ii) For an additional amount for ‘‘Depart- such distribution was received, make 1 or such taxable year shall be so included rat- ment of the Treasury—Internal Revenue more contributions in an aggregate amount Service—Taxpayer Services’’, $293,500,000, to not to exceed the amount of such distribu- ably over the 3-taxable-year period begin- remain available until September 30, 2021. tion to an eligible retirement plan of which ning with such taxable year. (iii) For an additional amount for ‘‘Depart- such individual is a beneficiary and to which (B) SPECIAL RULE.—For purposes of sub- ment of the Treasury—Internal Revenue a rollover contribution of such distribution paragraph (A), rules similar to the rules of Service—Operations Support’’, $170,000,000, could be made under section 402(c), 403(a)(4), subparagraph (E) of section 408A(d)(3) of the to remain available until September 30, 2021. 403(b)(8), 408(d)(3), or 457(e)(16), of the Inter- Internal Revenue Code of 1986 shall apply. (iv) For an additional amount for ‘‘Depart- nal Revenue Code of 1986, as the case may be. (6) SPECIAL RULES.— ment of Treasury—Internal Revenue Serv- (B) TREATMENT OF REPAYMENTS OF DIS- (A) EXEMPTION OF DISTRIBUTIONS FROM ice—Enforcement’’, $37,200,000, to remain TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS TRUSTEE TO TRUSTEE TRANSFER AND WITH- available until September 30, 2021. OTHER THAN IRAS.—For purposes of the Inter- HOLDING RULES.—For purposes of sections Amounts made available in appropriations nal Revenue Code of 1986, if a contribution is 401(a)(31), 402(f), and 3405 of the Internal Rev- under clauses (ii), (iii), and (iv) of this sub- made pursuant to subparagraph (A) with re- enue Code of 1986, coronavirus-related dis- paragraph may be transferred between such spect to a coronavirus-related distribution tributions shall not be treated as eligible appropriations upon the advance notification from an eligible retirement plan other than rollover distributions. of the Committees on Appropriations of the an individual retirement plan, then the tax- (B) CORONAVIRUS-RELATED DISTRIBUTIONS House of Representatives and the Senate. payer shall, to the extent of the amount of TREATED AS MEETING PLAN DISTRIBUTION RE- Such transfer authority is in addition to any the contribution, be treated as having re- QUIREMENTS.—For purposes of the Internal other transfer authority provided by law. ceived the coronavirus-related distribution Revenue Code of 1986, a coronavirus-related (B) SOCIAL SECURITY ADMINISTRATION.—For in an eligible rollover distribution (as de- distribution shall be treated as meeting the an additional amount for ‘‘Social Security fined in section 402(c)(4) of such Code) and as requirements of sections 401(k)(2)(B)(i), Administration—Limitation on Administra- having transferred the amount to the eligi- 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of tive Expenses’’, $38,000,000, to remain avail- ble retirement plan in a direct trustee to such Code and section 8433(h)(1) of title 5, able until September 30, 2021. trustee transfer within 60 days of the dis- United States Code. (2) REPORTS.—No later than 15 days after tribution. (b) LOANS FROM QUALIFIED PLANS.— enactment of this Act, the Secretary of the (C) TREATMENT OF REPAYMENTS OF DIS- (1) INCREASE IN LIMIT ON LOANS NOT TREAT- Treasury shall submit a plan to the Commit- TRIBUTIONS FROM IRAS.—For purposes of the tees on Appropriations of the House of Rep- Internal Revenue Code of 1986, if a contribu- ED AS DISTRIBUTIONS.—In the case of any loan resentatives and the Senate detailing the ex- tion is made pursuant to subparagraph (A) from a qualified employer plan (as defined pected use of the funds provided by para- with respect to a coronavirus-related dis- under section 72(p)(4) of the Internal Rev- graph (1)(A). Beginning 90 days after enact- tribution from an individual retirement plan enue Code of 1986) to a qualified individual ment of this Act, the Secretary of the Treas- (as defined by section 7701(a)(37) of such made during the 180-day period beginning on ury shall submit a quarterly report to the Code), then, to the extent of the amount of the date of the enactment of this Act— Committees on Appropriations of the House the contribution, the coronavirus-related (A) clause (i) of section 72(p)(2)(A) of such of Representatives and the Senate detailing distribution shall be treated as a distribu- Code shall be applied by substituting the actual expenditure of funds provided by tion described in section 408(d)(3) of such ‘‘$100,000’’ for ‘‘$50,000’’, and paragraph (1)(A) and the expected expendi- Code and as having been transferred to the (B) clause (ii) of such section shall be ap- ture of such funds in the subsequent quarter. eligible retirement plan in a direct trustee plied by substituting ‘‘the present value of (g) CONFORMING AMENDMENTS.— to trustee transfer within 60 days of the dis- the nonforfeitable accrued benefit of the em- (1) Paragraph (2) of section 1324(b) of title tribution. ployee under the plan’’ for ‘‘one-half of the 31, United States Code, is amended by insert- (4) DEFINITIONS.—For purposes of this sub- present value of the nonforfeitable accrued ing ‘‘6428,’’ after ‘‘54B(h),’’. section— benefit of the employee under the plan’’. (2) The table of sections for subchapter B (A) CORONAVIRUS-RELATED DISTRIBUTION.— (2) DELAY OF REPAYMENT.—In the case of a of chapter 65 of subtitle F of the Internal Except as provided in paragraph (2), the term qualified individual with an outstanding loan Revenue Code of 1986 is amended by inserting ‘‘coronavirus-related distribution’’ means (on or after the date of the enactment of this after the item relating to section 6427 the any distribution from an eligible retirement Act) from a qualified employer plan (as de- following: plan made— fined in section 72(p)(4) of the Internal Rev- ‘‘Sec. 6428. 2020 Recovery Rebates for indi- (i) on or after January 1, 2020, and before enue Code of 1986)— viduals.’’. December 31, 2020, (A) if the due date pursuant to subpara- SEC. 2202. SPECIAL RULES FOR USE OF RETIRE- (ii) to an individual— graph (B) or (C) of section 72(p)(2) of such MENT FUNDS. (I) who is diagnosed with the virus SARS- Code for any repayment with respect to such (a) TAX-FAVORED WITHDRAWALS FROM RE- CoV-2 or with coronavirus disease 2019 loan occurs during the period beginning on TIREMENT PLANS.— (COVID-19) by a test approved by the Centers the date of the enactment of this Act and (1) IN GENERAL.—Section 72(t) of the Inter- for Disease Control and Prevention, ending on December 31, 2020, such due date nal Revenue Code of 1986 shall not apply to (II) whose spouse or dependent (as defined shall be delayed for 1 year, any coronavirus-related distribution. in section 152 of the Internal Revenue Code (B) any subsequent repayments with re- (2) AGGREGATE DOLLAR LIMITATION.— of 1986) is diagnosed with such virus or dis- spect to any such loan shall be appropriately (A) IN GENERAL.—For purposes of this sub- ease by such a test, or adjusted to reflect the delay in the due date section, the aggregate amount of distribu- (III) who experiences adverse financial con- under subparagraph (A) and any interest actions received by an individual which may be sequences as a result of being quarantined, cruing during such delay, and treated as coronavirus-related distributions being furloughed or laid off or having work (C) in determining the 5-year period and for any taxable year shall not exceed hours reduced due to such virus or disease, the term of a loan under subparagraph (B) or $100,000. being unable to work due to lack of child (C) of section 72(p)(2) of such Code, the period (B) TREATMENT OF PLAN DISTRIBUTIONS.—If care due to such virus or disease, closing or described in subparagraph (A) of this para- a distribution to an individual would (with- reducing hours of a business owned or oper- graph shall be disregarded.

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(3) QUALIFIED INDIVIDUAL.—For purposes of ‘‘(II) such distribution not having been ‘‘(C) which is— this subsection, the term ‘‘qualified indi- made before January 1, 2020. ‘‘(i) made to an organization described in vidual’’ means any individual who is de- ‘‘(iii) SPECIAL RULES REGARDING WAIVER PE- section 170(b)(1)(A), and scribed in subsection (a)(4)(A)(ii). RIOD.—For purposes of this paragraph— ‘‘(ii) not— (c) PROVISIONS RELATING TO PLAN AMEND- ‘‘(I) the required beginning date with re- ‘‘(I) to an organization described in section MENTS.— spect to any individual shall be determined 509(a)(3), or (1) IN GENERAL.—If this subsection applies without regard to this subparagraph for pur- ‘‘(II) for the establishment of a new, or to any amendment to any plan or annuity poses of applying this paragraph for calendar maintenance of an existing, donor advised contract— years after 2020, and fund (as defined in section 4966(d)(2)). (A) such plan or contract shall be treated ‘‘(II) if clause (ii) of subparagraph (B) ap- Such term shall not include any amount as being operated in accordance with the plies, the 5-year period described in such which is treated as a charitable contribution terms of the plan during the period described clause shall be determined without regard to made in such taxable year by reason of sub- in paragraph (2)(B)(i), and calendar year 2020.’’. section (b)(1)(G)(ii) or (d)(1) of section 170.’’. (B) except as provided by the Secretary of (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.— (c) EFFECTIVE DATE.—The amendments the Treasury (or the Secretary’s delegate), Section 402(c)(4) of the Internal Revenue made by this section shall apply to taxable such plan or contract shall not fail to meet Code of 1986 is amended by striking ‘‘2009’’ years beginning after December 31, 2019. the requirements of section 411(d)(6) of the each place it appears in the last sentence and SEC. 2205. MODIFICATION OF LIMITATIONS ON Internal Revenue Code of 1986 and section inserting ‘‘2020’’. CHARITABLE CONTRIBUTIONS DUR- 204(g) of the Employee Retirement Income (c) EFFECTIVE DATES.— ING 2020. Security Act of 1974 by reason of such (1) IN GENERAL.—The amendments made by (a) TEMPORARY SUSPENSION OF LIMITATIONS amendment. this section shall apply for calendar years ON CERTAIN CASH CONTRIBUTIONS.— (2) AMENDMENTS TO WHICH SUBSECTION AP- beginning after December 31, 2019. (1) IN GENERAL.—Except as otherwise pro- PLIES.— (2) PROVISIONS RELATING TO PLAN OR CON- vided in paragraph (2), qualified contribu- (A) IN GENERAL.—This subsection shall TRACT AMENDMENTS.— tions shall be disregarded in applying sub- apply to any amendment to any plan or an- (A) IN GENERAL.—If this paragraph applies sections (b) and (d) of section 170 of the In- nuity contract which is made— to any plan or contract amendment— ternal Revenue Code of 1986. (i) pursuant to any provision of this sec- (i) such plan or contract shall not fail to be (2) TREATMENT OF EXCESS CONTRIBUTIONS.— tion, or pursuant to any regulation issued by treated as being operated in accordance with For purposes of section 170 of the Internal the Secretary of the Treasury or the Sec- the terms of the plan during the period de- Revenue Code of 1986— retary of Labor (or the delegate of either scribed in subparagraph (B)(ii) solely because (A) INDIVIDUALS.—In the case of an indi- such Secretary) under any provision of this the plan operates in accordance with this vidual— section, and section, and (i) LIMITATION.—Any qualified contribution shall be allowed as a deduction only to the (ii) on or before the last day of the first (ii) except as provided by the Secretary of extent that the aggregate of such contribu- plan year beginning on or after January 1, the Treasury (or the Secretary’s delegate), tions does not exceed the excess of the tax- 2022, or such later date as the Secretary of such plan or contract shall not fail to meet payer’s contribution base (as defined in sub- the Treasury (or the Secretary’s delegate) the requirements of section 411(d)(6) of the paragraph (H) of section 170(b)(1) of such may prescribe. Internal Revenue Code of 1986 and section Code) over the amount of all other charitable In the case of a governmental plan (as de- 204(g) of the Employee Retirement Income contributions allowed under section 170(b)(1) fined in section 414(d) of the Internal Rev- Security Act of 1974 by reason of such of such Code. enue Code of 1986), clause (ii) shall be applied amendment. (ii) CARRYOVER.—If the aggregate amount by substituting the date which is 2 years (B) AMENDMENTS TO WHICH PARAGRAPH AP- of qualified contributions made in the con- after the date otherwise applied under clause PLIES.— tribution year (within the meaning of sec- (ii). (i) IN GENERAL.—This paragraph shall apply tion 170(d)(1) of such Code) exceeds the limi- (B) CONDITIONS.—This subsection shall not to any amendment to any plan or annuity tation of clause (i), such excess shall be apply to any amendment unless— contract which— added to the excess described in section (i) during the period— (I) is made pursuant to the amendments 170(b)(1)(G)(ii). (I) beginning on the date that this section made by this section, and (B) CORPORATIONS.—In the case of a cor- or the regulation described in subparagraph (II) is made on or before the last day of the poration— (A)(i) takes effect (or in the case of a plan or first plan year beginning on or after January (i) LIMITATION.—Any qualified contribution contract amendment not required by this 1, 2022. shall be allowed as a deduction only to the section or such regulation, the effective date In the case of a governmental plan, sub- extent that the aggregate of such contribu- specified by the plan), and clause (II) shall be applied by substituting tions does not exceed the excess of 25 percent (II) ending on the date described in sub- ‘‘2024’’ for ‘‘2022’’. of the taxpayer’s taxable income (as deter- paragraph (A)(ii) (or, if earlier, the date the (ii) CONDITIONS.—This paragraph shall not mined under paragraph (2) of section 170(b) of plan or contract amendment is adopted), apply to any amendment unless during the such Code) over the amount of all other the plan or contract is operated as if such period beginning on the effective date of the charitable contributions allowed under such plan or contract amendment were in effect, amendment and ending on December 31, 2020, paragraph. and the plan or contract is operated as if such (ii) CARRYOVER.—If the aggregate amount (ii) such plan or contract amendment ap- plan or contract amendment were in effect. plies retroactively for such period. of qualified contributions made in the con- SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE tribution year (within the meaning of sec- SEC. 2203. TEMPORARY WAIVER OF REQUIRED LINE DEDUCTION FOR CHARITABLE MINIMUM DISTRIBUTION RULES CONTRIBUTIONS. tion 170(d)(2) of such Code) exceeds the limi- FOR CERTAIN RETIREMENT PLANS (a) IN GENERAL.—Section 62(a) of the Inter- tation of clause (i), such excess shall be ap- AND ACCOUNTS. nal Revenue Code of 1986 is amended by in- propriately taken into account under section (a) IN GENERAL.—Section 401(a)(9) of the In- serting after paragraph (21) the following 170(d)(2) subject to the limitations thereof. ternal Revenue Code of 1986 is amended by new paragraph: (3) QUALIFIED CONTRIBUTIONS.— adding at the end the following new subpara- ‘‘(22) CHARITABLE CONTRIBUTIONS.—In the (A) IN GENERAL.—For purposes of this sub- graph: case of taxable years beginning in 2020, the section, the term ‘‘qualified contribution’’ ‘‘(I) TEMPORARY WAIVER OF MINIMUM RE- amount (not to exceed $300) of qualified char- means any charitable contribution (as de- QUIRED DISTRIBUTION.— itable contributions made by an eligible in- fined in section 170(c) of the Internal Rev- ‘‘(i) IN GENERAL.—The requirements of this dividual during the taxable year.’’. enue Code of 1986) if— paragraph shall not apply for calendar year (b) DEFINITIONS.—Section 62 of such Code is (i) such contribution is paid in cash during 2020 to— amended by adding at the end the following calendar year 2020 to an organization de- ‘‘(I) a defined contribution plan which is new subsection: scribed in section 170(b)(1)(A) of such Code, described in this subsection or in section ‘‘(f) DEFINITIONS RELATING TO QUALIFIED and 403(a) or 403(b), CHARITABLE CONTRIBUTIONS.—For purposes of (ii) the taxpayer has elected the applica- ‘‘(II) a defined contribution plan which is subsection (a)(22)— tion of this section with respect to such con- an eligible deferred compensation plan de- ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligi- tribution. scribed in section 457(b) but only if such plan ble individual’ means any individual who (B) EXCEPTION.—Such term shall not in- is maintained by an employer described in does not elect to itemize deductions. clude a contribution by a donor if the con- section 457(e)(1)(A), or ‘‘(2) QUALIFIED CHARITABLE CONTRIBU- tribution is— ‘‘(III) an individual retirement plan. TIONS.—The term ‘qualified charitable con- (i) to an organization described in section ‘‘(ii) SPECIAL RULE FOR REQUIRED BEGINNING tribution’ means a charitable contribution 509(a)(3) of the Internal Revenue Code of 1986, DATES IN 2020.—Clause (i) shall apply to any (as defined in section 170(c))— or distribution which is required to be made in ‘‘(A) which is made in cash, (ii) for the establishment of a new, or calendar year 2020 by reason of— ‘‘(B) for which a deduction is allowable maintenance of an existing, donor advised ‘‘(I) a required beginning date occurring in under section 170 (determined without regard fund (as defined in section 4966(d)(2) of such such calendar year, and to subsection (b) thereof), and Code).

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(C) APPLICATION OF ELECTION TO PARTNER- under this paragraph shall be treated in the (B) LIMITATION.—Qualified wages paid or SHIPS AND S CORPORATIONS.—In the case of a same manner as a refund due from a credit incurred by an eligible employer described in partnership or S corporation, the election provision referred to in subsection (b)(2) of subparagraph (A)(i) with respect to an em- under subparagraph (A)(ii) shall be made sep- such section. ployee for any period described in such sub- arately by each partner or shareholder. (c) DEFINITIONS.—For purposes of this sec- paragraph may not exceed the amount such (b) INCREASE IN LIMITS ON CONTRIBUTIONS tion— employee would have been paid for working OF FOOD INVENTORY.—In the case of any (1) APPLICABLE EMPLOYMENT TAXES.—The an equivalent duration during the 30 days charitable contribution of food during 2020 to term ‘‘applicable employment taxes’’ means immediately preceding such period. which section 170(e)(3)(C) of the Internal the following: (C) ALLOWANCE FOR CERTAIN HEALTH PLAN Revenue Code of 1986 applies, subclauses (I) (A) The taxes imposed under section 3111(a) EXPENSES.— and (II) of clause (ii) thereof shall each be of the Internal Revenue Code of 1986. (i) IN GENERAL.—The term ‘‘qualified applied by substituting ‘‘25 percent’’ for ‘‘15 (B) So much of the taxes imposed under wages’’ shall include so much of the eligible percent.’’ section 3221(a) of such Code as are attrib- employer’s qualified health plan expenses as (c) EFFECTIVE DATE.—This section shall utable to the rate in effect under section are properly allocable to such wages. apply to taxable years ending after Decem- 3111(a) of such Code. (ii) QUALIFIED HEALTH PLAN EXPENSES.—For ber 31, 2019. (2) ELIGIBLE EMPLOYER.— purposes of this paragraph, the term ‘‘quali- N GENERAL SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER (A) I .—The term ‘‘eligible em- fied health plan expenses’’ means amounts PAYMENTS OF STUDENT LOANS. ployer’’ means any employer— paid or incurred by the eligible employer to (a) IN GENERAL.—Paragraph (1) of section (i) which was carrying on a trade or busi- provide and maintain a group health plan (as 127(c) of the Internal Revenue Code of 1986 is ness during calendar year 2020, and defined in section 5000(b)(1) of the Internal amended by striking ‘‘and’’ at the end of sub- (ii) with respect to any calendar quarter, Revenue Code of 1986), but only to the extent paragraph (A), by redesignating subpara- for which— that such amounts are excluded from the graph (B) as subparagraph (C), and by insert- (I) the operation of the trade or business gross income of employees by reason of sec- ing after subparagraph (A) the following new described in clause (i) is fully or partially tion 106(a) of such Code. suspended during the calendar quarter due to subparagraph: (iii) ALLOCATION RULES.—For purposes of orders from an appropriate governmental au- ‘‘(B) in the case of payments made before this paragraph, qualified health plan ex- thority limiting commerce, travel, or group January 1, 2021, the payment by an em- penses shall be allocated to qualified wages meetings (for commercial, social, religious, ployer, whether paid to the employee or to a in such manner as the Secretary may pre- or other purposes) due to the coronavirus lender, of principal or interest on any quali- scribe. Except as otherwise provided by the disease 2019 (COVID-19), or fied education loan (as defined in section Secretary, such allocation shall be treated as (II) such calendar quarter is within the pe- 221(d)(1)) incurred by the employee for edu- properly made if made on the basis of being riod described in subparagraph (B). cation of the employee, and’’. pro rata among employees and pro rata on (B) SIGNIFICANT DECLINE IN GROSS RE- (b) CONFORMING AMENDMENT; DENIAL OF the basis of periods of coverage (relative to CEIPTS.—The period described in this sub- DOUBLE BENEFIT.—The first sentence of para- the periods to which such wages relate). paragraph is the period— graph (1) of section 221(e) of the Internal (4) SECRETARY.—The term ‘‘Secretary’’ (i) beginning with the first calendar quar- Revenue Code of 1986 is amended by inserting means the Secretary of the Treasury or the ter beginning after December 31, 2019, for Secretary’s delegate. before the period the following: ‘‘, or for which gross receipts (within the meaning of which an exclusion is allowable under sec- section 448(c) of the Internal Revenue Code (5) WAGES.—The term ‘‘wages’’ means tion 127 to the taxpayer by reason of the pay- of 1986) for the calendar quarter are less than wages (as defined in section 3121(a) of the In- ment by the taxpayer’s employer of any in- 50 percent of gross receipts for the same cal- ternal Revenue Code of 1986) and compensa- debtedness on a qualified education loan of endar quarter in the prior year, and tion (as defined in section 3231(e) of such the taxpayer’’. (ii) ending with the calendar quarter fol- Code). (c) EFFECTIVE DATE.—The amendments lowing the first calendar quarter beginning (6) OTHER TERMS.—Any term used in this made by this section shall apply to payments after a calendar quarter described in clause section which is also used in chapter 21 or 22 made after the date of the enactment of this (i) for which gross receipts of such employer of the Internal Revenue Code of 1986 shall Act. are greater than 80 percent of gross receipts have the same meaning as when used in such Subtitle C—Business Provisions for the same calendar quarter in the prior chapter. year. (d) AGGREGATION RULE.—All persons treat- SEC. 2301. EMPLOYEE RETENTION CREDIT FOR ed as a single employer under subsection (a) EMPLOYERS SUBJECT TO CLOSURE (C) TAX-EXEMPT ORGANIZATIONS.—In the DUE TO COVID-19. case of an organization which is described in or (b) of section 52 of the Internal Revenue Code of 1986, or subsection (m) or (o) of sec- (a) IN GENERAL.—In the case of an eligible section 501(c) of the Internal Revenue Code employer, there shall be allowed as a credit of 1986 and exempt from tax under section tion 414 of such Code, shall be treated as one employer for purposes of this section. against applicable employment taxes for 501(a) of such Code, clauses (i) and (ii)(I) of (e) CERTAIN RULES TO APPLY.—For pur- subparagraph (A) shall apply to all oper- each calendar quarter an amount equal to 50 poses of this section, rules similar to the ations of such organization. percent of the qualified wages with respect rules of sections 51(i)(1) and 280C(a) of the In- UALIFIED WAGES.— to each employee of such employer for such (3) Q ternal Revenue Code of 1986 shall apply. calendar quarter. (A) IN GENERAL.—The term ‘‘qualified (f) CERTAIN GOVERNMENTAL EMPLOYERS.— (b) LIMITATIONS AND REFUNDABILITY.— wages’’ means— This credit shall not apply to the Govern- (1) WAGES TAKEN INTO ACCOUNT.—The (i) in the case of an eligible employer for ment of the United States, the government amount of qualified wages with respect to which the average number of full-time em- of any State or political subdivision thereof, any employee which may be taken into ac- ployees (within the meaning of section 4980H or any agency or instrumentality of any of count under subsection (a) by the eligible of the Internal Revenue Code of 1986) em- the foregoing. employer for all calendar quarters shall not ployed by such eligible employer during 2019 (g) ELECTION NOT TO HAVE SECTION exceed $10,000. was greater than 100, wages paid by such eli- APPLY.—This section shall not apply with re- (2) CREDIT LIMITED TO EMPLOYMENT gible employer with respect to which an em- spect to any eligible employer for any cal- TAXES.—The credit allowed by subsection (a) ployee is not providing services due to cir- endar quarter if such employer elects (at with respect to any calendar quarter shall cumstances described in subclause (I) or (II) such time and in such manner as the Sec- not exceed the applicable employment taxes of paragraph (2)(A)(ii), or retary may prescribe) not to have this sec- (reduced by any credits allowed under sub- (ii) in the case of an eligible employer for tion apply. sections (e) and (f) of section 3111 of the In- which the average number of full-time em- (h) SPECIAL RULES.— ternal Revenue Code of 1986 and sections 7001 ployees (within the meaning of section 4980H (1) EMPLOYEE NOT TAKEN INTO ACCOUNT and 7003 of the Families First Coronavirus of the Internal Revenue Code of 1986) em- MORE THAN ONCE.—An employee shall not be Response Act) on the wages paid with re- ployed by such eligible employer during 2019 included for purposes of this section for any spect to the employment of all the employ- was not greater than 100— period with respect to any employer if such ees of the eligible employer for such calendar (I) with respect to an eligible employer de- employer is allowed a credit under section 51 quarter. scribed in subclause (I) of paragraph of the Internal Revenue Code of 1986 with re- (3) REFUNDABILITY OF EXCESS CREDIT.— (2)(A)(ii), wages paid by such eligible em- spect to such employee for such period. (A) IN GENERAL.—If the amount of the cred- ployer with respect to an employee during (2) DENIAL OF DOUBLE BENEFIT.—Any wages it under subsection (a) exceeds the limita- any period described in such clause, or taken into account in determining the credit tion of paragraph (2) for any calendar quar- (II) with respect to an eligible employer allowed under this section shall not be taken ter, such excess shall be treated as an over- described in subclause (II) of such paragraph, into account for purposes of determining the payment that shall be refunded under sec- wages paid by such eligible employer with credit allowed under section 45S of such tions 6402(a) and 6413(b) of the Internal Rev- respect to an employee during such quarter. Code. enue Code of 1986. Such term shall not include any wages taken (3) THIRD PARTY PAYORS.—Any credit al- (B) TREATMENT OF PAYMENTS.—For pur- into account under section 7001 or section lowed under this section shall be treated as poses of section 1324 of title 31, United States 7003 of the Families First Coronavirus Re- a credit described in section 3511(d)(2) of such Code, any amounts due to the employer sponse Act. Code.

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(i) TRANSFERS TO FEDERAL OLD-AGE AND had indebtedness forgiven under section 1106 (e) TRUST FUNDS HELD HARMLESS.—There SURVIVORS INSURANCE TRUST FUND.—There of this Act with respect to a loan under para- are hereby appropriated (out of any money are hereby appropriated to the Federal Old- graph (36) of section 7(a) of the Small Busi- in the Treasury not otherwise appropriated) Age and Survivors Insurance Trust Fund and ness Act (15 U.S.C. 636(a)), as added by sec- for each fiscal year to the Federal Old-Age the Federal Disability Insurance Trust Fund tion 1102 of this Act, or indebtedness for- and Survivors Insurance Trust Fund and the established under section 201 of the Social given under section 1109 of this Act. Federal Disability Insurance Trust Fund es- Security Act (42 U.S.C. 401) and the Social (b) SECA.— tablished under section 201 of the Social Se- Security Equivalent Benefit Account estab- (1) IN GENERAL.—Notwithstanding any curity Act (42 U.S.C. 401) and the Social Se- lished under section 15A(a) of the Railroad other provision of law, the payment for 50 curity Equivalent Benefit Account estab- Retirement Act of 1974 (45 U.S.C. 14 231n–1(a)) percent of the taxes imposed under section lished under section 15A(a) of the Railroad amounts equal to the reduction in revenues 1401(a) of the Internal Revenue Code of 1986 Retirement Act of 1974 (45 U.S.C. 231n–1(a)) to the Treasury by reason of this section for the payroll tax deferral period shall not an amount equal to the reduction in the (without regard to this subsection). Amounts be due before the applicable date. transfers to such fund for such fiscal year by appropriated by the preceding sentence shall (2) ESTIMATED TAXES.—For purposes of ap- reason of this section. Amounts appropriated be transferred from the general fund at such plying section 6654 of the Internal Revenue by the preceding sentence shall be trans- times and in such manner as to replicate to Code of 1986 to any taxable year which in- ferred from the general fund at such times the extent possible the transfers which cludes any part of the payroll tax deferral and in such manner as to replicate to the ex- would have occurred to such Trust Fund or period, 50 percent of the taxes imposed under tent possible the transfers which would have Account had this section not been enacted. section 1401(a) of such Code for the payroll occurred to such Trust Fund had such (j) RULE FOR EMPLOYERS TAKING SMALL tax deferral period shall not be treated as amendments not been enacted. BUSINESS INTERRUPTION LOAN.—If an eligible taxes to which such section 6654 applies. (f) REGULATORY AUTHORITY.—The Sec- employer receives a covered loan under para- (c) LIABILITY OF THIRD PARTIES.— retary shall issue such regulations or other graph (36) of section 7(a) of the Small Busi- (1) ACTS TO BE PERFORMED BY AGENTS.—For guidance as necessary to carry out the pur- ness Act (15 U.S.C. 636(a)), as added by sec- purposes of section 3504 of the Internal Rev- poses of this section, including rules for the tion 1102 of this Act, such employer shall not enue Code of 1986, in the case of any person administration and enforcement of sub- be eligible for the credit under this section. section (c). (k) TREATMENT OF DEPOSITS.—The Sec- designated pursuant to such section (and any retary shall waive any penalty under section regulations or other guidance issued by the SEC. 2303. MODIFICATIONS FOR NET OPERATING 6656 of the Internal Revenue Code of 1986 for Secretary with respect to such section) to LOSSES. any failure to make a deposit of any applica- perform acts otherwise required to be per- (a) TEMPORARY REPEAL OF TAXABLE INCOME ble employment taxes if the Secretary deter- formed by an employer under such Code, if LIMITATION.— mines that such failure was due to the rea- such employer directs such person to defer (1) IN GENERAL.—The first sentence of sec- sonable anticipation of the credit allowed payment of any applicable employment tion 172(a) of the Internal Revenue Code of under this section. taxes during the payroll tax deferral period 1986 is amended by striking ‘‘an amount (l) REGULATIONS AND GUIDANCE.—The Sec- under this section, such employer shall be equal to’’ and all that follows and inserting retary shall issue such forms, instructions, solely liable for the payment of such applica- ‘‘an amount equal to— regulations, and guidance as are necessary— ble employment taxes before the applicable ‘‘(1) in the case of a taxable year beginning (1) to allow the advance payment of the date for any wages paid by such person on before January 1, 2021, the aggregate of the credit under subsection (a), subject to the behalf of such employer during such period. net operating loss carryovers to such year, limitations provided in this section, based on (2) CERTIFIED PROFESSIONAL EMPLOYER OR- plus the net operating loss carrybacks to such information as the Secretary shall re- GANIZATIONS.—For purposes of section 3511, such year, and quire, in the case of a certified professional em- ‘‘(2) in the case of a taxable year beginning (2) to provide for the reconciliation of such ployer organization (as defined in subsection after December 31, 2020, the sum of— advance payment with the amount advanced (a) of section 7705 of the Internal Revenue ‘‘(A) the aggregate amount of net oper- at the time of filing the return of tax for the Code of 1986) that has entered into a service ating losses arising in taxable years begin- applicable calendar quarter or taxable year, contract described in subsection (e)(2) of ning before January 1, 2018, carried to such (3) to provide for the recapture of the cred- such section with a customer, if such cus- taxable year, plus it under this section if such credit is allowed tomer directs such organization to defer pay- ‘‘(B) the lesser of— to a taxpayer which receives a loan described ment of any applicable employment taxes ‘‘(i) the aggregate amount of net operating in subsection (j) during a subsequent quar- during the payroll tax deferral period under losses arising in taxable years beginning ter, this section, such customer shall, notwith- after December 31, 2017, carried to such tax- (4) with respect to the application of the standing subsections (a) and (c) of section able year, or credit under subsection (a) to third party 3511, be solely liable for the payment of such ‘‘(ii) 80 percent of the excess (if any) of— payors (including professional employer or- applicable employment taxes before the ap- ‘‘(I) taxable income computed without re- ganizations, certified professional employer plicable date for any wages paid by such or- gard to the deductions under this section and organizations, or agents under section 3504 of ganization to any work site employee per- sections 199A and 250, over the Internal Revenue Code of 1986), including forming services for such customer during ‘‘(II) the amount determined under sub- regulations or guidance allowing such payors such period. paragraph (A).’’. to submit documentation necessary to sub- (d) DEFINITIONS.—For purposes of this sec- (2) CONFORMING AMENDMENTS.— stantiate the eligible employer status of em- tion— (A) Section 172(b)(2)(C) of such Code is ployers that use such payors, and (1) APPLICABLE EMPLOYMENT TAXES.—The amended to read as follows: (5) for application of subparagraphs term ‘‘applicable employment taxes’’ means ‘‘(C) for taxable years beginning after De- (A)(ii)(II) and (B) of subsection (c)(2) in the the following: cember 31, 2020, be reduced by 20 percent of case of any employer which was not carrying (A) The taxes imposed under section 3111(a) the excess (if any) described in subsection on a trade or business for all or part of the of the Internal Revenue Code of 1986. (a)(2)(B)(ii) for such taxable year.’’. same calendar quarter in the prior year. (B) So much of the taxes imposed under (B) Section 172(d)(6)(C) of such Code is (m) APPLICATION.—This section shall only section 3211(a) of such Code as are attrib- amended by striking ‘‘subsection (a)(2)’’ and apply to wages paid after March 12, 2020, and utable to the rate in effect under section inserting ‘‘subsection (a)(2)(B)(ii)(I)’’. before January 1, 2021. 3111(a) of such Code. (C) Section 860E(a)(3)(B) of such Code is SEC. 2302. DELAY OF PAYMENT OF EMPLOYER (C) So much of the taxes imposed under amended by striking all that follows ‘‘for PAYROLL TAXES. section 3221(a) of such Code as are attrib- purposes of’’ and inserting ‘‘subsection (a) IN GENERAL.— utable to the rate in effect under section (a)(2)(B)(ii)(I) and the second sentence of sub- (1) TAXES.—Notwithstanding any other 3111(a) of such Code. section (b)(2) of section 172.’’. provision of law, the payment for applicable (2) PAYROLL TAX DEFERRAL PERIOD.—The (b) MODIFICATIONS OF RULES RELATING TO employment taxes for the payroll tax defer- term ‘‘payroll tax deferral period’’ means the CARRYBACKS.— ral period shall not be due before the appli- period beginning on the date of the enact- (1) IN GENERAL.—Section 172(b)(1) of the In- cable date. ment of this Act and ending before January ternal Revenue Code of 1986 is amended by (2) DEPOSITS.—Notwithstanding section 1, 2021. adding at the end the following new subpara- 6302 of the Internal Revenue Code of 1986, an (3) APPLICABLE DATE.—The term ‘‘applica- graph: employer shall be treated as having timely ble date’’ means— ‘‘(D) SPECIAL RULE FOR LOSSES ARISING IN made all deposits of applicable employment (A) December 31, 2021, with respect to 50 2018, 2019, AND 2020.— taxes that are required to be made (without percent of the amounts to which subsection ‘‘(i) IN GENERAL.—In the case of any net op- regard to this section) for such taxes during (a) or (b), as the case may be, apply, and erating loss arising in a taxable year begin- the payroll tax deferral period if all such de- (B) December 31, 2022, with respect to the ning after December 31, 2017, and before Jan- posits are made not later than the applicable remaining such amounts. uary 1, 2021— date. (4) SECRETARY.—The term ‘‘Secretary’’ ‘‘(I) such loss shall be a net operating loss (3) EXCEPTION.—This subsection shall not means the Secretary of the Treasury (or the carryback to each of the 5 taxable years pre- apply to any taxpayer if such taxpayer has Secretary’s delegate). ceding the taxable year of such loss, and

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‘‘(II) subparagraphs (B) and (C)(i) shall not ‘‘(A) GENERAL RULE.—A net operating loss (2) Section 461(l)(3)(A) of such Code is apply. for any taxable year— amended— ‘‘(ii) SPECIAL RULES FOR REITS.—For pur- ‘‘(i) shall be a net operating loss carryback (A) in clause (i), by inserting ‘‘and without poses of this subparagraph— to the extent provided in subparagraphs (B) regard to any deduction allowable under sec- ‘‘(I) IN GENERAL.—A net operating loss for and (C)(i), and tion 172 or 199A’’ after ‘‘under paragraph (1)’’, a REIT year shall not be a net operating loss ‘‘(ii) except as provided in subparagraph and carryback to any taxable year preceding the (C)(ii), shall be a net operating loss carry- (B) by adding at the end the following flush taxable year of such loss. over— sentence: ‘‘(II) SPECIAL RULE.—In the case of any net ‘‘(I) in the case of a net operating loss aris- ‘‘Such excess shall be determined without re- operating loss for a taxable year which is not ing in a taxable year beginning before Janu- gard to any deductions, gross income, or a REIT year, such loss shall not be carried to ary 1, 2018, to each of the 20 taxable years gains attributable to any trade or business of any preceding taxable year which is a REIT following the taxable year of the loss, and performing services as an employee.’’. year. ‘‘(II) in the case of a net operating loss (3) Section 461(l)(3) of such Code is amend- ‘‘(III) REIT YEAR.—For purposes of this arising in a taxable year beginning after De- ed by redesignating subparagraph (B) as sub- subparagraph, the term ‘REIT year’ means cember 31, 2017, to each taxable year fol- paragraph (C) and by inserting after subpara- any taxable year for which the provisions of lowing the taxable year of the loss.’’. graph (A) the following new subparagraph: part II of subchapter M (relating to real es- (d) EFFECTIVE DATES.— ‘‘(B) TREATMENT OF CAPITAL GAINS AND tate investment trusts) apply to the tax- (1) NET OPERATING LOSS LIMITATION.—The LOSSES.— payer. amendments made by subsection (a) shall ‘‘(i) LOSSES.—Deductions for losses from ‘‘(iii) SPECIAL RULE FOR LIFE INSURANCE apply— sales or exchanges of capital assets shall not COMPANIES.— In the case of a life insurance (A) to taxable years beginning after De- be taken into account under subparagraph company, if a net operating loss is carried cember 31, 2017, and (A)(i). pursuant to clause (i)(I) to a life insurance (B) to taxable years beginning on or before ‘‘(ii) GAINS.—The amount of gains from company taxable year beginning before Jan- December 31, 2017, to which net operating sales or exchanges of capital assets taken uary 1, 2018, such net operating loss losses arising in taxable years beginning into account under subparagraph (A)(ii) shall carryback shall be treated in the same man- after December 31, 2017, are carried. not exceed the lesser of— ner as an operations loss carryback (within (2) CARRYOVERS AND CARRYBACKS.—The ‘‘(I) the capital gain net income deter- the meaning of section 810 as in effect before amendment made by subsection (b) shall mined by taking into account only gains and its repeal) of such company to such taxable apply to— losses attributable to a trade or business, or year. (A) net operating losses arising in taxable ‘‘(II) the capital gain net income.’’. years beginning after December 31, 2017, and ‘‘(iv) RULE RELATING TO CARRYBACKS TO (B) taxable years beginning before, on, or (c) EFFECTIVE DATES.— YEARS TO WHICH SECTION 965 APPLIES.—If a net (1) IN GENERAL.—The amendments made by operating loss of a taxpayer is carried pursu- after such date to which such net operating losses are carried. subsection (a) shall apply to taxable years ant to clause (i)(I) to any taxable year in beginning after December 31, 2017. which an amount is includible in gross in- (3) TECHNICAL AMENDMENTS.—The amendments made by subsection (c) shall take ef- (2) TECHNICAL AMENDMENTS.—The amend- come by reason of section 965(a), the tax- ments made by subsection (b) shall take ef- payer shall be treated as having made the fect as if included in the provisions of Public Law 115–97 to which they relate. fect as if included in the provisions of Public election under section 965(n) with respect to Law 115–97 to which they relate. each such taxable year. (4) SPECIAL RULE.—In the case of a net operating loss arising in a taxable year begin- ‘‘(v) SPECIAL RULES FOR ELECTIONS UNDER SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR ning before January 1, 2018, and ending after PARAGRAPH (3).— YEAR MINIMUM TAX LIABILITY OF December 31, 2017— ‘‘(I) SPECIAL ELECTION TO EXCLUDE SECTION CORPORATIONS. (A) an application under section 6411(a) of 965 YEARS.— If the 5-year carryback period (a) IN GENERAL.—Section 53(e) of the Inter- the Internal Revenue Code of 1986 with re- under clause (i)(I) with respect to any net op- nal Revenue Code of 1986 is amended— spect to the carryback of such net operating erating loss of a taxpayer includes 1 or more (1) by striking ‘‘2018, 2019, 2020, or 2021’’ in loss shall not fail to be treated as timely taxable years in which an amount is includ- paragraph (1) and inserting ‘‘2018 or 2019’’, filed if filed not later than the date which is ible in gross income by reason of section and 120 days after the date of the enactment of 965(a), the taxpayer may, in lieu of the elec- (2) by striking ‘‘2021’’ in paragraph (2) and this Act, and tion otherwise available under paragraph (3), inserting ‘‘2019’’. elect under such paragraph to exclude all (B) an election to— (b) ELECTION TO TAKE ENTIRE REFUNDABLE such taxable years from such carryback pe- (i) forgo any carryback of such net oper- CREDIT AMOUNT IN 2018.— riod. ating loss, (ii) reduce any period to which such net op- (1) IN GENERAL.—Section 53(e) of such Code ‘‘(II) TIME OF ELECTIONS.—An election is amended by adding at the end the fol- under paragraph (3) (including an election erating loss may be carried back, or lowing new paragraph: described in subclause (I)) with respect to a (iii) revoke any election made under sec- ‘‘(5) SPECIAL RULE.—In the case of a cor- net operating loss arising in a taxable year tion 172(b) to forgo any carryback of such poration making an election under this para- beginning in 2018 or 2019 shall be made by the net operating loss, graph— due date (including extensions of time) for shall not fail to be treated as timely made if ‘‘(A) paragraph (1) shall not apply, and filing the taxpayer’s return for the first tax- made not later than the date which is 120 ‘‘(B) subsection (c) shall not apply to the able year ending after the date of the enact- days after the date of the enactment of this first taxable year of such corporation begin- ment of this subparagraph.’’. Act. ning in 2018.’’. (2) CONFORMING AMENDMENT.—Section SEC. 2304. MODIFICATION OF LIMITATION ON 172(b)(1)(A) of such Code, as amended by sub- LOSSES FOR TAXPAYERS OTHER (c) EFFECTIVE DATE.—The amendments THAN CORPORATIONS. section (c)(2), is amended by striking ‘‘and made by this section shall apply to taxable (a) IN GENERAL.—Section 461(l)(1) of the In- years beginning after December 31, 2017. (C)(i)’’ and inserting ‘‘, (C)(i), and (D)’’. ternal Revenue Code of 1986 is amended to (c) TECHNICAL AMENDMENT RELATING TO read as follows: (d) SPECIAL RULE.— SECTION 13302 OF PUBLIC LAW 115–97.— ‘‘(1) LIMITATION.—In the case of a taxpayer (1) IN GENERAL.—For purposes of the Inter- (1) Section 13302(e) of Public Law 115–97 is other than a corporation— nal Revenue Code of 1986, a credit or refund amended to read as follows: ‘‘(A) for any taxable year beginning after for which an application described in para- ‘‘(e) EFFECTIVE DATES.— December 31, 2017, and before January 1, 2026, graph (2)(A) is filed shall be treated as made ‘‘(1) NET OPERATING LOSS LIMITATION.—The subsection (j) (relating to limitation on ex- under section 6411 of such Code. amendments made by subsections (a) and cess farm losses of certain taxpayers) shall (2) TENTATIVE REFUND.— (d)(2) shall apply to— not apply, and (A) APPLICATION.—A taxpayer may file an ‘‘(A) taxable years beginning after Decem- ‘‘(B) for any taxable year beginning after application for a tentative refund of any ber 31, 2017, and December 31, 2020, and before January 1, 2026, amount for which a refund is due by reason ‘‘(B) taxable years beginning on or before any excess business loss of the taxpayer for of an election under section 53(e)(5) of the In- such date to which net operating losses aris- the taxable year shall not be allowed.’’. ternal Revenue Code of 1986. Such applica- ing in taxable years beginning after such (b) TECHNICAL AMENDMENTS RELATING TO tion shall be in such manner and form as the date are carried. SECTION 11012 OF PUBLIC LAW 115–97.— Secretary of the Treasury (or the Secretary’s ‘‘(2) CARRYOVERS AND CARRYBACKS.—The (1) Section 461(l)(2) of the Internal Revenue delegate) may prescribe and shall— amendments made by subsections (b), (c), Code of 1986 is amended by striking ‘‘a net (i) be verified in the same manner as an ap- and (d)(1) shall apply to net operating losses operating loss carryover to the following plication under section 6411(a) of such Code, arising in taxable years beginning after De- taxable year under section 172’’ and inserting (ii) be filed prior to December 31, 2020, and cember 31, 2017.’’. ‘‘a net operating loss for the taxable year for (iii) set forth— (2) Section 172(b)(1)(A) of the Internal Rev- purposes of determining any net operating (I) the amount of the refundable credit enue Code of 1986 is amended to read as fol- loss carryover under section 172(b) for subse- claimed under section 53(e) of such Code for lows: quent taxable years’’. such taxable year,

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2085 (II) the amount of the refundable credit 2019 which is substituted under clause (i) tional Academies of Sciences, Engineering, claimed under such section for any pre- shall be equal to the amount which bears the and Medicine (referred to in this section as viously filed return for such taxable year, same ratio to such adjusted taxable income the ‘‘National Academies’’) to examine, and, and determined without regard to this clause as in a manner that does not compromise na- (III) the amount of the refund claimed. the number of months in the short taxable tional security, report on, the security of the (B) ALLOWANCE OF ADJUSTMENTS.—Within a year bears to 12’’. United States medical product supply chain. period of 90 days from the date on which an (b) EFFECTIVE DATE.—The amendments (b) PURPOSES.—The report developed under application is filed under subparagraph (A), made by this section shall apply to taxable this section shall— the Secretary of the Treasury (or the Sec- years beginning after December 31, 2018. (1) assess and evaluate the dependence of retary’s delegate) shall— SEC. 2307. TECHNICAL AMENDMENTS REGARD- the United States, including the private (i) review the application, ING QUALIFIED IMPROVEMENT commercial sector, States, and the Federal (ii) determine the amount of the overpay- PROPERTY. Government, on critical drugs and devices ment, and (a) IN GENERAL.—Section 168 of the Inter- that are sourced or manufactured outside of (iii) apply, credit, or refund such overpay- nal Revenue Code of 1986 is amended— the United States, which may include an ment, (1) in subsection (e)— analysis of— in a manner similar to the manner provided (A) in paragraph (3)(E), by striking ‘‘and’’ (A) the supply chain of critical drugs and in section 6411(b) of the Internal Revenue at the end of clause (v), by striking the pe- devices of greatest priority to providing Code of 1986. riod at the end of clause (vi) and inserting ‘‘, health care; (C) CONSOLIDATED RETURNS.—The provi- and’’, and by adding at the end the following (B) any potential public health security or sions of section 6411(c) of the Internal Rev- new clause: national security risks associated with reli- enue Code of 1986 Code shall apply to an ad- ‘‘(vii) any qualified improvement prop- ance on critical drugs and devices sourced or justment under this paragraph to the same erty.’’, and manufactured outside of the United States, extent and manner as the Secretary of the (B) in paragraph (6)(A), by inserting ‘‘made which may include responses to previous or Treasury (or the Secretary’s delegate) may by the taxpayer’’ after ‘‘any improvement’’, existing shortages or public health emer- provide. and gencies, such as infectious disease outbreaks, SEC. 2306. MODIFICATIONS OF LIMITATION ON (2) in the table contained in subsection bioterror attacks, and other public health BUSINESS INTEREST. (g)(3)(B)— threats; (a) IN GENERAL.—Section 163(j) of the In- (A) by striking the item relating to sub- (C) any existing supply chain information ternal Revenue Code of 1986 is amended by paragraph (D)(v), and gaps, as applicable; and (D) potential economic impact of increased redesignating paragraph (10) as paragraph (B) by inserting after the item relating to domestic manufacturing; and (11) and by inserting after paragraph (9) the subparagraph (E)(vi) the following new item: (2) provide recommendations, which may following new paragraph: ‘‘(E)(vii) ...... 20’’. ‘‘(10) SPECIAL RULE FOR TAXABLE YEARS BE- include a plan to improve the resiliency of (b) EFFECTIVE DATE.—The amendments the supply chain for critical drugs and de- GINNING IN 2019 AND 2020.— made by this section shall take effect as if vices as described in paragraph (1), and to ad- ‘‘(A) IN GENERAL.— included in section 13204 of Public Law 115– ‘‘(i) IN GENERAL.—Except as provided in dress any supply vulnerabilities or potential 97. clause (ii) or (iii), in the case of any taxable disruptions of such products that would sig- year beginning in 2019 or 2020, paragraph SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE nificantly affect or pose a threat to public TAX FOR ALCOHOL USED TO health security or national security, as ap- (1)(B) shall be applied by substituting ‘50 per- PRODUCE HAND SANITIZER. cent’ for ‘30 percent’. propriate, which may include strategies to— (a) IN GENERAL.—Section 5214(a) of the In- ‘‘(ii) SPECIAL RULE FOR PARTNERSHIPS.—In (A) promote supply chain redundancy and ternal Revenue Code of 1986 is amended— the case of a partnership— contingency planning; (1) in paragraph (13), by striking the period ‘‘(I) clause (i) shall not apply to any tax- (B) encourage domestic manufacturing, in- at the end and inserting ‘‘; or’’, and able year beginning in 2019, but cluding consideration of economic impacts, (2) by adding at the end the following new ‘‘(II) unless a partner elects not to have if any; paragraph: this subclause apply, in the case of any ex- (C) improve supply chain information gaps; ‘‘(14) with respect to distilled spirits recess business interest of the partnership for (D) improve planning considerations for any taxable year beginning in 2019 which is moved after December 31, 2019, and before medical product supply chain capacity dur- allocated to the partner under paragraph January 1, 2021, free of tax for use in or con- ing public health emergencies; and (4)(B)(i)(II)— tained in hand sanitizer produced and dis- (E) promote the accessibility of such drugs ‘‘(aa) 50 percent of such excess business in- tributed in a manner consistent with any and devices. terest shall be treated as business interest guidance issued by the Food and Drug Ad- (c) INPUT.—In conducting the study and de- which, notwithstanding paragraph (4)(B)(ii), ministration that is related to the outbreak veloping the report under subsection (b), the is paid or accrued by the partner in the part- of virus SARS-CoV-2 or coronavirus disease National Academies shall— ner’s first taxable year beginning in 2020 and 2019 (COVID-19).’’. (1) consider input from the Department of which is not subject to the limits of para- (b) EFFECTIVE DATE.—The amendments Health and Human Services, the Department graph (1), and made by this section shall apply to distilled of Homeland Security, the Department of ‘‘(bb) 50 percent of such excess business in- spirits removed after December 31, 2019. Defense, the Department of Commerce, the terest shall be subject to the limitations of (c) APPLICATION OF OTHER LAWS.—Any dis- Department of State, the Department of Vet- paragraph (4)(B)(ii) in the same manner as tilled spirits or product described in para- erans Affairs, the Department of Justice, and any other excess business interest so allo- graph (14) of section 5214(a) of the Internal any other Federal agencies as appropriate; cated. Revenue Code of 1986 (as added by this sec- and tion) shall not be subject to any require- ‘‘(iii) ELECTION OUT.—A taxpayer may (2) consult with relevant stakeholders, elect, at such time and in such manner as ments related to labeling or bulk sales which may include conducting public meet- the Secretary may prescribe, not to have under— ings and other forms of engagement, as ap- clause (i) apply to any taxable year. Such an (1) section 105 or 106 of the Federal Alcohol propriate, with health care providers, med- election, once made, may be revoked only Administration Act (27 U.S.C. 205, 206); or ical professional societies, State-based soci- with the consent of the Secretary. In the (2) section 204 of the Alcoholic Beverage eties, public health experts, State and local case of a partnership, any such election shall Labeling Act of 1988 (27 U.S.C. 215). public health departments, State medical be made by the partnership and may be made TITLE III—SUPPORTING AMERICA’S boards, patient groups, medical product only for taxable years beginning in 2020. HEALTH CARE SYSTEM IN THE FIGHT manufacturers, health care distributors, wholesalers and group purchasing organiza- ‘‘(B) ELECTION TO USE 2019 ADJUSTED TAX- AGAINST THE CORONAVIRUS tions, pharmacists, and other entities with ABLE INCOME FOR TAXABLE YEARS BEGINNING Subtitle A—Health Provisions experience in health care and public health, IN 2020.— SEC. 3001. SHORT TITLE. as appropriate. ‘‘(i) IN GENERAL.—Subject to clause (ii), in This subtitle may be cited as the (d) DEFINITIONS.—In this section, the terms the case of any taxable year beginning in ‘‘Coronavirus Aid, Relief, and Economic Se- ‘‘device’’ and ‘‘drug’’ have the meanings 2020, the taxpayer may elect to apply this curity Act’’. given such terms in section 201 of the Fed- subsection by substituting the adjusted tax- PART I—ADDRESSING SUPPLY eral Food, Drug, and Cosmetic Act (21 U.S.C. able income of the taxpayer for the last tax- 321). able year beginning in 2019 for the adjusted SHORTAGES Subpart A—Medical Product Supplies SEC. 3102. REQUIRING THE STRATEGIC NA- taxable income for such taxable year. In the TIONAL STOCKPILE TO INCLUDE case of a partnership, any such election shall SEC. 3101. NATIONAL ACADEMIES REPORT ON CERTAIN TYPES OF MEDICAL SUP- be made by the partnership. AMERICA’S MEDICAL PRODUCT SUP- PLIES. ‘‘(ii) SPECIAL RULE FOR SHORT TAXABLE PLY CHAIN SECURITY. Section 319F–2(a)(1) of the Public Health YEARS.—If an election is made under clause (a) IN GENERAL.—Not later than 60 days Service Act (42 U.S.C. 247d–6b(a)(1)) is (i) for a taxable year which is a short taxable after the date of enactment of this Act, the amended by inserting ‘‘(including personal year, the adjusted taxable income for the Secretary of Health and Human Services protective equipment, ancillary medical sup- taxpayer’s last taxable year beginning in shall enter into an agreement with the Na- plies, and other applicable supplies required

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2086 CONGRESSIONAL RECORD — SENATE March 25, 2020 for the administration of drugs, vaccines and cable, for each establishment in which such Subpart C—Preventing Medical Device other biological products, medical devices, drug or active pharmaceutical ingredient of Shortages and diagnostic tests in the stockpile)’’ after such drug is manufactured. A risk manage- SEC. 3121. DISCONTINUANCE OR INTERRUPTION ‘‘other supplies’’. ment plan under this section shall be subject IN THE PRODUCTION OF MEDICAL SEC. 3103. TREATMENT OF RESPIRATORY PRO- to inspection and copying by the Secretary DEVICES. TECTIVE DEVICES AS COVERED pursuant to an inspection or a request under Chapter V of the Federal Food, Drug, and COUNTERMEASURES. section 704(a)(4).’’. Cosmetic Act (21 U.S.C. 351 et seq.) is amend- Section 319F–3(i)(1)(D) of the Public Health ed by inserting after section 506I the fol- Service Act (42 U.S.C. 247d–6d(i)(1)(D)) is (c) ANNUAL NOTIFICATION.—Section 506E of lowing: amended to read as follows: the Federal Food, Drug, and Cosmetic Act ‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION ‘‘(D) a respiratory protective device that is (21 U.S.C. 356e) is amended by adding at the IN THE PRODUCTION OF MEDICAL approved by the National Institute for Occu- end the following: DEVICES. ‘‘(a) IN GENERAL.—A manufacturer of a de- pational Safety and Health under part 84 of ‘‘(d) INTERAGENCY NOTIFICATION.—Not later vice that— title 42, Code of Federal Regulations (or any than 180 days after the date of enactment of ‘‘(1) is critical to public health during a successor regulations), and that the Sec- this subsection, and every 90 days thereafter, public health emergency, including devices retary determines to be a priority for use the Secretary shall transmit a report regard- that are life-supporting, life-sustaining, or during a public health emergency declared ing the drugs of the current drug shortage under section 319.’’. intended for use in emergency medical care list under this section to the Administrator or during surgery; or Subpart B—Mitigating Emergency Drug of the Centers for Medicare & Medicaid Serv- ‘‘(2) for which the Secretary determines Shortages ices.’’. that information on potential meaningful SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLI- (d) REPORTING AFTER INSPECTIONS.—Sec- supply disruptions of such device is needed CATIONS; INCENTIVES. tion 704(b) of the Federal Food, Drug, and during, or in advance of, a public health Section 506C(g) of the Federal Food, Drug, Cosmetic Act (21 U.S.C. 374(b)) is amended— emergency; and Cosmetic Act (21 U.S.C. 356c(g)) is (1) by redesignating paragraphs (1) and (2) shall, during, or in advance of, a public amended— and subparagraphs (A) and (B); health emergency declared by the Secretary (1) in paragraph (1), by striking ‘‘the Sec- (2) by striking ‘‘(b) Upon completion’’ and under section 319 of the Public Health Serv- retary may’’ and inserting ‘‘the Secretary inserting ‘‘(b)(1) Upon completion’’; and ice Act, notify the Secretary, in accordance shall, as appropriate’’; (3) by adding at the end the following: with subsection (b), of a permanent dis- (2) in paragraph (1), by inserting continuance in the manufacture of the de- ‘‘prioritize and’’ before ‘‘expedite the re- ‘‘(2) In carrying out this subsection with vice (except for discontinuances as a result view’’; and respect to any establishment manufacturing of an approved modification of the device) or (3) in paragraph (2), by inserting a drug approved under subsection (c) or (j) of an interruption of the manufacture of the de- ‘‘prioritize and’’ before ‘‘expedite an inspec- section 505 for which a notification has been vice that is likely to lead to a meaningful tion’’. submitted in accordance with section 506C is, disruption in the supply of that device in the SEC. 3112. ADDITIONAL MANUFACTURER RE- or has been in the last 5 years, listed on the United States, and the reasons for such dis- PORTING REQUIREMENTS IN RE- drug shortage list under section 506E, or that continuance or interruption. SPONSE TO DRUG SHORTAGES. is described in section 505(j)(11)(A), a copy of ‘‘(b) TIMING.—A notice required under sub- (a) EXPANSION TO INCLUDE ACTIVE PHARMA- the report shall be sent promptly to the ap- section (a) shall be submitted to the Sec- CEUTICAL INGREDIENTS.—Subsection (a) of propriate offices of the Food and Drug Ad- retary— section 506C of the Federal Food, Drug, and ministration with expertise regarding drug ‘‘(1) at least 6 months prior to the date of Cosmetic Act (21 U.S.C. 356c) is amended— shortages.’’. the discontinuance or interruption; or (1) in paragraph (1)(C), by inserting ‘‘or any ‘‘(2) if compliance with paragraph (1) is not (e) REPORTING REQUIREMENT.—Section such drug that is critical to the public possible, as soon as practicable. health during a public health emergency de- 510(j) of the Federal Food, Drug, Cosmetic ‘‘(c) DISTRIBUTION.— clared by the Secretary under section 319 of Act (21 U.S.C. 360(j)) is amended— ‘‘(1) PUBLIC AVAILABILITY.—To the max- the Public Health Service Act’’ after ‘‘during (1) by redesignating paragraphs (3) and (4) imum extent practicable, subject to para- surgery’’; and as paragraphs (4) and (5), respectively; and graph (2), the Secretary shall distribute, (2) in the flush text at the end— (2) by inserting after paragraph (2) the fol- through such means as the Secretary deter- (A) by inserting ‘‘, or a permanent dis- lowing: mines appropriate, information on the discontinuance in the manufacture of an active ‘‘(3)(A) Each person who registers with the continuance or interruption of the manufac- pharmaceutical ingredient or an interrup- Secretary under this section with regard to a ture of devices reported under subsection (a) tion in the manufacture of the active phar- drug shall report annually to the Secretary to appropriate organizations, including phy- maceutical ingredient of such drug that is on the amount of each drug listed under sician, health provider, patient organiza- likely to lead to a meaningful disruption in paragraph (1) that was manufactured, pre- tions, and supply chain partners, as appro- the supply of the active pharmaceutical in- pared, propagated, compounded, or processed priate and applicable, as described in sub- gredient of such drug,’’ before ‘‘and the rea- by such person for commercial distribution. section (g). sons’’; and Such information may be required to be sub- ‘‘(2) PUBLIC HEALTH EXCEPTION.—The Sec- (B) by adding at the end the following: mitted in an electronic format as determined retary may choose not to make information ‘‘Notification under this subsection shall in- by the Secretary. The Secretary may require collected under this section publicly avail- clude disclosure of reasons for the dis- that information required to be reported able pursuant to this section if the Secretary continuation or interruption, and if applica- under this paragraph be submitted at the determines that disclosure of such informa- ble, an active pharmaceutical ingredient is a time a public health emergency is declared tion would adversely affect the public reason for, or risk factor in, such discontinu- by the Secretary under section 319 of the health, such as by increasing the possibility ation or interruption, the source of the ac- Public Health Service Act. of unnecessary over purchase of product, tive pharmaceutical ingredient and any al- ‘‘(B) By order of the Secretary, certain bio- component parts, or other disruption of the ternative sources for the active pharma- logical products or categories of biological availability of medical products to patients. ceutical ingredient known by the manufac- products regulated under section 351 of the ‘‘(d) CONFIDENTIALITY.—Nothing in this turer; whether any associated device used for Public Health Service Act may be exempt section shall be construed as authorizing the preparation or administration included in from some or all of the reporting require- Secretary to disclose any information that is the drug is a reason for, or a risk factor in, ments under subparagraph (A), if the Sec- a trade secret or confidential information such discontinuation or interruption; the ex- retary determines that applying such report- subject to section 552(b)(4) of title 5, United pected duration of the interruption; and such ing requirements to such biological products States Code, or section 1905 of title 18, other information as the Secretary may re- or categories of biological products is not United States Code. quire.’’. necessary to protect the public health.’’. ‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a (b) RISK MANAGEMENT.—Section 506C of the (f) CONFIDENTIALITY.—Nothing in the person fails to submit information required Federal Food, Drug, and Cosmetic Act (21 amendments made by this section shall be under subsection (a) in accordance with sub- U.S.C. 356c) is amended by adding at the end construed as authorizing the Secretary to section (b)— the following: disclose any information that is a trade se- ‘‘(1) the Secretary shall issue a letter to ‘‘(j) RISK MANAGEMENT PLANS.—Each man- such person informing such person of such cret or confidential information subject to ufacturer of a drug described in subsection failure; section 552(b)(4) of title 5, United States (a) or of any active pharmaceutical ingre- ‘‘(2) not later than 30 calendar days after Code, or section 1905 of title 18, United dient or any associated medical device used the issuance of a letter under paragraph (1), States Code. for preparation or administration included in the person who receives such letter shall the drug, shall develop, maintain, and imple- (g) EFFECTIVE DATE.—The amendments submit to the Secretary a written response ment, as appropriate, a redundancy risk made by this section and section 3111 shall to such letter setting forth the basis for non- management plan that identifies and evalu- take effect on the date that is 180 days after compliance and providing information re- ates risks to the supply of the drug, as appli- the date of enactment of this Act. quired under subsection (a); and

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‘‘(3) not later than 45 calendar days after ‘‘(i) DEFINITIONS.—In this section: vider in an amount that equals the cash the issuance of a letter under paragraph (1), ‘‘(1) MEANINGFUL DISRUPTION.—The term price for such service as listed by the pro- the Secretary shall make such letter and any ‘meaningful disruption’— vider on a public internet website, or such response to such letter under paragraph (2) ‘‘(A) means a change in production that is plan or issuer may negotiate a rate with available to the public on the internet reasonably likely to lead to a reduction in such provider for less than such cash price. website of the Food and Drug Administra- the supply of a device by a manufacturer (b) REQUIREMENT TO PUBLICIZE CASH PRICE tion, with appropriate redactions made to that is more than negligible and affects the FOR DIAGNOSTIC TESTING FOR COVID-19.— protect information described in subsection ability of the manufacturer to fill orders or (1) IN GENERAL.—During the emergency pe- (d), except that, if the Secretary determines meet expected demand for its product; riod declared under section 319 of the Public that the letter under paragraph (1) was ‘‘(B) does not include interruptions in man- Health Service Act (42 U.S.C. 247d), each pro- issued in error or, after review of such re- ufacturing due to matters such as routine vider of a diagnostic test for COVID-19 shall sponse, the person had a reasonable basis for maintenance or insignificant changes in make public the cash price for such test on not notifying as required under subsection manufacturing so long as the manufacturer a public internet website of such provider. (a), the requirements of this paragraph shall expects to resume operations in a short pe- (2) CIVIL MONETARY PENALTIES.—The Sec- not apply. riod of time, not to exceed 6 months; retary of Health and Human Services may ‘‘(f) EXPEDITED INSPECTIONS AND RE- ‘‘(C) does not include interruptions in man- impose a civil monetary penalty on any pro- VIEWS.—If, based on notifications described ufacturing of components or raw materials vider of a diagnostic test for COVID-19 that in subsection (a) or any other relevant infor- so long as such interruptions do not result in is not in compliance with paragraph (1) and mation, the Secretary concludes that there a shortage of the device and the manufac- has not completed a corrective action plan is, or is likely to be, a shortage of an device, turer expects to resume operations in a rea- to comply with the requirements of such the Secretary shall, as appropriate— sonable period of time; and paragraph, in an amount not to exceed $300 ‘‘(1) prioritize and expedite the review of a ‘‘(D) does not include interruptions in per day that the violation is ongoing. submission under section 513(f)(2), 515, review manufacturing that do not lead to a reduc- SEC. 3203. RAPID COVERAGE OF PREVENTIVE of a notification under section 510(k), or tion in procedures or diagnostic tests associ- SERVICES AND VACCINES FOR 520(m) for a device that could help mitigate ated with a medical device designed to per- CORONAVIRUS. or prevent such shortage; or form more than one procedure or diagnostic (a) IN GENERAL.—Notwithstanding 2713(b) ‘‘(2) prioritize and expedite an inspection test. of the Public Health Service Act (42 U.S.C. 300gg–13), the Secretary of Health and or reinspection of an establishment that ‘‘(2) SHORTAGE.—The term ‘shortage’, with could help mitigate or prevent such short- respect to a device, means a period of time Human Services, the Secretary of Labor, and age. when the demand or projected demand for the Secretary of the Treasury shall require group health plans and health insurance ‘‘(g) DEVICE SHORTAGE LIST.— the device within the United States exceeds issuers offering group or individual health ‘‘(1) ESTABLISHMENT.—The Secretary shall the supply of the device.’’. establish and maintain an up-to-date list of insurance to cover (without cost-sharing) devices that are determined by the Secretary PART II—ACCESS TO HEALTH CARE FOR any qualifying coronavirus preventive serv- to be in shortage in the United States. COVID-19 PATIENTS ice, pursuant to section 2713(a) of the Public ‘‘(2) CONTENTS.—For each device included Subpart A—Coverage of Testing and Health Service Act (42 U.S.C. 300gg–13(a)) (in- on the list under paragraph (1), the Sec- Preventive Services cluding the regulations under sections retary shall include the following informa- SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING 2590.715-2713 of title 29, Code of Federal Regu- tion: FOR COVID-19. lations, section 54.9815-2713 of title 26, Code ‘‘(A) The category or name of the device in Paragraph (1) of section 6001(a) of division of Federal Regulations, and section 147.130 of shortage. F of the Families First Coronavirus Re- title 45, Code of Federal Regulations (or any ‘‘(B) The name of each manufacturer of sponse Act (Public Law 116–127) is amended successor regulations)). The requirement de- such device. to read as follows: scribed in this subsection shall take effect ‘‘(C) The reason for the shortage, as deter- ‘‘(1) An in vitro diagnostic test defined in with respect to a qualifying coronavirus pre- mined by the Secretary, selecting from the section 809.3 of title 21, Code of Federal Reg- ventive service on the specified date de- following categories: ulations (or successor regulations) for the scribed in subsection (b)(2). (b) DEFINITIONS.—For purposes of this sec- ‘‘(i) Requirements related to complying detection of SARS–CoV–2 or the diagnosis of tion: with good manufacturing practices. the virus that causes COVID–19, and the ad- (1) QUALIFYING CORONAVIRUS PREVENTIVE ‘‘(ii) Regulatory delay. ministration of such a test, that— SERVICE.—The term ‘‘qualifying coronavirus ‘‘(iii) Shortage or discontinuance of a com- ‘‘(A) is approved, cleared, or authorized preventive service’’ means an item, service, ponent or part. under section 510(k), 513, 515, or 564 of the or immunization that is intended to prevent ‘‘(iv) Discontinuance of the manufacture of Federal Food, Drug, and Cosmetic Act (21 or mitigate coronavirus disease 2019 and that the device. U.S.C. 360(k), 360c, 360e, 360bbb–3); is— ‘‘(v) Delay in shipping of the device. ‘‘(B) the developer has requested, or in- (A) an evidence-based item or service that ‘‘(vi) Delay in sterilization of the device. tends to request, emergency use authoriza- has in effect a rating of ‘‘A’’ or ‘‘B’’ in the ‘‘(vii) Demand increase for the device. tion under section 564 of the Federal Food, current recommendations of the United ‘‘(viii) Facility closure. Drug, and Cosmetic Act (21 U.S.C. 360bbb–3), States Preventive Services Task Force; or ‘‘(D) The estimated duration of the short- unless and until the emergency use author- (B) an immunization that has in effect a age as determined by the Secretary. ization request under such section 564 has recommendation from the Advisory Com- ‘‘(3) PUBLIC AVAILABILITY.— been denied or the developer of such test mittee on Immunization Practices of the ‘‘(A) IN GENERAL.—Subject to subpara- does not submit a request under such section Centers for Disease Control and Prevention graphs (B) and (C), the Secretary shall make within a reasonable timeframe; with respect to the individual involved. the information in the list under paragraph ‘‘(C) is developed in and authorized by a (2) SPECIFIED DATE.—The term ‘‘specified (1) publicly available. State that has notified the Secretary of date’’ means the date that is 15 business days ‘‘(B) TRADE SECRETS AND CONFIDENTIAL IN- Health and Human Services of its intention after the date on which a recommendation is FORMATION.—Nothing in this subsection shall to review tests intended to diagnose COVID- made relating to the qualifying coronavirus be construed to alter or amend section 1905 19; or preventive service as described in such para- of title 18, United States Code, or section ‘‘(D) other test that the Secretary deter- graph. 552(b)(4) of title 5 of such Code. mines appropriate in guidance.’’. (3) ADDITIONAL TERMS.—In this section, the ‘‘(C) PUBLIC HEALTH EXCEPTION.—The Sec- SEC. 3202. PRICING OF DIAGNOSTIC TESTING. terms ‘‘group health plan’’, ‘‘health insur- retary may elect not to make information (a) REIMBURSEMENT RATES.—A group ance issuer’’, ‘‘group health insurance cov- collected under this subsection publicly health plan or a health insurance issuer pro- erage’’, and ‘‘individual health insurance available if the Secretary determines that viding coverage of items and services de- coverage’’ have the meanings given such disclosure of such information would ad- scribed in section 6001(a) of division F of the terms in section 2791 of the Public Health versely affect the public health (such as by Families First Coronavirus Response Act Service Act (42 U.S.C. 300gg–91), section 733 increasing the possibility of hoarding or (Public Law 116–127) with respect to an en- of the Employee Retirement Income Secu- other disruption of the availability of the de- rollee shall reimburse the provider of the di- rity Act of 1974 (29 U.S.C. 1191b), and section vice to patients). agnostic testing as follows: 9832 of the Internal Revenue Code, as appli- ‘‘(h) RULE OF CONSTRUCTION.—Nothing in (1) If the health plan or issuer has a nego- this section shall be construed to affect the tiated rate with such provider in effect be- cable. authority of the Secretary on the date of en- fore the public health emergency declared Subpart B—Support for Health Care actment of this section to expedite the re- under section 319 of the Public Health Serv- Providers view of devices under section 515 of the Fed- ice Act (42 U.S.C. 247d), such negotiated rate SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH eral Food, Drug, and Cosmetic Act, section shall apply throughout the period of such CENTERS. 515B of such Act relating to the priority re- declaration. (a) SUPPLEMENTAL AWARDS.—Section 330(r) view program for devices, and section 564 of (2) If the health plan or issuer does not of the Public Health Service Act (42 U.S.C. such Act relating to the emergency use au- have a negotiated rate with such provider, 254b(r)) is amended by adding at the end the thorization authorities. such plan or issuer shall reimburse the pro- following:

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‘‘(6) ADDITIONAL AMOUNTS FOR SUPPLE- (iii) by striking subparagraph (F); and (II) in clauses (i) and (ii), by striking MENTAL AWARDS.—In addition to any (B) in paragraph (2)(A), by striking ‘‘medi- ‘‘that’’ each place such term appears; and amounts made available pursuant to this cally underserved areas or’’ and inserting (C) in paragraph (3)(C), by striking ‘‘the subsection, section 402A of this Act, or sec- ‘‘rural areas, medically underserved areas, local community or region’’ and inserting tion 10503 of the Patient Protection and Af- or’’; ‘‘the rural underserved populations in the fordable Care Act, there is authorized to be (8) in paragraph (2) of subsection (i), as so local community or region’’; appropriated, and there is appropriated, out redesignated, by striking ‘‘ensure that—’’ (3) in subsection (f)— of any monies in the Treasury not otherwise and all that follows through the end of sub- (A) in paragraph (1)— appropriated, $1,320,000,000 for fiscal year 2020 paragraph (B) and inserting ‘‘ensure that not (i) in subparagraph (A)— for supplemental awards under subsection (d) less than 50 percent of the funds awarded (I) in the matter preceding clause (i), by for the detection of SARS-CoV-2 or the pre- shall be awarded for projects in rural striking ‘‘promote, through planning and im- vention, diagnosis, and treatment of COVID- areas.’’; plementation, the development of integrated 19.’’. (9) in subsection (j), as so redesignated— health care networks that have combined (b) APPLICATION OF PROVISIONS.—Amounts (A) in paragraph (1)(B), by striking ‘‘com- the functions of the entities participating in appropriated pursuant to the amendment puter hardware and software, audio and the networks’’ and inserting ‘‘plan, develop, made by subsection (a) for fiscal year 2020 video equipment, computer network equip- and implement integrated health care net- shall be subject to the requirements con- ment, interactive equipment, data terminal works that collaborate’’; and tained in Public Law 116–94 for funds for pro- equipment, and other’’; and (II) in clause (ii), by striking ‘‘essential grams authorized under sections 330 through (B) in paragraph (2)(F), by striking ‘‘health health care services’’ and inserting ‘‘basic 340 of the Public Health Service Act (42 care providers and’’; health care services and associated health U.S.C. 254 through 256). (10) in subsection (k), as so redesignated— outcomes’’; and SEC. 3212. TELEHEALTH NETWORK AND TELE- (A) in paragraph (2), by striking ‘‘40 per- (ii) by amending subparagraph (B) to read HEALTH RESOURCE CENTERS as follows: GRANT PROGRAMS. cent’’ and inserting ‘‘20 percent’’; and (B) in paragraph (3), by striking ‘‘(such as ‘‘(B) GRANT PERIODS.—The Director may Section 330I of the Public Health Service award grants under this subsection for peri- Act (42 U.S.C. 254c–14) is amended— laying cable or telephone lines, or purchasing or installing microwave towers, sat- ods of not more than 5 years.’’; (1) in subsection (d)— (B) in paragraph (2)— (A) in paragraph (1)— ellite dishes, amplifiers, or digital switching equipment)’’; (i) in the matter preceding subparagraph (i) in the matter preceding subparagraph (A), by inserting ‘‘shall’’ after ‘‘entity’’; (A), by striking ‘‘projects to demonstrate (11) by striking subsections (q) and (r) and inserting the following: (ii) in subparagraph (A), by striking ‘‘shall how telehealth technologies can be used be a rural public or rural nonprofit private EPORT.—Not later than 4 years after through telehealth networks’’ and inserting ‘‘(p) R entity’’ and inserting ‘‘be an entity with ‘‘evidence-based projects that utilize tele- the date of enactment of the Coronavirus demonstrated experience serving, or the ca- health technologies through telehealth net- Aid, Relief, and Economic Security Act, and pacity to serve, rural underserved popu- works’’; every 5 years thereafter, the Secretary shall lations’’; (ii) in subparagraph (A)— prepare and submit to the Committee on (iii) in subparagraph (B)— (I) by striking ‘‘the quality of’’ and insert- Health, Education, Labor, and Pensions of (I) in the matter preceding clause (i)— ing ‘‘access to, and the quality of,’’; and the Senate and the Committee on Energy (aa) by striking ‘‘shall’’; and (II) by inserting ‘‘and’’ after the semicolon; and Commerce of the House of Representa- (bb) by inserting ‘‘that’’ after ‘‘partici- (iii) by striking subparagraph (B); tives a report on the activities and outcomes pants’’; and (iv) by redesignating subparagraph (C) as of the grant programs under subsection (b).’’; (II) in clauses (i) and (ii), by striking subparagraph (B); and (12) by redesignating subsection (s) as sub- ‘‘that’’ each place such term appears; and (v) in subparagraph (B), as so redesignated, section (q); and (iv) in subparagraph (C), by striking by striking ‘‘and patients and their families, (13) in subsection (q), as so redesignated, ‘‘shall’’; and for decisionmaking’’ and inserting ‘‘, pa- by striking ‘‘this section—’’ and all that fol- (C) in paragraph (3)— tients, and their families’’; and lows through the end of paragraph (2) and in- (i) by amending clause (iii) of subpara- (B) in paragraph (2)— serting ‘‘this section $29,000,000 for each of graph (C) to read as follows: (i) by striking ‘‘demonstrate how tele- fiscal years 2021 through 2025.’’. ‘‘(iii) how the rural underserved popu- health technologies can be used’’ and insert- SEC. 3213. RURAL HEALTH CARE SERVICES OUT- lations in the local community or region to ing ‘‘support initiatives that utilize tele- REACH, RURAL HEALTH NETWORK be served will benefit from and be involved health technologies’’; and DEVELOPMENT, AND SMALL HEALTH in the development and ongoing operations (ii) by striking ‘‘, to establish telehealth CARE PROVIDER QUALITY IMPROVE- of the network;’’; and resource centers’’; MENT GRANT PROGRAMS. (ii) in subparagraph (D), by striking ‘‘the (2) in subsection (e), by striking ‘‘4 years’’ Section 330A of the Public Health Service local community or region’’ and inserting and inserting ‘‘5 years’’; Act (42 U.S.C. 254c) is amended— ‘‘the rural underserved populations in the (3) in subsection (f)— (1) in subsection (d)(2)— local community or region’’; (A) by striking paragraph (2); (A) in subparagraph (A), by striking ‘‘es- (4) in subsection (g)— (B) in paragraph (1)(B)— sential’’ and inserting ‘‘basic’’; and (A) in paragraph (1)— (i) by redesignating clauses (i) through (iii) (B) in subparagraph (B)— (i) by inserting ‘‘, including activities re- as paragraphs (1) through (3), respectively, (i) in the matter preceding clause (i), by in- lated to increasing care coordination, en- and adjusting the margins accordingly; serting ‘‘to’’ after ‘‘grants’’; and hancing chronic disease management, and (ii) in paragraph (3), as so redesignated by (ii) in clauses (i), (ii), and (iii), by striking improving patient health outcomes’’ before clause (i), by redesignating subclauses (I) ‘‘to’’ each place such term appears; the period of the first sentence; and through (XII) as subparagraphs (A) through (2) in subsection (e)— (ii) by striking ‘‘3 years’’ and inserting ‘‘5 (L), respectively, and adjusting the margins (A) in paragraph (1)— years’’; accordingly; and (i) by inserting ‘‘improving and’’ after (B) in paragraph (2)— (iii) by striking ‘‘(1) TELEHEALTH NETWORK ‘‘outreach by’’; (i) in the matter preceding subparagraph GRANTS—’’ and all that follows through ‘‘(B) (ii) by inserting ‘‘, through community en- (A), by inserting ‘‘shall’’ after ‘‘entity’’; TELEHEALTH NETWORKS—’’; and gagement and evidence-based or innovative, (ii) in subparagraphs (A) and (B), by strik- (C) in paragraph (3)(I), as so redesignated, evidence-informed models’’ before the period ing ‘‘shall’’ each place such term appears; by inserting ‘‘and substance use disorder’’ of the first sentence; and and after ‘‘mental health’’ each place such term (iii) by striking ‘‘3 years’’ and inserting ‘‘5 (iii) in subparagraph (A)(ii), by inserting appears; years’’; ‘‘or regional’’ after ‘‘local’’; and (4) in subsection (g)(2), by striking ‘‘or im- (B) in paragraph (2)— (C) in paragraph (3)(D), by striking ‘‘the prove’’ and inserting ‘‘and improve’’; (i) in the matter preceding subparagraph local community or region’’ and inserting (5) by striking subsection (h); (A), by inserting ‘‘shall’’ after ‘‘entity’’; ‘‘the rural underserved populations in the (6) by redesignating subsections (i) through (ii) in subparagraph (A), by striking ‘‘shall local community or region’’; (p) as subsection (h) through (o), respec- be a rural public or rural nonprofit private (5) in subsection (h)(3), in the matter pre- tively; entity’’ and inserting ‘‘be an entity with ceding subparagraph (A), by inserting ‘‘, as (7) in subsection (h), as so redesignated— demonstrated experience serving, or the ca- appropriate,’’ after ‘‘the Secretary’’; (A) in paragraph (1)— pacity to serve, rural underserved popu- (6) by amending subsection (i) to read as (i) in subparagraph (B), by striking ‘‘men- lations’’; follows: tal health, public health, long-term care, (iii) in subparagraphs (B) and (C), by strik- ‘‘(i) REPORT.—Not later than 4 years after home care, preventive’’ and inserting ‘‘men- ing ‘‘shall’’ each place such term appears; the date of enactment of the Coronavirus tal health care, public health services, long- and Aid, Relief, and Economic Security Act, and term care, home care, preventive care’’; (iv) in subparagraph (B)— every 5 years thereafter, the Secretary shall (ii) in subparagraph (E), by inserting ‘‘and (I) in the matter preceding clause (i), by in- prepare and submit to the Committee on regional’’ after ‘‘local’’; and serting ‘‘that’’ after ‘‘members’’; and Health, Education, Labor, and Pensions of

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2089 the Senate and the Committee on Energy (B) by striking ‘‘(b) The authority vested’’ to those provided by the Volunteer Protec- and Commerce of the House of Representa- and inserting the following: tion Act of 1997 (Public Law 105–19). tives a report on the activities and outcomes ‘‘(b)(1) The authority vested’’; (d) DEFINITIONS.—In this section— of the grant programs under subsections (e), (C) by striking ‘‘For purposes of’’ and in- (1) the term ‘‘harm’’ includes physical, (f), and (g), including the impact of projects serting the following: nonphysical, economic, and noneconomic funded under such programs on the health ‘‘(2) For purposes of’’; and losses; status of rural residents with chronic condi- (D) by adding at the end the following: (2) the term ‘‘health care professional’’ tions.’’; and ‘‘(3) For purposes of paragraph (19) of sub- means an individual who is licensed, reg- (7) in subsection (j), by striking ‘‘$45,000,000 section (a), the terms ‘Military department’, istered, or certified under Federal or State for each of fiscal years 2008 through 2012’’ ‘Secretary concerned’, and ‘Armed forces’ in law to provide health care services; and inserting ‘‘$79,500,000 for each of fiscal such title 10 shall be deemed to include, re- (3) the term ‘‘health care services’’ means years 2021 through 2025’’. spectively, the Department of Health and any services provided by a health care pro- Human Services, the Secretary of Health and fessional, or by any individual working SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION. Human Services, and the Commissioned under the supervision of a health care profes- Corps.’’. sional that relate to— (a) COMMISSIONED CORPS AND READY RE- (e) TECHNICAL AMENDMENTS.—Title II of (A) the diagnosis, prevention, or treatment SERVE CORPS.—Section 203 of the Public the Public Health Service Act (42 U.S.C. 202 of COVID-19; or Health Service Act (42 U.S.C. 204) is amend- et seq.) is amended— (B) the assessment or care of the health of ed— (1) in sections 204 and 207(c), by striking a human being related to an actual or sus- (1) in subsection (a)(1), by striking ‘‘a ‘‘Regular or Reserve Corps’’ each place it ap- pected case of COVID-19; and Ready Reserve Corps for service in time of pears and inserting ‘‘Regular Corps or Ready (4) the term ‘‘volunteer’’ means a health national emergency’’ and inserting ‘‘, for Reserve Corps’’; care professional who, with respect to the service in time of a public health or national (2) in section 208(a), by striking ‘‘Regular health care services rendered, does not re- emergency, a Ready Reserve Corps’’; and and Reserve Corps’’ each place it appears and ceive compensation or any other thing of (2) in subsection (c)— inserting ‘‘Regular Corps and Ready Reserve value in lieu of compensation, which com- (A) in the heading, by striking ‘‘RE- Corps’’; and pensation— SEARCH’’ and inserting ‘‘RESERVE CORPS’’; (3) in section 205(c), 206(c), 210, and 219, and (A) includes a payment under any insur- (B) in paragraph (1), by inserting ‘‘during in subsections (a), (b), and (d) of section 207, ance policy or health plan, or under any Fed- public health or national emergencies’’ be- by striking ‘‘Reserve Corps’’ each place it ap- eral or State health benefits program; and fore the period; pears and inserting ‘‘Ready Reserve Corps’’. (B) excludes— (C) in paragraph (2)— (i) receipt of items to be used exclusively (i) in the matter preceding subparagraph SEC. 3215. LIMITATION ON LIABILITY FOR VOL- UNTEER HEALTH CARE PROFES- for rendering health care services in the (A), by inserting ‘‘, consistent with para- SIONALS DURING COVID-19 EMER- health care professional’s capacity as a vol- graph (1)’’ after ‘‘shall’’; GENCY RESPONSE. unteer described in subsection (a)(1); and (ii) in subparagraph (C), by inserting ‘‘dur- (a) LIMITATION ON LIABILITY.—Except as (ii) any reimbursement for travel to the ing such emergencies’’ after ‘‘members’’; and provided in subsection (b), a health care pro- site where the volunteer services are ren- (iii) in subparagraph (D), by inserting ‘‘, fessional shall not be liable under Federal or dered and any payments in cash or kind to consistent with subparagraph (C)’’ before the State law for any harm caused by an act or cover room and board, if services are being period; and omission of the professional in the provision rendered more than 75 miles from the volun- (D) by adding at the end the following: of health care services during the public teer’s principal place of residence. ‘‘(3) STATUTORY REFERENCES TO RESERVE.— health emergency with respect to COVID-19 (e) EFFECTIVE DATE.—This section shall A reference in any Federal statute, except in declared by the Secretary of Health and take effect upon the date of enactment of the case of subsection (b), to the ‘Reserve Human Services (referred to in this section this Act, and applies to a claim for harm Corps’ of the Public Health Service or to the as the ‘‘Secretary’’) under section 319 of the only if the act or omission that caused such ‘reserve’ of the Public Health Service shall Public Health Service Act (42 U.S.C. 247d) on harm occurred on or after the date of enact- be deemed to be a reference to the Ready Re- January 31, 2020, if— ment. serve Corps.’’. (1) the professional is providing health care (f) SUNSET.—This section shall be in effect (b) DEPLOYMENT READINESS.—Section services in response to such public health only for the length of the public health 203A(a)(1)(B) of the Public Health Service emergency, as a volunteer; and emergency declared by the Secretary of Act (42 U.S.C. 204a(a)(1)(B)) is amended by (2) the act or omission occurs— Health and Human Services (referred to in striking ‘‘Active Reserves’’ and inserting (A) in the course of providing health care this section as the ‘‘Secretary’’) under sec- ‘‘Ready Reserve Corps’’. services; tion 319 of the Public Health Service Act (42 (c) RETIREMENT OF COMMISSIONED OFFI- (B) in the health care professional’s capac- U.S.C. 247d) on January 31, 2020 with respect CERS.—Section 211 of the Public Health Serv- ity as a volunteer; to COVID-19. ice Act (42 U.S.C. 212) is amended— (C) in the course of providing health care SEC. 3216. FLEXIBILITY FOR MEMBERS OF NA- (1) by striking ‘‘the Service’’ each place it services that— TIONAL HEALTH SERVICE CORPS DURING EMERGENCY PERIOD. appears and inserting ‘‘the Regular Corps’’; (i) are within the scope of the license, reg- During the public health emergency de- (2) in subsection (a)(4), by striking ‘‘(in the istration, or certification of the volunteer, clared by the Secretary of Health and case of an officer in the Reserve Corps)’’; as defined by the State of licensure, registra- (3) in subsection (c)— Human Services under section 319 of the tion, or certification; and Public Health Service Act (42 U.S.C. 247d) on (A) in paragraph (1)— (ii) do not exceed the scope of license, reg- (i) by striking ‘‘or an officer of the Reserve January 31, 2020, with respect to COVID-19, istration, or certification of a substantially the Secretary may, notwithstanding section Corps’’; and similar health professional in the State in 333 of the Public Health Service Act (42 (ii) by inserting ‘‘or under section which such act or omission occurs; and U.S.C. 254f), assign members of the National 221(a)(19)’’ after ‘‘subsection (a)’’; and (D) in a good faith belief that the indi- Health Service Corps, with the voluntary (B) in paragraph (2), by striking ‘‘Regular vidual being treated is in need of health care agreement of such corps members, to provide or Reserve Corps’’ and inserting ‘‘Regular services. such health services at such places, and for Corps or Ready Reserve Corps’’; and (b) EXCEPTIONS.—Subsection (a) does not such number of hours, as the Secretary de- (4) in subsection (f), by striking ‘‘the Reg- apply if— termines necessary to respond to such emer- ular or Reserve Corps of’’. (1) the harm was caused by an act or omis- gency, provided that such places are within a (d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS sion constituting willful or criminal mis- reasonable distance of the site to which such AND SURVIVING BENEFICIARIES.—Section 221 conduct, gross negligence, reckless mis- members were originally assigned, and the of the Public Health Service Act (42 U.S.C. conduct, or a conscious flagrant indifference total number of hours required are the same 213a) is amended— to the rights or safety of the individual as were required of such members prior to (1) in subsection (a), by adding at the end harmed by the health care professional; or the date of enactment of this Act. the following: (2) the health care professional rendered Subpart C—Miscellaneous Provisions ‘‘(19) Chapter 1223, Retired Pay for Non- the health care services under the influence Regular Service. SEC. 3221. CONFIDENTIALITY AND DISCLOSURE (as determined pursuant to applicable State OF RECORDS RELATING TO SUB- ‘‘(20) Section 12601, Compensation: Reserve law) of alcohol or an intoxicating drug. STANCE USE DISORDER. on active duty accepting from any person. (c) PREEMPTION.— (a) CONFORMING CHANGES RELATING TO SUB- ‘‘(21) Section 12684, Reserves: separation (1) IN GENERAL.—This section preempts the STANCE USE DISORDER.—Subsections (a) and for absence without authority or sentence to laws of a State or any political subdivision (h) of section 543 of the Public Health Serv- imprisonment.’’; and of a State to the extent that such laws are ice Act (42 U.S.C. 290dd–2) are each amended (2) in subsection (b)— inconsistent with this section, unless such by striking ‘‘substance abuse’’ and inserting (A) by striking ‘‘Secretary of Health, Edu- laws provide greater protection from liabil- ‘‘substance use disorder’’. cation, and Welfare or his designee’’ and in- ity. (b) DISCLOSURES TO COVERED ENTITIES CON- serting ‘‘Secretary of Health and Human (2) VOLUNTEER PROTECTION ACT.—Protec- SISTENT WITH HIPAA.—Paragraph (1) of sec- Services or the designee of such secretary’’; tions afforded by this section are in addition tion 543(b) of the Public Health Service Act

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(42 U.S.C. 290dd–2(b)) is amended to read as wise authorized by a court order under sub- ‘‘(j) NOTIFICATION IN CASE OF BREACH.—The follows: section (b)(2)(C) or by the consent of the pa- provisions of section 13402 of the HITECH ‘‘(1) CONSENT.—The following shall apply tient, a record referred to in subsection (a), Act (42 U.S.C. 17932) shall apply to a program with respect to the contents of any record or testimony relaying the information con- or activity described in subsection (a), in referred to in subsection (a): tained therein, may not be disclosed or used case of a breach of records described in sub- ‘‘(A) Such contents may be used or dis- in any civil, criminal, administrative, or leg- section (a), to the same extent and in the closed in accordance with the prior written islative proceedings conducted by any Fed- same manner as such provisions apply to a consent of the patient with respect to whom eral, State, or local authority, against a pa- covered entity in the case of a breach of un- such record is maintained. tient, including with respect to the following secured protected health information.’’. ‘‘(B) Once prior written consent of the pa- activities: (i) REGULATIONS.— tient has been obtained, such contents may ‘‘(1) Such record or testimony shall not be (1) IN GENERAL.—The Secretary of Health be used or disclosed by a covered entity, entered into evidence in any criminal pros- and Human Services, in consultation with business associate, or a program subject to ecution or civil action before a Federal or appropriate Federal agencies, shall make this section for purposes of treatment, pay- State court. such revisions to regulations as may be nec- ment, and health care operations as per- ‘‘(2) Such record or testimony shall not essary for implementing and enforcing the mitted by the HIPAA regulations. Any infor- form part of the record for decision or other- amendments made by this section, such that mation so disclosed may then be redisclosed wise be taken into account in any proceeding such amendments shall apply with respect to in accordance with the HIPAA regulations. before a Federal, State, or local agency. uses and disclosures of information occur- Section 13405(c) of the Health Information ‘‘(3) Such record or testimony shall not be ring on or after the date that is 12 months Technology and Clinical Health Act (42 used by any Federal, State, or local agency after the date of enactment of this Act. U.S.C. 17935(c)) shall apply to all disclosures for a law enforcement purpose or to conduct (2) EASILY UNDERSTANDABLE NOTICE OF PRI- pursuant to subsection (b)(1) of this section. any law enforcement investigation. VACY PRACTICES.—Not later than 1 year after the date of enactment of this Act, the Sec- ‘‘(C) It shall be permissible for a patient’s ‘‘(4) Such record or testimony shall not be retary of Health and Human Services, in con- prior written consent to be given once for all used in any application for a warrant.’’. (f) PENALTIES.—Subsection (f) of section sultation with appropriate legal, clinical, such future uses or disclosures for purposes 543 of the Public Health Service Act (42 privacy, and civil rights experts, shall up- of treatment, payment, and health care oper- U.S.C. 290dd–2) is amended to read as follows: date section 164.520 of title 45, Code of Fed- ations, until such time as the patient re- ‘‘(f) PENALTIES.—The provisions of sections eral Regulations, so that covered entities vokes such consent in writing. 1176 and 1177 of the Social Security Act shall and entities creating or maintaining the ‘‘(D) Section 13405(a) of the Health Infor- apply to a violation of this section to the ex- records described in subsection (a) provide mation Technology and Clinical Health Act tent and in the same manner as such provi- notice, written in plain language, of privacy (42 U.S.C. 17935(a)) shall apply to all disclo- sions apply to a violation of part C of title practices regarding patient records referred sures pursuant to subsection (b)(1) of this XI of such Act. In applying the previous sen- to in section 543(a) of the Public Health section.’’. tence— Service Act (42 U.S.C. 290dd–2(a)), including— (c) DISCLOSURES OF DE-IDENTIFIED HEALTH ‘‘(1) the reference to ‘this subsection’ in INFORMATION TO PUBLIC HEALTH AUTHORI- (A) a statement of the patient’s rights, in- subsection (a)(2) of such section 1176 shall be cluding self-pay patients, with respect to TIES.—Paragraph (2) of section 543(b) of the treated as a reference to ‘this subsection (in- Public Health Service Act (42 U.S.C. 290dd– protected health information and a brief de- cluding as applied pursuant to section 543(f) scription of how the individual may exercise 2(b)), is amended by adding at the end the of the Public Health Service Act)’; and following: these rights (as required by subsection ‘‘(2) in subsection (b) of such section 1176— (b)(1)(iv) of such section 164.520); and ‘‘(D) To a public health authority, so long ‘‘(A) each reference to ‘a penalty imposed as such content meets the standards estab- (B) a description of each purpose for which under subsection (a)’ shall be treated as a the covered entity is permitted or required lished in section 164.514(b) of title 45, Code of reference to ‘a penalty imposed under sub- to use or disclose protected health informa- Federal Regulations (or successor regula- section (a) (including as applied pursuant to tion without the patient’s written authoriza- tions) for creating de-identified informa- section 543(f) of the Public Health Service tion (as required by subsection (b)(2) of such tion.’’. Act)’; and section 164.520). (d) DEFINITIONS.—Section 543 of the Public ‘‘(B) each reference to ‘no damages ob- Health Service Act (42 U.S.C. 290dd–2) is (j) RULES OF CONSTRUCTION.—Nothing in tained under subsection (d)’ shall be treated this Act or the amendments made by this amended by adding at the end the following: as a reference to ‘no damages obtained under ‘‘(k) DEFINITIONS.—For purposes of this Act shall be construed to limit— subsection (d) (including as applied pursuant section: (1) a patient’s right, as described in section to section 543(f) of the Public Health Service ‘‘(1) BREACH.—The term ‘breach’ has the 164.522 of title 45, Code of Federal Regula- Act)’.’’. tions, or any successor regulation, to request meaning given such term for purposes of the (g) ANTIDISCRIMINATION.—Section 543 of the a restriction on the use or disclosure of a HIPAA regulations. Public Health Service Act (42 U.S.C. 290dd–2) record referred to in section 543(a) of the ‘‘(2) BUSINESS ASSOCIATE.—The term ‘busi- is amended by inserting after subsection (h) ness associate’ has the meaning given such the following: Public Health Service Act (42 U.S.C. 290dd– term for purposes of the HIPAA regulations. ‘‘(i) ANTIDISCRIMINATION.— 2(a)) for purposes of treatment, payment, or ‘‘(3) COVERED ENTITY.—The term ‘covered ‘‘(1) IN GENERAL.—No entity shall discrimi- health care operations; or entity’ has the meaning given such term for nate against an individual on the basis of in- (2) a covered entity’s choice, as described purposes of the HIPAA regulations. formation received by such entity pursuant in section 164.506 of title 45, Code of Federal ‘‘(4) HEALTH CARE OPERATIONS.—The term to an inadvertent or intentional disclosure of Regulations, or any successor regulation, to ‘health care operations’ has the meaning records, or information contained in records, obtain the consent of the individual to use or given such term for purposes of the HIPAA described in subsection (a) in— disclose a record referred to in such section regulations. ‘‘(A) admission, access to, or treatment for 543(a) to carry out treatment, payment, or ‘‘(5) HIPAA REGULATIONS.—The term health care; health care operation. ‘HIPAA regulations’ has the meaning given ‘‘(B) hiring, firing, or terms of employ- (k) SENSE OF CONGRESS.—It is the sense of such term for purposes of parts 160 and 164 of ment, or receipt of worker’s compensation; the Congress that— title 45, Code of Federal Regulations. ‘‘(C) the sale, rental, or continued rental of (1) any person treating a patient through a ‘‘(6) PAYMENT.—The term ‘payment’ has housing; program or activity with respect to which the meaning given such term for purposes of ‘‘(D) access to Federal, State, or local the confidentiality requirements of section the HIPAA regulations. courts; or 543 of the Public Health Service Act (42 ‘‘(7) PUBLIC HEALTH AUTHORITY.—The term ‘‘(E) access to, approval of, or maintenance U.S.C. 290dd–2) apply is encouraged to access ‘public health authority’ has the meaning of social services and benefits provided or the applicable State-based prescription drug given such term for purposes of the HIPAA funded by Federal, State, or local govern- monitoring program when clinically appro- regulations. ments. priate; ‘‘(8) TREATMENT.—The term ‘treatment’ ‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No re- (2) patients have the right to request a re- has the meaning given such term for pur- cipient of Federal funds shall discriminate striction on the use or disclosure of a record poses of the HIPAA regulations. against an individual on the basis of infor- referred to in section 543(a) of the Public ‘‘(9) UNSECURED PROTECTED HEALTH INFOR- mation received by such recipient pursuant Health Service Act (42 U.S.C. 290dd–2(a)) for MATION.—The term ‘unprotected health in- to an intentional or inadvertent disclosure of treatment, payment, or health care oper- formation’ has the meaning given such term such records or information contained in ations; for purposes of the HIPAA regulations.’’. records described in subsection (a) in afford- (3) covered entities should make every rea- (e) USE OF RECORDS IN CRIMINAL, CIVIL, OR ing access to the services provided with such sonable effort to the extent feasible to com- ADMINISTRATIVE INVESTIGATIONS, ACTIONS, OR funds.’’. ply with a patient’s request for a restriction PROCEEDINGS.—Subsection (c) of section 543 (h) NOTIFICATION IN CASE OF BREACH.—Sec- regarding such use or disclosure; of the Public Health Service Act (42 U.S.C. tion 543 of the Public Health Service Act (42 (4) for purposes of applying section 164.501 290dd–2(c)) is amended to read as follows: U.S.C. 290dd–2), as amended by subsection of title 45, Code of Federal Regulations, the ‘‘(c) USE OF RECORDS IN CRIMINAL, CIVIL, OR (g), is further amended by inserting after definition of health care operations shall ADMINISTRATIVE CONTEXTS.—Except as other- subsection (i) the following: have the meaning given such term in such

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2091 section, except that clause (v) of paragraph project, described in section 502(c)(3) of the (V) by adding at the end the following: (6) shall not apply; and Older Americans Act of 1965 (42 U.S.C. ‘‘(iv) the use and collection of data dem- (5) programs creating records referred to in 3056(c)(3)) to an amount not to exceed 20 per- onstrating the effectiveness of such program section 543(a) of the Public Health Service cent of the grant amount if the Secretary de- in decreasing infant mortality rates and im- Act (42 U.S.C. 290dd–2(a)) should receive posi- termines that such increase is necessary to proving perinatal outcomes, as applicable, or tive incentives for discussing with their pa- adequately respond to the additional admin- the process by which new applicants plan to tients the benefits to consenting to share istrative needs to respond to the COVID–19 collect this data.’’; such records. public health emergency declared under sec- (3) in subsection (c)— SEC. 3222. NUTRITION SERVICES. tion 319 of the Public Health Service Act (42 (A) by striking ‘‘Recipients of grants’’ and (a) DEFINITIONS.—In this section, the terms U.S.C. 247d). inserting the following: ‘‘Assistant Secretary’’, ‘‘Secretary’’, ‘‘State SEC. 3224. GUIDANCE ON PROTECTED HEALTH ‘‘(1) IN GENERAL.—Recipients of grants’’; agency’’, and ‘‘area agency on aging’’ have INFORMATION. and the meanings given the terms in section 102 Not later than 180 days after the date of (B) by adding at the end the following: of the Older Americans Act of 1965 (42 U.S.C. enactment of this Act, the Secretary of ‘‘(2) OTHER PROGRAMS.—The Secretary 3002). Health and Human Services shall issue guid- shall ensure coordination of the program (b) NUTRITION SERVICES TRANSFER CRI- ance on the sharing of patients’ protected carried out pursuant to this section with TERIA.—During any portion of the COVID–19 health information pursuant to section other programs and activities related to the public health emergency declared under sec- 160.103 of title 45, Code of Federal Regula- reduction of the rate of infant mortality and tion 319 of the Public Health Service Act (42 tions (or any successor regulations) during improved perinatal and infant health out- U.S.C. 247d), the Secretary shall allow a the public health emergency declared by the comes supported by the Department.’’; State agency or an area agency on aging, Secretary of Health and Human Services (4) in subsection (e)— without prior approval, to transfer not more under section 319 of the Public Health Serv- (A) in paragraph (1), by striking ‘‘appro- than 100 percent of the funds received by the ice Act (42 U.S.C. 247d) with respect to priated—’’ and all that follows through the State agency or area agency on aging, re- COVID-19, during the emergency involving end and inserting ‘‘appropriated $125,500,000 spectively, and attributable to funds appro- Federal primary responsibility determined for each of fiscal years 2021 through 2025.’’; priated under paragraph (1) or (2) of section to exist by the President under section 501(b) and 303(b) of the Older Americans Act of 1965 (42 of the Robert T. Stafford Disaster Relief and (B) in paragraph (2)(B), by adding at the U.S.C. 3023(b)), between subpart 1 and sub- Emergency Assistance Act (42 U.S.C. 5191(b)) end the following: ‘‘Evaluations may also in- part 2 of part C (42 U.S.C. 3030d–2 et seq.) for with respect to COVID-19, and during the na- clude, to the extent practicable, information such use as the State agency or area agency tional emergency declared by the President related to— on aging, respectively, considers appropriate under the National Emergencies Act (50 ‘‘(i) progress toward achieving any grant to meet the needs of the State or area U.S.C. 1601 et seq.) with respect to COVID-19. metrics or outcomes related to reducing in- served. Such guidance shall include information on fant mortality rates, improving perinatal (c) HOME-DELIVERED NUTRITION SERVICES compliance with the regulations promul- outcomes, or reducing the disparity in WAIVER.—For purposes of State agencies’ de- gated pursuant to section 264(c) of the health status; termining the delivery of nutrition services Health Insurance Portability and Account- ‘‘(ii) recommendations on potential im- under section 337 of the Older Americans Act ability Act of 1996 (42 U.S.C. 1320d–2 note) provements that may assist with addressing of 1965 (42 U.S.C. 3030g), during the period of and applicable policies, including such poli- gaps, as applicable and appropriate; and the COVID–19 public health emergency de- cies that may come into effect during such ‘‘(iii) the extent to which the grantee co- clared under section 319 of the Public Health emergencies. ordinated with the community in which the Service Act (42 U.S.C. 247d), the same mean- SEC. 3225. REAUTHORIZATION OF HEALTHY grantee is located in the development of the ing shall be given to an individual who is un- START PROGRAM. project and delivery of services, including able to obtain nutrition because the indi- Section 330H of the Public Health Service with respect to technical assistance and vidual is practicing social distancing due to Act (42 U.S.C. 254c–8) is amended— mentorship programs.’’; and the emergency as is given to an individual (1) in subsection (a)— (5) by adding at the end the following: who is homebound by reason of illness. (A) in paragraph (1), by striking ‘‘, during ‘‘(f) GAO REPORT.— (d) DIETARY GUIDELINES WAIVER.—To fa- fiscal year 2001 and subsequent years,’’; and ‘‘(1) IN GENERAL.—Not later than 4 years cilitate implementation of subparts 1 and 2 (B) in paragraph (2), by inserting ‘‘or in- after the date of the enactment of this sub- of part C of title III of the Older Americans creasing above the national average’’ after section, the Comptroller General of the Act of 1965 (42 U.S.C. 3030d–2 et seq.) during ‘‘areas with high’’; United States shall conduct an independent any portion of the COVID–19 public health (2) in subsection (b)— evaluation, and submit to the appropriate emergency declared under section 319 of the (A) in paragraph (1), by striking ‘‘con- Committees of Congress a report, concerning Public Health Service Act (42 U.S.C. 247d), sumers of project services, public health de- the Healthy Start program under this sec- the Assistant Secretary may waive the re- partments, hospitals, health centers under tion. quirements for meals provided under those section 330’’ and inserting ‘‘participants and ‘‘(2) EVALUATION.—In conducting the eval- subparts to comply with the requirements of former participants of project services, pub- uation under paragraph (1), the Comptroller clauses (i) and (ii) of section 339(2)(A) of such lic health departments, hospitals, health General shall consider, as applicable and ap- Act (42 U.S.C. 3030g–21(2)(A)). centers under section 330, State substance propriate, information from the evaluations SEC. 3223. CONTINUITY OF SERVICE AND OPPOR- abuse agencies’’; and under subsection (e)(2)(B). TUNITIES FOR PARTICIPANTS IN COMMUNITY SERVICE ACTIVITIES (B) in paragraph (2)— ‘‘(3) REPORT.—The report described in para- UNDER TITLE V OF THE OLDER (i) in subparagraph (A), by striking ‘‘such graph (1) shall review, assess, and provide AMERICANS ACT OF 1965. as low birthweight’’ and inserting ‘‘including recommendations, as appropriate, on the fol- To ensure continuity of service and oppor- poor birth outcomes (such as low birth- lowing: tunities for participants in community serv- weight and preterm birth) and social deter- ‘‘(A) The allocation of Healthy Start pro- ice activities under title V of the Older minants of health’’; gram grants by the Health Resources and Americans Act of 1965 (42 U.S.C. 3056 et seq.), (ii) by redesignating subparagraph (B) as Services Administration, including consider- the Secretary of Labor— subparagraph (C); ations made by such Administration regard- (1)(A) may allow individuals participating (iii) by inserting after subparagraph (A), ing disparities in infant mortality or in projects under such title as of March 1, the following: perinatal outcomes among urban and rural 2020, to extend their participation for a pe- ‘‘(B) Communities with— areas in making such awards. riod that exceeds the period described in sec- ‘‘(i) high rates of infant mortality or poor ‘‘(B) Trends in the progress made toward tion 518(a)(3)(B)(i) of such Act (42 U.S.C. perinatal outcomes; or meeting the evaluation criteria pursuant to 3056p(a)(3)(B)(i)) if the Secretary determines ‘‘(ii) high rates of infant mortality or poor subsection (e)(2)(B), including programs such extension is appropriate due to the ef- perinatal outcomes in specific subpopula- which decrease infant mortality rates and fects of the COVID–19 public health emer- tions within the community.’’; and improve perinatal outcomes, programs that gency declared under section 319 of the Pub- (iv) in subparagraph (C) (as so redesig- have not decreased infant mortality rates or lic Health Service Act (42 U.S.C. 247d); and nated)— improved perinatal outcomes, and programs (B) may increase the average participation (I) by redesignating clauses (i) and (ii) as that have made an impact on disparities in cap for eligible individuals applicable to clauses (ii) and (iii), respectively; infant mortality or perinatal outcomes. grantees as described in section 502(b)(1)(C) (II) by inserting before clause (ii) (as so re- ‘‘(C) The ability of grantees to improve of the Older Americans Act of 1965 (42 U.S.C. designated) the following: health outcomes for project participants, 3056(b)(1)(C)) to a cap the Secretary deter- ‘‘(i) collaboration with the local commu- promote the awareness of the Healthy Start mines is appropriate due to the effects of the nity in the development of the project;’’; program services, incorporate and promote COVID–19 public health emergency declared (III) in clause (ii) (as so redesignated), by family participation, facilitate coordination under section 319 of the Public Health Serv- striking ‘‘and’’ at the end; with the community in which the grantee is ice Act (42 U.S.C. 247d); and (IV) in clause (iii) (as so redesignated), by located, and increase grantee accountability (2) may increase the amount available to striking the period and inserting ‘‘; and’’; through quality improvement, performance pay the authorized administrative costs for a and monitoring, evaluation, and the effect such

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metrics may have toward decreasing the rate to the authority under subclause (I), includ- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— of infant mortality and improving perinatal ing any outcomes, benefits, and risks associ- To carry out this section, there is authorized outcomes. ated with the use of such funds, and a de- to be appropriated $23,711,000 for each of fis- ‘‘(D) The extent to which such Federal pro- scription of the reasons for the use of such cal years 2021 through 2025.’’; grams are coordinated across agencies and authority for the project or projects.’’. (2) in section 740 (42 U.S.C. 293d)— the identification of opportunities for im- SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS. (A) in subsection (a), by striking proved coordination in such Federal pro- Chapter V of the Federal Food, Drug, and ‘‘$51,000,000 for fiscal year 2010, and such grams and activities.’’. Cosmetic Act (21 U.S.C. 351 et seq.) is amend- sums as may be necessary for each of the fis- SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY. ed by inserting after section 512 the fol- cal years 2011 through 2014’’ and inserting (a) IN GENERAL.—The Secretary of Health lowing: ‘‘$51,470,000 for each of fiscal years 2021 and Human Services (referred to in this sec- ‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS. through 2025’’; tion as the ‘‘Secretary’’) shall carry out a ‘‘(a) IN GENERAL.—The Secretary shall, at (B) in subsection (b), by striking ‘‘$5,000,000 national campaign to improve awareness of, the request of the sponsor intending to sub- for each of the fiscal years 2010 through 2014’’ and support outreach to the public and mit an application for approval of a new ani- and inserting ‘‘$1,190,000 for each of fiscal health care providers about the importance mal drug under section 512(b)(1) or an appli- years 2021 through 2025’’; and safety of blood donation and the need for cation for conditional approval of a new ani- (C) in subsection (c), by striking donations for the blood supply during the mal drug under section 571, expedite the de- ‘‘$60,000,000 for fiscal year 2010 and such sums public health emergency declared by the velopment and review of such new animal as may be necessary for each of the fiscal Secretary under section 319 of the Public drug if preliminary clinical evidence indi- years 2011 through 2014’’ and inserting Health Service Act (42 U.S.C. 247d) with re- cates that the new animal drug, alone or in ‘‘$15,000,000 for each of fiscal years 2021 spect to COVID-19. combination with 1 or more other animal through 2025’’; and (D) in subsection (d), by striking ‘‘Not (b) AWARENESS CAMPAIGN.—In carrying out drugs, has the potential to prevent or treat a Later than 6 months after the date of enact- subsection (a), the Secretary may enter into zoonotic disease in animals, including a vec- ment of this part, the Secretary shall pre- contracts with one or more public or private tor borne-disease, that has the potential to pare and submit to the appropriate commit- nonprofit entities, to establish a national cause serious adverse health consequences tees of Congress’’ and inserting: ‘‘Not later blood donation awareness campaign that for, or serious or life-threatening diseases in, than September 30, 2025, and every five years may include television, radio, internet, and humans. thereafter, the Secretary shall prepare and newspaper public service announcements, ‘‘(b) REQUEST FOR DESIGNATION.—The spon- submit to the Committee on Health, Edu- and other activities to provide for public and sor of a new animal drug may request the cation, Labor, and Pensions of the Senate, professional awareness and education. Secretary to designate a new animal drug de- and the Committee on Energy and Commerce (c) CONSULTATION.—In carrying out subscribed in subsection (a) as a priority of the House of Representatives,’’; section (a), the Secretary shall consult with zoonotic animal drug. A request for the des- (3) in section 747 (42 U.S.C. 293k)— the Commissioner of Food and Drugs, the As- ignation may be made concurrently with, or (A) in subsection (a)— sistant Secretary for Health, the Director of at any time after, the opening of an inves- (i) in paragraph (1)(G), by striking ‘‘to the Centers for Disease Control and Preven- tigational new animal drug file under sec- plan, develop, and operate a demonstration tion, the Director of the National Institutes tion 512(j) or the filing of an application program that provides training’’ and insert- of Health, and the heads of other relevant under section 512(b)(1) or 571. ing: ‘‘to plan, develop, and operate a program Federal agencies, and relevant accrediting ‘‘(c) DESIGNATION.— that identifies or develops innovative models bodies and representative organizations. ‘‘(1) IN GENERAL.—Not later than 60 cal- of providing care, and trains primary care (d) REPORT TO CONGRESS.—Not later than 2 endar days after the receipt of a request physicians on such models and’’; and years after the date of enactment of this under subsection (b), the Secretary shall de- (ii) by adding at the end the following: Act, the Secretary shall submit to the Com- termine whether the new animal drug that is ‘‘(3) PRIORITIES IN MAKING AWARDS.—In mittee on Health, Education, Labor, and the subject of the request meets the criteria awarding grants or contracts under para- Pensions of the Senate and the Committee described in subsection (a). If the Secretary graph (1), the Secretary may give priority to on Energy and Commerce of the House of determines that the new animal drug meets qualified applicants that train residents in Representatives, a report that shall in- the criteria, the Secretary shall designate rural areas, including for Tribes or Tribal clude— the new animal drug as a priority zoonotic Organizations in such areas.’’; (1) a description of the activities carried animal drug and shall take such actions as (B) in subsection (b)(3)(E), by striking out under subsection (a); are appropriate to expedite the development ‘‘substance-related disorders’’ and inserting (2) a description of trends in blood supply and review of the application for approval or ‘‘substance use disorders’’; and donations; and conditional approval of such new animal (C) in subsection (c)(1), by striking (3) an evaluation of the impact of the pub- drug. ‘‘$125,000,000 for fiscal year 2010, and such lic awareness campaign, including any geo- ‘‘(2) ACTIONS.—The actions to expedite the sums as may be necessary for each of fiscal graphic or population variations. development and review of an application years 2011 through 2014’’ and inserting PART III—INNOVATION under paragraph (1) may include, as appro- ‘‘$48,924,000 for each of fiscal years 2021 SEC. 3301. REMOVING THE CAP ON OTA DURING priate— through 2025’’; PUBLIC HEALTH EMERGENCIES. ‘‘(A) taking steps to ensure that the design (4) in section 748 (42 U.S.C. 293k–2)— Section 319L(c)(5)(A) of the Public Health of clinical trials is as efficient as prac- (A) in subsection (c)(5), by striking ‘‘sub- Service Act (42 U.S.C. 247d–7e(c)(5)(A)) is ticable, when scientifically appropriate, such stance-related disorders’’ and inserting ‘‘sub- amended— as by utilizing novel trial designs or drug de- stance use disorders’’; and (1) by redesignating clause (iii) as clause velopment tools (including biomarkers) that (B) in subsection (f), by striking (iv); and may reduce the number of animals needed ‘‘$30,000,000 for fiscal year 2010 and such sums (2) by inserting after clause (ii) the fol- for studies; as may be necessary for each of fiscal years lowing: ‘‘(B) providing timely advice to, and inter- 2011 through 2015’’ and inserting ‘‘$28,531,000 ‘‘(iii) AUTHORITY DURING A PUBLIC HEALTH active communication with, the sponsor for each of fiscal years 2021 through 2025’’; EMERGENCY.— (which may include meetings with the spon- (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), ‘‘(I) IN GENERAL.—Notwithstanding clause sor and review team) regarding the develop- by striking ‘‘Committee on Labor and (ii), the Secretary, shall, to the maximum ment of the new animal drug to ensure that Human Resources of the Senate, and the extent practicable, use competitive proce- the development program to gather the non- Committee on Commerce of the House of dures when entering into transactions to clinical and clinical data necessary for ap- Representatives’’ and inserting ‘‘Committee carry out projects under this subsection for proval is as efficient as practicable; on Health, Education, Labor, and Pensions of purposes of a public health emergency de- ‘‘(C) involving senior managers and review the Senate, and the Committee on Energy clared by the Secretary under section 319. staff with experience in zoonotic or vector- and Commerce of the House of Representa- Any such transactions entered into during borne disease to facilitate collaborative, tives’’; such public health emergency shall not be cross-disciplinary review, including, as ap- (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), terminated solely due to the expiration of propriate, across agency centers; and by striking ‘‘$125,000,000 for each of the fiscal such public health emergency, if such public ‘‘(D) implementing additional administra- years 2010 through 2014’’ and inserting health emergency ends before the comple- tive or process enhancements, as necessary, ‘‘$41,250,000 for each of fiscal years 2021 tion of the terms of such agreement. to facilitate an efficient review and develop- through 2025’’; ‘‘(II) REPORT.—After the expiration of the ment program.’’. (7) in section 754(b)(1)(A) (42 U.S.C. public health emergency declared by the PART IV—HEALTH CARE WORKFORCE 294d(b)(1)(A)), by striking ‘‘new and innova- Secretary under section 319, the Secretary SEC. 3401. REAUTHORIZATION OF HEALTH PRO- tive’’ and inserting ‘‘innovative or evidence- shall provide a report to the Committee on FESSIONS WORKFORCE PROGRAMS. based’’; Health, Education, Labor, and Pensions of Title VII of the Public Health Service Act (8) in section 755(b)(1)(A) (42 U.S.C. the Senate and the Committee on Energy (42 U.S.C. 292 et seq.) is amended— 294e(b)(1)(A)), by striking ‘‘the elderly’’ and and Commerce of the House of Representa- (1) in section 736 (42 U.S.C. 293), by striking inserting ‘‘geriatric populations or for ma- tives regarding the use of any funds pursuant subsection (i) and inserting the following: ternal and child health’’;

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2093 (9) in section 761(e) (42 U.S.C. 294n(e))— (D) identify barriers, if any, to imple- such manner, and containing such informa- (A) in paragraph (1)(A), by striking menting the actions identified under sub- tion as the Secretary may require. ‘‘$7,500,000 for each of fiscal years 2010 paragraph (C). ‘‘(5) PROGRAM REQUIREMENTS.— through 2014’’ and inserting ‘‘$5,663,000 for (b) COORDINATION WITH OTHER AGENCIES.— ‘‘(A) IN GENERAL.—In awarding grants, con- each of fiscal years 2021 through 2025’’; and The Secretary shall coordinate with the tracts, and cooperative agreements under (B) in paragraph (2), by striking ‘‘sub- heads of other Federal agencies and depart- paragraph (1), the Secretary— section (a)’’ and inserting ‘‘paragraph (1)’’; ments that fund or administer health care ‘‘(i) shall give priority to programs that (10) in section 762 (42 U.S.C. 294o)— workforce development programs, including demonstrate coordination with another Fed- (A) in subsection (a)(1), by striking ‘‘Com- education and training programs, to— eral or State program or another public or mittee on Labor and Human Resources’’ and (1) evaluate the performance of such pro- private entity; inserting ‘‘Committee on Health, Education, grams, including the extent to which such ‘‘(ii) shall give priority to applicants with Labor, and Pensions’’; programs are efficient and effective and are programs or activities that are expected to (B) in subsection (b)— meeting the nation’s health workforce needs; substantially benefit rural or medically un- (i) in paragraph (2), by striking ‘‘Health and derserved populations of older adults, or Care Financing Administration’’ and insert- (2) identify opportunities to improve the serve older adults in Indian Tribes or Tribal ing ‘‘Centers for Medicare & Medicaid Serv- quality and consistency of the information organizations; and ices’’; collected to evaluate within and across such ‘‘(iii) may give priority to any program (ii) by redesignating paragraphs (4) programs, and to implement such improve- that— through (6) as paragraphs (5) through (7), re- ments. ‘‘(I) integrates geriatrics into primary care spectively; and (c) REPORT.—Not later than 2 years after practice; (iii) by inserting after paragraph (3), the the date of enactment of this Act, the Sec- ‘‘(II) provides training to integrate geri- following: retary shall submit to the Committee on atric care into other specialties across care ‘‘(4) the Administrator of the Health Re- Health, Education, Labor, and Pensions of settings, including practicing clinical spe- sources and Services Administration;’’; the Senate, and the Committee on Energy cialists, health care administrators, faculty (C) by striking subsections (i), (j), and (k) and Commerce of the House of Representa- without backgrounds in geriatrics, and stu- and inserting the following: tives, a report describing the plan developed dents from all health professions; ‘‘(III) emphasizes integration of geriatric ‘‘(i) REPORTS.—Not later than September under subsection (a) and actions taken to implement such plan. care into existing service delivery locations 30, 2023, and not less than every 5 years and care across settings, including primary thereafter, the Council shall submit to the SEC. 3403. EDUCATION AND TRAINING RELATING care clinics, medical homes, Federally quali- TO GERIATRICS. Secretary, and to the Committee on Health, fied health centers, ambulatory care clinics, Section 753 of the Public Health Service Education, Labor, and Pensions of the Sen- critical access hospitals, emergency care, as- Act (42 U.S.C. 294c) is amended to read as fol- ate and the Committee on Energy and Com- sisted living and nursing facilities, and lows: merce of the House of Representatives, a re- home- and community-based services, which port on the recommendations described in ‘‘SEC. 753. EDUCATION AND TRAINING RELATING may include adult daycare; subsection (a).’’; and TO GERIATRICS. ‘‘(IV) supports the training and retraining (D) by redesignating subsection (l) as sub- ‘‘(a) GERIATRICS WORKFORCE ENHANCEMENT of faculty, primary care providers, other di- section (j); PROGRAM.— rect care providers, and other appropriate (11) in section 766(b)(1) (42 U.S.C. ‘‘(1) IN GENERAL.—The Secretary shall professionals on geriatrics; 295a(b)(1)), by striking ‘‘that plans’’ and all award grants, contracts, or cooperative ‘‘(V) emphasizes education and engage- that follows through the period and inserting agreements under this subsection to entities ment of family caregivers on disease man- ‘‘that plans, develops, operates, and evalu- described in paragraph (1), (3), or (4) of sec- agement and strategies to meet the needs of ates projects to improve preventive medi- tion 799B, section 801(2), or section 865(d), or caregivers of older adults; or cine, health promotion and disease preven- other health professions schools or programs ‘‘(VI) proposes to conduct outreach to com- tion, or access to and quality of health care approved by the Secretary, for the establish- munities that have a shortage of geriatric services in rural or medically underserved ment or operation of Geriatrics Workforce workforce professionals. communities.’’; Enhancement Programs that meet the re- ‘‘(B) SPECIAL CONSIDERATION.—In awarding (12) in section 770(a) (42 U.S.C. 295e(a)), by quirements of paragraph (2). grants, contracts, and cooperative agree- striking ‘‘$43,000,000 for fiscal year 2011, and ‘‘(2) REQUIREMENTS.— ments under this section, the Secretary shall such sums as may be necessary for each of ‘‘(A) IN GENERAL.—A Geriatrics Workforce give special consideration to entities that the fiscal years 2012 through 2015’’ and in- Enhancement Program receiving an award provide services in areas with a shortage of serting ‘‘$17,000,000 for each of fiscal years under this section shall support the training geriatric workforce professionals. 2021 through 2025’’; and of health professionals in geriatrics, includ- ‘‘(6) PRIORITY.—The Secretary may provide (13) in section 775(e) (42 U.S.C. 295f(e)), by ing traineeships or fellowships. Such pro- awardees with additional support for activi- striking ‘‘$30,000,000’’ and all that follows grams shall emphasize, as appropriate, pa- ties in areas of demonstrated need, which through the period and inserting ‘‘such sums tient and family engagement, integration of may include education and training for home as may be necessary for each of fiscal years geriatrics with primary care and other ap- health workers, family caregivers, and direct 2021 through 2025.’’. propriate specialties, and collaboration with care workers on care for older adults. community partners to address gaps in ‘‘(7) REPORTING.— SEC. 3402. HEALTH WORKFORCE COORDINATION. health care for older adults. ‘‘(A) REPORTS FROM ENTITIES.—Each entity (a) STRATEGIC PLAN.— ‘‘(B) ACTIVITIES.—Activities conducted by awarded a grant, contract, or cooperative (1) IN GENERAL.—Not later than 1 year after a program under this section may include agreement under this section shall submit an the date of enactment of this Act, the Sec- the following: annual report to the Secretary on the activi- retary of Health and Human Services (re- ‘‘(i) Clinical training on providing inte- ties conducted under such grant, contract, or ferred to in this Act as the ‘‘Secretary’’), in grated geriatrics and primary care delivery cooperative agreement, which may include consultation with the Advisory Committee services. information on the number of trainees, the on Training in Primary Care Medicine and ‘‘(ii) Interprofessional training to practi- number of professions and disciplines, the Dentistry and the Advisory Council on Grad- tioners from multiple disciplines and special- number of partnerships with health care de- uate Medical Education, shall develop a com- ties, including training on the provision of livery sites, the number of faculty and prac- prehensive and coordinated plan with respect care to older adults. ticing professionals who participated in such to the health care workforce development ‘‘(iii) Establishing or maintaining train- programs, and other information, as the Sec- programs of the Department of Health and ing-related community-based programs for retary may require. Human Services, including education and older adults and caregivers to improve ‘‘(B) REPORT TO CONGRESS.—Not later than training programs. health outcomes for older adults. 4 years after the date of enactment of the (2) REQUIREMENTS.—The plan under para- ‘‘(iv) Providing education on Alzheimer’s Title VII Health Care Workforce Reauthor- graph (1) shall— disease and related dementias to families ization Act of 2019 and every 5 years there- (A) include performance measures to deter- and caregivers of older adults, direct care after, the Secretary shall submit to the Com- mine the extent to which the programs de- workers, and health professions students, mittee on Health, Education, Labor, and scribed in paragraph (1) are strengthening faculty, and providers. Pensions of the Senate and the Committee the Nation’s health care system; ‘‘(3) DURATION.—Each grant, contract, or on Energy and Commerce of the House of (B) identify any gaps that exist between cooperative agreement or contract awarded Representatives a report that provides a the outcomes of programs described in para- under paragraph (1) shall be for a period not summary of the activities and outcomes as- graph (1) and projected health care work- to exceed 5 years. sociated with grants, contracts, and coopera- force needs identified in workforce projec- ‘‘(4) APPLICATIONS.—To be eligible to re- tive agreements made under this section. tion reports conducted by the Health Re- ceive a grant, contract, or cooperative agree- Such reports shall include— sources and Services Administration; ment under paragraph (1), an entity de- ‘‘(i) information on the number of trainees, (C) identify actions to address the gaps described in such paragraph shall submit to the faculty, and professionals who participated scribed in subparagraph (B); and Secretary an application at such time, in in programs under this section;

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‘‘(ii) information on the impact of the pro- ‘‘(A) AMOUNT.—The amount of an award fore the period at the end of the first sen- gram conducted under this section on the under this subsection shall be at least $75,000 tence; and health status of older adults, including in for fiscal year 2021, adjusted for subsequent (D) by adding at the end the following: areas with a shortage of health professionals; years in accordance with the consumer price ‘‘(i) BIENNIAL REPORT ON NURSING WORK- and index. The Secretary shall determine the FORCE PROGRAM IMPROVEMENTS.—Not later ‘‘(iii) information on outreach and edu- amount of an award under this subsection than September 30, 2020, and biennially cation provided under this section to fami- for individuals who are not physicians. thereafter, the Secretary shall submit to the lies and caregivers of older adults. ‘‘(B) DURATION.—The Secretary shall make Committee on Health, Education, Labor, and ‘‘(C) PUBLIC AVAILABILITY.—The Secretary awards under paragraph (1) for a period not Pensions of the Senate and the Committee shall make reports submitted under para- to exceed 5 years. on Energy and Commerce of the House of graph (B) publically available on the inter- ‘‘(6) SERVICE REQUIREMENT.—An individual Representatives, a report that contains an net website of the Department of Health and who receives an award under this subsection assessment of the programs and activities of Human Services. shall provide training in clinical geriatrics, the Department of Health and Human Serv- including the training of interprofessional ices related to enhancing the nursing work- ‘‘(b) GERIATRIC ACADEMIC CAREER teams of health care professionals. The pro- force, including the extent to which pro- AWARDS.— vision of such training shall constitute at grams and activities under this title meet ‘‘(1) ESTABLISHMENT OF PROGRAM.—The least 75 percent of the obligations of such in- the identified goals and performance meas- Secretary shall, as appropriate, establish or dividual under the award. ures developed for the respective programs maintain a program to provide geriatric aca- ‘‘(c) NONAPPLICABILITY OF PROVISION.—Not- and activities, and the extent to which the demic career awards to eligible entities ap- withstanding any other provision of this Department coordinates with other Federal plying on behalf of eligible individuals to title, section 791(a) shall not apply to awards departments regarding programs designed to promote the career development of such in- made under this section. improve the nursing workforce.’’; dividuals as academic geriatricians or other ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (5) in section 811 (42 U.S.C. 296j)— academic geriatrics health professionals. There is authorized to be appropriated (A) in subsection (b)— ‘‘(2) ELIGIBILITY.— $40,737,000 for each of fiscal years 2021 (i) by striking ‘‘Master’s’’ and inserting ‘‘(A) ELIGIBLE ENTITY.—For purposes of through 2025 for purposes of carrying out this ‘‘graduate’’; and this subsection, the term ‘eligible entity’ section.’’. (ii) by inserting ‘‘clinical nurse leaders,’’ means— SEC. 3404. NURSING WORKFORCE DEVELOPMENT. after ‘‘nurse administrators,’’; ‘‘(i) an entity described in paragraph (1), (a) IN GENERAL.—Title VIII of the Public (B) by redesignating subsections (f) and (g) (3), or (4) of section 799B or section 801(2); or Health Service Act (42 U.S.C. 296 et seq.) is as subsections (g) and (h), respectively; and ‘‘(ii) another accredited health professions amended— (C) by inserting after subsection (e), the school or graduate program approved by the (1) in section 801 (42 U.S.C. 296), by adding following: Secretary. at the end the following: ‘‘(f) AUTHORIZED CLINICAL NURSE SPE- ‘‘(B) ELIGIBLE INDIVIDUAL.—For purposes of ‘‘(18) NURSE MANAGED HEALTH CLINIC.—The CIALIST PROGRAMS.—Clinical nurse specialist this subsection, the term ‘eligible individual’ term ‘nurse managed health clinic’ means a programs eligible for support under this sec- means an individual who— nurse-practice arrangement, managed by ad- tion are education programs that— ‘‘(i)(I) is board certified or board eligible in vanced practice nurses, that provides pri- ‘‘(1) provide registered nurses with full- internal medicine, family practice, psychi- mary care or wellness services to under- time clinical nurse specialist education; and atry, or licensed dentistry, or has completed served or vulnerable populations and that is ‘‘(2) have as their objective the education required training in a discipline and is em- associated with a school, college, university of clinical nurse specialists who will, upon ployed in an accredited health professions or department of nursing, federally qualified completion of such a program, be qualified school or graduate program that is approved health center, or independent nonprofit to effectively provide care through the by the Secretary; or health or social services agency.’’; wellness and illness continuum to inpatients ‘‘(II) has completed an approved fellowship (2) in section 802(c) (42 U.S.C. 296a(c)), by and outpatients experiencing acute and program in geriatrics, or has completed spe- inserting ‘‘, and how such project aligns with chronic illness.’’; and cialty training in geriatrics as required by the goals in section 806(a)’’ before the period (6) in section 831 (42 U.S.C. 296p)— the discipline and any additional geriatrics in the second sentence; (A) in the section heading, by striking training as required by the Secretary; and (3) in section 803(b) (42 U.S.C. 296b(b)), by ‘‘AND QUALITY GRANTS’’ and inserting ‘‘QUAL- ‘‘(ii) has a junior, nontenured, faculty ap- adding at the end the following: ‘‘Such Fed- ITY, AND RETENTION GRANTS’’; pointment at an accredited health profes- eral funds are intended to supplement, not (B) in subsection (b)(2), by striking ‘‘other sions school or graduate program in geri- supplant, existing non-Federal expenditures high-risk groups such as the elderly, individ- atrics or a geriatrics health profession. for such activities.’’; uals with HIV/AIDS, substance abusers, the ‘‘(C) CLARIFICATION.—If an eligible indi- (4) in section 806 (42 U.S.C. 296e)— homeless, and victims’’ and inserting ‘‘high vidual is promoted during the period of an (A) in subsection (a), by striking ‘‘as need- risk groups, such as the elderly, individuals award under this subsection and thereby no ed to’’ and all that follows and inserting the with HIV/AIDS, individuals with mental longer meets the criteria of subparagraph following: ‘‘as needed to address national health or substance use disorders, individ- (B)(ii), the individual shall continue to be nursing needs, including— uals who are homeless, and survivors’’; treated as an eligible individual through the ‘‘(1) addressing challenges, including (C) in subsection (c)(1)— term of the award. through supporting training and education (i) in subparagraph (A)— ‘‘(3) APPLICATION REQUIREMENTS.—In order of nursing students, related to the distribu- (I) by striking ‘‘advancement for nursing to receive an award under paragraph (1), an tion of the nursing workforce and existing or personnel’’ and inserting the following: ‘‘ad- eligible entity, on behalf of an eligible indi- projected nursing workforce shortages in ge- vancement for— vidual, shall— ographic areas that have been identified as ‘‘(i) nursing’’; ‘‘(A) submit to the Secretary an applica- having, or that are projected to have, a nurs- (II) by striking ‘‘professional nurses, ad- tion, at such time, in such manner, and con- ing shortage; vanced education nurses, licensed practical taining such information as the Secretary ‘‘(2) increasing access to and the quality of nurses, certified nurse assistants, and home may require; health care services, including by supporting health aides’’ and inserting ‘‘professional ‘‘(B) provide, in such form and manner as the training of professional registered registered nurses, advanced practice reg- the Secretary may require, assurances that nurses, advanced practice registered nurses, istered nurses, and nurses with graduate the eligible individual will meet the service and advanced education nurses within com- nursing education’’; and requirement described in paragraph (6); and munity based settings and in a variety of (III) by adding at the end the following: ‘‘(C) provide, in such form and manner as health delivery system settings; or ‘‘(ii) individuals including licensed prac- the Secretary may require, assurances that ‘‘(3) addressing the strategic goals and pri- tical nurses, licensed vocational nurses, cer- the individual has a full-time faculty ap- orities identified by the Secretary and that tified nurse assistants, home health aides, pointment in a health professions institution are in accordance with this title. diploma degree or associate degree nurses, and documented commitment from such eli- Contracts may be entered into under this and other health professionals, such as gible entity that the individual will spend 75 title with public or private entities as deter- health aides or community health practi- percent of the individual’s time that is sup- mined necessary by the Secretary.’’; tioners certified under the Community ported by the award on teaching and devel- (B) in subsection (b)(2), by striking ‘‘a dem- Health Aide Program of the Indian Health oping skills in interdisciplinary education in onstration’’ and all that follows and insert- Service, to become registered nurses with geriatrics. ing the following: ‘‘the reporting of data and baccalaureate degrees or nurses with grad- ‘‘(4) EQUITABLE DISTRIBUTION.—In making information demonstrating that satisfactory uate nursing education;’’; awards under this subsection, the Secretary progress has been made by the program or (ii) in subparagraph (B), by striking the pe- shall seek to ensure geographical distribu- project in meeting the performance outcome riod and inserting ‘‘; and’’; and tion among award recipients, including standards (as described in section 802) of (iii) by adding at the end the following: among rural or medically underserved areas such program or project.’’; ‘‘(C) developing and implementing intern- of the United States. (C) in subsection (e)(2), by inserting ‘‘, and ships, accredited fellowships, and accredited ‘‘(5) AMOUNT AND DURATION.— have relevant expertise and experience’’ be- residency programs in collaboration with

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2095 one or more accredited schools of nursing, to (D) information on the number of nurses qualifying emergency, an institution may encourage the mentoring and development of assigned to facilities pursuant to such pro- transfer up to 100 percent of the institution’s specialties.’’; grams, including the type of facility to unexpended allotment under section 442 of (D) by striking subsections (e) and (h); which nurses are assigned and the impact of such Act to the institution’s allotment (E) by redesignating subsections (f) and (g), modifying the eligibility requirements for under section 413D of such Act, but may not as subsections (e) and (f), respectively; programs under section 846 of the Public transfer any funds from the institution’s un- (F) in subsection (e) (as so redesignated), Health Service Act (42 U.S.C. 297n), such as expended allotment under section 413D of by striking ‘‘The Secretary shall submit to the impact on entities to which nurses had such Act to the institution’s allotment the Congress before the end of each fiscal previously been assigned prior to fiscal year under section 442 of such Act. year’’ and inserting ‘‘As part of the report on 2019 (such as federally qualified health cen- SEC. 3504. USE OF SUPPLEMENTAL EDU- nursing workforce programs described in sec- ters and facilities affiliated with the Indian CATIONAL OPPORTUNITY GRANTS tion 806(i), the Secretary shall include’’; and Health Service). FOR EMERGENCY AID. (G) in subsection (f) (as so redesignated), (2) REPORT.—Not later than 18 months (a) IN GENERAL.—Notwithstanding section by striking ‘‘a school of nursing, as defined after the enactment of this Act, the Comp- 413B of the Higher Education Act of 1965 (20 in section 801(2),,’’ and inserting ‘‘an accred- troller General shall submit to the Com- U.S.C. 1070b–1), an institution of higher edu- ited school of nursing, as defined in section mittee on Health, Education, Labor, and cation may reserve any amount of an insti- 801(2), a health care facility, including feder- Pensions of the Senate and the Committee tution’s allocation under subpart 3 of part A ally qualified health centers or nurse-man- on Energy and Commerce of the House of of title IV of the Higher Education Act of aged health clinics, or a partnership of such Representatives, a report on the evaluation 1965 (20 U.S.C. 1070b et seq.) for a fiscal year a school and facility’’; under paragraph (1), which may include rec- to award, in such fiscal year, emergency fi- (7) by striking section 831A (42 U.S.C. 296p– ommendations to improve relevant nursing nancial aid grants to assist undergraduate or 1); workforce loan repayment programs. graduate students for unexpected expenses and unmet financial need as the result of a (8) in section 846 (42 U.S.C. 297n)— Subtitle B—Education Provisions (A) by striking the last sentence of sub- qualifying emergency. SEC. 3501. SHORT TITLE. (b) DETERMINATIONS.—In determining eligi- section (a); This subtitle may be cited as the ‘‘COVID- bility for and awarding emergency financial (B) in subsection (b)(1), by striking ‘‘he 19 Pandemic Education Relief Act of 2020’’. aid grants under this section, an institution began such practice’’ and inserting ‘‘the indi- SEC. 3502. DEFINITIONS. of higher education may— vidual began such practice’’; and (a) DEFINITIONS.—In this subtitle: (1) waive the amount of need calculation (C) in subsection (i), by striking ‘‘FUND- (1) CORONAVIRUS.—The term ‘‘coronavirus’’ under section 471 of the Higher Education ING’’ in the subsection heading and all that has the meaning given the term in section Act of 1965 (20 U.S.C. 1087kk); follows through ‘‘paragraph (1)’’ in para- 506 of the Coronavirus Preparedness and Re- (2) allow for a student affected by a quali- graph (2), and inserting the following: ‘‘AL- sponse Supplemental Appropriations Act, fying emergency to receive funds in an LOCATIONS.—Of the amounts appropriated 2020 (Public Law 116–123). amount that is not more than the maximum under section 871(b),’’; (2) FOREIGN INSTITUTION.—The term ‘‘for- Federal Pell Grant for the applicable award (9) in section 846A (42 U.S.C. 247n–1), by eign institution’’ means an institution of year; and striking subsection (f); higher education located outside the United (3) utilize a contract with a scholarship- (10) in section 847 (42 U.S.C. 297o), by strik- States that is described in paragraphs (1)(C) granting organization designated for the sole ing subsection (g); and (2) of section 102(a) of the Higher Edu- purpose of accepting applications from or (11) in section 851 (42 U.S.C. 297t)— cation Act of 1965 (20 U.S.C. 1002(a)). disbursing funds to students enrolled in the (A) in subsection (b)(1)(A)(iv), by striking (3) INSTITUTION OF HIGHER EDUCATION.—The institution of higher education, if such ‘‘and nurse anesthetists’’ and inserting term ‘‘institution of higher education’’ has scholarship-granting organization disburses ‘‘nurse anesthetists, and clinical nurse spe- the meaning of the term under section 102 of the full allocated amount provided to the in- cialists’’; the Higher Education Act of 1965 (20 U.S.C. stitution of higher education to the recipi- (B) in subsection (d)(3)— 1002). ents. (i) by striking ‘‘3 years after the date of en- (4) QUALIFYING EMERGENCY.—The term (c) SPECIAL RULE.—Any emergency finan- actment of this section’’ and inserting ‘‘2 ‘‘qualifying emergency’’ means— cial aid grants to students under this section years after the date of enactment of the (A) a public health emergency related to shall not be treated as other financial assist- Title VIII Nursing Reauthorization Act’’; the coronavirus declared by the Secretary of ance for the purposes of section 471 of the (ii) by striking ‘‘Labor and Human Re- Health and Human Services pursuant to sec- Higher Education Act of 1965 (20 U.S.C. sources’’ and inserting ‘‘Health, Education, tion 319 of the Public Health Service Act (42 1087kk). Labor, and Pensions’’; and U.S.C. 247d); SEC. 3505. FEDERAL WORK-STUDY DURING A (iii) by inserting ‘‘Energy and’’ before (B) an event related to the coronavirus for QUALIFYING EMERGENCY. ‘‘Commerce’’; and which the President declared a major dis- (a) IN GENERAL.—In the event of a quali- (C) in subsection (g), by striking ‘‘under aster or an emergency under section 401 or fying emergency, an institution of higher this title’’ and inserting ‘‘for carrying out 501, respectively, of the Robert T. Stafford education participating in the program parts B, C, and D’’; Disaster Relief and Emergency Assistance under part C of title IV of the Higher Edu- (12) by striking sections 861 and 862 (42 Act (42 U.S.C. 5170 and 5191); or cation Act of 1965 (20 U.S.C. 1087–51 et seq.) U.S.C. 297w and 297x); and (C) a national emergency related to the may make payments under such part to af- (13) in section 871 (42 U.S.C. 298d)— coronavirus declared by the President under fected work-study students, for the period of (A) by striking ‘‘For the purpose of’’ and section 201 of the National Emergencies Act time (not to exceed one academic year) in inserting the following: (50 U.S.C. 1601 et seq.). which affected students were unable to fulfill ‘‘(a) IN GENERAL.—For the purpose of’’; (5) SECRETARY.—The term ‘‘Secretary’’ the students’ work-study obligation for all (B) by striking ‘‘$338,000,000 for fiscal year means the Secretary of Education. or part of such academic year due to such 2010, and such sums as may be necessary for SEC. 3503. CAMPUS-BASED AID WAIVERS. qualifying emergency, as follows: each of the fiscal years 2011 through 2016’’ (a) WAIVER OF NON-FEDERAL SHARE RE- (1) Payments may be made under such part and inserting ‘‘$137,837,000 for each of fiscal QUIREMENT.—Notwithstanding sections to affected work-study students in an years 2021 through 2025’’; and 413C(a)(2) and 443(b)(5) of the Higher Edu- amount equal to or less than the amount of (C) by adding at the end the following: cation Act of 1965 (20 U.S.C. 1070b–2(a)(2) and wages such students would have been paid ‘‘(b) PART E.—For the purpose of carrying 1087–53(b)(5)), with respect to funds made under such part had the students been able out part E, there are authorized to be appro- available for award years 2019-2020 and 2020- to complete the work obligation necessary to priated $117,135,000 for each of the fiscal 2021, the Secretary shall waive the require- receive work study funds, as a one time years 2021 through 2025.’’. ment that a participating institution of grant or as multiple payments. (b) EVALUATION AND REPORT ON NURSE higher education provide a non-Federal share (2) Payments shall not be made to any stu- LOAN REPAYMENT PROGRAMS.— to match Federal funds provided to the insti- dent who was not eligible for work study or (1) EVALUATION.—The Comptroller General tution for the programs authorized pursuant was not completing the work obligation nec- shall conduct an evaluation of the nurse loan to subpart 3 of part A and part C of title IV essary to receive work study funds under repayment programs administered by the of the Higher Education Act of 1965 (20 U.S.C. such part prior to the occurrence of the Health Resources and Services Administra- 1070b et seq. and 1087–51 et seq.) for all qualifying emergency. tion. Such evaluation shall include— awards made under such programs during (3) Any payments made to affected work- (A) the manner in which payments are such award years, except nothing in this sub- study students under this subsection shall made under such programs; section shall affect the non-Federal share re- meet the matching requirements of section (B) the existing oversight functions nec- quirement under section 443(c)(3) that ap- 443 of the Higher Education Act of 1965 (20 essary to ensure the proper use of such pro- plies to private for-profit organizations. U.S.C. 1087–53), unless such matching re- grams, including payments made as part of (b) AUTHORITY TO REALLOCATE.—Notwith- quirements are waived by the Secretary. such programs; standing sections 413D, 442, and 488 of the (b) DEFINITION OF AFFECTED WORK-STUDY (C) the identification of gaps, if any, in Higher Education Act of 1965 (20 U.S.C. 1070b– STUDENT.—In this section, the term ‘‘af- oversight functions; and 3, 1087–52, and 1095), during a period of a fected work-study student’’ means a student

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2096 CONGRESSIONAL RECORD — SENATE March 25, 2020 enrolled at an eligible institution partici- withdraws from the institution of higher pates in the Federal Direct Loan Program pating in the program under part C of title education during the payment period as a re- under part D of title IV of the Higher Edu- IV of the Higher Education Act of 1965 (20 sult of a qualifying emergency. cation Act of 1965 (20 U.S.C. 1087a et seq.) for U.S.C. 1087–51 et seq.) who— (d) APPROVED LEAVE OF ABSENCE.—Not- the purpose of allowing a student of the for- (1) received a work-study award under sec- withstanding any other provision of the eign institution who is a borrower of a loan tion 443 of the Higher Education Act of 1965 Higher Education Act of 1965 (20 U.S.C. 1001 made under such part to take courses from (20 U.S.C. 1087–53) for the academic year dur- et seq.), for purposes of receiving assistance the institution of higher education located ing which a qualifying emergency occurred; under title IV of the Higher Education Act of in the United States. (2) earned Federal work-study wages from 1965 (20 U.S.C. 1070 et seq.), an institution of (2) FORM OF ARRANGEMENTS.— such eligible institution for such academic higher education may, as a result of a quali- (A) PUBLIC OR OTHER NONPROFIT INSTITU- year; and fying emergency, provide a student with an TIONS.—A foreign institution that is a public (3) was prevented from fulfilling the stu- approved leave of absence that does not re- or other nonprofit institution may enter into dent’s work-study obligation for all or part quire the student to return at the same point a written arrangement under subsection (a) of such academic year due to such qualifying in the academic program that the student only with an institution of higher education emergency. began the leave of absence if the student re- described in section 101 of such Act (20 U.S.C. SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN turns within the same semester (or the 1001). USAGE LIMITS. equivalent). (B) OTHER INSTITUTIONS.—A foreign institu- Notwithstanding section 455(q)(3) of the SEC. 3509. SATISFACTORY ACADEMIC PROGRESS. tion that is a graduate medical school, nurs- Higher Education Act of 1965 (20 U.S.C. Notwithstanding section 484 of the Higher ing school, or a veterinary school and that is 1087e(q)(3)), the Secretary shall exclude from Education Act of 1965 (20 U.S.C. 1091), in de- not a public or other nonprofit institution a student’s period of enrollment for purposes termining whether a student is maintaining may enter into a written arrangement under of loans made under part D of title IV of the satisfactory academic progress for purposes subsection (a) with an institution of higher Higher Education Act of 1965 (20 U.S.C. 1087a of title IV of the Higher Education Act of education described in section 101 or section et seq.) any semester (or the equivalent) that 1965 (20 U.S.C. 1070 et seq.), an institution of 102 of such Act (20 U.S.C. 1001 and 1002). the student does not complete due to a quali- higher education may, as a result of a quali- (3) REPORT ON USE.—An institution of high- fying emergency, if the Secretary is able to fying emergency, exclude from the quan- er education that uses the authority de- administer such policy in a manner that lim- titative component of the calculation any scribed in paragraph (2) shall report such use its complexity and the burden on the stu- attempted credits that were not completed to the Secretary— dent. by such student without requiring an appeal (A) for the 2019–2020 award year, not later SEC. 3507. EXCLUSION FROM FEDERAL PELL by such student. than June 30, 2020; and GRANT DURATION LIMIT. SEC. 3510. CONTINUING EDUCATION AT AF- (B) for an award year subsequent to the The Secretary shall exclude from a stu- FECTED FOREIGN INSTITUTIONS. 2019–2020 award year, not later than 30 days dent’s Federal Pell Grant duration limit (a) IN GENERAL.—Notwithstanding section after such use. under section 401(c)(5) of the Higher Edu- 481(b) of the Higher Education Act of 1965 (20 (4) REPORT FROM THE SECRETARY.—Not cation Act of 1965 (2 U.S.C. 1070a(c)(5)) any U.S.C. 1088(b)), with respect to a foreign in- later than 180 days after the date of enact- semester (or the equivalent) that the student stitution, in the case of a public health ment of this Act, and every 180 days there- does not complete due to a qualifying emer- emergency, major disaster or emergency, or after for the duration of the qualifying emergency if the Secretary is able to administer national emergency declared by the applica- gency and the following payment period, the such policy in a manner that limits com- ble government authorities in the country in Secretary shall submit to the authorizing plexity and the burden on the student. which the foreign institution is located, the committees (as defined in section 103 of the SEC. 3508. INSTITUTIONAL REFUNDS AND FED- Secretary may permit any part of an other- Higher Education Act of 1965 (20 U.S.C. 1003)) ERAL STUDENT LOAN FLEXIBILITY. wise eligible program to be offered via dis- a report that identifies each foreign institu- (a) INSTITUTIONAL WAIVER.— tance education for the duration of such tion that entered into a written arrangement (1) IN GENERAL.—The Secretary shall waive emergency or disaster and the following pay- authorized under subsection (a). the institutional requirement under section ment period for purposes of title IV of the SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL 484B of the Higher Education Act of 1965 (20 Higher Education Act of 1965 (20 U.S.C. 1070 WAIVERS. U.S.C. 1091b) with respect to the amount of et seq.). (a) IN GENERAL.—Notwithstanding any grant or loan assistance (other than assist- (b) ELIGIBILITY.—An otherwise eligible pro- other provision of law, the Secretary may, ance received under part C of title IV of such gram that is offered in whole or in part upon the request of a State educational Act) to be returned under such section if a through distance education by a foreign in- agency or Indian tribe, waive any statutory recipient of assistance under title IV of the stitution between March 1, 2020, and the date or regulatory provision described under para- Higher Education Act of 1965 (20 U.S.C. 1070 of enactment of this Act shall be deemed eli- graphs (1) and (2) of subsection (b), and upon et seq.) withdraws from the institution of gible for the purposes of part D of title IV of the request of a local educational agency, higher education during the payment period the Higher Education Act of 1965 (20 U.S.C. waive any statutory or regulatory provision or period of enrollment as a result of a quali- 1087a et seq.) for the duration of the quali- described under paragraph (2) of subsection fying emergency. fying emergency and the following payment (b), if the Secretary determines that such a (2) WAIVERS.—The Secretary shall require period for purposes of title IV of the Higher waiver is necessary and appropriate due to each institution using a waiver relating to Education Act of 1965 (20 U.S.C. 1070 et seq.). the emergency involving Federal primary re- the withdrawal of recipients under this sub- An institution of higher education that uses sponsibility determined to exist by the section to report the number of such recipi- the authority provided in the previous sen- President under the section 501(b) of the ents, the amount of grant or loan assistance tence shall report such use to the Sec- Robert T. Stafford Disaster Relief and Emer- (other than assistance received under part C retary— gency Assistance Act (42 U.S.C. 5191(b)) with of title IV of such Act) associated with each (1) for the 2019–2020 award year, not later respect to the Coronavirus Disease 2019 such recipient, and the total amount of than June 30, 2020; and (COVID-19). grant or loan assistance (other than assist- (2) for an award year subsequent to the (b) APPLICABLE PROVISIONS OF LAW.— ance received under part C of title IV of such 2019–2020 award year, not later than 30 days (1) STREAMLINED WAIVERS.—The Secretary Act) for which each institution has not re- after such use. shall create an expedited application process turned assistance under title IV to the Sec- (c) REPORT.—Not later than 180 days after to request a waiver and the Secretary may retary. the date of enactment of this Act, and every waive any statutory or regulatory require- (b) STUDENT WAIVER.—The Secretary shall 180 days thereafter for the duration of the ments for a State educational agency (re- waive the amounts that students are re- qualifying emergency and the following pay- lated to assessments, accountability, and required to return under section 484B of the ment period, the Secretary shall submit to porting requirements related to assessments Higher Education Act of 1965 (20 U.S.C. 1091b) the authorizing committees (as defined in and accountability), if the Secretary deter- with respect to Federal Pell Grants or other section 103 of the Higher Education Act of mines that such a waiver is necessary and grant assistance if the withdrawals on which 1965 (20 U.S.C. 1003)) a report that identifies appropriate as described in subsection (a), the returns are based, are withdrawals by each foreign institution that carried out a under the following provisions of law: students who withdrew from the institution distance education program authorized (A) The following provisions under section of higher education as a result of a quali- under this section. 1111 of the Elementary and Secondary Edu- fying emergency. (d) WRITTEN ARRANGEMENTS.— cation Act of 1965 (20 U.S.C. 6311): (c) CANCELING LOAN OBLIGATION.—Notwith- (1) IN GENERAL.—Notwithstanding section (i) Paragraphs (2) and (3) of subsection (b). standing any other provision of the Higher 102 of the Higher Education Act of 1965 (20 (ii) Subsection (c)(4). Education Act of 1965 (20 U.S.C. 1001 et seq.), U.S.C. 1002), for the duration of a qualifying (iii) Subparagraphs (C) and (D) of sub- the Secretary shall cancel the borrower’s ob- emergency and the following payment pe- section (d)(2). ligation to repay the entire portion of a loan riod, the Secretary may allow a foreign in- (iv) The following provisions under sub- made under part D of title IV of such Act (20 stitution to enter into a written arrange- section (h) of such section 1111: U.S.C. 1087a et seq.) associated with a payment with an institution of higher education (I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi), ment period for a recipient of such loan who located in the United States that partici- (vii), and (xi) of paragraph (1)(C).

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(II) Paragraph (2)(C) with respect to the (A) IN GENERAL.—Except as provided under termination and Education Assistance Act waived requirements under subclause (I). subparagraph (B), the Secretary shall ap- (25 U.S.C. 5301 et seq.). (III) Clauses (i) and (ii) of paragraph (2)(C). prove or disapprove a waiver request sub- SEC. 3512. HBCU CAPITAL FINANCING. (B) Section 421(b) of the General Education mitted under paragraph (1) not more than 30 (a) DEFERMENT PERIOD.— Provisions Act (20 U.S.C. 1225(b)). days after the date on which such request is (1) IN GENERAL.—Notwithstanding any pro- (2) STATE AND LOCALLY-REQUESTED WAIV- submitted. vision of title III of the Higher Education ERS.—For a State educational agency, local (B) EXCEPTIONS.—The Secretary may dis- Act of 1965 (20 U.S.C. 1051 et seq.), or any reg- educational agency, or Indian tribe that re- approve a waiver request submitted under ulation promulgated under such title, the ceives funds under a program authorized paragraph (1), only if the Secretary deter- Secretary may grant a deferment, for the du- under the Elementary and Secondary Edu- mines that— ration of a qualifying emergency, to an insti- cation Act of 1965 (20 U.S.C. 6301 et seq.) that (i) the waiver request does not meet the re- tution that has received a loan under part D requests a waiver under subsection (c), the quirements of this section; of title III of such Act (20 U.S.C. 1066 et seq.). Secretary may waive statutory and regu- (ii) the waiver is not permitted pursuant to (2) TERMS.—During the deferment period latory requirements under any of the fol- subsection (b)(2); or granted under this subsection— lowing provisions of such Act: (iii) the description required under para- (A) the institution shall not be required to (A) Section 1114(a)(1). graph (2)(C) provides insufficient informa- pay any periodic installment of principal or (B) Section 1118(a) and section 8521. tion to demonstrate that the waiving of such interest required under the loan agreement (C) Section 1127. requirements is necessary or appropriate for such loan; and (D) Section 4106(d). consistent with subsection (a). (B) the Secretary shall make principal and (E) Subparagraphs (C), (D), and (E) of sec- (4) DURATION.—A waiver approved by the interest payments otherwise due under the tion 4106(e)(2). Secretary under this section may be for a pe- loan agreement. (F) Section 4109(b). riod not to exceed the 2019–2020 academic (3) CLOSING.—At the closing of a loan de- (G) The definition under section 8101(42) for year, except to carry out full implementa- ferred under this subsection, terms shall be purposes of the Elementary and Secondary tion of any maintenance of effort waivers set under which the institution shall be re- Education Act of 1965 (20 U.S.C. 6301 et seq.). granted during the 2019–2020 academic year. quired to repay the Secretary for the pay- (3) APPLICABILITY TO CHARTER SCHOOLS.— (d) REPORTING AND PUBLICATION.— ments of principal and interest made by the Any waivers issued by the Secretary under (1) PUBLIC NOTICE.—A State educational Secretary during the deferment, on a sched- this section shall be implemented, as appli- agency, Indian Tribe, or local educational ule that begins upon repayment to the lender cable— agency requesting a waiver under subsection in full on the loan agreement, except in no (A) for all public schools, including public (b)(2) shall provide the public and all local case shall repayment be required to begin be- charter schools within the boundaries of the educational agencies in the State with no- fore the date that is 1 full fiscal year after recipient of the waiver; tice of, and the opportunity to comment on, the date that is the end of the qualifying (B) in accordance with State charter the request by posting information regarding emergency. school law; and the waiver request and the process for com- (b) TERMINATION DATE.— (C) pursuant to section 1111(c)(5) of the Ele- menting on the State website. (1) IN GENERAL.—The authority provided mentary and Secondary Education Act of under this section to grant a loan deferment 1965 (20 U.S.C. 6311(c)(5)). (2) NOTIFYING CONGRESS.—Not later than 7 days after granting a waiver under this sec- under subsection (a) shall terminate on the (4) LIMITATION.—Nothing in this section tion, the Secretary shall notify the Com- date on which the qualifying emergency is shall be construed to allow the Secretary to no longer in effect. waive any statutory or regulatory require- mittee on Health, Education, Labor, and Pensions of the Senate, the Committee on (2) DURATION.—Any provision of a loan ments under applicable civil rights laws. agreement or insurance agreement modified (5) ACCOUNTABILITY AND IMPROVEMENT.— Appropriations of the Senate, the Committee by the authority under this section shall re- Any school located in a State that receives a on Education and Labor of the House of Rep- main so modified for the duration of the pe- waiver under paragraph (1) and that is iden- resentatives, and the Committee on Appro- riod covered by the loan agreement or insur- tified for comprehensive support and im- priations of the House of Representatives of ance agreement. provement, targeted support and improve- such waiver. (3) PUBLICATION.—Not later than 30 days (c) REPORT.—Not later than 180 days after ment, or additional targeted support in the the date of enactment of this Act, and every 2019-2020 school year under section after granting a waiver under this section, the Secretary shall publish a notice of the 180 days thereafter during the period begin- 1111(c)(4)(D) or section 1111(d)(2) of the Ele- ning on the first day of the qualifying emer- mentary and Secondary Education Act of Secretary’s decision (including which waiver was granted and the reason for granting the gency and ending on September 30 of the fis- 1965 (20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall cal year following the end of the qualifying maintain that identification status in the waiver) in the Federal Register and on the website of the Department of Education. emergency, the Secretary shall submit to 2020-2021 school year and continue to receive the authorizing committees (as defined in (4) REPORT.—Not later than 30 days after supports and interventions consistent with section 103 of the Higher Education Act of the school’s support and improvement plan the date of enactment of this Act, the Sec- retary shall prepare and submit a report to 1965 (20 U.S.C. 1003)) a report that identifies in the 2020-2021 school year. each institution that received assistance (c) STATE AND LOCAL REQUESTS FOR WAIV- the Committee on Health, Education, Labor, and Pensions and the Committee on Appro- under this section. ERS.— (d) FUNDING.—There is hereby appropriations of the Senate, and the Committee (1) IN GENERAL.—A State educational agen- priated, out of any money in the Treasury on Education and Labor and the Committee cy, local educational agency, or Indian tribe not otherwise appropriated, $62,000,000 to that desires a waiver from any statutory or on Appropriations of the House of Represent- carry out this section. atives, with recommendations on any addi- regulatory provision described under sub- SEC. 3513. TEMPORARY RELIEF FOR FEDERAL section (b)(2), may submit a waiver request tional waivers under the Individuals with STUDENT LOAN BORROWERS. to the Secretary in accordance with this sub- Disabilities Education Act (20 U.S.C. 1401 et (a) IN GENERAL.—The Secretary shall sus- section. seq.), the Rehabilitation Act of 1973 (29 pend all payments due for loans made under (2) REQUESTS SUBMITTED.—A request for a U.S.C. 701 et seq.), the Elementary and Sec- part D and part B (that are held by the De- waiver under this subsection shall— ondary Education Act of 1965 (20 U.S.C. 6301 partment of Education) of title IV of the (A) identify the Federal programs affected et seq.), and the Carl D. Perkins Career and Higher Education Act of 1965 (20 U.S.C. 1087a by the requested waiver; Technical Education Act of 2006 (20 U.S.C. et seq.; 1071 et seq.) through September 30, (B) describe which Federal statutory or 2301 et seq.) the Secretary believes are nec- 2020. regulatory requirements are to be waived; essary to be enacted into law to provide lim- (b) NO ACCRUAL OF INTEREST.—Notwith- (C) describe how the emergency involving ited flexibility to States and local edu- standing any other provision of the Higher Federal primary responsibility determined cational agencies to meet the needs of stu- Education Act of 1965 (20 U.S.C. 1001 et seq.), to exist by the President under the section dents during the emergency involving Fed- interest shall not accrue on a loan described 501(b) of the Robert T. Stafford Disaster Re- eral primary responsibility determined to under subsection (a) for which payment was lief and Emergency Assistance Act (42 U.S.C. exist by the President under section 501(b) of suspended for the period of the suspension. 5191(b)) with respect to the Coronavirus Dis- the Robert T. Stafford Disaster Relief and (c) CONSIDERATION OF PAYMENTS.—Notwith- ease 2019 (COVID-19) prevents or otherwise Emergency Assistance Act (42 U.S.C. 5191(b)) standing any other provision of the Higher restricts the ability of the State, State edu- with respect to the Coronavirus Disease 2019 Education Act of 1965 (20 U.S.C. 1001 et seq.), cational agency, local educational agency, (COVID-19). the Secretary shall deem each month for Indian tribe, or school to comply with such (e) TERMS.—In this section, the term which a loan payment was suspended under statutory or regulatory requirements; and ‘‘State educational agency’’ includes the Bu- this section as if the borrower of the loan (D) provide an assurance that the State reau of Indian Education, and the term had made a payment for the purpose of any educational agency, local educational agen- ‘‘local educational agency’’ includes Bureau loan forgiveness program or loan rehabilita- cy, or Indian tribe will work to mitigate any of Indian Education funded schools operated tion program authorized under part D or B of negative effects, if any, that may occur as a pursuant to a grant under the Tribally Con- title IV of the Higher Education Act of 1965 result of the requested waiver. trolled Schools Act of 1988 (25 U.S.C. 2501 et (20 U.S.C. 1087a et seq.; 1071 et seq.) for which (3) SECRETARY APPROVAL.— seq.), or a contract under the Indian Self-De- the borrower would have otherwise qualified.

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(d) REPORTING TO CONSUMER REPORTING 1990 (42 U.S.C. 12501 et seq.), the Corporation ted to a single State local area) under sub- AGENCIES.—During the period in which the for National and Community Service shall title B of title I of such Act (29 U.S.C. 3151 et Secretary suspends payments on a loan allow an individual described in subpara- seq.) for program year 2019, not more than 20 under subsection (a), the Secretary shall en- graph (B) to accrue other service hours that percent of the total amount may be used for sure that, for the purpose of reporting infor- will count toward the number of hours need- the administrative costs of carrying out mation about the loan to a consumer reported for the individual’s education award. local workforce investment activities under ing agency, any payment that has been sus- (B) AFFECTED INDIVIDUALS.—Subparagraph chapter 2 or chapter 3 of subtitle B of title I pended is treated as if it were a regularly (A) shall apply to any individual serving in a of such Act, if the portion of the total scheduled payment made by a borrower. position eligible for an educational award amount that exceeds 10 percent of the total (e) SUSPENDING INVOLUNTARY COLLECTION.— under subtitle D of title I of the National amount is used to respond to a qualifying During the period in which the Secretary and Community Service Act of 1990 (42 U.S.C. emergency. suspends payments on a loan under sub- 12601 et seq.)— (b) RAPID RESPONSE ACTIVITIES.— section (a), the Secretary shall suspend all (i) who is performing limited service due to (1) STATEWIDE RAPID RESPONSE.—Of the involuntary collection related to the loan, COVID-19; or funds reserved by a Governor for program including— (ii) whose position has been suspended or year 2019 for statewide activities under sec- (1) a wage garnishment authorized under placed on hold due to COVID-19. tion 128(a) of the Workforce Innovation and section 488A of the Higher Education Act of (2) PROVISIONS IN CASE OF EARLY EXIT.—In Opportunity Act (29 U.S.C. 3163(a)) that re- 1965 (20 U.S.C. 1095a) or section 3720D of title any case where an individual serving in a po- main unobligated, such funds may be used 31, United States Code; sition eligible for an educational award for statewide rapid response activities as de- (2) a reduction of tax refund by amount of under subtitle D of title I of the National scribed in section 134(a)(2)(A) of such Act (29 debt authorized under section 3720A of title and Community Service Act of 1990 (42 U.S.C. U.S.C. 3174(a)(2)(A)) for responding to a 31, United States Code, or section 6402(d) of 12601 et seq.) was required to exit the posi- qualifying emergency. the Internal Revenue Code of 1986; tion early at the direction of the Corporation (2) LOCAL BOARDS.—Of the funds reserved (3) a reduction of any other Federal benefit for National and Community Service, the by a Governor for program year 2019 under payment by administrative offset authorized Chief Executive Officer of the Corporation section 133(a)(2) of such Act (29 U.S.C. under section 3716 of title 31, United States for National and Community Service may— 3173(a)(2)) that remain unobligated, such Code (including a benefit payment due to an (A) deem such individual as having met the funds may be released within 30 days after individual under the Social Security Act or requirements of the position; and the date of enactment of this Act to the any other provision described in subsection (B) award the individual the full value of local boards most impacted by the (c)(3)(A)(i) of such section); and the educational award under such subtitle coronavirus at the determination of the Gov- (4) any other involuntary collection activ- for which the individual would otherwise ernor for rapid response activities related to ity by the Secretary. have been eligible. responding to a qualifying emergency. (f) WAIVERS.—In carrying out this section, (b) AVAILABILITY OF FUNDS.—Notwith- (c) DEFINITIONS.—Except as otherwise pro- the Secretary may waive the application of— standing any other provision of law, all vided, the terms in this section have the (1) subchapter I of chapter 35 of title 44, funds made available to the Corporation for meanings given the terms in section 3 of the United States Code (commonly known as the National and Community Service under any Workforce Innovation and Opportunity Act ‘‘Paperwork Reduction Act’’); Act, including the amounts appropriated to (29 U.S.C. 3102). (2) the master calendar requirements under the Corporation under the headings ‘‘OPER- SEC. 3516. TECHNICAL AMENDMENTS. section 482 of the Higher Education Act of ATING EXPENSES’’, ‘‘SALARIES AND EXPENSES’’, (a) IN GENERAL.— 1965 (20 U.S.C. 1089); and ‘‘OFFICE OF THE INSPECTOR GENERAL’’ (1) Section 6103(a)(3) of the Internal Rev- (3) negotiated rulemaking under section under the heading ‘‘CORPORATION FOR NA- enue Code of 1986, as amended by the FU- 492 of the Higher Education Act of 1965 (20 TIONAL AND COMMUNITY SERVICE’’ under title TURE Act (Public Law 116-91), is further U.S.C. 1098a); and IV of Division A of the Further Consolidated amended by striking ‘‘(13), (16)’’ and insert- (4) the requirement to publish the notices Appropriations Act, 2020 (Public Law 116–94), ing ‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)’’. related to the system of records of the agen- shall remain available for the fiscal year (2) Section 6103(p)(3)(A) of such Code, as so cy before implementation required under ending September 30, 2021. amended, is further amended by striking paragraphs (4) and (11) of section 552a(e) of (c) NO REQUIRED RETURN OF GRANT ‘‘(12),’’ and inserting ‘‘(12), (13)(A), (13)(B), title 5, United States Code (commonly FUNDS.—Notwithstanding section (13)(C), (13)(D)(i)’’. known as the ‘‘Privacy Act of 1974’’), except 129(l)(3)(A)(i) of the National and Community (3) Section 6103(p)(4) of such Code, as so that the notices shall be published not later Service Act of 1990 (42 U.S.C. amended, is further amended by striking than 180 days after the date of enactment of 12581(l)(3)(A)(i)), the Chief Executive Officer ‘‘(13) or (16)’’ each place it appears and in- this Act. of the Corporation for National and Commu- serting ‘‘(13), or (16)’’. (g) NOTICE TO BORROWERS AND TRANSITION nity Service may permit fixed-amount grant (4) Section 6103(p)(4) of such Code, as so PERIOD.—To inform borrowers of the actions recipients under such section 129(l) to main- amended and as amended by paragraph (3), is taken in accordance with this section and tain a pro rata amount of grant funds, at the further amended by striking ‘‘(13)’’ each ensure an effective transition, the Secretary discretion of the Corporation for National place it appears and inserting ‘‘(13)(A), shall— and Community Service, for participants (13)(B), (13)(C), (13)(D)(i)’’. (1) not later than 15 days after the date of who exited, were suspended, or are serving in (5) Section 6103(l)(13)(C)(ii) of such Code, as enactment of this Act, notify borrowers— a limited capacity due to COVID-19, to en- added by the FUTURE Act (Public Law 116- (A) of the actions taken in accordance with able the grant recipients to maintain oper- 91), is amended by striking ‘‘section subsections (a) and (b) for whom payments ations and to accept participants. 236A(e)(4)’’ and inserting ‘‘section have been suspended and interest waived; (d) EXTENSION OF TERMS AND AGE LIMITS.— 263A(e)(4)’’. (B) of the actions taken in accordance with Notwithstanding any other provision of law, (b) EFFECTIVE DATE.—The amendments subsection (e) for whom collections have made by this section shall apply as if in- the Corporation for National and Commu- been suspended; cluded in the enactment of the FUTURE Act nity Service may extend the term of service (C) of the option to continue making pay- (Public Law 116-91). (for a period not to exceed the 1-year period ments toward principal; and immediately following the end of the na- SEC. 3517. WAIVER AUTHORITY AND REPORTING (D) that the program under this section is REQUIREMENT FOR INSTITUTIONAL tional emergency) or waive any upper age a temporary program. AID. limit (except in no case shall the maximum (2) beginning on August 1, 2020, carry out a (a) WAIVER AUTHORITY.—Notwithstanding age exceed 26 years of age) for national serv- program to provide not less than 6 notices by any other provision of the Higher Education ice programs carried out by the National Ci- postal mail, telephone, or electronic commu- Act of 1965 (U.S.C. 1001 et seq.), unless en- vilian Community Corps under subtitle E of nication to borrowers indicating— acted with specific reference to this section, title I of the National and Community Serv- (A) when the borrower’s normal payment for any institution of higher education that ice Act of 1990 (42 U.S.C. 12611 et seq.), and obligations will resume; and was receiving assistance under title III, title the participants in such programs, for the (B) that the borrower has the option to en- V, or subpart 4 of part A of title VII of such purposes of— roll in income-driven repayment, including a Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a (1) addressing disruptions due to COVID-19; brief description of such options. et seq.) at the time of a qualifying emer- and SEC. 3514. PROVISIONS RELATED TO THE COR- gency, the Secretary may, for the period be- PORATION FOR NATIONAL AND COM- (2) minimizing the difficulty in returning ginning on the first day of the qualifying MUNITY SERVICE. to full operation due to COVID-19 on such emergency and ending on September 30 of (a) ACCRUAL OF SERVICE HOURS.— programs and participants. the fiscal year following the end of the quali- (1) ACCRUAL THROUGH OTHER SERVICE SEC. 3515. WORKFORCE RESPONSE ACTIVITIES. fying emergency— HOURS.— (a) ADMINISTRATIVE COSTS.—Notwith- (1) waive— (A) IN GENERAL.—Notwithstanding any standing section 128(b)(4) of the Workforce (A) the eligibility data requirements set other provision of the Domestic Volunteer Innovation Opportunity Act (29 U.S.C. forth in section 391(d) and 521(e) of the High- Service Act of 1973 (42 U.S.C. 4950 et seq.) or 3163(b)(4)), of the total amount allocated to a er Education Act of 1965 (20 U.S.C. 1068(d); the National and Community Service Act of local area (including the total amount allot- 1103(e));

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2099 (B) the wait-out period set forth in section tember 30 of the fiscal year following the end taking leave for a reason described in para- 313(d) of the Higher Education Act of 1965 (20 of the qualifying emergency. graph (1), (2), or (3) of section 5102(a); or U.S.C. 1059(d)); (b) MATCHING REQUIREMENT MODIFICA- ‘‘(2) $200 per day and $2,000 in the aggregate (C) the allotment requirements under para- TIONS.—Notwithstanding any other provision for each employee, when the employee is graphs (2) and (3) of subsection 318(e) of the of the Higher Education Act of 1965 (20 U.S.C. taking leave for a reason described in para- Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary is authorized to graph (4), (5), or (6) of section 5102(a).’’. 1059e(e)), and the reference to ‘‘the academic modify any Federal share or other financial SEC. 3603. UNEMPLOYMENT INSURANCE. year preceding the beginning of that fiscal matching requirement for a grant awarded Section 903(h)(2)(B) of the Social Security year’’ under such section 318(e)(1); on a competitive basis or a grant awarded Act (42 U.S.C. 1103(h)(2)(B)), as added by sec- (D) the allotment requirements under sub- under part A or B of title III or subpart 4 of tion 4102 of the Emergency Unemployment sections (b), (c), and (g) of section 324 of the part A of title VII of the Higher Education Insurance Stabilization and Access Act of Higher Education Act of 1965 (20 U.S.C. 1063), Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; 2020, is amended to read as follows: the reference to ‘‘the end of the school year 1136a et seq.) at the request of an institution ‘‘(B) The State ensures that applications preceding the beginning of that fiscal year’’ of higher education or other grant recipient for unemployment compensation, and assist- under such section 324(a), and the reference as a result of a qualifying emergency, for the ance with the application process, are acces- to ‘‘the academic year preceding such fiscal period beginning on the first day of the sible, to the extent practicable in at least year’’ under such section 324(h); qualifying emergency and ending on Sep- two of the following: in person, by phone, or (E) subparagraphs (A), (C), (D), and (E) of tember 30 of the fiscal year following the end online.’’. of the qualifying emergency. section 326(f)(3) of the Higher Education Act SEC. 3604. OMB WAIVER OF PAID FAMILY AND of 1965 (20 U.S.C. 1063b(f)(3)), and references (c) REPORTS.—Not later than 180 days after the date of enactment of this Act, and every PAID SICK LEAVE. to ‘‘previous year’’ under such section (a) FAMILY AND MEDICAL LEAVE ACT OF 180 days thereafter for the duration of the 326(f)(3)(B); period beginning on the first day of the 1993.—Section 110(a) of title I of the Family (F) subparagraphs (A), (C), (D), and (E) of qualifying emergency and ending on Sep- and Medical Leave Act of 1993 (29 U.S.C. 2611 section 723(f)(3) and subparagraphs (A), (C), tember 30 of the fiscal year following the end et seq.) (as added by division C of the Fami- (D), and (E) of section 724(f)(3) of the Higher of the qualifying emergency, the Secretary lies First Coronavirus Response Act) is Education Act of 1965 (20 U.S.C. 1136a(f)(3); shall submit to the authorizing committees amended by adding at the end the following 1136b(f)(3)), and references to ‘‘previous aca- (as defined in section 103 of the Higher Edu- new paragraph: demic year’’ under subparagraph (B) of such cation Act of 1965 (20 U.S.C. 1003)) a report ‘‘(4) The Director of the Office of Manage- sections 723(f)(3) and 724(f)(3); and that identifies each institution of higher ment and Budget shall have the authority to (G) the allotment restriction set forth in education or other grant recipient that re- exclude for good cause from the require- section 318(d)(4) and section 323(c)(2) of the ceived a modification under this section. ments under subsection (b) certain employ- Higher Education Act of 1965 (20 U.S.C. SEC. 3519. SERVICE OBLIGATIONS FOR TEACH- ers of the United States Government with re- 1059e(d)(4); 1062(c)(2)); and ERS. spect to certain categories of Executive (2) waive or modify any statutory or regu- (a) TEACH GRANTS.—For the purpose of sec- Branch employees.’’. latory provision to ensure that institutions tion 420N of the Higher Education Act of 1965 (b) EMERGENCY PAID SICK LEAVE ACT.—The that were receiving assistance under title (20 U.S.C. 1070g–2), during a qualifying emer- Emergency Paid Sick Leave Act (division E III, title V, or subpart 4 of part A of title VII gency, the Secretary— of the Families First Coronavirus Response of such Act (20 U.S.C. 1051 et seq.; 1101 et (1) may modify the categories of extenu- Act) is amended by adding at the end the fol- seq.; 1136a et seq.) at the time of a qualifying ating circumstances under which a recipient lowing new section: emergency are not adversely affected by any of a grant under subpart 9 of part A of title ‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN formula calculation for fiscal year 2020 and IV of the Higher Education Act of 1965 (20 EMPLOYEES. for the period beginning on the first day of U.S.C. 1070g et seq.) who is unable to fulfill ‘‘The Director of the Office of Management the qualifying emergency and ending on Sep- all or part of the recipient’s service obliga- and Budget shall have the authority to ex- tember 30 of the fiscal year following the end tion may be excused from fulfilling that por- clude for good cause from the definition of of the qualifying emergency, as necessary. tion of the service obligation; and employee under section 5110(1) certain em- (b) USE OF UNEXPENDED FUNDS.—Any funds (2) shall consider teaching service that, as ployees described in subparagraphs (E) and paid to an institution under title III, title V, a result of a qualifying emergency, is part- (F) of such section, including by exempting or subpart 4 of part A of title VII of the time or temporarily interrupted, to be full- certain United States Government employ- Higher Education Act of 1965 (20 U.S.C. 1051 time service and to fulfill the service obliga- ers covered by section 5110(2)(A)(i)(V) from et seq.; 1101 et seq.; 1136a et seq.) and not ex- tions under such section 420N. the requirements of this title with respect to pended or used for the purposes for which the (b) TEACHER LOAN FORGIVENESS.—Notwith- certain categories of Executive Branch em- funds were paid to the institution during the standing section 428J or 460 of the Higher ployees.’’. 5-year period following the date on which the Education Act of 1965 (20 U.S.C. 1078–10; SEC. 3605. PAID LEAVE FOR REHIRED EMPLOY- funds were first paid to the institution, may 1087j), the Secretary shall waive the require- EES. be carried over and expended during the suc- ments under such sections that years of Section 110(a)(1)(A) of the Family and Med- ceeding 5-year period. teaching service shall be consecutive if— ical Leave Act of 1993, as added by section (c) REPORT.—Not later than 180 days after (1) the teaching service of a borrower is 3102 of the Emergency Family and Medical the date of enactment of this Act, and every temporarily interrupted due to a qualifying Leave Expansion Act, is amended to read as 180 days thereafter for the period beginning emergency; and follows: on the first day of the qualifying emergency (2) after the temporary interruption due to ‘‘(A) ELIGIBLE EMPLOYEE.— and ending on September 30 of the fiscal year a qualifying emergency, the borrower re- ‘‘(i) IN GENERAL.—In lieu of the definition following the end of the qualifying emer- in sections 101(2)(A) and 101(2)(B)(ii), the gency, the Secretary shall submit to the au- sumes teaching service and completes a total term ‘eligible employee’ means an employee thorizing committees (as defined in section of 5 years of qualifying teaching service who has been employed for at least 30 cal- 103 of the Higher Education Act of 1965 (20 under such sections, including qualifying endar days by the employer with respect to U.S.C. 1003)) a report that identifies each in- teaching service performed before, during, whom leave is requested under section stitution that received a waiver or modifica- and after such qualifying emergency. 102(a)(1)(F). tion under this section. Subtitle C—Labor Provisions ‘‘(ii) RULE REGARDING REHIRED EMPLOY- SEC. 3518. AUTHORIZED USES AND OTHER MODI- SEC. 3601. LIMITATION ON PAID LEAVE. FICATIONS FOR GRANTS. Section 110(b)(2)(B) of the Family and Med- EES.—For purposes of clause (i), the term (a) IN GENERAL.—The Secretary is author- ical Leave Act of 1993 (as added by the Emer- ‘employed for at least 30 calendar days’, used ized to modify the required and allowable gency Family and Medical Leave Expansion with respect to an employee and an employer uses of funds for grants awarded under part Act) is amended by striking clause (ii) and described in clause (i), includes an employee A or B of title III, chapter I or II of subpart inserting the following: who was laid off by that employer not earlier 2 of part A of title IV, title V, or subpart 4 ‘‘(ii) LIMITATION.—An employer shall not than March 1, 2020, had worked for the em- of part A of title VII of the Higher Education be required to pay more than $200 per day ployer for not less than 30 of the last 60 cal- Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; and $10,000 in the aggregate for each em- endar days prior to the employee’s layoff, 1070a–11 et seq.; 1070a–21 et seq.; 1101 et seq.; ployee for paid leave under this section.’’. and was rehired by the employer.’’. 1136a et seq.) to an institution of higher edu- SEC. 3602. EMERGENCY PAID SICK LEAVE ACT SEC. 3606. ADVANCE REFUNDING OF CREDITS. cation or other grant recipient (not includ- LIMITATION. (a) PAYROLL CREDIT FOR REQUIRED PAID ing individual recipients of Federal student Section 5102 of the Emergency Paid Sick SICK LEAVE.—Section 7001 of division G of financial assistance), at the request of an in- Leave Act (division E of the Families First the Families First Coronavirus Response Act stitution of higher education or other recipi- Coronavirus Response Act) is amended by is amended— ent of a grant (not including individual re- adding at the end the following: (1) in subsection (b)(4)(A)— cipients of Federal student financial assist- ‘‘(f) LIMITATIONS.—An employer shall not (A) by striking ‘‘(A) In general.—If the ance) as a result of a qualifying emergency, be required to pay more than either— amount’’ and inserting ‘‘(A)(i) Credit is re- for the period beginning on the first day of ‘‘(1) $511 per day and $5,110 in the aggregate fundable.—If the amount’’; and the qualifying emergency and ending on Sep- for each employee, when the employee is (B) by adding at the end the following:

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‘‘(ii) ADVANCING CREDIT.—In anticipation of Employee Retirement Income Security Act tions of a contract, or other agreement, the credit, including the refundable portion of 1974 (29 U.S.C. 1083(a))) which (but for this without consideration, to reimburse at the under clause (i), the credit may be advanced, section) would otherwise be due under sec- minimum applicable contract billing rates according to forms and instructions provided tion 430(j) of such Code (including quarterly not to exceed an average of 40 hours per by the Secretary, up to an amount cal- contributions under paragraph (3) thereof) week any paid leave, including sick leave, a culated under subsection (a), subject to the and section 303(j) of such Act (29 U.S.C. contractor provides to keep its employees or limits under subsection (b), both calculated 1083(j)) (including quarterly contributions subcontractors in a ready state, including to through the end of the most recent payroll under paragraph (3) thereof) during calendar protect the life and safety of Government period in the quarter.’’; year 2020— and contractor personnel, but in no event be- (2) in subsection (f)— (1) the due date for such contributions yond September 30, 2020. Such authority (A) in paragraph (4), by striking ‘‘, and’’ shall be January 1, 2021, and shall apply only to a contractor whose em- and inserting a comma; (2) the amount of each such minimum re- ployees or subcontractors cannot perform (B) in paragraph (5), by striking the period quired contribution shall be increased by in- work on a site that has been approved by the at the end and inserting ‘‘, and’’; and terest accruing for the period between the Federal Government, including a federally- (C) by adding at the end the following: original due date (without regard to this sec- owned or leased facility or site, due to facil- ‘‘(6) regulations or other guidance to per- tion) for the contribution and the payment ity closures or other restrictions, and who mit the advancement of the credit deter- date, at the effective rate of interest for the cannot telework because their job duties mined under subsection (a).’’; and plan for the plan year which includes such cannot be performed remotely during the public health emergency declared on Janu- (3) by inserting after subsection (h) the fol- payment date. ary 31, 2020 for COVID–19: Provided, That the lowing new subsection: (b) BENEFIT RESTRICTION STATUS.—For pur- maximum reimbursement authorized by this ‘‘(i) TREATMENT OF DEPOSITS.—The Sec- poses of section 436 of the Internal Revenue section shall be reduced by the amount of retary of the Treasury (or the Secretary’s Code of 1986 and section 206(g) of the Em- credit a contractor is allowed pursuant to di- ployee Retirement Income Security Act of delegate) shall waive any penalty under sec- vision G of Public Law 116–127 and any appli- 1974 (29 U.S.C. 1056(g)), a plan sponsor may tion 6656 of the Internal Revenue Code of 1986 cable credits a contractor is allowed under elect to treat the plan’s adjusted funding for any failure to make a deposit of the tax this Act. imposed by section 3111(a) or 3221(a) of such target attainment percentage for the last SEC. 3611. TECHNICAL CORRECTIONS. Code if the Secretary determines that such plan year ending before January 1, 2020, as (1) Section 110(a)(3) of the Family and Med- failure was due to the anticipation of the the adjusted funding target attainment per- ical Leave Act of 1993 (as added by the Emer- credit allowed under this section.’’. centage for plan years which include cal- gency and Medical Leave Expansion Act) is (b) PAYROLL CREDIT FOR REQUIRED PAID endar year 2020. amended by striking ‘‘553(d)(A)’’ and insert- FAMILY LEAVE.—Section 7003 of division G of SEC. 3609. APPLICATION OF COOPERATIVE AND ing ‘‘553(d)(3)’’. the Families First Coronavirus Response Act SMALL EMPLOYER CHARITY PEN- (2) Section 5111 of the Emergency Paid is amended— SION PLAN RULES TO CERTAIN Sick Leave Act (division E of the Families (1) in subsection (b)(3)— CHARITABLE EMPLOYERS WHOSE PRIMARY EXEMPT PURPOSE IS PRO- First Coronavirus Response Act) is amended (A) by striking ‘‘If the amount’’ and insert- VIDING SERVICES WITH RESPECT TO by striking ‘‘553(d)(A)’’ and inserting ing ‘‘(A) Credit is refundable.—If the MOTHERS AND CHILDREN. ‘‘553(d)(3)’’. amount’’; and (a) EMPLOYEE RETIREMENT INCOME SECU- (3) Section 110(c) of the Family and Med- (B) by adding at the end the following: RITY ACT OF 1974.—Section 210(f)(1) of the ical Leave Act of 1993 (as added by the Emer- ‘‘(B) ADVANCING CREDIT.—In anticipation of Employee Retirement Income Security Act gency and Medical Leave Expansion Act) is the credit, including the refundable portion of 1974 (29 U.S.C. 1060(f)(1)) is amended— amended by striking ‘‘subsection under subparagraph (A), the credit may be (1) by striking ‘‘or’’ at the end of subpara- (a)(2)(A)(iii)’’ and inserting ‘‘subsection advanced, according to forms and instruc- graph (B); (a)(2)(A)’’. tions provided by the Secretary, up to an (2) by striking the period at the end of sub- (4) Section 3104 of the Emergency Family amount calculated under subsection (a), subparagraph (C)(iv) and inserting ‘‘; or’’; and and Medical Leave Expansion Act (division C ject to the limits under subsection (b), both (3) by inserting after subparagraph (C) the of the Families First Coronavirus Response calculated through the end of the most re- following new subparagraph: Act) is amended— cent payroll period in the quarter.’’; ‘‘(D) that, as of January 1, 2000, was main- (A) by striking ‘‘110(a)(B)’’ and inserting (2) in subsection (f)— tained by an employer— ‘‘section 110(a)(1)(B) of the Family and Med- (A) in paragraph (4), by striking ‘‘, and’’ ‘‘(i) described in section 501(c)(3) of the In- ical Leave Act of 1993’’; and and inserting a comma; ternal Revenue Code of 1986, (B) by striking ‘‘section 107(a) for a viola- (B) in paragraph (5), by striking the period ‘‘(ii) who has been in existence since at tion of section 102(a)(1)(F) if the employer at the end and inserting ‘‘, and’’; and least 1938, does not meet the definition of employer set (C) by adding at the end the following: ‘‘(iii) who conducts medical research di- forth in Section 101(4)(A)(i)’’ and inserting ‘‘(6) regulations or other guidance to per- rectly or indirectly through grant making, ‘‘section 107(a) of such Act for a violation of mit the advancement of the credit deter- and section 102(a)(1)(F) of such Act if the em- mined under subsection (a).’’; and ‘‘(iv) whose primary exempt purpose is to ployer does not meet the definition of em- (c) by inserting after subsection (h) the fol- provide services with respect to mothers and ployer set forth in section 101(4)(A)(i) of such lowing new subsection: children.’’. Act’’. ‘‘(i) TREATMENT OF DEPOSITS.—The Sec- (b) INTERNAL REVENUE CODE OF 1986.—Sec- (5) Section 5110(1) of the Emergency Paid retary of the Treasury (or the Secretary’s tion 414(y)(1) of the Internal Revenue Code of Sick Leave Act (division E of the Families delegate) shall waive any penalty under sec- 1986 is amended— First Coronavirus Response Act) is amend- tion 6656 of the Internal Revenue Code of 1986 (1) by striking ‘‘or’’ at the end of subpara- ed— for any failure to make a deposit of the tax graph (B); (A) in the matter preceding subparagraph imposed by section 3111(a) or 3221(a) of such (2) by striking the period at the end of sub- (A), by striking ‘‘terms’’ and inserting Code if the Secretary determines that such paragraph (C)(iv) and inserting ‘‘; or’’; and ‘‘term’’; and failure was due to the anticipation of the (3) by inserting after subparagraph (C) the (B) in subparagraph (A)(i), by striking credit allowed under this section.’’. following new subparagraph: ‘‘paragraph (5)(A)’’ and inserting ‘‘paragraph SEC. 3607. EXPANSION OF DOL AUTHORITY TO ‘‘(D) that, as of January 1, 2000, was main- (2)(A)’’. POSTPONE CERTAIN DEADLINES. tained by an employer— (6) Section 5110(2)(B)(ii) of the Emergency Section 518 of the Employee Retirement ‘‘(i) described in section 501(c)(3), Paid Sick Leave Act (division E of the Fami- Income Security Act of 1974 (29 U.S.C. 1148) is ‘‘(ii) who has been in existence since at lies First Coronavirus Response Act) is amended by striking ‘‘or a terroristic or least 1938, amended by striking ‘‘clause (i)(IV)’’ and in- military action (as defined in section ‘‘(iii) who conducts medical research di- serting ‘‘clause (i)(III)’’. 692(c)(2) of such Code), the Secretary may’’ rectly or indirectly through grant making, (7) Section 110(a)(3) of the Family and Med- and inserting ‘‘a terroristic or military ac- and ical Leave Act of 1993 (as added by the Emer- tion (as defined in section 692(c)(2) of such ‘‘(iv) whose primary exempt purpose is to gency and Medical Leave Expansion Act) is Code), or a public health emergency declared provide services with respect to mothers and amended— by the Secretary of Health and Human Serv- children.’’. (A) by striking ‘‘and’’ after the semicolon ices pursuant to section 319 of the Public (c) EFFECTIVE DATE.—The amendments at the end of subparagraph (A); Health Service Act, the Secretary may’’. made by this section shall apply to plan (B) by striking the period at end of sub- SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING years beginning after December 31, 2018. paragraph (B) and inserting ‘‘; and’’; and RULES. SEC. 3610. FEDERAL CONTRACTOR AUTHORITY. (C) by adding at the end the following: (a) DELAY IN PAYMENT OF MINIMUM RE- Notwithstanding any other provision of ‘‘(C) as necessary to carry out the purposes QUIRED CONTRIBUTIONS.—In the case of any law, and subject to the availability of appro- of this Act, including to ensure consistency minimum required contribution (as deter- priations, funds made available to an agency between this Act and Division E and Division mined under section 430(a) of the Internal by this Act or any other Act may be used by G of the Families First Coronavirus Re- Revenue Code of 1986 and section 303(a) of the such agency to modify the terms and condi- sponse Act.’’.

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2101 (8) Section 5104(1) of the Emergency Paid (1) in subsection (b)(8), by striking ‘‘to an ices under the methodology for all-inclusive Sick Leave Act (division E of the Families individual by a qualified provider (as defined rates (established by the Secretary) under First Coronavirus Response Act) is amended in subsection (g)(3))’’ and all that follows section 1833(a)(3).’’. by striking ‘‘and’’ after the semicolon and through the period and inserting ‘‘, the re- SEC. 3705. TEMPORARY WAIVER OF REQUIRE- inserting ‘‘or’’. quirements of section 1834(m).’’; and MENT FOR FACE-TO-FACE VISITS BE- (9) Section 5105 of the Emergency Paid (2) in subsection (g), by striking paragraph TWEEN HOME DIALYSIS PATIENTS Sick Leave Act (division E of the Families (3). AND PHYSICIANS. First Coronavirus Response Act) is amended SEC. 3704. ENHANCING MEDICARE TELEHEALTH Section 1881(b)(3)(B) of the Social Security by adding at the end the following: SERVICES FOR FEDERALLY QUALI- Act (42 U.S.C. 1395rr(b)(3)(B)) is amended— ‘‘(c) INVESTIGATIONS AND COLLECTION OF FIED HEALTH CENTERS AND RURAL (1) in clause (i), by striking ‘‘clause (ii)’’ DATA.—The Secretary of Labor or his des- HEALTH CLINICS DURING EMER- and inserting ‘‘clauses (ii) and (iii)’’; ignee may investigate and gather data to en- GENCY PERIOD. (2) in clause (ii), in the matter preceding sure compliance with this Act in the same Section 1834(m) of the Social Security Act subclause (I), by striking ‘‘Clause (i)’’ and in- manner as authorized by sections 9 and 11 of (42 U.S.C. 1395m(m)) is amended— serting ‘‘Except as provided in clause (iii), the Fair Labor Standards Act of 1938 (29 (1) in the first sentence of paragraph (1), by clause (i)’’; and U.S.C. 209; 211).’’. striking ‘‘The Secretary’’ and inserting (3) by adding at the end the following new ‘‘Subject to paragraph (8), the Secretary’’; Subtitle D—Finance Committee clause: (2) in paragraph (2)(A), by striking ‘‘The ‘‘(iii) The Secretary may waive the provi- SEC. 3701. EXEMPTION FOR TELEHEALTH SERV- Secretary’’ and inserting ‘‘Subject to para- ICES. sions of clause (ii) during the emergency pe- graph (8), the Secretary’’; riod described in section 1135(g)(1)(B).’’. (a) IN GENERAL.—Paragraph (2) of section (3) in paragraph (4)— 223(c) of the Internal Revenue Code of 1986 is SEC. 3706. USE OF TELEHEALTH TO CONDUCT (A) in subparagraph (A), by striking ‘‘The FACE-TO-FACE ENCOUNTER PRIOR amended by adding at the end the following term’’ and inserting ‘‘Subject to paragraph new subparagraph: TO RECERTIFICATION OF ELIGI- (8), the term’’; and BILITY FOR HOSPICE CARE DURING ‘‘(E) SAFE HARBOR FOR ABSENCE OF DEDUCT- (B) in subparagraph (F)(i), by striking EMERGENCY PERIOD. IBLE FOR TELEHEALTH.—In the case of plan ‘‘The term’’ and inserting ‘‘Subject to para- Section 1814(a)(7)(D)(i) of the Social Secu- years beginning on or before December 31, graph (8), the term’’; and rity Act (42 U.S.C. 1395f(a)(7(D)(i)) is amend- 2021, a plan shall not fail to be treated as a (4) by adding at the end the following new ed— high deductible health plan by reason of fail- paragraph: (1) by striking ‘‘a hospice’’ and inserting ing to have a deductible for telehealth and ‘‘(8) ENHANCING TELEHEALTH SERVICES FOR ‘‘(I) subject to subclause (II), a hospice’’; and other remote care services.’’. FEDERALLY QUALIFIED HEALTH CENTERS AND (2) by inserting after subclause (I), as (b) CERTAIN COVERAGE DISREGARDED.— RURAL HEALTH CLINICS DURING EMERGENCY PE- added by paragraph (1), the following new Clause (ii) of section 223(c)(1)(B) of the Inter- RIOD.— subclause: nal Revenue Code of 1986 is amended by ‘‘(A) IN GENERAL.—During the emergency ‘‘(II) during the emergency period de- striking ‘‘or long-term care’’ and inserting scribed in section 1135(g)(1)(B), a hospice ‘‘long-term care, or (in the case of plan years period described in section 1135(g)(1)(B)— physician or nurse practitioner may conduct beginning on or before December 31, 2021) ‘‘(i) the Secretary shall pay for telehealth a face-to-face encounter required under this telehealth and other remote care’’. services that are furnished via a tele- clause via telehealth, as determined appro- (c) EFFECTIVE DATE.—The amendments communications system by a Federally made by this section shall take effect on the qualified health center or a rural health clin- priate by the Secretary; and’’. date of the enactment of this Act. ic to an eligible telehealth individual en- SEC. 3707. ENCOURAGING USE OF TELE- COMMUNICATIONS SYSTEMS FOR SEC. 3702. INCLUSION OF CERTAIN OVER-THE- rolled under this part notwithstanding that HOME HEALTH SERVICES FUR- COUNTER MEDICAL PRODUCTS AS the Federally qualified health center or NISHED DURING EMERGENCY PE- QUALIFIED MEDICAL EXPENSES. rural clinic providing the telehealth service RIOD. is not at the same location as the bene- (a) HSAS.—Section 223(d)(2) of the Internal With respect to home health services (as Revenue Code of 1986 is amended— ficiary; defined in section 1861(m) of the Social Secu- (1) by striking the last sentence of sub- ‘‘(ii) the amount of payment to a Federally rity Act (42 U.S.C. 1395x(m)) that are fur- paragraph (A) and inserting the following: qualified health center or rural health clinic nished during the emergency period de- ‘‘For purposes of this subparagraph, amounts that serves as a distant site for such a tele- scribed in section 1135(g)(1)(B) of such Act (42 paid for menstrual care products shall be health service shall be determined under U.S.C. 1320b–5(g)(1)(B)), the Secretary of treated as paid for medical care.’’; and subparagraph (B); and Health and Human Services shall consider (2) by adding at the end the following new ‘‘(iii) for purposes of this subsection— ways to encourage the use of telecommuni- subparagraph: ‘‘(I) the term ‘distant site’ includes a Fed- cations systems, including for remote pa- ‘‘(D) MENSTRUAL CARE PRODUCT.—For pur- erally qualified health center or rural health tient monitoring as described in section poses of this paragraph, the term ‘menstrual clinic that furnishes a telehealth service to 409.46(e) of title 42, Code of Federal Regula- care product’ means a tampon, pad, liner, an eligible telehealth individual; and tions (or any successor regulations) and cup, sponge, or similar product used by indi- ‘‘(II) the term ‘telehealth services’ includes other communications or monitoring serv- viduals with respect to menstruation or a rural health clinic service or Federally ices, consistent with the plan of care for the other genital-tract secretions.’’. qualified health center service that is fur- individual, including by clarifying guidance (b) ARCHER MSAS.—Section 220(d)(2)(A) of nished using telehealth to the extent that and conducting outreach, as appropriate. such Code is amended by striking the last payment codes corresponding to services SEC. 3708. IMPROVING CARE PLANNING FOR sentence and inserting the following: ‘‘For identified by the Secretary under clause (i) MEDICARE HOME HEALTH SERV- purposes of this subparagraph, amounts paid or (ii) of paragraph (4)(F) are listed on the ICES. for menstrual care products (as defined in corresponding claim for such rural health (a) PART A PROVISIONS.—Section 1814(a) of section 223(d)(2)(D)) shall be treated as paid clinic service or Federally qualified health the Social Security Act (42 U.S.C. 1395f(a)) is for medical care.’’. center service. amended— (c) HEALTH FLEXIBLE SPENDING ARRANGE- ‘‘(B) SPECIAL PAYMENT RULE.— (1) in paragraph (2)— MENTS AND HEALTH REIMBURSEMENT AR- ‘‘(i) IN GENERAL.—The Secretary shall de- (A) in the matter preceding subparagraph RANGEMENTS.—Section 106 of such Code is velop and implement payment methods that (A), by inserting ‘‘, a nurse practitioner or amended by striking subsection (f) and in- apply under this subsection to a Federally clinical nurse specialist (as such terms are serting the following new subsection: qualified health center or rural health clinic defined in section 1861(aa)(5)) who is working ‘‘(f) REIMBURSEMENTS FOR MENSTRUAL CARE that serves as a distant site that furnishes a in accordance with State law, or a physician PRODUCTS.—For purposes of this section and section 105, expenses incurred for menstrual telehealth service to an eligible telehealth assistant (as defined in section 1861(aa)(5)) care products (as defined in section individual during such emergency period. who is working in accordance with State 223(d)(2)(D)) shall be treated as incurred for Such payment methods shall be based on law, who is’’ after ‘‘in the case of services de- medical care.’’. payment rates that are similar to the na- scribed in subparagraph (C), a physician’’; (d) EFFECTIVE DATES.— tional average payment rates for comparable and (1) DISTRIBUTIONS FROM SAVINGS AC- telehealth services under the physician fee (B) in subparagraph (C)— COUNTS.—The amendment made by sub- schedule under section 1848. Notwithstanding (i) by inserting ‘‘, a nurse practitioner, a sections (a) and (b) shall apply to amounts any other provision of law, the Secretary clinical nurse specialist, or a physician as- paid after December 31, 2019. may implement such payment methods sistant (as the case may be)’’ after ‘‘physi- (2) REIMBURSEMENTS.—The amendment through program instruction or otherwise. cian’’ the first 2 times it appears; and made by subsection (c) shall apply to ex- ‘‘(ii) EXCLUSION FROM FQHC PPS CALCULA- (ii) by striking ‘‘, and, in the case of a cer- penses incurred after December 31, 2019. TION AND RHC AIR CALCULATION.—Costs associ- tification made by a physician’’ and all that SEC. 3703. INCREASING MEDICARE TELEHEALTH ated with telehealth services shall not be follows through ‘‘face-to-face encounter’’ and FLEXIBILITIES DURING EMERGENCY used to determine the amount of payment inserting ‘‘, and, in the case of a certification PERIOD. for Federally qualified health center services made by a physician after January 1, 2010, or Section 1135 of the Social Security Act (42 under the prospective payment system under by a nurse practitioner, clinical nurse spe- U.S.C. 1320b–5) is amended— section 1834(o) or for rural health clinic serv- cialist, or physician assistant (as the case

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2102 CONGRESSIONAL RECORD — SENATE March 25, 2020 may be) after a date specified by the Sec- by section 3708 of the CARES Act the Sec- under title XIX of the Social Security Act in retary (but in no case later than the date retary shall prescribe regulations which the same manner and to the same extent as that is 6 months after the date of the enact- shall become effective no later than 6 such requirements apply under title XVIII of ment of the CARES Act), prior to making months after the enactment of such Act)’’ such Act or regulations promulgated there- such certification a physician, nurse practi- after ‘‘1981’’; and under. tioner, clinical nurse specialist, or physician (C) by striking ‘‘a physician who’’ and in- (f) EFFECTIVE DATE.—The Secretary of assistant must document that a physician, serting ‘‘a physician, nurse practitioner, Health and Human Services shall prescribe nurse practitioner, clinical nurse specialist, clinical nurse specialist, or physician assist- regulations to apply the amendments made certified nurse-midwife (as defined in section ant who’’; by this section to items and services fur- 1861(gg)) as authorized by State law, or phy- (4) in the fifth sentence, by inserting ‘‘, nished, which shall become effective no later sician assistant has had a face-to-face en- nurse practitioner, clinical nurse specialist, than 6 months after the date of the enact- counter’’; or physician assistant’’ after ‘‘physician’’; ment of this legislation. The Secretary shall (2) in the third sentence— and promulgate an interim final rule if nec- (A) by striking ‘‘physician certification’’ (5) in the sixth sentence— essary, to comply with the required effective and inserting ‘‘certification’’; (A) by inserting ‘‘or no later than 6 months date. (B) by inserting ‘‘(or in the case of regula- after the date of the enactment of the SEC. 3709. ADJUSTMENT OF SEQUESTRATION. tions to implement the amendments made CARES Act for purposes of documentation (a) TEMPORARY SUSPENSION OF MEDICARE by section 3708 of the CARES Act, the Sec- for certification and recertification made SEQUESTRATION.—During the period begin- retary shall prescribe regulations, which under paragraph (2) by a nurse practitioner, ning on May 1, 2020 and ending on December shall become effective no later than 6 clinical nurse specialist, or physician assist- 31, 2020, the Medicare programs under title months after the date of the enactment of ant,’’ after ‘‘January 1, 2019’’; and XVIII of the Social Security Act (42 U.S.C. such Act)’’ after ‘‘1981’’; and (B) by inserting ‘‘, nurse practitioner, clin- 1395 et seq.) shall be exempt from reduction (C) by striking ‘‘a physician who’’ and in- ical nurse specialist, or physician assistant’’ under any sequestration order issued before, serting ‘‘a physician, nurse practitioner, after ‘‘of the physician’’. on, or after the date of enactment of this clinical nurse specialist, or physician assist- (c) DEFINITION PROVISIONS.— Act. ant who’’; (1) HOME HEALTH SERVICES.—Section (b) EXTENSION OF DIRECT SPENDING REDUC- (3) in the fourth sentence, by inserting ‘‘, 1861(m) of the Social Security Act (42 U.S.C. TIONS THROUGH FISCAL YEAR 2030.—Section nurse practitioner, clinical nurse specialist, 1395x(m)) is amended— 251A(6) of the Balanced Budget and Emer- or physician assistant’’ after ‘‘physician’’; (A) in the matter preceding paragraph (1)— gency Deficit Control Act of 1985 (2 U.S.C. and (i) by inserting ‘‘, a nurse practitioner or a 901a(6)) is amended— (4) in the fifth sentence— clinical nurse specialist (as those terms are (1) in subparagraph (B), in the matter pre- (A) by inserting ‘‘or no later than 6 months defined in subsection (aa)(5)), or a physician ceding clause (i), by striking ‘‘through 2029’’ after the date of the enactment of the assistant (as defined in subsection (aa)(5))’’ and inserting ‘‘through 2030’’; and CARES Act for purposes of documentation after ‘‘physician’’ the first place it appears; (2) in subparagraph (C), in the matter pre- for certification and recertification made and ceding clause (i), by striking ‘‘fiscal year under paragraph (2) by a nurse practitioner, (ii) by inserting ‘‘, a nurse practitioner, a 2029’’ and inserting ‘‘fiscal year 2030’’. clinical nurse specialist, or physician assist- clinical nurse specialist, or a physician as- SEC. 3710. MEDICARE HOSPITAL INPATIENT PRO- ant,’’ after ‘‘January 1, 2019’’; and sistant’’ after ‘‘physician’’ the second place SPECTIVE PAYMENT SYSTEM ADD- (B) by inserting ‘‘, nurse practitioner, clin- it appears; and ON PAYMENT FOR COVID–19 PA- ical nurse specialist, or physician assistant’’ (B) in paragraph (3), by inserting ‘‘, a nurse TIENTS DURING EMERGENCY PE- after ‘‘of the physician’’. practitioner, a clinical nurse specialist, or a RIOD. (b) PART B PROVISIONS.—Section 1835(a) of physician assistant’’ after ‘‘physician’’. (a) IN GENERAL.—Section 1886(d)(4)(C) of the Social Security Act (42 U.S.C. 1395n(a)) is (2) HOME HEALTH AGENCY.—Section the Social Security Act (42 U.S.C. amended— 1861(o)(2) of the Social Security Act (42 1395ww(d)(4)(C)) is amended by adding at the (1) in paragraph (2)— U.S.C. 1395x(o)(2)) is amended— end the following new clause: (A) in the matter preceding subparagraph (A) by inserting ‘‘, nurse practitioners or ‘‘(iv)(I) For discharges occurring during (A), by inserting ‘‘, a nurse practitioner or clinical nurse specialists (as those terms are the emergency period described in section clinical nurse specialist (as those terms are defined in subsection (aa)(5)), certified nurse- 1135(g)(1)(B), in the case of a discharge of an defined in section 1861(aa)(5)) who is working midwives (as defined in subsection (gg)), or individual diagnosed with COVID–19, the in accordance with State law, or a physician physician assistants (as defined in subsection Secretary shall increase the weighting factor assistant (as defined in section 1861(aa)(5)) (aa)(5))’’ after ‘‘physicians’’; and that would otherwise apply to the diagnosis- who is working in accordance with State (B) by inserting ‘‘, nurse practitioner, clin- related group to which the discharge is as- law, who is’’ after ‘‘in the case of services de- ical nurse specialist, certified nurse-midwife, signed by 20 percent. The Secretary shall scribed in subparagraph (A), a physician’’; physician assistant,’’ after ‘‘physician’’. identify a discharge of such an individual and (3) COVERED OSTEOPOROSIS DRUG.—Section through the use of diagnosis codes, condition (B) in subparagraph (A)— 1861(kk)(1) of the Social Security Act (42 codes, or other such means as may be nec- (i) in each of clauses (ii) and (iii) of sub- U.S.C. 1395x(kk)(1)) is amended by inserting essary. paragraph (A) by inserting ‘‘, a nurse practi- ‘‘, nurse practitioner or clinical nurse spe- ‘‘(II) Any adjustment under subclause (I) tioner, a clinical nurse specialist, or a physi- cialist (as those terms are defined in sub- shall not be taken into account in applying cian assistant (as the case may be)’’ after section (aa)(5)), certified nurse-midwife (as budget neutrality under clause (iii) ‘‘physician’’; and defined in subsection (gg)), or physician as- ‘‘(III) In the case of a State for which the (ii) in clause (iv), by striking ‘‘after Janu- sistant (as defined in subsection (aa)(5))’’ Secretary has waived all or part of this sec- ary 1, 2010’’ and all that follows through after ‘‘attending physician’’. tion under the authority of section 1115A, ‘‘face-to-face encounter’’ and inserting (d) HOME HEALTH PROSPECTIVE PAYMENT nothing in this section shall preclude such ‘‘made by a physician after January 1, 2010, SYSTEM PROVISIONS.—Section 1895 of the So- State from implementing an adjustment or by a nurse practitioner, clinical nurse special Security Act (42 U.S.C. 1395fff) is amend- similar to the adjustment under subclause cialist, or physician assistant (as the case ed— (I).’’. may be) after a date specified by the Sec- (1) in subsection (c)(1)— (b) IMPLEMENTATION.—Notwithstanding retary (but in no case later than the date (A) by striking ‘‘(provided under section any other provision of law, the Secretary that is 6 months after the date of the enact- 1842(r))’’; and may implement the amendment made by ment of the CARES Act), prior to making (B) by inserting ‘‘the nurse practitioner or subsection (a) by program instruction or oth- such certification a physician, nurse practi- clinical nurse specialist (as those terms are erwise. tioner, clinical nurse specialist, or physician defined in section 1861(aa)(5)), or the physi- SEC. 3711. INCREASING ACCESS TO POST-ACUTE assistant must document that a physician, cian assistant (as defined in section CARE DURING EMERGENCY PERIOD. nurse practitioner, clinical nurse specialist, 1861(aa)(5))’’ after ‘‘physician’’; and (a) WAIVER OF IRF 3-HOUR RULE.—With re- certified nurse-midwife (as defined in section (2) in subsection (e)— spect to inpatient rehabilitation services 1861(gg)) as authorized by State law, or phy- (A) in paragraph (1)(A), by inserting ‘‘a furnished by a rehabilitation facility de- sician assistant has had a face-to-face en- nurse practitioner or clinical nurse spe- scribed in section 1886(j)(1) of the Social Se- counter’’; cialist, or a physician assistant’’ after ‘‘phy- curity Act (42 U.S.C. 1395ww(j)(1)) during the (2) in the third sentence, by inserting ‘‘, sician’’; and emergency period described in section nurse practitioner, clinical nurse specialist, (B) in paragraph (2)— 1135(g)(1)(B) of the Social Security Act (42 or physician assistant (as the case may be)’’ (i) in the heading, by striking ‘‘PHYSICIAN U.S.C. 1320b–5(g)(1)(B)), the Secretary of after physician; CERTIFICATION’’ and inserting ‘‘RULE OF CON- Health and Human Services shall waive sec- (3) in the fourth sentence— STRUCTION REGARDING REQUIREMENT FOR CER- tion 412.622(a)(3)(ii) of title 42, Code of Fed- (A) by striking ‘‘physician certification’’ TIFICATION’’; and eral Regulations (or any successor regula- and inserting ‘‘certification’’; (ii) by striking ‘‘physician’’. tions), relating to the requirement that pa- (B) by inserting ‘‘(or in the case of regula- (e) APPLICATION TO MEDICAID.—The amend- tients of an inpatient rehabilitation facility tions to implement the amendments made ments made under this section shall apply receive at least 15 hours of therapy per week.

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(b) WAIVER OF SITE-NEUTRAL PAYMENT (c) MEDICARE ADVANTAGE.—Section ‘‘(C) not a substitute for services that the RATE PROVISIONS FOR LONG-TERM CARE HOS- 1852(a)(1)(B) of the Social Security Act (42 hospital is obligated to provide through its PITALS.—With respect to inpatient hospital U.S.C. 1395w–22(a)(1)(B)) is amended— conditions of participation or under Federal services furnished by a long-term care hos- (1) in clause (iv)— or State law, or under another applicable re- pital described in section 1886(d)(1)(B)(iv) of (A) by redesignating subclause (VI) as sub- quirement; and the Social Security Act (42 U.S.C. clause (VII); and ‘‘(D) designed to ensure smooth transitions 1395ww(d)(1)(B)(iv)) during the emergency pe- (B) by inserting after subclause (V) the fol- between acute care settings and home and riod described in section 1135(g)(1)(B) of the lowing new subclause: community-based settings, and to preserve Social Security Act (42 U.S.C. 1320b– ‘‘(VI) A COVID-19 vaccine and its adminis- the individual’s functional abilities.’’. 5(g)(1)(B)), the Secretary of Health and tration described in section 1861(s)(10)(A).’’; SEC. 3716. CLARIFICATION REGARDING UNIN- Human Services shall waive the following and SURED INDIVIDUALS. provisions of section 1886(m)(6) of such Act (2) in clause (v), by striking ‘‘subclauses Subsection (ss) of section 1902 of the Social (42 U.S.C. 1395ww(m)(6)): (IV) and (V)’’ inserting ‘‘subclauses (IV), (V), Security Act (42 U.S.C. 1396a), as added by (1) LTCH 50-PERCENT RULE.—Subparagraph and (VI)’’. section 6004(a)(3)(C) of the Families First (C)(ii) of such section, relating to the pay- (d) EFFECTIVE DATE.—The amendments Coronavirus Response Act, is amended— ment adjustment for long-term care hos- made by this section shall take effect on the (1) in paragraph (1), by inserting ‘‘(exclud- pitals that do not have a discharge payment date of enactment of this Act and shall apply ing subclause (VIII) of such subsection if the percentage for the period that is at least 50 with respect to a COVID-19 vaccine begin- individual is a resident of a State which does percent. ning on the date that such vaccine is li- not furnish medical assistance to individuals (2) SITE-NEUTRAL IPPS PAYMENT RATE.— censed under section 351 of the Public Health described in such subclause)’’ before the Subparagraph (A)(i) of such section, relating Service Act (42 U.S.C. 262). semicolon; and to the application of the site-neutral pay- (e) IMPLEMENTATION.—Notwithstanding (2) in paragraph (2), by inserting ‘‘, except ment rate (and payment shall be made to a any other provision of law, the Secretary that individuals who are eligible for medical long-term care hospital without regard to may implement the provisions of, and the assistance under subsection such section) for a discharge if the admission amendments made by, this section by pro- (a)(10)(A)(ii)(XII), subsection occurs during such emergency period and is gram instruction or otherwise. (a)(10)(A)(ii)(XVIII), subsection in response to the public health emergency SEC. 3714. REQUIRING MEDICARE PRESCRIPTION (a)(10)(A)(ii)(XXI), or subsection (a)(10)(C) described in such section 1135(g)(1)(B). DRUG PLANS AND MA–PD PLANS TO (but only to the extent such an individual is SEC. 3712. REVISING PAYMENT RATES FOR DURA- ALLOW DURING THE COVID-19 considered to not have minimum essential BLE MEDICAL EQUIPMENT UNDER EMERGENCY PERIOD FOR FILLS THE MEDICARE PROGRAM AND REFILLS OF COVERED PART D coverage under section 5000A(f)(1) of the In- THROUGH DURATION OF EMER- DRUGS FOR UP TO A 3-MONTH SUP- ternal Revenue Code of 1986), or who are de- GENCY PERIOD. PLY. scribed in subsection (l)(1)(A) and are eligible (a) RURAL AND NONCONTIGUOUS AREAS.— (a) IN GENERAL.—Section 1860D–4(b) of the for medical assistance only because of sub- The Secretary of Health and Human Services Social Security Act (42 U.S.C. 1395w–104(b)) is section (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX) shall implement section 414.210(g)(9)(iii) of amended by adding at the end the following and whose eligibility for such assistance is title 42, Code of Federal Regulations (or any new paragraph: limited by the State under clause (VII) in successor regulation), to apply the transition ‘‘(4) ENSURING ACCESS DURING COVID-19 PUB- the matter following subsection (a)(10)(G), rule described in such section to all applica- LIC HEALTH EMERGENCY PERIOD.— shall not be treated as enrolled in a Federal ble items and services furnished in rural ‘‘(A) IN GENERAL.—During the emergency health care program for purposes of this areas and noncontiguous areas (as such period described in section 1135(g)(1)(B), subparagraph’’ before the period at the end. terms are defined for purposes of such sec- ject to subparagraph (B), a prescription drug SEC. 3717. CLARIFICATION REGARDING COV- tion) as planned through December 31, 2020, plan or MA–PD plan shall, notwithstanding ERAGE OF COVID-19 TESTING PROD- and through the duration of the emergency any cost and utilization management, medi- UCTS. period described in section 1135(g)(1)(B) of cation therapy management, or other such Subparagraph (B) of section 1905(a)(3) of the Social Security Act (42 U.S.C. 1320b– programs under this part, permit a part D el- the Social Security Act (42 U.S.C. 5(g)(1)(B)), if longer. igible individual enrolled in such plan to ob- 1396d(a)(3)), as added by section 6004(a)(1)(C) (b) AREAS OTHER THAN RURAL AND NON- tain in a single fill or refill, at the option of of the Families First Coronavirus Response CONTIGUOUS AREAS.—With respect to items such individual, the total day supply (not to Act (Public Law 116–127), is amended by and services furnished on or after the date exceed a 90-day supply) prescribed for such striking ‘‘that are approved, cleared, or au- that is 30 days after the date of the enact- individual for a covered part D drug. thorized under section 510(k), 513, 515 or 564 ment of this Act, the Secretary of Health ‘‘(B) SAFETY EDIT EXCEPTION.—A prescrip- of the Federal Food, Drug, and Cosmetic and Human Services shall apply section tion drug plan or MA–PD plan may not per- Act’’. 414.210(g)(9)(iv) of title 42, Code of Federal mit a part D eligible individual to obtain a Regulations (or any successor regulation), as SEC. 3718. AMENDMENTS RELATING TO REPORT- single fill or refill inconsistent with an ap- ING REQUIREMENTS WITH RESPECT if the reference to ‘‘dates of service from plicable safety edit.’’. TO CLINICAL DIAGNOSTIC LABORA- June 1, 2018 through December 31, 2020, based (b) IMPLEMENTATION.—Notwithstanding TORY TESTS. on the fee schedule amount for the area is any other provision of law, the Secretary of (a) REVISED REPORTING PERIOD FOR RE- equal to 100 percent of the adjusted payment Health and Human Services may implement PORTING OF PRIVATE SECTOR PAYMENT RATES amount established under this section’’ were the amendment made by this section by pro- FOR ESTABLISHMENT OF MEDICARE PAYMENT instead a reference to ‘‘dates of service from gram instruction or otherwise. RATES.—Section 1834A(a)(1)(B) of the Social March 6, 2020, through the remainder of the Security Act (42 U.S.C. 1395m–1(a)(1)(B)) is duration of the emergency period described SEC. 3715. PROVIDING HOME AND COMMUNITY- BASED SERVICES IN ACUTE CARE amended— in section 1135(g)(1)(B) of the Social Security HOSPITALS. (1) in clause (i), by striking ‘‘December 31, Act (42 U.S.C. 1320b–5(g)(1)(B)), based on the Section 1902(h) of the Social Security Act 2020’’ and inserting ‘‘December 31, 2021’’; and fee schedule amount for the area is equal to (42 U.S.C. 1396a(h)) is amended— (2) in clause (ii)— 75 percent of the adjusted payment amount (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; (A) by striking ‘‘January 1, 2021’’ and in- established under this section and 25 percent (2) by inserting ‘‘, home and community- serting ‘‘January 1, 2022’’; and of the unadjusted fee schedule amount’’. based services provided under subsection (c), (B) by striking ‘‘March 31, 2021’’ and insert- SEC. 3713. COVERAGE OF THE COVID-19 VACCINE (d), or (i) of section 1915 or under a waiver or ing ‘‘March 31, 2022’’. UNDER PART B OF THE MEDICARE PROGRAM WITHOUT ANY COST- demonstration project under section 1115, (b) REVISED PHASE-IN OF REDUCTIONS FROM SHARING. self-directed personal assistance services PRIVATE PAYOR RATE IMPLEMENTATION.—Sec- (a) MEDICAL AND OTHER HEALTH SERV- provided pursuant to a written plan of care tion 1834A(b)(3) of the Social Security Act (42 ICES.—Section 1861(s)(10)(A) of the Social Se- under section 1915(j), and home and commu- U.S.C. 1395m–1(b)(3)) is amended— curity Act (42 U.S.C. 1395x(s)(10)(A)) is nity-based attendant services and supports (1) in subparagraph (A), by striking amended by inserting ‘‘, and COVID-19 vac- under section 1915(k)’’ before the period; and ‘‘through 2023’’ and inserting ‘‘through 2024’’; cine and its administration’’ after ‘‘influenza (3) by adding at the end the following: and vaccine and its administration’’. ‘‘(2) Nothing in this title, title XVIII, or (2) in subparagraph (B)— (b) PART B DEDUCTIBLE.—The first sen- title XI shall be construed as prohibiting re- (A) in clause (i), by striking ‘‘and’’ at the tence of section 1833(b) of the Social Secu- ceipt of any care or services specified in end; rity Act (42 U.S.C. 1395l(b)) is amended— paragraph (1) in an acute care hospital that (B) by redesignating clause (ii) as clause (1) in paragraph (10), by striking ‘‘and’’ at are— (iii); the end; and ‘‘(A) identified in an individual’s person- (C) by inserting after clause (i) the fol- (2) in paragraph (11), by striking the period centered service plan (or comparable plan of lowing new clause: at the end and inserting ‘‘, and (12) such de- care); ‘‘(ii) for 2021, 0 percent; and’’; and ductible shall not apply with respect a ‘‘(B) provided to meet needs of the indi- (D) in clause (iii), as redesignated by sub- COVID-19 vaccine and its administration de- vidual that are not met through the provi- paragraph (B), by striking ‘‘2021 through scribed in section 1861(s)(10)(A).’’. sion of hospital services; 2023’’ and inserting ‘‘2022 through 2024’’.

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2104 CONGRESSIONAL RECORD — SENATE March 25, 2020 SEC. 3719. EXPANSION OF THE MEDICARE HOS- Subtitle E—Health and Human Services amended by striking clauses (x) through (xii) PITAL ACCELERATED PAYMENT Extenders and inserting the following new clauses: PROGRAM DURING THE COVID-19 PART I—MEDICARE PROVISIONS ‘‘(x) for fiscal year 2020, of $5,000,000; and PUBLIC HEALTH EMERGENCY. ‘‘(xi) for the period beginning on October 1, SEC. 3801. EXTENSION OF THE WORK GEO- Section 1815 of the Social Security Act (42 GRAPHIC INDEX FLOOR UNDER THE 2020, and ending on November 30, 2020, the U.S.C. 1395g) is amended— MEDICARE PROGRAM. amount equal to the pro rata portion of the (1) in subsection (e)(3), by striking ‘‘In the Section 1848(e)(1)(E) of the Social Security amount appropriated for such period for fis- case’’ and inserting ‘‘Subject to subsection Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by cal year 2020.’’. (f), in the case’’; and striking ‘‘May 23, 2020’’ and inserting ‘‘De- (4) ADDITIONAL FUNDING FOR CONTRACT WITH (2) by adding at the end the following new cember 1, 2020’’. THE NATIONAL CENTER FOR BENEFITS AND OUT- REACH ENROLLMENT.—Subsection (d)(2) of subsection: SEC. 3802. EXTENSION OF FUNDING FOR QUALITY such section 119, as so amended, is amended ‘‘(f)(1) During the emergency period de- MEASURE ENDORSEMENT, INPUT, by striking clauses (x) through (xii) and in- scribed in section 1135(g)(1)(B), the Secretary AND SELECTION. (a) IN GENERAL.—Section 1890(d)(2) of the serting the following new clauses: shall expand the program under subsection Social Security Act (42 U.S.C. 1395aaa(d)(2)) ‘‘(x) for fiscal year 2020, of $12,000,000; and (e)(3) pursuant to paragraph (2). is amended— ‘‘(xi) for the period beginning on October 1, ‘‘(2) In expanding the program under sub- (1) in the first sentence, by striking ‘‘and 2020, and ending on November 30, 2020, the section (e)(3), the following shall apply: $4,830,000 for the period beginning on October amount equal to the pro rata portion of the ‘‘(A)(i) In addition to the hospitals de- 1, 2019, and ending on May 22, 2020’’ and in- amount appropriated for such period for fis- scribed in subsection (e)(3), the following serting ‘‘$20,000,000 for fiscal year 2020, and cal year 2020.’’. hospitals shall be eligible to participate in for the period beginning on October 1, 2020, (b) EFFECTIVE DATE.—The amendments the program: and ending on November 30, 2020, the amount made by subsection (a) shall take effect as if ‘‘(I) Hospitals described in clause (iii) of equal to the pro rata portion of the amount included in the enactment of the Further section 1886(d)(1)(B). appropriated for such period for fiscal year Consolidated Appropriations Act, 2020 (Pub- ‘‘(II) Hospitals described in clause (v) of 2020’’; and lic Law 116–94). such section. (2) in the third sentence, by striking ‘‘and PART II—MEDICAID PROVISIONS ‘‘(III) Critical access hospitals (as defined 2019 and for the period beginning on October SEC. 3811. EXTENSION OF THE MONEY FOLLOWS in section 1861(mm)(1)). 1, 2019, and ending on May 22, 2020’’ and in- THE PERSON REBALANCING DEM- ‘‘(ii) Subject to appropriate safeguards serting ‘‘, 2019, and 2020, and for the period ONSTRATION PROGRAM. against fraud, waste, and abuse, upon a re- beginning on October 1, 2020, and ending on Section 6071(h) of the Deficit Reduction quest of a hospital described in clause (i), the November 30, 2020,’’. Act of 2005 (42 U.S.C. 1396a note) is amend- Secretary shall provide accelerated pay- (b) EFFECTIVE DATE.—The amendments ed— ments under the program to such hospital. made by subsection (a) shall take effect as if (1) in paragraph (1), by striking subpara- ‘‘(B) Upon the request of the hospital, the included in the enactment of the Further graph (G) and inserting the following: Secretary may do any of the following: Consolidated Appropriations Act, 2020 (Pub- ‘‘(G) subject to paragraph (3), $337,500,000 ‘‘(i) Make accelerated payments on a peri- lic Law 116–94). for the period beginning on January 1, 2020, odic or lump sum basis. SEC. 3803. EXTENSION OF FUNDING OUTREACH and ending on September 30, 2020; and ‘‘(ii) Increase the amount of payment that AND ASSISTANCE FOR LOW-INCOME ‘‘(H) subject to paragraph (3), for the pe- would otherwise be made to hospitals under PROGRAMS. riod beginning on October 1, 2020, and ending the program up to 100 percent (or, in the case (a) FUNDING EXTENSIONS.— on November 30, 2020, the amount equal to of critical access hospitals, up to 125 per- (1) ADDITIONAL FUNDING FOR STATE HEALTH the pro rata portion of the amount appro- cent). INSURANCE PROGRAMS.—Subsection (a)(1)(B) priated for such period for fiscal year 2020.’’; ‘‘(iii) Extend the period that accelerated of section 119 of the Medicare Improvements and payments cover so that it covers up to a 6- for Patients and Providers Act of 2008 (42 (2) in paragraph (3), by striking ‘‘and (G)’’ month period. U.S.C. 1395b–3 note), as amended by section and inserting ‘‘, (G), and (H)’’. ‘‘(C) Upon the request of the hospital, the 3306 of the Patient Protection and Affordable SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISH- Secretary shall do the following: Care Act (Public Law 111–148), section 610 of MENT PROTECTIONS. ‘‘(i) Provide up to 120 days before claims the American Taxpayer Relief Act of 2012 (a) IN GENERAL.—Section 2404 of Public are offset to recoup the accelerated pay- (Public Law 112–240), section 1110 of the Law 111–148 (42 U.S.C. 1396r–5 note) is amendment. Pathway for SGR Reform Act of 2013 (Public ed by striking ‘‘May 22, 2020’’ and inserting ‘‘(ii) Allow not less than 12 months from Law 113–67), section 110 of the Protecting Ac- ‘‘November 30, 2020’’. the date of the first accelerated payment be- cess to Medicare Act of 2014 (Public Law 113– (b) RULE OF CONSTRUCTION.—Nothing in fore requiring that the outstanding balance 93), section 208 of the Medicare Access and section 2404 of Public Law 111–148 (42 U.S.C. be paid in full. CHIP Reauthorization Act of 2015 (Public 1396r–5 note) or section 1902(a)(17) or 1924 of Law 114–10), section 50207 of division E of the the Social Security Act (42 U.S.C. ‘‘(3) Nothing in this subsection shall pre- Bipartisan Budget Act of 2018 (Public Law 1396a(a)(17), 1396r–5) shall be construed as clude the Secretary from carrying out the 115–123), section 1402 of division B of the Con- prohibiting a State from— provisions described in clauses (i), (ii), and tinuing Appropriations Act, 2020, and Health (1) applying an income or resource dis- (iii) of paragraph (2)(B) and clauses (i) and Extenders Act of 2019 (Public Law 116–59), regard under a methodology authorized (ii) of paragraph (2)(C) under the program section 1402 of division B of the Further Con- under section 1902(r)(2) of such Act (42 U.S.C. under subsection (e)(3) after the period for tinuing Appropriations Act, 2020, and Fur- 1396a(r)(2))— which this subsection applies. ther Health Extenders Act of 2019 (Public (A) to the income or resources of an indi- Law 116–69), and section 103 of division N of vidual described in section ‘‘(4) Notwithstanding any other provision the Further Consolidated Appropriations 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. of law, the Secretary may implement the Act, 2020 (Public Law 116–94) is amended by 1396a(a)(10)(A)(ii)(VI)) (including a disregard provisions of this subsection by program in- striking clauses (x) through (xii) and insert- of the income or resources of such individ- struction or otherwise.’’. ing the following new clauses: ual’s spouse); or SEC. 3720. DELAYING REQUIREMENTS FOR EN- ‘‘(x) for fiscal year 2020, of $13,000,000; and (B) on the basis of an individual’s need for HANCED FMAP TO ENABLE STATE ‘‘(xi) for the period beginning on October 1, home and community-based services author- LEGISLATION NECESSARY FOR COM- 2020, and ending on November 30, 2020, the ized under subsection (c), (d), (i), or (k) of PLIANCE. amount equal to the pro rata portion of the section 1915 of such Act (42 U.S.C. 1396n) or amount appropriated for such period for fis- under section 1115 of such Act (42 U.S.C. Section 6008 of the Families First cal year 2020.’’. 1315); or Coronavirus Response Act is amended by (2) ADDITIONAL FUNDING FOR AREA AGENCIES (2) disregarding an individual’s spousal in- adding at the end the following new sub- ON AGING.—Subsection (b)(1)(B) of such sec- come and assets under a plan amendment to section: tion 119, as so amended, is amended by strik- provide medical assistance for home and ‘‘(d) DELAY IN APPLICATION OF PREMIUM RE- ing clauses (x) through (xii) and inserting community-based services for individuals by QUIREMENT.—During the 30 day period begin- the following new clauses: reason of being determined eligible under ning on the date of enactment of this Act, a ‘‘(x) for fiscal year 2020, of $7,500,000; and section 1902(a)(10)(C) of such Act (42 U.S.C. ‘‘(xi) for the period beginning on October 1, 1396a(a)(10)(C)) or by reason of section 1902(f) State shall not be ineligible for the increase 2020, and ending on November 30, 2020, the of such Act (42 U.S.C. 1396a(f)) or otherwise to the Federal medical assistance percentage amount equal to the pro rata portion of the on the basis of a reduction of income based of the State described in subsection (a) on amount appropriated for such period for fis- on costs incurred for medical or other reme- the basis that the State imposes a premium cal year 2020.’’. dial care under which the State disregarded that violates the requirement of subsection (3) ADDITIONAL FUNDING FOR AGING AND DIS- the income and assets of the individual’s (b)(2) if such premium was in effect on the ABILITY RESOURCE CENTERS.—Subsection spouse in determining the initial and ongo- date of enactment of this Act.’’. (c)(1)(B) of such section 119, as so amended, is ing financial eligibility of an individual for

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2105 such services in place of the spousal impov- age applicable under subparagraph (B) to (ii) by striking ‘‘fiscal year 2020’’ and in- erishment provisions applied under section amounts expended by a State participating serting ‘‘fiscal year 2021’’ 1924 of such Act (42 U.S.C. 1396r–5). in the demonstration program under this (B) in paragraph (2)(A)— SEC. 3813. DELAY OF DSH REDUCTIONS. subsection shall— (i) by striking ‘‘and 2019 and for the period Section 1923(f)(7)(A) of the Social Security ‘‘(I) in the case of a State participating in beginning October 1, 2019, and ending May 22, Act (42 U.S.C. 1396r–4(f)(7)(A)) is amended— the demonstration program as of January 1, 2020’’ and inserting ‘‘through 2020 and for the (1) in clause (i), in the matter preceding 2020, apply to amounts expended by the State period beginning October 1, 2020, and ending subclause (I), by striking ‘‘May 23, 2020, and during the 8 fiscal quarter period (or any November 30, 2020’’; and ending September 30, 2020, and for each of fis- portion of such period) that begins on Janu- (ii) by striking ‘‘fiscal year 2020’’ and in- cal years 2021’’ and inserting ‘‘December 1, ary 1, 2020; and serting ‘‘fiscal year 2021’’; and 2020, and ending September 30, 2021, and for ‘‘(II) in the case of a State selected to par- (2) in subsection (f)(1), by striking ‘‘and each of fiscal years 2022’’; and ticipate in the demonstration program under 2019 and $48,287,671 for the period beginning (2) in clause (ii)— paragraph (8), during first 8 fiscal quarter pe- October 1, 2019, and ending May 22, 2020’’ and (A) in subclause (I), by striking ‘‘May 23, riod (or any portion of such period) that the inserting ‘‘through 2020, and for the period 2020, and ending September 30, 2020’’ and in- State participates in a demonstration pro- beginning on October 1, 2020, and ending on serting ‘‘December 1, 2020, and ending Sep- gram.’’. November 30, 2020, the amount equal to the tember 30, 2021’’; and (c) GAO STUDY AND REPORT ON THE COMMU- pro rata portion of the amount appropriated (B) in subclause (II), by striking ‘‘2021’’ and NITY AND MENTAL HEALTH SERVICES DEM- for such period for fiscal year 2020’’. inserting ‘‘2022’’. ONSTRATION PROGRAM.— SEC. 3822. EXTENSION OF PERSONAL RESPONSI- SEC. 3814. EXTENSION AND EXPANSION OF COM- (1) IN GENERAL.—Not later than 18 months BILITY EDUCATION PROGRAM. MUNITY MENTAL HEALTH SERVICES after the date of the enactment of this Act, Section 513 of the Social Security Act (42 DEMONSTRATION PROGRAM. the Comptroller General of the United States U.S.C. 713) is amended— (a) IN GENERAL.—Section 223(d) of the Pro- shall submit to the Committee on Energy (1) in subsection (a)— tecting Access to Medicare Act of 2014 (42 and Commerce of the House of Representa- (A) in paragraph (1)— U.S.C. 1396a note) is amended— tives and the Committee on Finance of the (i) in subparagraph (A), in the matter pre- (1) in paragraph (3)— Senate a report on the community and men- ceding clause (i), by striking ‘‘2019 and for (A) by striking ‘‘Not more than’’ and in- tal health services demonstration program the period beginning October 1, 2019, and end- serting ‘‘Subject to paragraph (8), not more conducted under section 223 of the Pro- ing May 22, 2020’’ and inserting ‘‘2020 and for than’’; and tecting Access to Medicare Act of 2014 (42 the period beginning October 1, 2020, and end- (B) by striking ‘‘May 22, 2020’’ and insert- U.S.C. 1396a note) (referred to in this sub- ing November 30, 2020’’; and ing ‘‘November 30, 2020’’; and section as the ‘‘demonstration program’’). (ii) in subparagraph (B)(i), by striking by (2) by adding at the end the following new (2) CONTENT OF REPORT.—The report re- striking ‘‘October 1, 2019, and ending May 22, paragraph: quired under paragraph (1) shall include the 2020’’ and inserting ‘‘October 1, 2020, and end- ‘‘(8) ADDITIONAL PROGRAMS.— following information: ing November 30, 2020’’; ‘‘(A) IN GENERAL.—Not later than 6 months (A) Information on States’ experiences par- (2) in paragraph (4)(A), by striking ‘‘2019’’ after the date of enactment of this para- ticipating in the demonstration program, in- each place it appears and inserting ‘‘2020’’; graph, in addition to the 8 States selected cluding the extent to which States— and under paragraph (1), the Secretary shall se- (i) measure the effects of access to cer- (3) in subsection (f), by striking ‘‘2019 and lect 2 States to participate in 2-year dem- tified community behavioral health clinics $48,287,671 for the period beginning October 1, onstration programs that meet the require- on patient health and cost of care, includ- 2019, and ending May 22, 2020’’ and inserting ments of this subsection. ing— ‘‘2020, and for the period beginning on Octo- ‘‘(B) SELECTION OF STATES.— (I) engagement in treatment for behavioral ber 1, 2020, and ending on November 30, 2020, ‘‘(i) IN GENERAL.—Subject to clause (ii), in health conditions; the amount equal to the pro rata portion of selecting States under this paragraph, the (II) relevant clinical outcomes, to the ex- the amount appropriated for such period for Secretary— tent collected; fiscal year 2020’’. (III) screening and treatment for comorbid ‘‘(I) shall select States that— SEC. 3823. EXTENSION OF DEMONSTRATION ‘‘(aa) were awarded planning grants under medical conditions; and PROJECTS TO ADDRESS HEALTH subsection (c); and (IV) use of crisis stabilization, emergency PROFESSIONS WORKFORCE NEEDS. ‘‘(bb) applied to participate in the dem- department, and inpatient care. Activities authorized by section 2008 of the onstration programs under this subsection (B) Information on Federal efforts to Social Security Act shall continue through under paragraph (1) but, as of the date of en- evaluate the demonstration program, includ- November 30, 2020, in the manner authorized actment of this paragraph, were not selected ing— for fiscal year 2019, and out of any money in to participate under paragraph (1); and (i) quality measures used to evaluate the the Treasury of the United States not other- ‘‘(II) shall use the results of the Sec- program; wise appropriated, there are hereby appro- retary’s evaluation of each State’s applica- (ii) assistance provided to States on data priated such sums as may be necessary for tion under paragraph (1) to determine which collection and reporting; such purpose. Grants and payments may be States to select, and shall not require the (iii) assessments of the reliability and use- made pursuant to this authority through the submission of any additional application. fulness of State-submitted data; and date so specified at the pro rata portion of ‘‘(C) REQUIREMENTS FOR SELECTED (iv) the extent to which such efforts pro- the total amount authorized for such activi- STATES.—Prior to services being delivered vide information on the relative quality, ties in fiscal year 2019. under the demonstration authority in a scope, and cost of services as compared with SEC. 3824. EXTENSION OF THE TEMPORARY AS- State selected under this paragraph, the services not provided under the demonstra- SISTANCE FOR NEEDY FAMILIES State shall— tion program, and in comparison to Medicaid PROGRAM AND RELATED PRO- ‘‘(i) submit a plan to monitor certified beneficiaries with mental illness and sub- GRAMS. Activities authorized by part A of title IV community behavioral health clinics under stance use disorders not served under the and section 1108(b) of the Social Security Act the demonstration program to ensure com- demonstration program. shall continue through November 30, 2020, in pliance with certified community behavioral (C) Recommendations for improvements to the manner authorized for fiscal year 2019, health criteria during the demonstration pe- the following: (i) The reporting, accuracy, and validation and out of any money in the Treasury of the riod; and United States not otherwise appropriated, ‘‘(ii) commit to collecting data, notifying of encounter data. (ii) Accuracy in payments to certified com- there are hereby appropriated such sums as the Secretary of any planned changes that may be necessary for such purpose. would deviate from the prospective payment munity behavioral health clinics under State PART IV—PUBLIC HEALTH PROVISIONS system methodology outlined in the State’s plans or waivers under title XIX of the So- demonstration application, and obtaining cial Security Act (42 U.S.C. 1396 et seq.). SEC. 3831. EXTENSION FOR COMMUNITY HEALTH approval from the Secretary for any such PART III—HUMAN SERVICES AND OTHER CENTERS, THE NATIONAL HEALTH HEALTH PROGRAMS SERVICE CORPS, AND TEACHING change before implementing the change.’’. HEALTH CENTERS THAT OPERATE (b) LIMITATION.—Section 223(d)(5) of the SEC. 3821. EXTENSION OF SEXUAL RISK AVOID- GME PROGRAMS. Protecting Access to Medicare Act of 2014 (42 ANCE EDUCATION PROGRAM. (a) COMMUNITY HEALTH CENTERS.—Section U.S.C. 1396a note) is amended— Section 510 of the Social Security Act (42 10503(b)(1)(F) of the Patient Protection and (1) in subparagraph (B), in the matter pre- U.S.C. 710) is amended— Affordable Care Act (42 U.S.C. 254b–2(b)(1)(F)) ceding clause (i), by striking ‘‘The Federal (1) in subsection (a)— is amended by striking ‘‘and $2,575,342,466 for matching’’ and inserting ‘‘Subject to sub- (A) in paragraph (1), in the matter pre- the period beginning on October 1, 2019, and paragraph (C)(iii), the Federal matching’’; ceding subparagraph (A)— ending on May 22, 2020’’ and inserting and (i) by striking ‘‘and 2019 and for the period ‘‘$4,000,000,000 for fiscal year 2020, and (2) in subparagraph (C), by adding at the beginning October 1, 2019, and ending May 22, $668,493,151 for the period beginning on Octo- end the following new clause: 2020’’ and inserting ‘‘through 2020 and for the ber 1, 2020, and ending on November 30, 2020’’. ‘‘(iii) PAYMENTS FOR AMOUNTS EXPENDED period beginning October 1, 2020, and ending (b) NATIONAL HEALTH SERVICE CORPS.—Sec- AFTER 2019.—The Federal matching percent- November 30, 2020’’; and tion 10503(b)(2) of the Patient Protection and

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2106 CONGRESSIONAL RECORD — SENATE March 25, 2020 Affordable Care Act (42 U.S.C. 254b–2(b)(2)) is prescription drugs marketed without an ap- such tentative final monograph and in any amended— proved drug application under section 505, as final rule establishing requirements that are (1) in subparagraph (F), by striking ‘‘and’’ of the date of the enactment of this section, applicable to the drug; and at the end; and shall be treated in accordance with this sub- ‘‘(III) the general requirements for non- (2) by striking subparagraph (G) and in- section. prescription drugs and conditions or require- serting the following: ‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; ments under subsection (b) or (k); and ‘‘(G) $310,000,000 for fiscal year 2020; and CATEGORY I DRUGS SUBJECT TO A TENTATIVE ‘‘(iii) in a dosage form that, immediately ‘‘(H) $51,808,219 for the period beginning on FINAL MONOGRAPH.—A drug is deemed to be prior to the date of the enactment of this October 1, 2020, and ending on November 30, generally recognized as safe and effective section, had been used to a material extent 2020.’’. under section 201(p)(1), not a new drug under and for a material time under section (c) TEACHING HEALTH CENTERS THAT OPER- section 201(p), and not subject to section 201(p)(2); or ATE GRADUATE MEDICAL EDUCATION PRO- 503(b)(1), if— ‘‘(B) the drug is— GRAMS.—Section 340H(g)(1) of the Public ‘‘(A) the drug is— ‘‘(i) classified in category I for safety and Health Service Act (42 U.S.C. 256h(g)(1)) is ‘‘(i) in conformity with the requirements effectiveness under a proposed monograph or amended by striking ‘‘and 2019, and for nonprescription use of a final monograph advance notice of proposed rulemaking that $81,445,205 for the period beginning on Octo- issued under part 330 of title 21, Code of Fed- is the most recently applicable proposal or eral Regulations (except as provided in para- ber 1, 2019, and ending on May 22, 2020’’ and determination for such drug issued under graph (2)), the general requirements for non- inserting ‘‘through fiscal year 2020, and part 330 of title 21, Code of Federal Regula- $21,141,096 for the period beginning on Octo- prescription drugs, and conditions or re- tions; ber 1, 2020, and ending on November 30, 2020’’. quirements under subsections (b), (c), and ‘‘(ii) in conformity with the requirements (d) APPLICATION OF PROVISIONS.—Amounts (k); and for nonprescription use of such proposed appropriated pursuant to the amendments ‘‘(ii) except as permitted by an order issued made by this section for fiscal year 2020 and under subsection (b) or, in the case of a monograph or advance notice of proposed for the period beginning on October 1, 2020, minor change in the drug, in conformity rulemaking, any applicable subsequent de- and ending on November 30, 2020, shall be with an order issued under subsection (c), in termination by the Secretary, the general subject to the requirements contained in a dosage form that, immediately prior to the requirements for nonprescription drugs, and Public Law 116–94 for funds for programs au- date of the enactment of this section, has conditions or requirements under subsection thorized under sections 330 through 340 of the been used to a material extent and for a ma- (b) or (k); and Public Health Service Act (42 U.S.C. 254 terial time under section 201(p)(2); or ‘‘(iii) in a dosage form that, immediately through 256). ‘‘(B) the drug is— prior to the date of the enactment of this (e) CONFORMING AMENDMENT.—Paragraph ‘‘(i) classified in category I for safety and section, has been used to a material extent (4) of section 3014(h) of title 18, United States effectiveness under a tentative final mono- and for a material time under section Code, as amended by section 401(e) of divi- graph that is the most recently applicable 201(p)(2). sion N of Public Law 116–94, is amended by proposal or determination issued under part ‘‘(4) CATEGORY II DRUGS DEEMED NEW striking ‘‘section 401(d) of division N of the 330 of title 21, Code of Federal Regulations; DRUGS.—A drug that is classified in category Further Consolidated Appropriations Act, ‘‘(ii) in conformity with the proposed re- II for safety or effectiveness under a ten- 2020’’ and inserting ‘‘section 3831 of the quirements for nonprescription use of such tative final monograph or that is subject to CARES Act’’. tentative final monograph, any applicable a determination to be not generally recog- SEC. 3832. DIABETES PROGRAMS. subsequent determination by the Secretary, nized as safe and effective in a proposed rule (a) TYPE I.—Section 330B(b)(2)(D) of the the general requirements for nonprescription that is the most recently applicable proposal Public Health Service Act (42 U.S.C. 254c– drugs, and conditions or requirements under issued under part 330 of title 21, Code of Fed- 2(b)(2)(D)) is amended by striking ‘‘and 2019, subsections (b), (c), and (k); and eral Regulations, shall be deemed to be a and $96,575,342 for the period beginning on ‘‘(iii) except as permitted by an order new drug under section 201(p), misbranded October 1, 2019, and ending on May 22, 2020’’ issued under subsection (b) or, in the case of under section 502(ee), and subject to the re- and inserting ‘‘through 2020, and $25,068,493 a minor change in the drug, in conformity quirement for an approved new drug applica- for the period beginning on October 1, 2020, with an order issued under subsection (c), in tion under section 505 beginning on the day and ending on November 30, 2020’’. a dosage form that, immediately prior to the that is 180 calendar days after the date of the (b) INDIANS.—Section 330C(c)(2)(D) of the date of the enactment of this section, has enactment of this section, unless, before Public Health Service Act (42 U.S.C. 254c– been used to a material extent and for a ma- such day, the Secretary determines that it is 3(c)(2)(D)) is amended by striking ‘‘and 2019, terial time under section 201(p)(2). in the interest of public health to extend the and $96,575,342 for the period beginning on ‘‘(2) TREATMENT OF SUNSCREEN DRUGS.— period during which the drug may be mar- October 1, 2019, and ending on May 22, 2020’’ With respect to sunscreen drugs subject to keted without such an approved new drug ap- and inserting ‘‘through 2020, and $25,068,493 this section, the applicable requirements in plication. for the period beginning on October 1, 2020, terms of conformity with a final monograph, ‘‘(5) DRUGS NOT GRASE DEEMED NEW and ending on November 30, 2020’’. for purposes of paragraph (1)(A)(i), shall be DRUGS.—A drug that the Secretary has deter- PART V—MISCELLANEOUS PROVISIONS the requirements specified in part 352 of title mined not to be generally recognized as safe 21, Code of Federal Regulations, as published SEC. 3841. PREVENTION OF DUPLICATE APPRO- and effective under section 201(p)(1) under a on May 21, 1999, beginning on page 27687 of PRIATIONS FOR FISCAL YEAR 2020. final determination issued under part 330 of volume 64 of the Federal Register, except Expenditures made under any provision of title 21, Code of Federal Regulations, shall be that the applicable requirements governing law amended in this title pursuant to the deemed to be a new drug under section 201(p), effectiveness and labeling shall be those amendments made by the Continuing Appro- misbranded under section 502(ee), and subject specified in section 201.327 of title 21, Code of priations Act, 2020, and Health Extenders Act to the requirement for an approved new drug Federal Regulations. of 2019 (Public Law 116–59), the Further Con- application under section 505. ‘‘(3) CATEGORY III DRUGS SUBJECT TO A TEN- tinuing Appropriations Act, 2020, and Fur- ‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.—Ex- TATIVE FINAL MONOGRAPH; CATEGORY I DRUGS ther Health Extenders Act of 2019 (Public cept as provided in subsection (m), a drug is SUBJECT TO PROPOSED MONOGRAPH OR AD- Law 116-69), and the Further Consolidated deemed to be a new drug under section 201(p) VANCE NOTICE OF PROPOSED RULEMAKING.—A Appropriations Act, 2020 (Public Law 116–94) and misbranded under section 502(ee) if the for fiscal year 2020 shall be charged to the drug that is not described in paragraph (1), (2), or (4) is not required to be the subject of drug— applicable appropriation or authorization ‘‘(A) is not subject to section 503(b)(1); and provided by the amendments made by this an application approved under section 505, and is not subject to section 503(b)(1), if— ‘‘(B) is not described in paragraph (1), (2), title to such provision of law for such fiscal (3), (4), or (5), or subsection (b)(1)(B). year. ‘‘(A) the drug is— Subtitle F—Over-the-Counter Drugs ‘‘(i) classified in category III for safety or ‘‘(b) ADMINISTRATIVE ORDERS.— effectiveness in the preamble of a proposed ‘‘(1) IN GENERAL.— PART I—OTC DRUG REVIEW rule establishing a tentative final mono- ‘‘(A) DETERMINATION.—The Secretary may, SEC. 3851. REGULATION OF CERTAIN NON- graph that is the most recently applicable on the initiative of the Secretary or at the PRESCRIPTION DRUGS THAT ARE proposal or determination for such drug request of one or more requestors, issue an MARKETED WITHOUT AN APPROVED DRUG APPLICATION. issued under part 330 of title 21, Code of Fed- administrative order determining whether (a) IN GENERAL.—Chapter V of the Federal eral Regulations; there are conditions under which a specific Food, Drug, and Cosmetic Act is amended by ‘‘(ii) in conformity with— drug, a class of drugs, or a combination of inserting after section 505F of such Act (21 ‘‘(I) the conditions of use, including indica- drugs, is determined to be— U.S.C. 355g) the following: tion and dosage strength, if any, described ‘‘(i) not subject to section 503(b)(1); and ‘‘SEC. 505G. REGULATION OF CERTAIN NON- for such category III drug in such preamble ‘‘(ii) generally recognized as safe and effec- PRESCRIPTION DRUGS THAT ARE or in an applicable subsequent proposed rule; tive under section 201(p)(1). MARKETED WITHOUT AN APPROVED ‘‘(II) the proposed requirements for drugs ‘‘(B) EFFECT.—A drug or combination of DRUG APPLICATION. classified in such tentative final monograph drugs shall be deemed to not require ap- ‘‘(a) NONPRESCRIPTION DRUGS MARKETED in category I in the most recently proposed proval under section 505 if such drug or com- WITHOUT AN APPROVED APPLICATION.—Non- rule establishing requirements related to bination of drugs—

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2107 ‘‘(i) is determined by the Secretary to meet order, except when the Secretary deter- presented by other parties. Where appro- the conditions specified in clauses (i) and (ii) mines, for good cause, that a shorter period priate, the presiding officer may require that of subparagraph (A); is in the interest of public health; and cross-examination by parties representing ‘‘(ii) is marketed in conformity with an ad- ‘‘(iii) any person who submits data in such substantially the same interests be consoli- ministrative order under this subsection; comment period shall include a certification dated to promote efficiency and avoid dupli- ‘‘(iii) meets the general requirements for that the person has submitted all evidence cation. nonprescription drugs; and created, obtained, or received by that person ‘‘(v) FINAL DECISION.— ‘‘(iv) meets the requirements under sub- that is both within the categories of data ‘‘(I) At the conclusion of a hearing re- sections (c) and (k). identified in the proposed order and relevant quested under subparagraph (A), the pre- ‘‘(C) STANDARD.—The Secretary shall find to a determination as to whether the drug is siding officer of the hearing shall issue a de- that a drug is not generally recognized as generally recognized as safe and effective cision containing findings of fact and conclu- safe and effective under section 201(p)(1) if— under section 201(p)(1). sions of law. The decision of the presiding of- ‘‘(i) the evidence shows that the drug is not ‘‘(3) HEARINGS; JUDICIAL REVIEW.— ficer shall be final. generally recognized as safe and effective ‘‘(A) IN GENERAL.—Only a person who par- ‘‘(II) The final decision may not take effect under section 201(p)(1); or ticipated in each stage of formal dispute res- until the period under subparagraph (D)(ii) ‘‘(ii) the evidence is inadequate to show olution under subclause (III) of paragraph for submitting a request for judicial review that the drug is generally recognized as safe (2)(A)(iv) of an administrative order with re- of such decision expires. and effective under section 201(p)(1). spect to a drug may request a hearing con- ‘‘(D) JUDICIAL REVIEW OF FINAL ADMINISTRA- ‘‘(2) ADMINISTRATIVE ORDERS INITIATED BY cerning a final administrative order issued TIVE ORDER.— THE SECRETARY.— under such paragraph with respect to such ‘‘(i) IN GENERAL.—The procedures described ‘‘(A) IN GENERAL.—In issuing an adminis- drug. If a hearing is sought, such person in section 505(h) shall apply with respect to trative order under paragraph (1) upon the must submit a request for a hearing, which judicial review of final administrative orders Secretary’s initiative, the Secretary shall— shall be based solely on information in the issued under this subsection in the same ‘‘(i) make reasonable efforts to notify in- administrative record, to the Secretary not manner and to the same extent as such sec- formally, not later than 2 business days be- later than 30 calendar days after receiving tion applies to an order described in such fore the issuance of the proposed order, the notice of the final decision of the formal dis- section except that the judicial review shall sponsors of drugs who have a listing in effect pute resolution procedure. be taken by filing in an appropriate district under section 510(j) for the drugs or combina- ‘‘(B) NO HEARING REQUIRED WITH RESPECT TO court of the United States in lieu of the ap- tion of drugs that will be subject to the ad- ORDERS RELATING TO CERTAIN DRUGS.— pellate courts specified in such section. ministrative order; ‘‘(i) IN GENERAL.—The Secretary shall not ‘‘(ii) PERIOD TO SUBMIT A REQUEST FOR JUDI- ‘‘(ii) after any such reasonable efforts of be required to provide notice and an oppor- CIAL REVIEW.—A person eligible to request a notification— tunity for a hearing pursuant to paragraph hearing under this paragraph and seeking ju- ‘‘(I) issue a proposed administrative order (2)(A)(iv) if the final administrative order in- dicial review of a final administrative order by publishing it on the website of the Food volved relates to a drug— issued under this subsection shall file such and Drug Administration and include in such ‘‘(I) that is described in subsection request for judicial review not later than 60 order the reasons for the issuance of such (a)(3)(A); and calendar days after the latest of— order; and ‘‘(II) with respect to which no human or ‘‘(I) the date on which notice of such order ‘‘(II) publish a notice of availability of non-human data studies relevant to the safe- is published; such proposed order in the Federal Register; ty or effectiveness of such drug have been ‘‘(II) the date on which a hearing with re- ‘‘(iii) except as provided in subparagraph submitted to the administrative record since spect to such order is denied under subpara- (B), provide for a public comment period the issuance of the most recent tentative graph (B) or (C)(i); with respect to such proposed order of not final monograph relating to such drug. ‘‘(III) the date on which a final decision is less than 45 calendar days; and ‘‘(ii) HUMAN DATA STUDIES AND NON-HUMAN made following a hearing under subpara- ‘‘(iv) if, after completion of the pro- DATA DEFINED.—In this subparagraph: graph (C)(v); or ceedings specified in clauses (i) through (iii), ‘‘(I) The term ‘human data studies’ means ‘‘(IV) if no hearing is requested, the date the Secretary determines that it is appro- clinical trials of safety or effectiveness (in- on which the time for requesting a hearing priate to issue a final administrative order— cluding actual use studies), pharmaco- expires. ‘‘(I) issue the final administrative order, kinetics studies, or bioavailability studies. ‘‘(4) EXPEDITED PROCEDURE WITH RESPECT together with a detailed statement of rea- ‘‘(II) The term ‘non-human data’ means TO ADMINISTRATIVE ORDERS INITIATED BY THE sons, which order shall not take effect until data from testing other than with human SECRETARY.— the time for requesting judicial review under subjects which provides information con- ‘‘(A) IMMINENT HAZARD TO THE PUBLIC paragraph (3)(D)(ii) has expired; cerning safety or effectiveness. HEALTH.— ‘‘(II) publish a notice of such final adminis- ‘‘(C) HEARING PROCEDURES.— ‘‘(i) IN GENERAL.—In the case of a deter- trative order in the Federal Register; ‘‘(i) DENIAL OF REQUEST FOR HEARING.—If mination by the Secretary that a drug, class ‘‘(III) afford requestors of drugs that will the Secretary determines that information of drugs, or combination of drugs subject to be subject to such order the opportunity for submitted in a request for a hearing under this section poses an imminent hazard to the formal dispute resolution up to the level of subparagraph (A) with respect to a final ad- public health, the Secretary, after first mak- the Director of the Center for Drug Evalua- ministrative order issued under paragraph ing reasonable efforts to notify, not later tion and Research, which initially must be (2)(A)(iv) does not identify the existence of a than 48 hours before issuance of such order requested within 45 calendar days of the genuine and substantial question of material under this subparagraph, sponsors who have issuance of the order, and, for subsequent fact, the Secretary may deny such request. a listing in effect under section 510(j) for levels of appeal, within 30 calendar days of In making such a determination, the Sec- such drug or combination of drugs— the prior decision; and retary may consider only information and ‘‘(I) may issue an interim final administra- ‘‘(IV) except with respect to drugs de- data that are based on relevant and reliable tive order for such drug, class of drugs, or scribed in paragraph (3)(B), upon completion scientific principles and methodologies. combination of drugs under paragraph (1), of the formal dispute resolution procedure, ‘‘(ii) SINGLE HEARING FOR MULTIPLE RE- together with a detailed statement of the inform the persons which sought such dis- LATED REQUESTS.—If more than one request reasons for such order; pute resolution of their right to request a for a hearing is submitted with respect to ‘‘(II) shall publish in the Federal Register hearing. the same administrative order under sub- a notice of availability of any such order; ‘‘(B) EXCEPTIONS.—When issuing an admin- paragraph (A), the Secretary may direct that and istrative order under paragraph (1) on the a single hearing be conducted in which all ‘‘(III) shall provide for a public comment Secretary’s initiative proposing to deter- persons whose hearing requests were granted period of at least 45 calendar days with re- mine that a drug described in subsection may participate. spect to such interim final order. (a)(3) is not generally recognized as safe and ‘‘(iii) PRESIDING OFFICER.—The presiding ‘‘(ii) NONDELEGATION.—The Secretary may effective under section 201(p)(1), the Sec- officer of a hearing requested under subpara- not delegate the authority to issue an in- retary shall follow the procedures in sub- graph (A) shall— terim final administrative order under this paragraph (A), except that— ‘‘(I) be designated by the Secretary; subparagraph. ‘‘(i) the proposed order shall include notice ‘‘(II) not be an employee of the Center for ‘‘(B) SAFETY LABELING CHANGES.— of— Drug Evaluation and Research; and ‘‘(i) IN GENERAL.—In the case of a deter- ‘‘(I) the general categories of data the Sec- ‘‘(III) not have been previously involved in mination by the Secretary that a change in retary has determined necessary to establish the development of the administrative order the labeling of a drug, class of drugs, or com- that the drug is generally recognized as safe involved or proceedings relating to that ad- bination of drugs subject to this section is and effective under section 201(p)(1); and ministrative order. reasonably expected to mitigate a signifi- ‘‘(II) the format for submissions by inter- ‘‘(iv) RIGHTS OF PARTIES TO HEARING.—The cant or unreasonable risk of a serious ad- ested persons; parties to a hearing requested under sub- verse event associated with use of the drug, ‘‘(ii) the Secretary shall provide for a pub- paragraph (A) shall have the right to present the Secretary may— lic comment period of no less than 180 cal- testimony, including testimony of expert ‘‘(I) make reasonable efforts to notify in- endar days with respect to such proposed witnesses, and to cross-examine witnesses formally, not later than 48 hours before the

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2108 CONGRESSIONAL RECORD — SENATE March 25, 2020 issuance of the interim final order, the spon- matted to permit a substantive review, the ‘‘(II) provides for a change in the condi- sors of drugs who have a listing in effect Secretary shall— tions of use of a drug, for which new human under section 510(j) for such drug or com- ‘‘(I) file the request; and data studies conducted or sponsored by the bination of drugs; ‘‘(II) initiate proceedings with respect to requestor (or for which the requestor has an ‘‘(II) after reasonable efforts of notifica- issuing an administrative order in accord- exclusive right of reference) were essential tion, issue an interim final administrative ance with paragraphs (2) and (3); and to the issuance of such order. order in accordance with paragraph (1) to re- ‘‘(iii) except as provided in paragraph (6), if ‘‘(iii) DRUGS DESCRIBED.—The drugs de- quire such change, together with a detailed the Secretary determines that a request does scribed in this clause are drugs— statement of the reasons for such order; not meet the requirements for filing or is not ‘‘(I) specified in subsection (a)(1), (a)(2), or ‘‘(III) publish in the Federal Register a no- sufficiently complete and formatted to per- (a)(3); tice of availability of such order; and mit a substantive review, the requestor may ‘‘(II) subject to a final order issued under ‘‘(IV) provide for a public comment period demand that the request be filed over pro- this section; of at least 45 calendar days with respect to test, and the Secretary shall initiate pro- ‘‘(III) subject to a final sunscreen order (as such interim final order. ceedings to review the request in accordance defined in section 586(2)(A)); or ‘‘(ii) CONTENT OF ORDER.—An interim final with paragraph (2)(A). ‘‘(IV) described in subsection (m)(1), other order issued under this subparagraph with ‘‘(B) REQUEST TO INITIATE PROCEEDINGS.— than drugs subject to an active enforcement respect to the labeling of a drug may provide ‘‘(i) IN GENERAL.—A requestor seeking an action under chapter III of this Act. for new warnings and other information re- administrative order under paragraph (1) ‘‘(iv) LIMITATIONS ON EXCLUSIVITY.— quired for safe use of the drug. with respect to certain drugs, classes of ‘‘(I) IN GENERAL.—Only one 18-month pe- ‘‘(C) EFFECTIVE DATE.—An order under sub- drugs, or combinations of drugs, shall submit riod under this subparagraph shall be grant- paragraph (A) or (B) shall take effect on a to the Secretary a request to initiate pro- ed, under each order described in clause (i), date specified by the Secretary. ceedings for such order in the form and man- with respect to changes (to the drug subject ‘‘(D) FINAL ORDER.—After the completion ner as specified by the Secretary. Such re- to such order) which are either— of the proceedings in subparagraph (A) or questor may submit a request under this ‘‘(aa) changes described in clause (ii)(I), re- (B), the Secretary shall— subparagraph for the issuance of an adminis- lating to active ingredients; or ‘‘(i) issue a final order in accordance with trative order— paragraph (1); ‘‘(I) determining whether a drug is gen- ‘‘(bb) changes described in clause (ii)(II), ‘‘(ii) publish a notice of availability of such erally recognized as safe and effective under relating to conditions of use. final administrative order in the Federal section 201(p)(1), exempt from section ‘‘(II) NO EXCLUSIVITY ALLOWED.—No exclu- Register; and 503(b)(1), and not required to be the subject sivity shall apply to changes to a drug which ‘‘(iii) afford sponsors of such drugs that of an approved application under section 505; are— will be subject to such an order the oppor- or ‘‘(aa) the subject of a Tier 2 OTC mono- tunity for formal dispute resolution up to ‘‘(II) determining whether a change to a graph order request (as defined in section the level of the Director of the Center for condition of use of a drug is generally recog- 744L); Drug Evaluation and Research, which must nized as safe and effective under section ‘‘(bb) safety-related changes, as defined by initially be within 45 calendar days of the 201(p)(1), exempt from section 503(b)(1), and the Secretary, or any other changes the Sec- issuance of the order, and for subsequent lev- not required to be the subject of an approved retary considers necessary to assure safe use; els of appeal, within 30 calendar days of the application under section 505, if, absent such or prior decision. a changed condition of use, such drug is— ‘‘(cc) changes related to methods of testing ‘‘(E) HEARINGS.—A sponsor of a drug sub- ‘‘(aa) generally recognized as safe and ef- safety or efficacy. ject to a final order issued under subpara- fective under section 201(p)(1) in accordance ‘‘(v) NEW HUMAN DATA STUDIES DEFINED.—In graph (D) and that participated in each stage with subsection (a)(1), (a)(2), or an order this subparagraph, the term ‘new human of formal dispute resolution under clause under this subsection; or data studies’ means clinical trials of safety (iii) of such subparagraph may request a ‘‘(bb) subject to subsection (a)(3), but only or effectiveness (including actual use stud- hearing on such order. The provisions of sub- if such requestor initiates such request in ies), pharmacokinetics studies, or bio- paragraphs (A), (B), and (C) of paragraph (3), conjunction with a request for the Secretary availability studies, the results of which— other than paragraph (3)(C)(v)(II), shall to determine whether such drug is generally ‘‘(I) have not been relied on by the Sec- apply with respect to a hearing on such order recognized as safe and effective under secretary to support— in the same manner and to the same extent tion 201(p)(1), which is filed by the Secretary ‘‘(aa) a proposed or final determination as such provisions apply with respect to a under subparagraph (A)(ii). that a drug described in subclause (I), (II), or hearing on an administrative order issued ‘‘(ii) EXCEPTION.—The Secretary is not re- (III) of clause (iii) is generally recognized as under paragraph (2)(A)(iv). quired to complete review of a request for a safe and effective under section 201(p)(1); or ‘‘(F) TIMING.— change described in clause (i)(II) if the Sec- ‘‘(bb) approval of a drug that was approved ‘‘(i) FINAL ORDER AND HEARING.—The Sec- retary determines that there is an inad- under section 505; and retary shall— equate basis to find the drug is generally rec- ‘‘(II) do not duplicate the results of an- ‘‘(I) not later than 6 months after the date ognized as safe and effective under section other study that was relied on by the Sec- on which the comment period closes under 201(p)(1) under paragraph (1) and issues a retary to support— subparagraph (A) or (B), issue a final order in final order announcing that determination. ‘‘(aa) a proposed or final determination accordance with paragraph (1); and ‘‘(iii) WITHDRAWAL.—The requestor may that a drug described in subclause (I), (II), or ‘‘(II) not later than 12 months after the withdraw a request under this paragraph, ac- (III) of clause (iii) is generally recognized as date on which such final order is issued, cording to the procedures set forth pursuant safe and effective under section 201(p)(1); or complete any hearing under subparagraph to subsection (d)(2)(B). Notwithstanding any ‘‘(bb) approval of a drug that was approved (E). other provision of this section, if such re- under section 505. ‘‘(ii) DISPUTE RESOLUTION REQUEST.—The quest is withdrawn, the Secretary may cease ‘‘(vi) NOTIFICATION OF DRUG NOT AVAILABLE Secretary shall specify in an interim final proceedings under this subparagraph. FOR SALE.—A requestor that is granted ex- order issued under subparagraph (A) or (B) ‘‘(C) EXCLUSIVITY.— clusivity with respect to a drug under this such shorter periods for requesting dispute ‘‘(i) IN GENERAL.—A final administrative subparagraph shall notify the Secretary in resolution under subparagraph (D)(iii) as are order issued in response to a request under writing within 1 year of the issuance of the necessary to meet the requirements of this this section shall have the effect of author- final administrative order if the drug that is subparagraph. izing solely the order requestor (or the li- the subject of such order will not be avail- ‘‘(G) JUDICIAL REVIEW.—A final order issued censees, assignees, or successors in interest able for sale within 1 year of the date of pursuant to subparagraph (F) shall be sub- of such requestor with respect to the subject issuance of such order. The requestor shall ject to judicial review in accordance with of such order), for a period of 18 months fol- include with such notice the— paragraph (3)(D). lowing the effective date of such final order ‘‘(I) identity of the drug by established ‘‘(5) ADMINISTRATIVE ORDER INITIATED AT and beginning on the date the requestor may name and by proprietary name, if any; THE REQUEST OF A REQUESTOR.— lawfully market such drugs pursuant to the ‘‘(II) strength of the drug; ‘‘(A) IN GENERAL.—In issuing an adminis- order, to market drugs— ‘‘(III) date on which the drug will be avail- trative order under paragraph (1) at the re- ‘‘(I) incorporating changes described in able for sale, if known; and quest of a requestor with respect to certain clause (ii); and ‘‘(IV) reason for not marketing the drug drugs, classes of drugs, or combinations of ‘‘(II) subject to the limitations under after issuance of the order. drugs— clause (iv). ‘‘(6) INFORMATION REGARDING SAFE NON- ‘‘(i) the Secretary shall, after receiving a ‘‘(ii) CHANGES DESCRIBED.—A change de- PRESCRIPTION MARKETING AND USE AS CONDI- request under this subparagraph, determine scribed in this clause is a change subject to TION FOR FILING A GENERALLY RECOGNIZED AS whether the request is sufficiently complete an order specified in clause (i), which— SAFE AND EFFECTIVE REQUEST.— and formatted to permit a substantive re- ‘‘(I) provides for a drug to contain an ac- ‘‘(A) IN GENERAL.—In response to a request view; tive ingredient (including any ester or salt of under this section that a drug described in ‘‘(ii) if the Secretary determines that the the active ingredient) not previously incor- subparagraph (B) be generally recognized as request is sufficiently complete and for- porated in a drug described in clause (iii); or safe and effective, the Secretary—

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This paragraph does not au- drug; or or thorize the Food and Drug Administration to ‘‘(ii) materially affect the extent of absorp- ‘‘(ii) if the request fails to include informa- require standards or testing procedures as tion or other exposure to the active ingre- tion specified under subparagraph (C), shall described in part 1700 of title 16, Code of Fed- dient in comparison to a suitable reference refuse to file such request and require that eral Regulations. product, nonprescription marketing of the drug be ‘‘(8) FINAL AND TENTATIVE FINAL MONO- the drug as modified is a new drug under sec- pursuant to a new drug application as de- GRAPHS FOR CATEGORY I DRUGS DEEMED FINAL tion 201(p) and shall be deemed to be mis- scribed in subparagraph (D). ADMINISTRATIVE ORDERS.— branded under section 502(ee). ‘‘(B) DRUG DESCRIBED.—A drug described in ‘‘(A) IN GENERAL.—A final monograph or ‘‘(3) DETERMINING WHETHER A CHANGE WILL this subparagraph is a nonprescription drug tentative final monograph described in sub- AFFECT SAFETY OR EFFECTIVENESS.— which contains an active ingredient not pre- paragraph (B) shall be deemed to be a final ‘‘(A) IN GENERAL.—The Secretary shall viously incorporated in a drug— administrative order under this subsection issue one or more administrative orders ‘‘(i) specified in subsection (a)(1), (a)(2), or and may be amended, revoked, or otherwise specifying requirements for determining (a)(3); modified in accordance with the procedures whether a minor change made by a sponsor ‘‘(ii) subject to a final order under this sec- of this subsection. pursuant to this subsection will affect the tion; or ‘‘(B) MONOGRAPHS DESCRIBED.—For pur- safety or effectiveness of a drug or materi- ‘‘(iii) subject to a final sunscreen order (as poses of subparagraph (A), a final monograph ally affect the extent of absorption or other defined in section 586(2)(A)). or tentative final monograph is described in exposure to an active ingredient in the drug ‘‘(C) INFORMATION DEMONSTRATING PRIMA this subparagraph if it— in comparison to a suitable reference prod- FACIE SAFE NONPRESCRIPTION MARKETING AND ‘‘(i) establishes conditions of use for a drug uct, together with guidance for applying USE.—Information specified in this subpara- described in paragraph (1) or (2) of subsection those orders to specific dosage forms. graph, with respect to a request described in (a); and ‘‘(B) STANDARD PRACTICES.—The orders and subparagraph (A)(i), is— ‘‘(ii) represents the most recently promul- guidance issued by the Secretary under sub- ‘‘(i) information sufficient for a prima gated version of such conditions, including paragraph (A) shall take into account rel- facie demonstration that the drug subject to as modified, in whole or in part, by any pro- evant public standards and standard prac- such request has a verifiable history of being posed or final rule. tices for evaluating the quality of drugs, and marketed and safely used by consumers in ‘‘(C) DEEMED ORDERS INCLUDE HARMONIZING may take into account the special needs of the United States as a nonprescription drug TECHNICAL AMENDMENTS.—The deemed estab- populations, including children. under comparable conditions of use; lishment of a final administrative order ‘‘(d) CONFIDENTIALITY OF INFORMATION SUB- ‘‘(ii) if the drug has not been previously under subparagraph (A) shall be construed to MITTED TO THE SECRETARY.— marketed in the United States as a non- include any technical amendments to such ‘‘(1) IN GENERAL.—Subject to paragraph (2), prescription drug, information sufficient for order as the Secretary determines necessary any information, including reports of testing a prima facie demonstration that the drug to ensure that such order is appropriately conducted on the drug or drugs involved, was marketed and safely used under com- harmonized, in terms of terminology or that is submitted by a requestor in connec- parable conditions of marketing and use in a cross-references, with the applicable provi- tion with proceedings on an order under this country listed in section 802(b)(1)(A) or des- sions of this Act (and regulations there- section (including any minor change under ignated by the Secretary in accordance with under) and any other orders issued under this subsection (c)) and is a trade secret or con- section 802(b)(1)(B)— section. fidential information subject to section ‘‘(I) for such period as needed to provide 552(b)(4) of title 5, United States Code, or sec- reasonable assurances concerning the safe ‘‘(c) PROCEDURE FOR MINOR CHANGES.— tion 1905 of title 18, United States Code, shall nonprescription use of the drug; and ‘‘(1) IN GENERAL.—Minor changes in the not be disclosed to the public unless the re- ‘‘(II) during such time was subject to suffi- dosage form of a drug that is described in questor consents to that disclosure. cient monitoring by a regulatory body con- paragraph (1) or (2) of subsection (a) or the ‘‘(2) PUBLIC AVAILABILITY.— sidered acceptable by the Secretary for such subject of an order issued under subsection ‘‘(A) IN GENERAL.—Except as provided in monitoring purposes, including for adverse (b) may be made by a requestor without the subparagraph (B), the Secretary shall— events associated with nonprescription use issuance of an order under subsection (b) if— ‘‘(i) make any information submitted by a of the drug; or ‘‘(A) the requestor maintains such infor- requestor in support of a request under sub- ‘‘(iii) if the Secretary determines that in- mation as is necessary to demonstrate that section (b)(5)(A) available to the public not formation described in clause (i) or (ii) is not the change— later than the date on which the proposed needed to provide a prima facie demonstra- ‘‘(i) will not affect the safety or effective- order is issued; and tion that the drug can be safely marketed ness of the drug; and ‘‘(ii) make any information submitted by and used as a nonprescription drug, such ‘‘(ii) will not materially affect the extent any other person with respect to an order re- other information the Secretary determines of absorption or other exposure to the active quested (or initiated by the Secretary) under is sufficient for such purposes. ingredient in comparison to a suitable ref- subsection (b), available to the public upon ‘‘(D) MARKETING PURSUANT TO NEW DRUG erence product; and such submission. APPLICATION.—In the case of a request de- ‘‘(B) the change is in conformity with the ‘‘(B) LIMITATIONS ON PUBLIC AVAIL- scribed in subparagraph (A)(ii), the drug sub- requirements of an applicable administrative ABILITY.—Information described in subpara- ject to such request may be resubmitted for order issued by the Secretary under paragraph (A) shall not be made public if— filing only if— graph (3). ‘‘(i) the information pertains to pharma- ‘‘(i) the drug is marketed as a nonprescrip- ‘‘(2) ADDITIONAL INFORMATION.— ceutical quality information, unless such in- tion drug, under conditions of use com- ‘‘(A) ACCESS TO RECORDS.—A sponsor shall formation is necessary to establish standards parable to the conditions specified in the re- submit records requested by the Secretary under which a drug is generally recognized quest, for such period as the Secretary deter- relating to such a minor change under sec- as safe and effective under section 201(p)(1); mines appropriate (not to exceed 5 consecu- tion 704(a)(4), within 15 business days of re- ‘‘(ii) the information is submitted in a re- tive years) pursuant to an application ap- ceiving such a request, or such longer period questor-initiated request, but the requestor proved under section 505; and as the Secretary may provide. withdraws such request, in accordance with ‘‘(ii) during such period, 1,000,000 retail ‘‘(B) INSUFFICIENT INFORMATION.—If the withdrawal procedures established by the packages of the drug, or an equivalent quan- Secretary determines that the information Secretary, before the Secretary issues the tity as determined by the Secretary, were contained in such records is not sufficient to proposed order; distributed for retail sale, as determined in demonstrate that the change does not affect ‘‘(iii) the Secretary requests and obtains such manner as the Secretary finds appro- the safety or effectiveness of the drug or ma- the information under subsection (c) and priate. terially affect the extent of absorption or such information is not submitted in rela- ‘‘(E) RULE OF APPLICATION.—Except in the other exposure to the active ingredient, the tion to an order under subsection (b); or case of a request involving a drug described Secretary— ‘‘(iv) the information is of the type con- in section 586(9), as in effect on January 1, ‘‘(i) may so inform the sponsor of the drug tained in raw datasets. 2017, if the Secretary refuses to file a request in writing; and ‘‘(e) UPDATES TO DRUG LISTING INFORMA- under this paragraph, the requestor may not ‘‘(ii) if the Secretary so informs the spon- TION.—A sponsor who makes a change to a file such request over protest under para- sor, shall provide the sponsor of the drug drug subject to this section shall submit up- graph (5)(A)(iii). with a reasonable opportunity to provide ad- dated drug listing information for the drug ‘‘(7) PACKAGING.—An administrative order ditional information. in accordance with section 510(j) within 30 issued under paragraph (2), (4)(A), or (5) may ‘‘(C) FAILURE TO SUBMIT SUFFICIENT INFOR- calendar days of the date when the drug is include requirements for the packaging of a MATION.—If the sponsor fails to provide such first commercially marketed, except that a drug to encourage use in accordance with la- additional information within a time pre- sponsor who was the order requestor with re- beling. Such requirements may include unit scribed by the Secretary, or if the Secretary spect to an order subject to subsection dose packaging, requirements for products determines that such additional information (b)(5)(C) (or a licensee, assignee, or successor

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in interest of such requestor) shall submit nonprescription drugs marketed pursuant to ‘‘(o) INAPPLICABILITY OF PAPERWORK RE- updated drug listing information on or be- this section (including such requirements in DUCTION ACT.—Chapter 35 of title 44, United fore the date when the drug is first commer- parts 201 and 250 of title 21, Code of Federal States Code, shall not apply to collections of cially marketed. Regulations), shall be deemed to be final or- information made under this section. ‘‘(f) APPROVALS UNDER SECTION 505.—The ders under subsection (b), only as they apply ‘‘(p) INAPPLICABILITY OF NOTICE AND COM- provisions of this section shall not be con- to drugs— MENT RULEMAKING AND OTHER REQUIRE- strued to preclude a person from seeking or ‘‘(i) subject to paragraph (1), (2), (3), or (4) MENTS.—The requirements of subsection (b) maintaining the approval of an application of subsection (a); or shall apply with respect to orders issued for a drug under sections 505(b)(1), 505(b)(2), ‘‘(ii) otherwise subject to an order under under this section instead of the require- and 505(j). A determination under this sec- this section. ments of subchapter II of chapter 5 of title 5, tion that a drug is not subject to section ‘‘(3) WITHDRAWAL OF REGULATIONS.—The 503(b)(1), is generally recognized as safe and Secretary shall withdraw regulations estab- United States Code. effective under section 201(p)(1), and is not a lishing final monographs and the procedures ‘‘(q) DEFINITIONS.—In this section: new drug under section 201(p) shall con- governing the over-the-counter drug review ‘‘(1) The term ‘nonprescription drug’ refers stitute a finding that the drug is safe and ef- under part 330 and other relevant parts of to a drug not subject to the requirements of fective that may be relied upon for purposes title 21, Code of Federal Regulations (as in section 503(b)(1). of an application under section 505(b)(2), so effect on the day before the date of the en- ‘‘(2) The term ‘sponsor’ refers to any per- that the applicant shall be required to sub- actment of this section), or make technical son marketing, manufacturing, or processing mit for purposes of such application only in- changes to such regulations to ensure con- a drug that— formation needed to support any modifica- formity with appropriate terminology and ‘‘(A) is listed pursuant to section 510(j); tion of the drug that is not covered by such cross references. Notwithstanding sub- and determination under this section. chapter II of chapter 5 of title 5, United ‘‘(B) is or will be subject to an administra- ‘‘(g) PUBLIC AVAILABILITY OF ADMINISTRA- States Code, any such withdrawal or tech- tive order under this section of the Food and TIVE ORDERS.—The Secretary shall establish, nical changes shall be made without public Drug Administration. maintain, update (as determined necessary notice and comment and shall be effective ‘‘(3) The term ‘requestor’ refers to any per- by the Secretary but no less frequently than upon publication through notice in the Fed- son or group of persons marketing, manufac- annually), and make publicly available, with eral Register (or upon such date as specified turing, processing, or developing a drug.’’. respect to orders issued under this section— in such notice). ‘‘(1) a repository of each final order and in- ‘‘(l) GUIDANCE.—The Secretary shall issue (b) GAO STUDY.—Not later than 4 years terim final order in effect, including the guidance that specifies— after the date of enactment of this Act, the complete text of the order; and ‘‘(1) the procedures and principles for for- Comptroller General of the United States ‘‘(2) a listing of all orders proposed and mal meetings between the Secretary and shall submit a study to the Committee on under development under subsection (b)(2), sponsors or requestors for drugs subject to Energy and Commerce of the House of Rep- including— this section; resentatives and the Committee on Health, ‘‘(A) a brief description of each such order; ‘‘(2) the format and content of data sub- Education, Labor, and Pensions of the Sen- and missions to the Secretary under this section; ate addressing the effectiveness and overall ‘‘(B) the Secretary’s expectations, if re- ‘‘(3) the format of electronic submissions impact of exclusivity under section 505G of sources permit, for issuance of proposed or- to the Secretary under this section; the Federal Food, Drug, and Cosmetic Act, ders over a 3-year period. ‘‘(4) consolidated proceedings for appeal as added by subsection (a), and section 586C ‘‘(h) DEVELOPMENT ADVICE TO SPONSORS OR and the procedures for such proceedings of such Act (21 U.S.C. 360fff–3), including the REQUESTORS.—The Secretary shall establish where appropriate; and impact of such exclusivity on consumer ac- procedures under which sponsors or reques- ‘‘(5) for minor changes in drugs, rec- cess. Such study shall include— tors may meet with appropriate officials of ommendations on how to comply with the (1) an analysis of the impact of exclusivity the Food and Drug Administration to obtain requirements in orders issued under sub- under such section 505G for nonprescription advice on the studies and other information section (c)(3). drug products, including— necessary to support submissions under this ‘‘(m) RULE OF CONSTRUCTION.— (A) the number of nonprescription drug section and other matters relevant to the ‘‘(1) IN GENERAL.—This section shall not af- products that were granted exclusivity and regulation of nonprescription drugs and the fect the treatment or status of a non- the indication for which the nonprescription development of new nonprescription drugs prescription drug— drug products were determined to be gen- under this section. ‘‘(A) that is marketed without an applica- erally recognized as safe and effective; ‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS tion approved under section 505 as of the (B) whether the exclusivity for such drug OR REQUESTORS.—The Secretary shall estab- date of the enactment of this section; products was granted for— lish procedures to facilitate efficient partici- ‘‘(B) that is not subject to an order issued (i) a new active ingredient (including any pation by multiple sponsors or requestors in under this section; and ester or salt of the active ingredient); or proceedings under this section, including ‘‘(C) to which paragraph (1), (2), (3), (4), or (ii) changes in the conditions of use of a provision for joint meetings with multiple (5) of subsection (a) do not apply. drug, for which new human data studies con- sponsors or requestors or with organizations ‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY ducted or sponsored by the requestor were nominated by sponsors or requestors to rep- FOUND TO BE SUBJECT TO TIME AND EXTENT RE- essential; resent their interests in a proceeding. QUIREMENTS.— (C) whether, and to what extent, the exclu- ‘‘(j) ELECTRONIC FORMAT.—All submissions ‘‘(A) Notwithstanding subsection (a), a sivity impacted the requestor’s or sponsor’s under this section shall be in electronic for- drug described in subparagraph (B) may only decision to develop the drug product; mat. be lawfully marketed, without an applica- (D) an analysis of the implementation of ‘‘(k) EFFECT ON EXISTING REGULATIONS tion approved under section 505, pursuant to the exclusivity provision in such section GOVERNING NONPRESCRIPTION DRUGS.— an order issued under this section. 505G, including— ‘‘(1) REGULATIONS OF GENERAL APPLICA- ‘‘(B) A drug described in this subparagraph (i) the resources used by the Food and Drug BILITY TO NONPRESCRIPTION DRUGS.—Except is a drug which, prior to the date of the en- Administration; as provided in this subsection, nothing in actment of this section, the Secretary deter- (ii) the impact of such provision on innova- this section supersedes regulations estab- mined in a proposed or final rule to be ineli- tion, as well as research and development in lishing general requirements for non- gible for review under the OTC drug review the nonprescription drug market; prescription drugs, including regulations of (as such phrase ‘OTC drug review’ was used (iii) the impact of such provision on com- general applicability contained in parts 201, in section 330.14 of title 21, Code of Federal petition in the nonprescription drug market; 250, and 330 of title 21, Code of Federal Regu- Regulations, as in effect on the day before (iv) the impact of such provision on con- lations, or any successor regulations. The the date of the enactment of this section). sumer access to nonprescription drug prod- Secretary shall establish or modify such reg- ‘‘(3) PRESERVATION OF AUTHORITY.— ucts; ulations by means of rulemaking in accord- ‘‘(A) Nothing in paragraph (1) shall be con- (v) the impact of such provision on the ance with section 553 of title 5, United States strued to preclude or limit the applicability prices of nonprescription drug products; and Code. of any provision of this Act other than this (vi) whether the administrative orders ini- ‘‘(2) REGULATIONS ESTABLISHING REQUIRE- section. tiated by requestors under such section 505G MENTS FOR SPECIFIC NONPRESCRIPTION ‘‘(B) Nothing in subsection (a) shall be con- have been sufficient to encourage the devel- DRUGS.— strued to prohibit the Secretary from issuing opment of nonprescription drug products ‘‘(A) The provisions of section 310.545 of an order under this section finding a drug to that would likely not be otherwise devel- title 21, Code of Federal Regulations, as in be not generally recognized as safe and effec- oped, or developed in as timely a manner; effect on the day before the date of the en- tive under section 201(p)(1), as the Secretary and actment of this section, shall be deemed to determines appropriate. (E) whether the administrative orders ini- be a final order under subsection (b). ‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug tiated by requestors under such section 505G ‘‘(B) Regulations in effect on the day be- is not subject to this section if an exemption have been sufficient incentive to encourage fore the date of the enactment of this sec- for investigational use under section 505(i) is innovation in the nonprescription drug mar- tion, establishing requirements for specific in effect for such drug. ket; and

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(2) an analysis of the impact of exclusivity (1) APPLICABILITY OF SECTION 505G FOR PEND- order, or if the request for a confidential under such section 586C for sunscreen ingre- ING SUBMISSIONS.— meeting fails to include sufficient informa- dients, including— (A) IN GENERAL.—A sponsor of a non- tion upon which to base a substantive discus- (A) the number of sunscreen ingredients prescription sunscreen active ingredient or sion. The Secretary shall publish a post- that were granted exclusivity and the spe- combination of nonprescription sunscreen meeting summary of each confidential meet- cific ingredient that was determined to be active ingredients that, as of the date of en- ing under this subparagraph that does not generally recognized as safe and effective; actment of this Act, is subject to a proposed disclose confidential commercial informa- (B) whether, and to what extent, the exclu- sunscreen order under section 586C of the tion or trade secrets. This subparagraph does sivity impacted the requestor’s or sponsor’s Federal Food, Drug, and Cosmetic Act (21 not authorize the disclosure of confidential decision to develop the sunscreen ingredient; U.S.C. 360fff–3) may elect, by means of giving commercial information or trade secrets (C) whether, and to what extent, the sun- written notification to the Secretary of subject to 552(b)(4) of title 5, United States screen ingredient granted exclusivity had Health and Human Services within 180 cal- Code, or section 1905 of title 18, United previously been available outside of the endar days of the enactment of this Act, to States Code.’’. United States; transition into the review of such ingredient (3) EXCLUSIVITY.—Section 586C of the Fed- (D) an analysis of the implementation of or combination of ingredients pursuant to eral Food, Drug, and Cosmetic Act (21 U.S.C. the exclusivity provision in such section the process set out in section 505G of the 360fff–3) is amended by adding at the end the 586C, including— Federal Food, Drug, and Cosmetic Act, as following: (i) the resources used by the Food and Drug added by section 3851 of this subtitle. ‘‘(f) EXCLUSIVITY.— Administration; (B) ELECTION EXERCISED.—Upon receipt by ‘‘(1) IN GENERAL.—A final sunscreen order (ii) the impact of such provision on innova- the Secretary of Health and Human Services shall have the effect of authorizing solely tion, as well as research and development in of a timely notification under subparagraph the order requestor (or the licensees, assign- the sunscreen market; (A)— ees, or successors in interest of such re- (iii) the impact of such provision on com- (i) the proposed sunscreen order involved is questor with respect to the subject of such petition in the sunscreen market; deemed to be a request for an order under request and listed under paragraph (5)) for a (iv) the impact of such provision on con- subsection (b) of section 505G of the Federal period of 18 months, to market a sunscreen sumer access to sunscreen products; Food, Drug, and Cosmetic Act, as added by ingredient under this section incorporating (v) the impact of such provision on the section 3851 of this subtitle; and changes described in paragraph (2) subject to prices of sunscreen products; and (ii) such order is deemed to have been ac- the limitations under paragraph (4), begin- (vi) whether the administrative orders ini- cepted for filing under subsection (b)(6)(A)(i) ning on the date the requestor (or any licens- tiated by requestors under such section 505G of such section 505G. ees, assignees, or successors in interest of have been utilized by sunscreen ingredient (C) ELECTION NOT EXERCISED.—If a notifica- such requestor with respect to the subject of sponsors and whether such process has been tion under subparagraph (A) is not received such request and listed under paragraph (5)) sufficient to encourage the development of by the Secretary of Health and Human Serv- may lawfully market such sunscreen ingre- sunscreen ingredients that would likely not ices within 180 calendar days of the date of dient pursuant to the order. enactment of this Act, the review of the pro- be otherwise developed, or developed in as ‘‘(2) CHANGES DESCRIBED.—A change de- posed sunscreen order described in subpara- timely a manner; and scribed in this paragraph is a change subject graph (A)— (E) whether the administrative orders ini- to an order specified in paragraph (1) that (i) shall continue under section 586C of the tiated by requestors under such section 586C permits a sunscreen to contain an active Federal Food, Drug, and Cosmetic Act (21 have been sufficient incentive to encourage sunscreen ingredient not previously incor- U.S.C. 360fff–3); and innovation in the sunscreen market. porated in a marketed sunscreen listed in (ii) shall not be eligible for review under (c) CONFORMING AMENDMENT.—Section paragraph (3). section 505G, added by section 3851 of this 751(d)(1) of the Federal Food, Drug, and Cos- ‘‘(3) MARKETED SUNSCREEN.—The marketed subtitle. metic Act (21 U.S.C. 379r(d)(1)) is amended— sunscreen ingredients described in this para- (2) DEFINITIONS.—In this subsection, the (1) in the matter preceding subparagraph graph are sunscreen ingredients— terms ‘‘sponsor’’, ‘‘nonprescription’’, ‘‘sun- (A)— screen active ingredient’’, and ‘‘proposed ‘‘(A) marketed in accordance with a final (A) by striking ‘‘final regulation promul- sunscreen order’’ have the meanings given to monograph for sunscreen drug products set gated’’ and inserting ‘‘final order under sec- those terms in section 586 of the Federal forth at part 352 of title 21, Code of Federal tion 505G’’; and Food, Drug, and Cosmetic Act (21 U.S.C. Regulations (as published at 64 Fed. Reg. (B) by striking ‘‘and not misbranded’’; and 360fff). 27687); or (2) in subparagraph (A), by striking ‘‘regu- (b) AMENDMENTS TO SUNSCREEN PROVI- ‘‘(B) marketed in accordance with a final lation in effect’’ and inserting ‘‘regulation or SIONS.— order issued under this section. order in effect’’. (1) FINAL SUNSCREEN ORDERS.—Paragraph ‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only SEC. 3852. MISBRANDING. (3) of section 586C(e) of the Federal Food, one 18-month period may be granted per in- Section 502 of the Federal Food, Drug, and Drug, and Cosmetic Act (21 U.S.C. 360fff–3(e)) gredient under paragraph (1). Cosmetic Act (21 U.S.C. 352) is amended by is amended to read as follows: ‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR adding at the end the following: ‘‘(3) RELATIONSHIP TO ORDERS UNDER SEC- SUCCESSORS IN INTEREST.—Requestors shall ‘‘(ee) If it is a nonprescription drug that is TION 505G.—A final sunscreen order shall be submit to the Secretary at the time when a subject to section 505G, is not the subject of deemed to be a final order under section drug subject to such request is introduced or an application approved under section 505, 505G.’’. delivered for introduction into interstate and does not comply with the requirements (2) MEETINGS.—Paragraph (7) of section commerce, a list of licensees, assignees, or under section 505G. 586C(b) of the Federal Food, Drug, and Cos- successors in interest under paragraph (1).’’. ‘‘(ff) If it is a drug and it was manufac- metic Act (21 U.S.C. 360fff–3(b)) is amended— (4) SUNSET PROVISION.—Subchapter I of tured, prepared, propagated, compounded, or (A) by striking ‘‘A sponsor may request’’ chapter V of the Federal Food, Drug, and processed in a facility for which fees have and inserting the following: Cosmetic Act (21 U.S.C. 360fff et seq.) is not been paid as required by section 744M.’’. ‘‘(A) IN GENERAL.—A sponsor may request’’; amended by adding at the end the following: SEC. 3853. DRUGS EXCLUDED FROM THE OVER- and ‘‘SEC. 586H. SUNSET. THE-COUNTER DRUG REVIEW. (B) by adding at the end the following: ‘‘This subchapter shall cease to be effec- (a) IN GENERAL.—Nothing in this Act (or ‘‘(B) CONFIDENTIAL MEETINGS.—A sponsor tive at the end of fiscal year 2022.’’. the amendments made by this Act) shall may request one or more confidential meet- (5) TREATMENT OF FINAL SUNSCREEN apply to any nonprescription drug (as de- ings with respect to a proposed sunscreen ORDER.—The Federal Food, Drug, and Cos- fined in section 505G(q) of the Federal Food, order, including a letter deemed to be a pro- metic Act is amended by striking section Drug, and Cosmetic Act, as added by section posed sunscreen order under paragraph (3), to 586E of such Act (21 U.S.C. 360fff–5). 3851 of this subtitle) which was excluded by discuss matters relating to data require- (c) TREATMENT OF AUTHORITY REGARDING the Food and Drug Administration from the ments to support a general recognition of FINALIZATION OF SUNSCREEN MONOGRAPH.— Over-the-Counter Drug Review in accordance safety and effectiveness involving confiden- (1) IN GENERAL.— with the paragraph numbered 25 on page 9466 tial information and public information re- (A) REVISION OF FINAL SUNSCREEN ORDER.— of volume 37 of the Federal Register, pub- lated to such proposed sunscreen order, as The Secretary of Health and Human Services lished on May 11, 1972. appropriate. The Secretary shall convene a (referred to in this subsection as the ‘‘Sec- (b) RULE OF CONSTRUCTION.—Nothing in confidential meeting with such sponsor in a retary’’) shall amend and revise the final ad- this section shall be construed to preclude or reasonable time period. If a sponsor requests ministrative order concerning nonprescrip- limit the applicability of any other provision more than one confidential meeting for the tion sunscreen (referred to in this subsection of the Federal Food, Drug, and Cosmetic Act same proposed sunscreen order, the Sec- as the ‘‘sunscreen order’’) for which the con- (21 U.S.C. 301 et seq.). retary may refuse to grant an additional tent, prior to the date of enactment of this SEC. 3854. TREATMENT OF SUNSCREEN INNOVA- confidential meeting request if the Secretary Act, was represented by the final monograph TION ACT. determines that such additional confidential for sunscreen drug products set forth in part (a) REVIEW OF NONPRESCRIPTION SUNSCREEN meeting is not reasonably necessary for the 352 of title 21, Code of Federal Regulations ACTIVE INGREDIENTS.— sponsor to advance its proposed sunscreen (as in effect on May 21, 1999).

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(B) ISSUANCE OF REVISED SUNSCREEN ORDER; of the date of a letter submitted by the Sec- ‘‘(4) The term ‘FDA establishment identi- EFFECTIVE DATE.—A revised sunscreen order retary of Health and Human Services pursu- fier’ is the unique number automatically described in subparagraph (A) shall be— ant to such subsection in which the Sec- generated by Food and Drug Administra- (i) issued in accordance with the proce- retary indicates that the Food and Drug Ad- tion’s Field Accomplishments and Compli- dures described in section 505G(b)(2) of the ministration has completed its evaluation ance Tracking System (FACTS) (or any suc- Federal Food, Drug, and Cosmetic Act; and revised, in a final order, as applicable, cessor system). (ii) issued in proposed form not later than the cough and cold monograph as described ‘‘(5) The term ‘OTC monograph drug’ 18 months after the date of enactment of this in subsection (a)(2). means a nonprescription drug without an ap- Act; and SEC. 3856. TECHNICAL CORRECTIONS. proved new drug application which is gov- (iii) issued by the Secretary at least 1 year (a) IMPORTS AND EXPORTS.—Section erned by the provisions of section 505G. prior to the effective date of the revised 801(e)(4)(E)(iii) of the Federal Food, Drug, ‘‘(6) The term ‘OTC monograph drug activi- order. and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) ties’ means activities of the Secretary asso- (2) REPORTS.—If a revised sunscreen order is amended by striking ‘‘subparagraph’’ each ciated with OTC monograph drugs and in- issued under paragraph (1) does not include place such term appears and inserting ‘‘para- spection of facilities associated with such provisions related to the effectiveness of var- graph’’. products, including the following activities: ious sun protection factor levels, and does (b) FDA REAUTHORIZATION ACT OF 2017.— ‘‘(A) The activities necessary for review not address all dosage forms known to the (1) IN GENERAL.—Section 905(b)(4) of the Secretary to be used in sunscreens marketed FDA Reauthorization Act of 2017 (Public and evaluation of OTC monographs and OTC in the United States without a new drug ap- Law 115–52) is amended by striking ‘‘Section monograph order requests, including— plication approved under section 505 of the 744H(e)(2)(B)’’ and inserting ‘‘Section ‘‘(i) orders proposing or finalizing applica- Federal Food, Drug, and Cosmetic Act (21 744H(f)(2)(B)’’. ble conditions of use for OTC monograph U.S.C. 355), the Secretary shall submit a re- (2) EFFECTIVE DATE.—The amendment drugs; port to the Committee on Energy and Com- made by paragraph (1) shall take effect as of ‘‘(ii) orders affecting status regarding gen- merce of the House of Representatives and the enactment of the FDA Reauthorization eral recognition of safety and effectiveness the Committee on Health, Education, Labor, Act of 2017 (Public Law 115–52). of an OTC monograph ingredient or combination of ingredients under specified conditions and Pensions of the Senate on the rationale PART II—USER FEES for omission of such provisions from such of use; SEC. 3861. FINDING. order, and a plan and timeline to compile ‘‘(iii) all OTC monograph drug develop- The Congress finds that the fees authorized any information necessary to address such ment and review activities, including intra- by the amendments made in this part will be provisions through such order. agency collaboration; dedicated to OTC monograph drug activities, (d) TREATMENT OF NON-SUNSCREEN TIME ‘‘(iv) regulation and policy development as set forth in the goals identified for pur- AND EXTENT APPLICATIONS.— activities related to OTC monograph drugs; poses of part 10 of subchapter C of chapter (1) IN GENERAL.—Any application described ‘‘(v) development of product standards for VII of the Federal Food, Drug, and Cosmetic in section 586F of the Federal Food, Drug, products subject to review and evaluation; Act, in the letters from the Secretary of and Cosmetic Act (21 U.S.C. 360fff–6) that was ‘‘(vi) meetings referred to in section submitted to the Secretary pursuant to sec- Health and Human Services to the Chairman of the Committee on Health, Education, 505G(i); tion 330.14 of title 21, Code of Federal Regula- ‘‘(vii) review of labeling prior to issuance tions, as such provisions were in effect im- Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and of orders related to OTC monograph drugs or mediately prior to the date of enactment conditions of use; and date of this Act, shall be extinguished as of Commerce of the House of Representatives, as set forth in the Congressional Record. ‘‘(viii) regulatory science activities related such date of enactment, subject to paragraph to OTC monograph drugs. (2). SEC. 3862. FEES RELATING TO OVER-THE- COUNTER DRUGS. ‘‘(B) Inspections related to OTC monograph (2) ORDER REQUEST.—Nothing in paragraph Subchapter C of chapter VII of the Federal drugs. (1) precludes the submission of an order re- Food, Drug, and Cosmetic Act (21 U.S.C. 379f ‘‘(C) Monitoring of clinical and other request under section 505G(b) of the Federal et seq.) is amended by inserting after part 9 search conducted in connection with OTC Food, Drug, and Cosmetic Act, as added by the following: monograph drugs. section 3851 of this subtitle, with respect to ‘‘(D) Safety activities with respect to OTC a drug that was the subject of an application ‘‘PART 10—FEES RELATING TO OVER-THE- COUNTER DRUGS monograph drugs, including— extinguished under paragraph (1). ‘‘(i) collecting, developing, and reviewing ‘‘SEC. 744L. DEFINITIONS. SEC. 3855. ANNUAL UPDATE TO CONGRESS ON safety information on OTC monograph drugs, APPROPRIATE PEDIATRIC INDICA- ‘‘In this part: including adverse event reports; TION FOR CERTAIN OTC COUGH AND ‘‘(1) The term ‘affiliate’ means a business COLD DRUGS. entity that has a relationship with a second ‘‘(ii) developing and using improved ad- (a) IN GENERAL.—Subject to subsection (c), business entity if, directly or indirectly— verse event data-collection systems, includ- the Secretary of Health and Human Services ‘‘(A) one business entity controls, or has ing information technology systems; and shall, beginning not later than 1 year after the power to control, the other business enti- ‘‘(iii) developing and using improved ana- the date of enactment of this Act, annually ty; or lytical tools to assess potential safety risks, submit to the Committee on Energy and ‘‘(B) a third party controls, or has power to including access to external databases. Commerce of the House of Representatives control, both of the business entities. ‘‘(E) Other activities necessary for imple- and the Committee on Health, Education, ‘‘(2) The term ‘contract manufacturing or- mentation of section 505G. Labor, and Pensions of the Senate a letter ganization facility’ means an OTC mono- ‘‘(7) The term ‘OTC monograph order re- describing the progress of the Food and Drug graph drug facility where neither the owner quest’ means a request for an order sub- Administration— of such manufacturing facility nor any affil- mitted under section 505G(b)(5). (1) in evaluating the cough and cold mono- iate of such owner or facility sells the OTC ‘‘(8) The term ‘Tier 1 OTC monograph order graph described in subsection (b) with re- monograph drug produced at such facility di- request’ means any OTC monograph order respect to children under age 6; and rectly to wholesalers, retailers, or consumers quest not determined to be a Tier 2 OTC (2) as appropriate, revising such cough and in the United States. monograph order request. cold monograph to address such children ‘‘(3) The term ‘costs of resources allocated ‘‘(9)(A) The term ‘Tier 2 OTC monograph through the order process under section for OTC monograph drug activities’ means order request’ means, subject to subpara- 505G(b) of the Federal Food, Drug, and Cos- the expenses in connection with OTC monograph (B), an OTC monograph order request metic Act, as added by section 3851 of this graph drug activities for— for— subtitle. ‘‘(A) officers and employees of the Food ‘‘(i) the reordering of existing information (b) COUGH AND COLD MONOGRAPH DE- and Drug Administration, contractors of the in the drug facts label of an OTC monograph SCRIBED.—The cough and cold monograph de- Food and Drug Administration, advisory drug; scribed in this subsection consists of the con- ‘‘(ii) the addition of information to the ditions under which nonprescription drugs committees, and costs related to such offi- other information section of the drug facts containing antitussive, expectorant, nasal cers, employees, and committees and costs label of an OTC monograph drug, as limited decongestant, or antihistamine active ingre- related to contracts with such contractors; by section 201.66(c)(7) of title 21, Code of Fed- dients (or combinations thereof) are gen- ‘‘(B) management of information, and the erally recognized as safe and effective, as acquisition, maintenance, and repair of com- eral Regulations (or any successor regula- specified in part 341 of title 21, Code of Fed- puter resources; tions); eral Regulations (as in effect immediately ‘‘(C) leasing, maintenance, renovation, and ‘‘(iii) modification to the directions for use prior to the date of enactment of this Act), repair of facilities and acquisition, mainte- section of the drug facts label of an OTC and included in an order deemed to be estab- nance, and repair of fixtures, furniture, sci- monograph drug, if such changes conform to lished under section 505G(b) of the Federal entific equipment, and other necessary ma- changes made pursuant to section Food, Drug, and Cosmetic Act, as added by terials and supplies; and 505G(c)(3)(A); section 3851 of this subtitle. ‘‘(D) collecting fees under section 744M and ‘‘(iv) the standardization of the concentra- (c) DURATION OF AUTHORITY.—The require- accounting for resources allocated for OTC tion or dose of a specific finalized ingredient ment under subsection (a) shall terminate as monograph drug activities. within a particular finalized monograph;

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‘‘(v) a change to ingredient nomenclature ‘‘(i) FACILITIES THAT CEASE ACTIVITIES.—A ‘‘(E) REFUND OF FEE IF ORDER REQUEST RE- to align with nomenclature of a standards- fee shall not be assessed under subparagraph FUSED FOR FILING OR WITHDRAWN BEFORE FIL- setting organization; or (A) if the identified OTC monograph drug fa- ING.—The Secretary shall refund 75 percent ‘‘(vi) addition of an interchangeable term cility— of the fee paid under subparagraph (B) for in accordance with section 330.1 of title 21, ‘‘(I) has ceased all activities related to any order request which is refused for filing Code of Federal Regulations (or any suc- OTC monograph drugs prior to December 31 or was withdrawn before being accepted or cessor regulations). of the year immediately preceding the appli- refused for filing. ‘‘(B) The Secretary may, based on program cable fiscal year; and ‘‘(F) FEES FOR ORDER REQUESTS PREVIOUSLY implementation experience or other factors ‘‘(II) has updated its registration to reflect REFUSED FOR FILING OR WITHDRAWN BEFORE found appropriate by the Secretary, charac- such change under the requirements for drug FILING.—An OTC monograph order request terize any OTC monograph order request as a establishment registration set forth in sec- that was submitted but was refused for fil- Tier 2 OTC monograph order request (includ- tion 510. ing, or was withdrawn before being accepted ing recharacterizing a request from Tier 1 to ‘‘(ii) CONTRACT MANUFACTURING ORGANIZA- or refused for filing, shall be subject to the Tier 2) and publish such determination in a TIONS.—The amount of the fee for a contract full fee under subparagraph (A) upon being proposed order issued pursuant to section manufacturing organization facility shall be resubmitted or filed over protest. 505G. equal to two-thirds of the amount of the fee ‘‘(G) REFUND OF FEE IF ORDER REQUEST ‘‘(10)(A) The term ‘OTC monograph drug fa- for an OTC monograph drug facility that is WITHDRAWN.—If an order request is with- cility’ means a foreign or domestic business not a contract manufacturing organization drawn after the order request was filed, the Secretary may refund the fee or a portion of or other entity that— facility. the fee if no substantial work was performed ‘‘(i) is— ‘‘(C) AMOUNT.—The amount of fees estab- on the order request after the application ‘‘(I) under one management, either direct lished under subparagraph (A) shall be estab- was filed. The Secretary shall have the sole or indirect; and lished under subsection (c). discretion to refund a fee or a portion of the ‘‘(II) at one geographic location or address ‘‘(D) DUE DATE.— fee under this subparagraph. A determina- engaged in manufacturing or processing the ‘‘(i) FOR FIRST PROGRAM YEAR.—For fiscal tion by the Secretary concerning a refund finished dosage form of an OTC monograph year 2021, the facility fees required under drug; under this subparagraph shall not be review- subparagraph (A) shall be due on the later able. ‘‘(ii) includes a finished dosage form manu- of— ‘‘(3) REFUNDS.— facturer facility in a contractual relation- ‘‘(I) the first business day of July of 2020; ship with the sponsor of one or more OTC ‘‘(A) IN GENERAL.—Other than refunds pro- or vided pursuant to any of subparagraphs (D) monograph drugs to manufacture or process ‘‘(II) 45 calendar days after publication of such drugs; and through (G) of paragraph (2), the Secretary the Federal Register notice provided for shall not refund any fee paid under para- ‘‘(iii) does not include a business or other under subsection (c)(4)(A). entity whose only manufacturing or proc- graph (1) except as provided in subparagraph ‘‘(ii) SUBSEQUENT FISCAL YEARS.—For each (B). essing activities are one or more of the fol- fiscal year after fiscal year 2021, the facility lowing: production of clinical research sup- ‘‘(B) DISPUTES CONCERNING FEES.—To qual- fees required under subparagraph (A) shall be ify for the return of a fee claimed to have plies, testing, or placement of outer pack- due on the later of— been paid in error under paragraph (1) or (2), aging on packages containing multiple prod- ‘‘(I) the first business day of June of such a person shall submit to the Secretary a ucts, for such purposes as creating year; or written request justifying such return within multipacks, when each monograph drug ‘‘(II) the first business day after the enact- 180 calendar days after such fee was paid. product contained within the overpackaging ment of an appropriations Act providing for ‘‘(4) NOTICE.—Within the timeframe speci- is already in a final packaged form prior to the collection and obligation of fees under fied in subsection (c), the Secretary shall placement in the outer overpackaging. this section for such year. publish in the Federal Register the amount ‘‘(B) For purposes of subparagraph ‘‘(2) OTC MONOGRAPH ORDER REQUEST FEE.— of the fees under paragraph (1) for such fiscal (A)(i)(II), separate buildings or locations ‘‘(A) IN GENERAL.—Each person that sub- year. within close proximity are considered to be mits an OTC monograph order request shall ‘‘(b) FEE REVENUE AMOUNTS.— at one geographic location or address if the be subject to a fee for an OTC monograph ‘‘(1) FISCAL YEAR 2021.—For fiscal year 2021, activities conducted in such buildings or lo- order request. The amount of such fee shall fees under subsection (a)(1) shall be estab- cations are— be— lished to generate a total facility fee revenue ‘‘(i) closely related to the same business ‘‘(i) for a Tier 1 OTC monograph order re- amount equal to the sum of— enterprise; quest, $500,000, adjusted for inflation for the ‘‘(A) the annual base revenue for fiscal ‘‘(ii) under the supervision of the same fiscal year (as determined under subsection year 2021 (as determined under paragraph local management; and (c)(1)(B)); and (3)); ‘‘(iii) under a single FDA establishment ‘‘(ii) for a Tier 2 OTC monograph order re- ‘‘(B) the dollar amount equal to the oper- identifier and capable of being inspected by quest, $100,000, adjusted for inflation for the ating reserve adjustment for the fiscal year, the Food and Drug Administration during a fiscal year (as determined under subsection if applicable (as determined under subsection single inspection. (c)(1)(B)). (c)(2)); and ‘‘(C) If a business or other entity would ‘‘(B) DUE DATE.—The OTC monograph order ‘‘(C) additional direct cost adjustments (as meet criteria specified in subparagraph (A), request fees required under subparagraph (A) determined under subsection (c)(3)). but for being under multiple management, shall be due on the date of submission of the ‘‘(2) SUBSEQUENT FISCAL YEARS.—For each the business or other entity is deemed to OTC monograph order request. of the fiscal years 2022 through 2025, fees constitute multiple facilities, one per man- ‘‘(C) EXCEPTION FOR CERTAIN SAFETY under subsection (a)(1) shall be established agement entity, for purposes of this para- CHANGES.—A person who is named as the re- to generate a total facility fee revenue graph. questor in an OTC monograph order shall not amount equal to the sum of— ‘‘(11) The term ‘OTC monograph drug meet- be subject to a fee under subparagraph (A) if ‘‘(A) the annual base revenue for the fiscal ing’ means any meeting regarding the con- the Secretary finds that the OTC monograph year (as determined under paragraph (3)); tent of a proposed OTC monograph order re- order request seeks to change the drug facts ‘‘(B) the dollar amount equal to the infla- quest. labeling of an OTC monograph drug in a way tion adjustment for the fiscal year (as deter- ‘‘(12) The term ‘person’ includes an affil- that would add to or strengthen— mined under subsection (c)(1)); iate of a person. ‘‘(i) a contraindication, warning, or pre- ‘‘(C) the dollar amount equal to the oper- ‘‘(13) The terms ‘requestor’ and ‘sponsor’ caution; ating reserve adjustment for the fiscal year, have the meanings given such terms in sec- ‘‘(ii) a statement about risk associated if applicable (as determined under subsection tion 505G. with misuse or abuse; or (c)(2)); ‘‘SEC. 744M. AUTHORITY TO ASSESS AND USE OTC ‘‘(iii) an instruction about dosage and ad- ‘‘(D) additional direct cost adjustments (as MONOGRAPH FEES. ministration that is intended to increase the determined under subsection (c)(3)); and ‘‘(a) TYPES OF FEES.—Beginning with fiscal safe use of the OTC monograph drug. ‘‘(E) additional dollar amounts for each fis- year 2021, the Secretary shall assess and col- ‘‘(D) REFUND OF FEE IF ORDER REQUEST IS cal year as follows: lect fees in accordance with this section as RECATEGORIZED AS A TIER 2 OTC MONOGRAPH ‘‘(i) $7,000,000 for fiscal year 2022. follows: ORDER REQUEST.—If the Secretary determines ‘‘(ii) $6,000,000 for fiscal year 2023. ‘‘(1) FACILITY FEE.— that an OTC monograph request initially ‘‘(iii) $7,000,000 for fiscal year 2024. ‘‘(A) IN GENERAL.—Each person that owns a characterized as Tier 1 shall be re-character- ‘‘(iv) $3,000,000 for fiscal year 2025. facility identified as an OTC monograph drug ized as a Tier 2 OTC monograph order re- ‘‘(3) ANNUAL BASE REVENUE.—For purposes facility on December 31 of the fiscal year or quest, and the requestor has paid a Tier 1 fee of paragraphs (1)(A) and (2)(A), the dollar at any time during the preceding 12-month in accordance with subparagraph (A)(i), the amount of the annual base revenue for a fis- period shall be assessed an annual fee for Secretary shall refund the requestor the dif- cal year shall be— each such facility as determined under sub- ference between the Tier 1 and Tier 2 fees de- ‘‘(A) for fiscal year 2021, $8,000,000; and section (c). termined under subparagraphs (A)(i) and ‘‘(B) for fiscal years 2022 through 2025, the ‘‘(B) EXCEPTIONS.— (A)(ii), respectively. dollar amount of the total revenue amount

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established under this subsection for the pre- fees shall be contained in the annual Federal ‘‘(1) IN GENERAL.—Fees authorized under vious fiscal year, not including any adjust- Register notice under paragraph (4) estab- subsection (a) shall be collected and avail- ments made under subsection (c)(2) or (c)(3). lishing fee revenue and fees for the fiscal able for obligation only to the extent and in ‘‘(c) ADJUSTMENTS; ANNUAL FEE SETTING.— year involved. the amount provided in advance in appro- ‘‘(1) INFLATION ADJUSTMENT.— ‘‘(3) ADDITIONAL DIRECT COST ADJUST- priations Acts. Such fees are authorized to ‘‘(A) IN GENERAL.—For purposes of sub- MENT.—The Secretary shall, in addition to remain available until expended. Such sums section (b)(2)(B), the dollar amount of the in- adjustments under paragraphs (1) and (2), as may be necessary may be transferred from flation adjustment to the annual base rev- further increase the fee revenue and fees for the Food and Drug Administration salaries enue for fiscal year 2022 and each subsequent purposes of subsection (b)(2)(D) by an and expenses appropriation account without fiscal year shall be equal to the product of— amount equal to— fiscal year limitation to such appropriation ‘‘(i) such annual base revenue for the fiscal ‘‘(A) $14,000,000 for fiscal year 2021; account for salaries and expenses with such year under subsection (b)(2); and ‘‘(B) $7,000,000 for fiscal year 2022; fiscal year limitation. The sums transferred ‘‘(ii) the inflation adjustment percentage ‘‘(C) $4,000,000 for fiscal year 2023; shall be available solely for OTC monograph under subparagraph (C). ‘‘(D) $3,000,000 for fiscal year 2024; and drug activities. ‘‘(B) OTC MONOGRAPH ORDER REQUEST ‘‘(E) $3,000,000 for fiscal year 2025. ‘‘(2) COLLECTIONS AND APPROPRIATION FEES.—For purposes of subsection (a)(2), the ‘‘(4) ANNUAL FEE SETTING.— ACTS.— dollar amount of the inflation adjustment to ‘‘(A) FISCAL YEAR 2021.—The Secretary ‘‘(A) IN GENERAL.—Subject to subparagraph the fee for OTC monograph order requests for shall, not later than the second Monday in (C), the fees authorized by this section shall fiscal year 2022 and each subsequent fiscal May of 2020— be collected and available in each fiscal year year shall be equal to the product of— ‘‘(i) establish OTC monograph drug facility in an amount not to exceed the amount spec- ‘‘(i) the applicable fee under subsection fees for fiscal year 2021 under subsection (a), ified in appropriation Acts, or otherwise (a)(2) for the preceding fiscal year; and based on the revenue amount for such year made available for obligation, for such fiscal ‘‘(ii) the inflation adjustment percentage under subsection (b) and the adjustments year. under subparagraph (C). provided under this subsection; and ‘‘(B) USE OF FEES AND LIMITATION.—The ‘‘(C) INFLATION ADJUSTMENT PERCENTAGE.— ‘‘(ii) publish fee revenue, facility fees, and fees authorized by this section shall be avail- The inflation adjustment percentage under OTC monograph order requests in the Fed- able to defray increases in the costs of the this subparagraph for a fiscal year is equal eral Register. resources allocated for OTC monograph drug to— ‘‘(B) SUBSEQUENT FISCAL YEARS.—The Sec- activities (including increases in such costs ‘‘(i) for each of fiscal years 2022 and 2023, retary shall, for each fiscal year that begins for an additional number of full-time equiva- the average annual percent change that oc- after September 30, 2021, not later than the lent positions in the Department of Health curred in the Consumer Price Index for second Monday in March that precedes such and Human Services to be engaged in such urban consumers (Washington-Baltimore, fiscal year— activities), only if the Secretary allocates DC–MD–VA–WV; Not Seasonally Adjusted; ‘‘(i) establish for such fiscal year, based on for such purpose an amount for such fiscal All items; Annual Index) for the first 3 years the revenue amounts under subsection (b) year (excluding amounts from fees collected of the preceding 4 years of available data; and the adjustments provided under this sub- under this section) no less than $12,000,000, and section— multiplied by the adjustment factor applica- ‘‘(ii) for each of fiscal years 2024 and 2025, ‘‘(I) OTC monograph drug facility fees ble to the fiscal year involved under sub- the sum of— under subsection (a)(1); and section (c)(1). ‘‘(I) the average annual percent change in ‘‘(II) OTC monograph order request fees ‘‘(C) COMPLIANCE.—The Secretary shall be the cost, per full-time equivalent position of under subsection (a)(2); and the Food and Drug Administration, of all considered to have met the requirements of ‘‘(ii) publish such fee revenue amounts, fa- subparagraph (B) in any fiscal year if the personnel compensation and benefits paid cility fees, and OTC monograph order re- with respect to such positions for the first 3 costs funded by appropriations and allocated quest fees in the Federal Register. for OTC monograph drug activities are not years of the preceding 4 fiscal years, multi- ‘‘(d) IDENTIFICATION OF FACILITIES.—Each plied by the proportion of personnel com- more than 15 percent below the level speci- person that owns an OTC monograph drug fa- fied in such subparagraph. pensation and benefits costs to total costs of cility shall submit to the Secretary the in- ‘‘(D) PROVISION FOR EARLY PAYMENTS IN OTC monograph drug activities for the first formation required under this subsection SUBSEQUENT YEARS.—Payment of fees author- 3 years of the preceding 4 fiscal years; and each year. Such information shall, for each ized under this section for a fiscal year (after ‘‘(II) the average annual percent change fiscal year— fiscal year 2021), prior to the due date for that occurred in the Consumer Price Index ‘‘(1) be submitted as part of the require- such fees, may be accepted by the Secretary for urban consumers (Washington-Baltimore, ments for drug establishment registration in accordance with authority provided in ad- DC–MD–VA–WV; Not Seasonally Adjusted; set forth in section 510; and vance in a prior year appropriations Act. All items; Annual Index) for the first 3 years ‘‘(2) include for each such facility, at a ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— of the preceding 4 years of available data minimum, identification of the facility’s For each of the fiscal years 2021 through 2025, multiplied by the proportion of all costs business operation as that of an OTC mono- there is authorized to be appropriated for other than personnel compensation and ben- graph drug facility. fees under this section an amount equal to efits costs to total costs of OTC monograph ‘‘(e) EFFECT OF FAILURE TO PAY FEES.— the total amount of fees assessed for such drug activities for the first 3 years of the ‘‘(1) OTC MONOGRAPH DRUG FACILITY FEE.— fiscal year under this section. preceding 4 fiscal years. ‘‘(A) IN GENERAL.—Failure to pay the fee ‘‘(g) COLLECTION OF UNPAID FEES.—In any ‘‘(2) OPERATING RESERVE ADJUSTMENT.— under subsection (a)(1) within 20 calendar case where the Secretary does not receive ‘‘(A) IN GENERAL.—For fiscal year 2021 and days of the due date as specified in subpara- payment of a fee assessed under subsection subsequent fiscal years, for purposes of sub- graph (D) of such subsection shall result in sections (b)(1)(B) and (b)(2)(C), the Secretary (a) within 30 calendar days after it is due, the following: such fee shall be treated as a claim of the may, in addition to adjustments under para- ‘‘(i) The Secretary shall place the facility United States Government subject to sub- graph (1), further increase the fee revenue on a publicly available arrears list. chapter II of chapter 37 of title 31, United and fees if such an adjustment is necessary ‘‘(ii) All OTC monograph drugs manufac- States Code. to provide operating reserves of carryover tured in such a facility or containing an in- ‘‘(h) CONSTRUCTION.—This section may not user fees for OTC monograph drug activities gredient manufactured in such a facility be construed to require that the number of for not more than the number of weeks spec- shall be deemed misbranded under section full-time equivalent positions in the Depart- ified in subparagraph (B). 502(ff). ment of Health and Human Services, for offi- ‘‘(B) NUMBER OF WEEKS.—The number of ‘‘(B) APPLICATION OF PENALTIES.—The pen- cers, employers, and advisory committees weeks specified in this subparagraph is— alties under this paragraph shall apply until not engaged in OTC monograph drug activi- ‘‘(i) 3 weeks for fiscal year 2021; the fee established by subsection (a)(1) is ties, be reduced to offset the number of offi- ‘‘(ii) 7 weeks for fiscal year 2022; paid. cers, employees, and advisory committees so ‘‘(iii) 10 weeks for fiscal year 2023; ‘‘(2) ORDER REQUESTS.—An OTC monograph engaged. ‘‘(iv) 10 weeks for fiscal year 2024; and order request submitted by a person subject ‘‘SEC. 744N. REAUTHORIZATION; REPORTING RE- ‘‘(v) 10 weeks for fiscal year 2025. to fees under subsection (a) shall be consid- QUIREMENTS. ‘‘(C) DECREASE.—If the Secretary has car- ered incomplete and shall not be accepted for ‘‘(a) PERFORMANCE REPORT.—Beginning ryover balances for such process in excess of filing by the Secretary until all fees owed by with fiscal year 2021, and not later than 120 10 weeks of the operating reserves referred to such person under this section have been calendar days after the end of each fiscal in subparagraph (A), the Secretary shall de- paid. year thereafter for which fees are collected crease the fee revenue and fees referred to in ‘‘(3) MEETINGS.—A person subject to fees under this part, the Secretary shall prepare such subparagraph to provide for not more under this section shall be considered ineli- and submit to the Committee on Energy and than 10 weeks of such operating reserves. gible for OTC monograph drug meetings Commerce of the House of Representatives ‘‘(D) RATIONALE FOR ADJUSTMENT.—If an until all such fees owed by such person have and the Committee on Health, Education, adjustment under this paragraph is made, been paid. Labor, and Pensions of the Senate a report the rationale for the amount of the increase ‘‘(f) CREDITING AND AVAILABILITY OF concerning the progress of the Food and or decrease (as applicable) in fee revenue and FEES.— Drug Administration in achieving the goals

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2115 identified in the letters described in section directly as a result of coronavirus, as deter- financial system that supports lending to eli- 3861(b) of the CARES Act during such fiscal mined by the Secretary. gible businesses, States, or municipalities year and the future plans of the Food and (4) ELIGIBLE BUSINESS.—The term ‘‘eligible by— Drug Administration for meeting such goals. business’’ means— (A) purchasing obligations or other inter- ‘‘(b) FISCAL REPORT.—Not later than 120 (A) an air carrier; or ests directly from issuers of such obligations calendar days after the end of fiscal year 2021 (B) a United States business that has not or other interests; and each subsequent fiscal year for which otherwise received adequate economic relief (B) purchasing obligations or other inter- fees are collected under this part, the Sec- in the form of loans or loan guarantees pro- ests in secondary markets or otherwise; or retary shall prepare and submit to the Com- vided under this Act. (C) making loans, including loans or other mittee on Energy and Commerce of the (5) EMPLOYEE.—Except where the context advances secured by collateral. otherwise requires, the term ‘‘employee’’— House of Representatives and the Committee (c) TERMS AND CONDITIONS.— (A) has the meaning given the term in sec- on Health, Education, Labor, and Pensions of (1) IN GENERAL.— tion 2 of the National Labor Relations Act the Senate a report on the implementation (A) FORMS; TERMS AND CONDITIONS.—A loan, of the authority for such fees during such fis- (29 U.S.C. 152); and loan guarantee, or other investment by the cal year and the use, by the Food and Drug (B) includes any individual employed by an Secretary shall be made under this section in Administration, of the fees collected for such employer subject to the Railway Labor Act such form and on such terms and conditions fiscal year. (45 U.S.C. 151 et seq.). and contain such covenants, representations, ‘‘(c) PUBLIC AVAILABILITY.—The Secretary (6) EQUITY SECURITY; EXCHANGE.—The terms warranties, and requirements (including re- shall make the reports required under sub- ‘‘equity security’’ and ‘‘exchange’’ have the quirements for audits) as the Secretary de- sections (a) and (b) available to the public on meanings given the terms in section 3(a) of termines appropriate. Any loans made by the the internet website of the Food and Drug the Securities Exchange Act of 1934 (15 Secretary under this section shall be at a Administration. U.S.C. 78c(a)). rate determined by the Secretary based on ‘‘(d) REAUTHORIZATION.— (7) MUNICIPALITY.—The term ‘‘munici- the risk and the current average yield on ‘‘(1) CONSULTATION.—In developing rec- pality’’ includes— outstanding marketable obligations of the ommendations to present to the Congress (A) a political subdivision of a State, and United States of comparable maturity. with respect to the goals described in sub- (B) an instrumentality of a municipality, a (B) PROCEDURES.—As soon as practicable, section (a), and plans for meeting the goals, State, or a political subdivision of a State. but in no case later than 10 days after the for OTC monograph drug activities for the (8) NATIONAL SECURITIES EXCHANGE.—The date of enactment of this Act, the Secretary first 5 fiscal years after fiscal year 2025, and term ‘‘national securities exchange’’ means shall publish procedures for application and for the reauthorization of this part for such an exchange registered as a national securi- minimum requirements, which may be sup- fiscal years, the Secretary shall consult ties exchange under section 6 of the Securi- plemented by the Secretary in the Sec- with— ties Exchange Act of 1934 (15 U.S.C. 78f). retary’s discretion, for making loans, loan ‘‘(A) the Committee on Energy and Com- (9) SECRETARY.—The term ‘‘Secretary’’ guarantees, or other investments under para- merce of the House of Representatives; means the Secretary of the Treasury, or the graphs (1), (2) and (3) of subsection (b) . ‘‘(B) the Committee on Health, Education, designee of the Secretary of the Treasury. (2) LOANS AND LOAN GUARANTEES .—The Labor, and Pensions of the Senate; (10) STATE.—The term ‘‘State’’ means— Secretary may enter into agreements to ‘‘(C) scientific and academic experts; (A) any of the several States; make loans or loan guarantees to 1 or more ‘‘(D) health care professionals; (B) the District of Columbia; eligible businesses under paragraphs (1), (2) ‘‘(E) representatives of patient and con- (C) any of the territories and possessions of and (3) of subsection (b) if the Secretary de- sumer advocacy groups; and the United States; termines that, in the Secretary’s discre- ‘‘(F) the regulated industry. (D) any bi-State or multi-State entity; and tion— ‘‘(2) PUBLIC REVIEW OF RECOMMENDATIONS.— (E) any Indian Tribe. (A) the applicant is an eligible business for After negotiations with the regulated indus- SEC. 4003. EMERGENCY RELIEF AND TAXPAYER which credit is not reasonably available at try, the Secretary shall— PROTECTIONS. the time of the transaction; ‘‘(A) present the recommendations devel- (a) IN GENERAL.—Notwithstanding any (B) the intended obligation by the appli- oped under paragraph (1) to the congres- other provision of law, to provide liquidity cant is prudently incurred; sional committees specified in such para- to eligible businesses, States, and munici- (C) the loan or loan guarantee is suffi- graph; palities related to losses incurred as a result ciently secured or is made at a rate that— ‘‘(B) publish such recommendations in the of coronavirus, the Secretary is authorized (i) reflects the risk of the loan or loan Federal Register; to make loans, loan guarantees, and other guarantee; and ‘‘(C) provide for a period of 30 calendar investments in support of eligible businesses, (ii) is to the extent practicable, not less days for the public to provide written com- States, and municipalities that do not, in than an interest rate based on market condi- ments on such recommendations; the aggregate, exceed $500,000,000,000 and pro- tions for comparable obligations prevalent ‘‘(D) hold a meeting at which the public vide the subsidy amounts necessary for such prior to the outbreak of the coronavirus dis- may present its views on such recommenda- loans, loan guarantees, and other invest- ease 2019 (COVID–19); tions; and ments in accordance with the provisions of (D) the duration of the loan or loan guar- ‘‘(E) after consideration of such public the Federal Credit Reform Act of 1990 (2 antee is as short as practicable and in any views and comments, revise such rec- U.S.C. 661 et seq.). case not longer than 5 years; ommendations as necessary. (b) LOANS, LOAN GUARANTEES, AND OTHER INVESTMENTS.—Loans, loan guarantees, and (E) the agreement provides that, until the ‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.— date 12 months after the date the loan or Not later than January 15, 2025, the Sec- other investments made pursuant to sub- loan guarantee is no longer outstanding, nei- retary shall transmit to the Congress the re- section (a) shall be made available as follows: ther the eligible business nor any affiliate of vised recommendations under paragraph (2), (1) Not more than $25,000,000,000 shall be the eligible business may purchase an equity a summary of the views and comments re- available to make loans and loan guarantees security that is listed on a national securi- ceived under such paragraph, and any for passenger air carriers, eligible businesses ties exchange of the eligible business or any changes made to the recommendations in re- that are certified under part 145 of title 14, parent company of the eligible business, ex- sponse to such views and comments.’’. Code of Federal Regulations, and approved to cept to the extent required under a contrac- TITLE IV—ECONOMIC STABILIZATION perform inspection, repair, replace, or over- tual obligation in effect as of the date of en- AND ASSISTANCE TO SEVERELY DIS- haul services, and ticket agents (as defined actment of this Act; TRESSED SECTORS OF THE UNITED in section 40102 of title 49, United States (F) the agreement provides that, until the STATES ECONOMY Code). date 12 months after the date the loan or Subtitle A—Coronavirus Economic (2) Not more than $4,000,000,000 shall be loan guarantee is no longer outstanding, the Stabilization Act of 2020 available to make loans and loan guarantees eligible business shall not pay dividends or SEC. 4001. SHORT TITLE. for cargo air carriers. make other capital distributions with re- This subtitle may be cited as the (3) Not more than $17,000,000,000 shall be spect to the common stock of the eligible ‘‘Coronavirus Economic Stabilization Act of available to make loans and loan guarantees business; 2020’’. for businesses critical to maintaining na- (G) the agreement provides that, until Sep- SEC. 4002. DEFINITIONS. tional security. tember 30, 2020, the eligible business shall In this subtitle: (4) Not more than the sum of maintain its employment levels as of March (1) AIR CARRIER.—The term ‘‘air carrier’’ $454,000,000,000 and any amounts available 24, 2020, to the extent practicable, and in any has the meaning such term has under section under paragraphs (1), (2), and (3) that are not case shall not reduce its employment levels 40102 of title 49, United States Code. used as provided under those paragraphs by more than 10 percent from the levels on (2) CORONAVIRUS.—The term ‘‘coronavirus’’ shall be available to make loans and loan such date; means SARS-CoV-2 or another coronavirus guarantees to, and other investments in, pro- (H) the agreement includes a certification with pandemic potential. grams or facilities established by the Board by the eligible business that it is created or (3) COVERED LOSS.—The term ‘‘covered of Governors of the Federal Reserve System organized in the United States or under the loss’’ includes losses incurred directly or infor the purpose of providing liquidity to the laws of the United States and has significant

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2116 CONGRESSIONAL RECORD — SENATE March 25, 2020 operations in and a majority of its employ- provides financing to banks and other lend- under paragraph (1), (2), or (3) of subsection ees based in the United States; and ers that make direct loans to eligible busi- (b) unless— (I) for purposes of a loan or loan guarantee nesses including, to the extent practicable, (A)(i) the eligible business has issued secu- under paragraphs (1), (2), and (3) of sub- nonprofit organizations, with between 500 rities that are traded on a national securi- section (b), the eligible business must have and 10,000 employees, with such direct loans ties exchange; and incurred or is expected to incur covered being subject to an annualized interest rate (ii) the Secretary receives a warrant or eq- losses such that the continued operations of that is not higher than 2 percent per annum. uity interest in the eligible business; or the business are jeopardized, as determined For the first 6 months after any such direct (B) in the case of any eligible business by the Secretary. loan is made, or for such longer period as the other than an eligible business described in (3) FEDERAL RESERVE PROGRAMS OR FACILI- Secretary may determine in his discretion, subparagraph (A), the Secretary receives, in TIES.— no principal or interest shall be due and pay- the discretion of the Secretary— (A) TERMS AND CONDITIONS.— able. Any eligible borrower applying for a di- (i) a warrant or equity interest in the eligi- (i) DEFINITION.—In this paragraph, the rect loan under this program shall make a ble business; or term ‘‘direct loan’’ means a loan under a bi- good-faith certification that— (ii) a senior debt instrument issued by the lateral loan agreement that is — (I) the uncertainty of economic conditions eligible business. (I) entered into directly with an eligible as of the date of the application makes nec- (2) TERMS AND CONDITIONS.—The terms and business as borrower; and essary the loan request to support the ongo- conditions of any warrant, equity interest, (II) not part of a syndicated loan, a loan ing operations of the recipient; or senior debt instrument received under originated by a financial institution in the (II) the funds it receives will be used to re- paragraph (1) shall be set by the Secretary ordinary course of business, or a securities tain at least 90 percent of the recipient’s and shall meet the following requirements: or capital markets transaction. workforce, at full compensation and bene- (A) PURPOSES.—Such terms and conditions (ii) RESTRICTIONS.—The Secretary may fits, until September 30, 2020; shall be designed to provide for a reasonable make a loan, loan guarantee, or other invest- (III) the recipient intends to restore not participation by the Secretary, for the ben- ment under subsection (b)(4) as part of a pro- less than 90 percent of the workforce of the efit of taxpayers, in equity appreciation in gram or facility that provides direct loans recipient that existed as of February 1, 2020, the case of a warrant or other equity inter- only if the applicable eligible businesses and to restore all compensation and benefits est, or a reasonable interest rate premium, agree— to the workers of the recipient no later than in the case of a debt instrument. (I) until the date 12 months after the date 4 months after the termination date of the (B) AUTHORITY TO SELL, EXERCISE, OR SUR- on which the direct loan is no longer out- public health emergency declared by the RENDER.—For the primary benefit of tax- standing, not to repurchase an equity secu- Secretary of Health and Human Services on payers, the Secretary may sell, exercise, or rity that is listed on a national securities ex- January 31, 2020, under section 319 of the surrender a warrant or any senior debt in- change of the eligible business or any parent Public Health Services Act (42 U.S.C. 247d) in strument received under this subsection. The company of the eligible business while the response to COVID–19; Secretary shall not exercise voting power direct loan is outstanding, except to the ex- (IV) the recipient is an entity or business with respect to any shares of common stock tent required under a contractual obligation that is domiciled in the United States with acquired under this section. that is in effect as of the date of enactment significant operations and employees located (C) SUFFICIENCY.—If the Secretary deter- of this Act; in the United States; mines that the eligible business cannot fea- (II) until the date 12 months after the date (V) the recipient is not a debtor in a bank- sibly issue warrants or other equity interests on which the direct loan is no longer out- ruptcy proceeding; as required by this subsection, the Secretary standing, not to pay dividends or make other (VI) the recipient is created or organized in may accept a senior debt instrument in an capital distributions with respect to the the United States or under the laws of the amount and on such terms as the Secretary common stock of the eligible business; and United States and has significant operations deems appropriate. (III) to comply with the limitations on in and a majority of its employees based in (3) PROHIBITION ON LOAN FORGIVENESS.—The compensation set forth in section 4004. the United States; principal amount of any obligation issued by (iii) WAIVER.—The Secretary may waive (VII) the recipient will not pay dividends an eligible business, State, or municipality the requirement under clause (ii) with re- with respect to the common stock of the eli- spect to any program or facility upon a de- gible business, or repurchase an equity secu- under a program described in subsection (b) termination that such waiver is necessary to rity that is listed on a national securities ex- shall not be reduced through loan forgive- protect the interests of the Federal Govern- change of the recipient or any parent com- ness. ment. If the Secretary exercises a waiver pany of the recipient while the direct loan is (e) DEPOSIT OF PROCEEDS.—Amounts col- under this clause, the Secretary shall make outstanding, except to the extent required lected under subsection (b) shall be deposited himself available to testify before the Com- under a contractual obligation that is in ef- in the following order of priority: mittee on Banking, Housing, and Urban Af- fect as of the date of enactment of this Act; (1) Into the financing accounts established fairs of the Senate and the Committee on Fi- (VIII) the recipient will not outsource or under section 505 of the Federal Credit Re- nancial Services of the House of Representa- offshore jobs for the term of the loan and 2 form Act of 1990 (2 U.S.C. 661d) to implement tives regarding the reasons for the waiver. years after completing repayment of the this subtitle, up to an amount equal to the (B) FEDERAL RESERVE ACT TAXPAYER PRO- loan; sum of— TECTIONS AND OTHER REQUIREMENTS APPLY.— (IX) the recipient will not abrogate exist- (A) the amount transferred from the appro- For the avoidance of doubt, any applicable ing collective bargaining agreements for the priation made under section 4027 to the fi- requirements under section 13(3) of the Fed- term of the loan and 2 years after completing nancing accounts; and eral Reserve Act (12 U.S.C. 343(3)), including repayment of the loan; and (B) the amount necessary to repay any requirements relating to loan (X) that the recipient will remain neutral amount lent from the Treasury to such fi- collateralization, taxpayer protection, and in any union organizing effort for the term nancing accounts. borrower solvency, shall apply with respect of the loan. (2) After the deposits specified in para- to any program or facility described in sub- (ii) MAIN STREET LENDING PROGRAM.—Noth- graph (1) of this subsection have been made, section (b)(4). ing in this subparagraph shall limit the dis- into the Federal Old-Age and Survivors In- (C) UNITED STATES BUSINESSES.—A program cretion of the Board of Governors of the Fed- surance Trust Fund established under sec- or facility in which the Secretary makes a eral Reserve System to establish a Main tion 201(a) of the Social Security Act (42 loan, loan guarantee, or other investment Street Lending Program or other similar U.S.C. 401). under subsection (b)(4) shall only purchase program or facility that supports lending to (f) ADMINISTRATIVE PROVISIONS.—Notwith- obligations or other interests (other than se- small and mid-sized businesses on such terms standing any other provision of law, the Sec- curities that are based on an index or that and conditions as the Board may set con- retary may use not greater than $100,000,000 are based on a diversified pool of securities) sistent with section 13(3) of the Federal Re- of the funds made available under section from, or make loans or other advances to, serve Act (12 U.S.C. 343(3)), including any 4027 to pay costs and administrative ex- businesses that are created or organized in such program in which the Secretary makes penses associated with the loans, loan guar- the United States or under the laws of the a loan, loan guarantee, or other investment antees, and other investments authorized United States and that have significant oper- under subsection (b)(4). under this section. The Secretary is author- ations in and a majority of its employees (E) GOVERNMENT PARTICIPANTS.—The Sec- ized to take such actions as the Secretary based in the United States. retary shall endeavor to seek the implemen- deems necessary to carry out the authorities (D) ASSISTANCE FOR MID-SIZED BUSI- tation of a program or facility in accordance in this subtitle, including, without limita- NESSES.— with subsection (b)(4) that provides liquidity tion— (i) IN GENERAL.—Without limiting the to the financial system that supports lending (1) using direct hiring authority to hire terms and conditions of the programs and fa- to States and municipalities. employees to administer this subtitle; cilities that the Secretary may otherwise (d) FINANCIAL PROTECTION OF GOVERN- (2) entering into contracts, including con- provide financial assistance to under sub- MENT.— tracts for services authorized by this subsection (b)(4), the Secretary shall endeavor (1) WARRANT OR SENIOR DEBT INSTRUMENT.— title; to seek the implementation of a program or The Secretary may not issue a loan to, or a (3) establishing vehicles that are author- facility described in subsection (b)(4) that loan guarantee for, an eligible business ized, subject to supervision by the Secretary,

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2117 to purchase, hold, and sell assets and issue ble business to an officer or employee of the shall include a maximum amount of out- obligations; and eligible business. standing debt that is guaranteed.’’. (4) issuing such regulations and other guid- SEC. 4005. CONTINUATION OF CERTAIN AIR SERV- (b) FEDERAL CREDIT UNION TRANSACTION ance as may be necessary or appropriate to ICE. ACCOUNT GUARANTEES.—Notwithstanding carry out the authorities or purposes of this The Secretary of Transportation is author- any other provision of law and in coordina- subtitle. ized to require, to the extent reasonable and tion with the Federal Deposit Insurance Cor- (g) FINANCIAL AGENTS.—The Secretary is practicable, an air carrier receiving loans poration, the National Credit Union Admin- authorized to designate financial institu- and loan guarantees under section 4003 to istration Board may by a vote of the Board tions, including but not limited to, deposi- maintain scheduled air transportation serv- increase to unlimited, or such lower amount tories, brokers, dealers, and other institu- ice as the Secretary of Transportation deems as the Board approves, the share insurance tions, as financial agents of the United necessary to ensure services to any point coverage provided by the National Credit States. Such institutions shall— served by that carrier before March 1, 2020. Union Share Insurance Fund on any non- (1) perform all reasonable duties the Sec- When considering whether to exercise the interest-bearing transaction account in any retary determines necessary to respond to authority granted by this section, the Sec- federally insured credit union without excep- the coronavirus; and retary of Transportation shall take into con- tion, provided that any such increase shall (2) be paid for such duties using appropria- sideration the air transportation needs of terminate not later than December 31, 2020. tions available to the Secretary to reimburse small and remote communities and the need SEC. 4009. TEMPORARY GOVERNMENT IN THE financial institutions in their capacity as fi- to maintain well-functioning health care and SUNSHINE ACT RELIEF. nancial agents of the United States. pharmaceutical supply chains, including for (a) IN GENERAL.—Except as provided in (h) LOANS MADE BY OR GUARANTEED BY THE medical devices and supplies. The authority subsection (b), notwithstanding any other DEPARTMENT OF THE TREASURY TREATED AS under this section, including any require- provision of law, if the Chairman of the INDEBTEDNESS FOR TAX PURPOSES.— ment issued by the Secretary under this sec- Board of Governors of the Federal Reserve (1) IN GENERAL.—Any loan made by or tion, shall terminate on March 1, 2022. System determines, in writing, that unusual guaranteed by the Department of the Treas- SEC. 4006. COORDINATION WITH SECRETARY OF and exigent circumstances exist, the Board ury under this section shall be treated as in- TRANSPORTATION. may conduct meetings without regard to the debtedness for purposes of the Internal Rev- In implementing this subtitle with respect requirements of section 552b of title 5, enue Code of 1986, shall be treated as issued to air carriers, the Secretary shall coordi- United States Code, during the period begin- for its stated principal amount, and stated nate with the Secretary of Transportation. ning on the date of enactment of this Act interest on such loans shall be treated as SEC. 4007. SUSPENSION OF CERTAIN AVIATION and ending on the earlier of— qualified stated interest. EXCISE TAXES. (1) the date on which the national emer- (a) TRANSPORTATION BY AIR.—In the case of (2) REGULATIONS OR GUIDANCE.—The Sec- gency concerning the novel coronavirus dis- any amount paid for transportation by air retary of the Treasury (or the Secretary’s ease (COVID–19) outbreak declared by the (including any amount treated as paid for delegate) shall prescribe such regulations or President on March 13, 2020 under the Na- transportation by air by reason of section guidance as may be necessary or appropriate tional Emergencies Act (50 U.S.C. 1601 et 4261(e)(3) of the Internal Revenue Code of to carry out the purposes of this section, in- seq.) terminates; or 1986) during the excise tax holiday period, no cluding guidance providing that the acquisi- (2) December 31, 2020. tax shall be imposed under section 4261 or tion of warrants, stock options, common or (b) RECORDS.—The Board of Governors of preferred stock or other equity under this 4271 of such Code. The preceding sentence the Federal Reserve System shall keep a section does not result in an ownership shall not apply to amounts paid on or before record of all Board votes and the reasons for change for purposes of section 382 of the In- the date of the enactment of this Act. such votes during the period described in (b) USE OF KEROSENE IN COMMERCIAL AVIA- ternal Revenue Code of 1986. subsection (a). TION.—In the case of kerosene used in com- SEC. 4004. LIMITATION ON CERTAIN EMPLOYEE SEC. 4010. TEMPORARY HIRING FLEXIBILITY. COMPENSATION. mercial aviation (as defined in section 4083 of (a) DEFINITION.—In this section, the term (a) IN GENERAL.—The Secretary may only the Internal Revenue Code of 1986) during the enter into an agreement with an eligible excise tax holiday period— ‘‘covered period’’ means the period beginning business to make a loan or loan guarantee (1) no tax shall be imposed on such ker- on the date of enactment of this Act and under paragraph (1), (2) or (3) of section osene under— ending on the sooner of— 4003(b) if such agreement provides that, dur- (A) section 4041(c) of the Internal Revenue (1) the termination date of the national ing the period beginning on the date on Code of 1986, or emergency concerning the novel coronavirus which the agreement is executed and ending (B) section 4081 of such Code (other than at disease (COVID–19) outbreak declared by the on the date that is 1 year after the date on the rate provided in subsection (a)(2)(B) President on March 13, 2020 under the Na- which the loan or loan guarantee is no thereof), and tional Emergencies Act (50 U.S.C. 1601 et longer outstanding— (2) section 6427(l) of such Code shall be ap- seq.); or (1) no officer or employee of the eligible plied— (2) December 31, 2020. business whose total compensation exceeded (A) by treating such use as a nontaxable (b) AUTHORITY.— During the covered pe- $425,000 in calendar year 2019 (other than an use, and riod, the Secretary of Housing and Urban De- employee whose compensation is determined (B) without regard to paragraph (4)(A)(ii) velopment, the Securities and Exchange through an existing collective bargaining thereof. Commission, and the Commodity Futures agreement entered into prior to March 1, (c) EXCISE TAX HOLIDAY PERIOD.—For pur- Trading Commission may, without regard to 2020)— poses of this section, the term ‘‘excise tax sections 3309 through 3318 of title 5, United (A) will receive from the eligible business holiday period’’ means the period beginning States Code, recruit and appoint candidates total compensation which exceeds, during after the date of the enactment of this sec- to fill temporary and term appointments any 12 consecutive months of such period, tion and ending before January 1, 2021. within their respective agencies upon a de- the total compensation received by the offi- SEC. 4008. DEBT GUARANTEE AUTHORITY. termination that those expedited procedures cer or employee from the eligible business in (a) Section 1105 of the Dodd-Frank Wall are necessary and appropriate to enable the calendar year 2019; or Street Reform and Consumer Protection Act respective agencies to prevent, prepare for, (B) will receive from the eligible business (12 U.S.C. 5612) is amended— or respond to COVID–19. severance pay or other benefits upon termi- (1) in subsection (f)— SEC. 4011. TEMPORARY LENDING LIMIT WAIVER. nation of employment with the eligible busi- (A) by inserting ‘‘in noninterest-bearing (a) IN GENERAL.—Section 5200 of the Re- ness which exceeds twice the maximum total transaction accounts’’ after ‘‘institutions’’; vised Statutes of the United States (12 U.S.C. compensation received by the officer or em- and 84) is amended— ployee from the eligible business in calendar (B) by striking ‘‘shall not’’ and inserting (1) in subsection (c)(7)— year 2019; and ‘‘may’’; and (A) by inserting ‘‘any nonbank financial (2) no officer or employee of the eligible (2) by adding at the end the following: company (as that term is defined in section business whose total compensation exceeded ‘‘(h) APPROVAL OF GUARANTEE PROGRAM 102 of the Financial Stability Act of 2010 (12 $3,000,000 in calendar year 2019 may receive DURING THE COVID–19 CRISIS.— U.S.C. 5311)),’’ after ‘‘Loans or extensions of during any 12 consecutive months of such pe- ‘‘(1) IN GENERAL.—For purposes of the con- credit to’’; and riod total compensation in excess of the sum gressional joint resolution of approval pro- (B) by striking ‘‘financial institution or of— vided for in subsections (c)(1) and (2) and (d), to’’ and inserting ‘‘financial institution, or (A) $3,000,000; and notwithstanding any other provision of this to’’; and (B) 50 percent of the excess over $3,000,000 section, the Federal Deposit Insurance Cor- (2) in subsection (d), by adding at the end of the total compensation received by the of- poration is approved upon enactment of this of paragraph (1) the following: ‘‘The Comp- ficer or employee from the eligible business Act to establish a program provided for in troller of the Currency may, by order, ex- in calendar year 2019. subsection (a), provided that any such pro- empt any transaction or series of trans- (b) TOTAL COMPENSATION DEFINED.—In this gram and any such guarantee shall termi- actions from the requirements of this section section, the term ‘‘total compensation’’ in- nate not later than December 31, 2020. upon a finding by the Comptroller that such cludes salary, bonuses, awards of stock, and ‘‘(2) MAXIMUM AMOUNT.—Any debt guar- exemption is in the public interest and con- other financial benefits provided by an eligi- antee program authorized by this subsection sistent with the purposes of this section.’’.

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(b) EFFECTIVE PERIOD.—This section, and (1) IN GENERAL.—During the applicable pe- beginning on the date of enactment of this the amendments made by this section, shall riod, a financial institution may elect to— Act and ending on December 31, 2020. Any be effective during the period beginning on (A) suspend the requirements under United guarantee established as a result of the ap- the date of enactment of this Act and ending States generally accepted accounting prin- plication of subsection (a) shall— on the sooner of— ciples for loan modifications related to the (1) be limited to a guarantee of the total (1) the termination date of the national coronavirus disease 2019 (COVID–19) pan- value of a shareholder’s account in a partici- emergency concerning the novel coronavirus demic that would otherwise be categorized as pating fund as of the close of business on the disease (COVID–19) outbreak declared by the a troubled debt restructuring; and day before the announcement of the guar- President on March 13, 2020 under the Na- (B) suspend any determination of a loan antee; and tional Emergencies Act (50 U.S.C. 1601 et modified as a result of the effects of the (2) terminate not later than December 31, seq.); or coronavirus disease 2019 (COVID–19) pan- 2020. (2) December 31, 2020. demic as being a troubled debt restructuring, (b) DIRECT APPROPRIATION.—Upon the expi- SEC. 4012. TEMPORARY RELIEF FOR COMMUNITY including impairment for accounting pur- ration of the period described in subsection BANKS. poses. (a), there is appropriated, out of amounts in (a) DEFINITIONS.—In this section— (2) APPLICABILITY.—Any suspension under the Treasury not otherwise appropriated, (1) the term ‘‘appropriate Federal banking paragraph (1)— such sums as may be necessary to reimburse agency’’ has the meaning given the term in (A) shall be applicable for the term of the the fund established under section 5302(a)(1) section 2 of the Economic Growth, Regu- loan modification, but solely with respect to of title 31, United States Code, for any funds latory Relief, and Consumer Protection Act any modification, including a forbearance that are used for the Treasury Money Mar- (12 U.S.C. 5365 note); and arrangement, an interest rate modification, ket Funds Guaranty Program for the United (2) the terms ‘‘Community Bank Leverage a repayment plan, and any other similar ar- States money market mutual fund industry Ratio’’ and ‘‘qualifying community bank’’ rangement that defers or delays the payment to the extent a claim payment made exceeds have the meanings given the terms in sec- of principal or interest, that occurs during the balance of fees collected by the fund. tion 201(a) of the Economic Growth, Regu- the applicable period for a loan that was not SEC. 4016. TEMPORARY CREDIT UNION PROVI- latory Relief, and Consumer Protection Act more than 30 days past due as of December SIONS. (12 U.S.C. 5371 note). 31, 2019; and (a) IN GENERAL.— (b) INTERIM RULE.— (B) shall not apply to any adverse impact (1) DEFINITIONS.—Section 302(1) of the Fed- (1) IN GENERAL.—Notwithstanding any on the credit of a borrower that is not re- eral Credit Union Act (12 U.S.C. 1795a(1)) is other provision of law or regulation, the ap- lated to the coronavirus disease 2019 amended, in the matter preceding subpara- propriate Federal banking agencies shall (COVID–19) pandemic. graph (A), by striking ‘‘primarily serving issue an interim final rule that provides (c) DEFERENCE.—The appropriate Federal natural persons’’. that, for the purposes of section 201 of the banking agency of the financial institution (2) MEMBERSHIP.—Section 304(b)(2) of the Economic Growth, Regulatory Relief, and shall defer to the determination of the finan- Federal Credit Union Act (12 U.S.C. Consumer Protection Act (12 U.S.C. 5371 cial institution to make a suspension under 1795c(b)(2)) is amended by striking ‘‘all those note)— this section. credit unions’’ and inserting ‘‘such credit (d) RECORDS.—For modified loans for which (A) the Community Bank Leverage Ratio unions as the Board may in its discretion de- suspensions under subsection (a) apply— shall be 8 percent; and termine’’. (1) financial institutions should continue (B) a qualifying community bank that falls (3) EXTENSIONS OF CREDIT.—Section to maintain records of the volume of loans below the Community Bank Leverage Ratio 306(a)(1) of the Federal Credit Union Act (12 involved; and established under subparagraph (A) shall U.S.C. 1795e(a)(1)) is amended, in the second (2) the appropriate Federal banking agen- have a reasonable grace period to satisfy the sentence, by striking ‘‘the intent of which is cies may collect data about such loans for Community Bank Leverage Ratio. to expand credit union portfolios’’ and in- supervisory purposes. (2) EFFECTIVE PERIOD.—The interim rule serting ‘‘without first having obtained evi- issued under paragraph (1) shall be effective SEC. 4014. OPTIONAL TEMPORARY RELIEF FROM dence from the applicant that the applicant during the period beginning on the date on CURRENT EXPECTED CREDIT LOSSES. has made reasonable efforts to first use pri- which the appropriate Federal banking agen- (a) DEFINITIONS.—In this section: mary sources of liquidity of the applicant, cies issue the rule and ending on the sooner (1) APPROPRIATE FEDERAL BANKING AGEN- including balance sheet and market funding of— CY.—The term ‘‘appropriate Federal banking sources, to address the liquidity needs of the (A) the termination date of the national agency’’— applicant’’. emergency concerning the novel coronavirus (A) has the meaning given the term in sec- (4) POWERS OF THE BOARD.—Section disease (COVID–19) outbreak declared by the tion 3 of the Federal Deposit Insurance Act 307(a)(4)(A) of the Federal Credit Union Act President on March 13, 2020 under the Na- (12 U.S.C. 1813); and (12 U.S.C. 1795f(a)(4)(A)) is amended by in- tional Emergencies Act (50 U.S.C. 1601 et (B) includes the National Credit Union Ad- serting ‘‘, provided that, the total face value seq.); or ministration. of such obligations shall not exceed 16 times (B) December 31, 2020. (2) INSURED DEPOSITORY INSTITUTION.—The the subscribed capital stock and surplus of (c) GRACE PERIOD.—During a grace period term ‘‘insured depository institution’’— the Facility for the period beginning on the described in subsection (b)(1)(B), a qualifying (A) has the meaning given the term in sec- date of enactment of the Coronavirus Eco- community bank to which the grace period tion 3 of the Federal Deposit Insurance Act nomic Stabilization Act of 2020 and ending applies may continue to be treated as a (12 U.S.C. 1813); and on December 31, 2020’’ after ‘‘Facility’’. qualifying community bank and shall be pre- (B) includes a credit union. (b) SUNSET.— sumed to satisfy the capital and leverage re- (b) TEMPORARY RELIEF FROM CECL STAND- (1) IN GENERAL.— quirements described in section 201(c) of the ARDS.—Notwithstanding any other provision (A) DEFINITIONS.—Section 302(1) of the Fed- Economic Growth, Regulatory Relief, and of law, no insured depository institution, eral Credit Union Act (12 U.S.C. 1795a(1)) is Consumer Protection Act (12 U.S.C. 5371 bank holding company, or any affiliate amended, in the matter preceding subpara- note). thereof shall be required to comply with the graph (A), by inserting ‘‘primarily serving SEC. 4013. TEMPORARY RELIEF FROM TROUBLED Financial Accounting Standards Board Ac- natural persons’’ after ‘‘credit unions’’. DEBT RESTRUCTURINGS. counting Standards Update No. 2016–13 (B) MEMBERSHIP.—Section 304(b)(2) of the (a) DEFINITIONS.—In this section: (‘‘Measurement of Credit Losses on Finan- Federal Credit Union Act (12 U.S.C. (1) APPLICABLE PERIOD.—The term ‘‘appli- cial Instruments’’), including the current ex- 1795c(b)(2)) is amended by striking ‘‘such cable period’’ means the period beginning on pected credit losses methodology for esti- credit unions as the Board may in its discre- March 1, 2020 and ending on the earlier of De- mating allowances for credit losses, during tion determine’’ and inserting ‘‘all those cember 31, 2020, or the date that is 60 days the period beginning on the date of enact- credit unions’’. after the date on which the national emer- ment of this Act and ending on the earlier (C) EXTENSIONS OF CREDIT.—Section gency concerning the novel coronavirus dis- of— 306(a)(1) of the Federal Credit Union Act (12 ease (COVID–19) outbreak declared by the (1) the date on which the national emer- U.S.C. 1795e(a)(1)) is amended, in the second President on March 13, 2020 under the Na- gency concerning the novel coronavirus dis- sentence, by striking ‘‘without first having tional Emergencies Act (50 U.S.C. 1601 et ease (COVID–19) outbreak declared by the obtained evidence from the applicant that seq.) terminates. President on March 13, 2020 under the Na- the applicant has made reasonable efforts to (2) APPROPRIATE FEDERAL BANKING AGEN- tional Emergencies Act (50 U.S.C. 1601 et first use primary sources of liquidity of the CY.—The term ‘‘appropriate Federal banking seq.) terminates; or applicant, including balance sheet and mar- agency’’— (2) December 31, 2020. ket funding sources, to address the liquidity (A) has the meaning given the term in sec- SEC. 4015. NON-APPLICABILITY OF RESTRIC- needs of the applicant’’ and inserting ‘‘the tion 3 of the Federal Deposit Insurance Act TIONS ON ESF DURING NATIONAL intent of which is to expand credit union (12 U.S.C. 1813); and EMERGENCY. portfolios’’. (B) includes the National Credit Union Ad- (a) IN GENERAL.—Section 131 of the Emer- (2) EFFECTIVE DATE.—The amendments ministration. gency Economic Stabilization Act of 2008 (12 made by paragraph (1) shall take effect on (b) SUSPENSION.— U.S.C. 5236) shall not apply during the period December 31, 2020.

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2119 SEC. 4017. INCREASING ACCESS TO MATERIALS (D) A listing of, and detailed biographical report the circumstances to the appropriate NECESSARY FOR NATIONAL SECU- information with respect to, each person committees of Congress without delay. RITY AND PANDEMIC RECOVERY. hired to manage or service each loan, loan (f) REPORTS.— Notwithstanding any other provision of guarantee, or other investment made under (1) QUARTERLY REPORTS.— law— section 4003. (A) IN GENERAL.—Not later than 60 days (1) during the 2-year period beginning on (E) A current, as of the date on which the after the date on which the Special Inspector the date of enactment of this Act, the re- information is collected, estimate of the General is confirmed, and once every cal- quirements described in sections 303(a)(6)(C) total amount of each loan, loan guarantee, endar quarter thereafter, the Special Inspec- and 304(e) of the Defense Production Act of and other investment made under this Act tor General shall submit to the appropriate 1950 (50 U.S.C. 4533(a)(6)(C), 4534(e)) shall not that is outstanding, the amount of interest committees of Congress a report summa- apply; and and fees accrued and received with respect to rizing the activities of the Special Inspector (2) during the 1-year period beginning on each loan or loan guarantee, the total General during the 3-month period ending on the date of enactment of this Act, the re- amount of matured loans, the type and the date on which the Special Inspector Gen- quirements described in sections 302(d)(1) amount of collateral, if any, and any losses eral submits the report. and 303 (a)(6)(B) of the Defense Production or gains, if any, recorded or accrued for each (B) CONTENTS.—Each report submitted Act of 1950 (50 U.S.C. 4532(d)(1), 4533(a)(6)(B)) loan, loan guarantee, or other investment. under subparagraph (A) shall include, for the shall not apply. (2) MAINTENANCE OF SYSTEMS.—The Special period covered by the report, a detailed SEC. 4018. SPECIAL INSPECTOR GENERAL FOR Inspector General shall establish, maintain, statement of all loans, loan guarantees, PANDEMIC RECOVERY. and oversee such systems, procedures, and other transactions, obligations, expendi- (a) OFFICE OF INSPECTOR GENERAL.—There controls as the Special Inspector General tures, and revenues associated with any pro- is hereby established within the Department considers appropriate to discharge the duties gram established by the Secretary under sec- of the Treasury the Office of the Special In- of the Special Inspector General under para- tion 4003, as well as the information col- spector General for Pandemic Recovery. graph (1). lected under subsection (c)(1). (b) APPOINTMENT OF INSPECTOR GENERAL; REMOVAL.— (3) ADDITIONAL DUTIES AND RESPONSIBIL- (2) RULE OF CONSTRUCTION.—Nothing in this (1) IN GENERAL.—The head of the Office of ITIES.—In addition to the duties described in subsection may be construed to authorize the Special Inspector General for Pandemic paragraphs (1) and (2), the Special Inspector the public disclosure of information that is— Recovery shall be the Special Inspector Gen- General shall also have the duties and re- (A) specifically prohibited from disclosure eral for Pandemic Recovery (referred to in sponsibilities of inspectors general under the by any other provision of law; this section as the ‘‘Special Inspector Gen- Inspector General Act of 1978 (5 U.S.C. App.). (B) specifically required by Executive eral’’), who shall be appointed by the Presi- (d) POWERS AND AUTHORITIES.— order to be protected from disclosure in the dent, by and with the advice and consent of (1) IN GENERAL.—In carrying out the duties interest of national defense or national secu- the Senate. of the Special Inspector General under sub- rity or in the conduct of foreign affairs; or (2) NOMINATION.—The nomination of the section (c), the Special Inspector General (C) a part of an ongoing criminal investiga- Special Inspector General shall be made on shall have the authorities provided in section. the basis of integrity and demonstrated abil- tion 6 of the Inspector General Act of 1978 (5 (g) FUNDING.— ity in accounting, auditing, financial anal- U.S.C. App.). (1) IN GENERAL.—Of the amounts made ysis, law, management analysis, public ad- (2) TREATMENT OF OFFICE.—The Office of available to the Secretary under section 4027, ministration, or investigations. The nomina- the Special Inspector General for Pandemic $25,000,000 shall be made available to the Spe- tion of an individual as Special Inspector Recovery shall be considered to be an office cial Inspector General to carry out this sec- General shall be made as soon as practicable described in section 6(f)(3) of the Inspector tion. after any loan, loan guarantee, or other in- General Act of 1978 (5 U.S.C. App.) and shall (2) AVAILABILITY.—The amounts made vestment is made under section 4003. be exempt from an initial determination by available to the Special Inspector General (3) REMOVAL.—The Special Inspector Gen- the Attorney General under section 6(f)(2) of under paragraph (1) shall remain available eral shall be removable from office in accord- that Act. until expended. ance with the provisions of section 3(b) of (e) PERSONNEL, FACILITIES, AND OTHER RE- (h) TERMINATION.—The Office of the Special the Inspector General Act of 1978 (5 U.S.C. SOURCES.— Inspector General shall terminate on the App.). (1) APPOINTMENT OF OFFICERS AND EMPLOY- date 5 years after the enactment of this Act. (4) POLITICAL ACTIVITY.—For purposes of EES.—The Special Inspector General may se- (i) COUNCIL OF THE INSPECTORS GENERAL ON section 7324 of title 5, United States Code, lect, appoint, and employ such officers and INTEGRITY AND EFFICIENCY.—The Special In- the Special Inspector General shall not be employees as may be necessary for carrying spector General shall be a member of the considered an employee who determines poli- out the duties of the Special Inspector Gen- Council of the Inspectors General on Integ- cies to be pursued by the United States in eral, subject to the provisions of title 5, rity and Efficiency established under section the nationwide administration of Federal United States Code, governing appointments 11 of the Inspector General Act of 1978 (5 law. in the competitive service, and the provi- U.S.C. App.) until the date of termination of (5) BASIC PAY.—The annual rate of basic sions of chapter 51 and subchapter III of the Office of the Special Inspector General. pay of the Special Inspector General shall be chapter 53 of that title, relating to classifica- (j) CORRECTIVE RESPONSES TO AUDIT PROB- the annual rate of basic pay for an Inspector tion and General Schedule pay rates. LEMS.—The Secretary shall— General under section 3(e) of the Inspector (2) EXPERTS AND CONSULTANTS.—The Spe- (1) take action to address deficiencies iden- General Act of 1978 (5 U.S.C. App.). cial Inspector General may obtain services tified by a report or investigation of the Spe- (c) DUTIES.— as authorized under section 3109 of title 5, cial Inspector General; or (1) IN GENERAL.—It shall be the duty of the United States Code, at daily rates not to ex- (2) with respect to a deficiency identified Special Inspector General to, in accordance ceed the equivalent rate prescribed for grade under paragraph (1), certify to the Com- with section 4(b)(1) of the Inspector General GS–15 of the General Schedule by section mittee on Banking, Housing, and Urban Af- Act of 1978 (5 U.S.C. App.), conduct, super- 5332 of that title. fairs of the Senate, the Committee on Fi- vise, and coordinate audits and investiga- (3) CONTRACTS.—The Special Inspector nance of the Senate, the Committee on Fi- tions of the making, purchase, management, General may enter into contracts and other nancial Services of the House of Representa- and sale of loans, loan guarantees, and other arrangements for audits, studies, analyses, tives, and the Committee on Ways and investments made by the Secretary of the and other services with public agencies and Means of the House of Representatives that Treasury under any program established by with private persons, and make such pay- no action is necessary or appropriate. the Secretary under this Act, and the man- ments as may be necessary to carry out the SEC. 4019. CONFLICTS OF INTEREST. agement by the Secretary of any program es- duties of the Inspector General. (a) DEFINITIONS.—In this section: tablished under this Act, including by col- (4) REQUESTS FOR INFORMATION.— (1) CONTROLLING INTEREST.—The term lecting and summarizing the following infor- (A) IN GENERAL.—Upon request of the Spe- ‘‘controlling interest’’ means owning, con- mation: cial Inspector General for information or as- trolling, or holding not less than 20 percent, (A) A description of the categories of the sistance from any department, agency, or by vote or value, of the outstanding amount loans, loan guarantees, and other invest- other entity of the Federal Government, the of any class of equity interest in an entity. ments made by the Secretary. head of that department, agency, or entity (2) COVERED ENTITY.—The term ‘‘covered (B) A listing of the eligible businesses re- shall, to the extent practicable and not in entity’’ means an entity in which a covered ceiving loan, loan guarantees, and other in- contravention of any existing law, furnish individual directly or indirectly holds a con- vestments made under each category de- that information or assistance to the Special trolling interest. For the purpose of deter- scribed in subparagraph (A). Inspector General, or an authorized designee. mining whether an entity is a covered enti- (C) An explanation of the reasons the Sec- (B) REFUSAL TO PROVIDE REQUESTED INFOR- ty, the securities owned, controlled, or held retary determined it to be appropriate to MATION.—Whenever information or assist- by 2 or more individuals who are related as make each loan or loan guarantee under this ance requested by the Special Inspector Gen- described in paragraph (3)(B) shall be aggre- Act, including a justification of the price eral is, in the judgment of the Special In- gated. paid for, and other financial terms associ- spector General, unreasonably refused or not (3) COVERED INDIVIDUAL.—The term ‘‘cov- ated with, the applicable transaction. provided, the Special Inspector General shall ered individual’’ means—

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(A) the President, the Vice President, the taxpayers and maximizing the benefits for (3) POWERS OF MEMBERS AND AGENTS.—Any head of an Executive department, or a Mem- taxpayers. member or agent of the Oversight Commis- ber of Congress; and (B) TIMING.—The reports required under sion may, if authorized by the Oversight (B) the spouse, child, son-in-law, or daugh- this paragraph shall be submitted not later Commission, take any action which the ter-in-law, as determined under applicable than 30 days after the first exercise by the Oversight Commission is authorized to take common law, of an individual described in Secretary and the Board of Governors of the by this section. subparagraph (A). Federal Reserve System of the authority (4) OBTAINING OFFICIAL DATA.—The Over- (4) EXECUTIVE DEPARTMENT.—The term under this subtitle and every 30 days there- sight Commission may secure directly from ‘‘Executive department’’ has the meaning after. any department or agency of the United given the term in section 101 of title 5, (c) MEMBERSHIP.— States information necessary to enable it to United States Code. (1) IN GENERAL.—The Oversight Commis- carry out this section. Upon request of the (5) MEMBER OF CONGRESS.—The term sion shall consist of 5 members as follows: Chairperson of the Oversight Commission, ‘‘member of Congress’’ means a member of (A) 1 member appointed by the Speaker of the head of that department or agency shall the Senate or House of Representatives, a the House of Representatives. furnish that information to the Oversight Delegate to the House of Representatives, (B) 1 member appointed by the minority Commission. and the Resident Commissioner from Puerto leader of the House of Representatives. (5) REPORTS.—The Oversight Commission Rico. (C) 1 member appointed by the majority shall receive and consider all reports re- (6) EQUITY INTEREST.—The term ‘‘equity in- leader of the Senate. quired to be submitted to the Oversight terest’’ means— (D) 1 member appointed by the minority Commission under this subtitle. (A) a share in an entity, without regard to leader of the Senate. (f) TERMINATION.—The Oversight Commis- whether the share is— (E) 1 member appointed as Chairperson by sion shall terminate on September 30, 2025. (g) FUNDING FOR EXPENSES.— (i) transferable; or the Speaker of the House of Representatives (1) AUTHORIZATION OF APPROPRIATIONS.— (ii) classified as stock or anything similar; and the majority leader of the Senate, after There is authorized to be appropriated to the (B) a capital or profit interest in a limited consultation with the minority leader of the Oversight Commission such sums as may be liability company or partnership; or Senate and the minority leader of the House necessary for any fiscal year, half of which (C) a warrant or right, other than a right of Representatives shall be derived from the applicable account to convert, to purchase, sell, or subscribe to (2) PAY.—Each member of the Oversight of the House of Representatives, and half of a share or interest described in subparagraph Commission shall be paid at a rate equal to the daily equivalent of the annual rate of which shall be derived from the contingent (A) or (B), respectively. basic pay for level I of the Executive Sched- fund of the Senate. (b) PROHIBITION.—Notwithstanding any ule for each day (including travel time) dur- (2) REIMBURSEMENT OF AMOUNTS.—An other provision of this subtitle, no covered ing which such member is engaged in the ac- amount equal to the expenses of the Over- entity may be eligible for any transaction tual performance of duties vested in the sight Commission shall be promptly trans- described in section 4003. Oversight Commission. ferred by the Secretary and the Board of (c) REQUIREMENT.—The principal executive (3) PROHIBITION OF COMPENSATION OF FED- Governors of the Federal Reserve System, officer and the principal financial officer, or ERAL EMPLOYEES.—Members of the Oversight from time to time upon the presentment of a individuals performing similar functions, of Commission who are full-time officers or em- statement of such expenses by the Chair- an entity seeking to enter a transaction ployees of the United States may not receive person of the Oversight Commission, from under section 4003 shall, before that trans- additional pay, allowances, or benefits by funds made available to the Secretary under action is approved, certify to the Secretary reason of their service on the Oversight Com- this subtitle to the applicable fund of the and the Board of Governors of the Federal mission. House of Representatives and the contingent Reserve System that the entity is eligible to (4) TRAVEL EXPENSES.—Each member shall fund of the Senate, as appropriate, as reim- engage in that transaction, including that receive travel expenses, including per diem bursement for amounts expended from such the entity is not a covered entity. in lieu of subsistence, in accordance with ap- account and fund under paragraph (1). SEC. 4020. CONGRESSIONAL OVERSIGHT COMMIS- plicable provisions under subchapter I of SEC. 4021. CREDIT PROTECTION DURING COVID– SION. chapter 57 of title 5, United States Code. 19. (a) ESTABLISHMENT.—There is hereby es- (5) QUORUM.—Four members of the Over- Section 623(a)(1) of the Fair Credit Report- tablished the Congressional Oversight Com- sight Commission shall constitute a quorum ing Act (15 U.S.C. 1681s–2(a)(1)) is amended by mission (hereafter in this section referred to but a lesser number may hold hearings. adding at the end the following: as the ‘‘Oversight Commission’’) as an estab- (6) VACANCIES.—A vacancy on the Over- ‘‘(F) REPORTING INFORMATION DURING lishment in the legislative branch. sight Commission shall be filled in the man- COVID–19 PANDEMIC.— (b) DUTIES.— ner in which the original appointment was ‘‘(i) DEFINITIONS.—In this subsection: (1) IN GENERAL.—The Oversight Commis- made. ‘‘(I) ACCOMMODATION.—The term ‘accommo- sion shall— (7) MEETINGS.—The Oversight Commission dation’ includes an agreement to defer 1 or (A) conduct oversight of the implementa- shall meet at the call of the Chairperson or more payments, make a partial payment, tion of this subtitle by the Department of a majority of its members. forbear any delinquent amounts, modify a the Treasury and the Board of Governors of (d) STAFF.— loan or contract, or any other assistance or the Federal Reserve System, including ef- (1) IN GENERAL.—The Oversight Commis- relief granted to a consumer who is affected forts of the Department and the Board to sion may appoint and fix the pay of any per- by the coronavirus disease 2019 (COVID–19) provide economic stability as a result of the sonnel as the Oversight Commission con- pandemic during the covered period. coronavirus disease 2019 (COVID–19) pan- siders appropriate. ‘‘(II) COVERED PERIOD.—The term ‘covered demic of 2020; (2) EXPERTS AND CONSULTANTS.—The Over- period’ means the period beginning on Janu- (B) submit to Congress reports under para- sight Commission may procure temporary ary 31, 2020 and ending on the later of— graph (2); and and intermittent services under section ‘‘(aa) 120 days after the date of enactment (C) review the implementation of this sub- 3109(b) of title 5, United States Code. of this subparagraph; or title by the Federal Government. (3) STAFF OF AGENCIES.—Upon request of ‘‘(bb) 120 days after the date on which the (2) REGULAR REPORTS.— the Oversight Commission, the head of any national emergency concerning the novel (A) IN GENERAL.—Reports of the Oversight Federal department or agency may detail, on coronavirus disease (COVID–19) outbreak de- Commission shall include the following: a reimbursable basis, any of the personnel of clared by the President on March 13, 2020 (i) The use by the Secretary and the Board that department or agency to the Oversight under the National Emergencies Act (50 of Governors of the Federal Reserve System Commission to assist it in carrying out its U.S.C. 1601 et seq.) terminates. of authority under this subtitle, including duties under the this subtitle. ‘‘(ii) REPORTING.—Except as provided in with respect to the use of contracting au- (e) POWERS.— clause (iii), if a furnisher makes an accom- thority and administration of the provisions (1) HEARINGS AND EVIDENCE.—The Oversight modation with respect to 1 or more pay- of this subtitle. Commission, or any subcommittee or mem- ments on a credit obligation or account of a (ii) The impact of loans, loan guarantees, ber thereof, may, for the purpose of carrying consumer, and the consumer makes the pay- and investments made under this subtitle on out this section hold hearings, sit and act at ments or is not required to make 1 or more the financial well-being of the people of the times and places, take testimony, and repayments pursuant to the accommodation, United States and the United States econ- ceive evidence as the Oversight Commission the furnisher shall— omy, financial markets, and financial insti- considers appropriate and may administer ‘‘(I) report the credit obligation or account tutions. oaths or affirmations to witnesses appearing as current; or (iii) The extent to which the information before it. ‘‘(II) if the credit obligation or account was made available on transactions under this (2) CONTRACTING.—The Oversight Commis- delinquent before the accommodation— subtitle has contributed to market trans- sion may, to such extent and in such ‘‘(aa) maintain the delinquent status dur- parency. amounts as are provided in appropriation ing the period in which the accommodation (iv) The effectiveness of loans, loan guar- Acts, enter into contracts to enable the is in effect; and antees, and investments made under this Oversight Commission to discharge its duties ‘‘(bb) if the consumer brings the credit ob- subtitle of minimizing long-term costs to the under this section. ligation or account current during the period

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2121 described in item (aa), report the credit obli- borrower, provided that, the borrower’s re- more families, including any such secured gation or account as current. quest for an extension is made during the loan, the proceeds of which are used to pre- ‘‘(iii) EXCEPTION.—Clause (ii) shall not covered period, and, at the borrower’s repay or pay off an existing loan secured by apply with respect to a credit obligation or quest, either the initial or extended period of the same property; and account of a consumer that has been forbearance may be shortened. (B) is made in whole or in part, or insured, charged-off.’’. (2) FORECLOSURE MORATORIUM.—Except guaranteed, supplemented, or assisted in any SEC. 4022. FORECLOSURE MORATORIUM AND with respect to a vacant or abandoned prop- way, by any officer or agency of the Federal CONSUMER RIGHT TO REQUEST erty, a servicer of a Federally backed mort- Government or under or in connection with FORBEARANCE. gage loan may not initiate any judicial or a housing or urban development program ad- (a) DEFINITIONS.—In this section: non-judicial foreclosure process, move for a ministered by the Secretary of Housing and (1) COVID–19 EMERGENCY.—The term foreclosure judgment or order of sale, or exe- Urban Development or a housing or related ‘‘COVID–19 emergency’’ means the national cute a foreclosure-related eviction or fore- program administered by any other such of- emergency concerning the novel coronavirus closure sale for not less than the 60-day pe- ficer or agency, or is purchased or disease (COVID–19) outbreak declared by the riod beginning on March 18, 2020. securitized by the Federal Home Loan Mort- President on March 13, 2020 under the Na- SEC. 4023. FORBEARANCE OF RESIDENTIAL gage Corporation or the Federal National tional Emergencies Act (50 U.S.C. 1601 et MORTGAGE LOAN PAYMENTS FOR Mortgage Association. seq.). MULTIFAMILY PROPERTIES WITH (3) MULTIFAMILY BORROWER.—the term (2) FEDERALLY BACKED MORTGAGE LOAN.— FEDERALLY BACKED LOANS. ‘‘multifamily borrower’’ means a borrower of The term ‘‘Federally backed mortgage loan’’ (a) IN GENERAL.—During the covered pe- a residential mortgage loan that is secured includes any loan which is secured by a first riod, a multifamily borrower with a Feder- by a lien against a property comprising 5 or or subordinate lien on residential real prop- ally backed multifamily mortgage loan expe- more dwelling units. erty (including individual units of condomin- riencing a financial hardship due, directly or (4) COVID–19 EMERGENCY.—The term iums and cooperatives) designed principally indirectly, to the COVID–19 emergency may ‘‘COVID–19 emergency’’ means the national for the occupancy of from 1- to 4- families request a forbearance under the terms set emergency concerning the novel coronavirus that is— forth in this section. disease (COVID–19) outbreak declared by the (A) insured by the Federal Housing Admin- (b) REQUEST FOR RELIEF.—A multifamily President on March 13, 2020 under the Na- istration under title II of the National Hous- borrower with a Federally backed multi- tional Emergencies Act (50 U.S.C. 1601 et ing Act (12 U.S.C. 1707 et seq.); family mortgage loan that was current on its seq.). (B) insured under section 255 of the Na- payments as of February 1, 2020, may submit (5) COVERED PERIOD.—The term ‘‘covered tional Housing Act (12 U.S.C. 1715z–20); an oral or written request for forbearance period’’ means the period beginning on the (C) guaranteed under section 184 or 184A of under subsection (a) to the borrower’s date of enactment of this Act and ending on the Housing and Community Development servicer affirming that the multifamily bor- the sooner of— Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b); rower is experiencing a financial hardship (A) the termination date of the national (D) guaranteed or insured by the Depart- during the COVID–19 emergency. emergency concerning the novel coronavirus ment of Veterans Affairs; (c) FORBEARANCE PERIOD.— disease (COVID–19) outbreak declared by the (E) guaranteed or insured by the Depart- (1) IN GENERAL.—Upon receipt of an oral or President on March 13, 2020 under the Na- ment of Agriculture; written request for forbearance from a mul- tional Emergencies Act (50 U.S.C. 1601 et (F) made by the Department of Agri- tifamily borrower, a servicer shall— seq.); or culture; or (A) document the financial hardship; (B) December 31, 2020. (G) purchased or securitized by the Federal (B) provide the forbearance for up to 30 SEC. 4024. TEMPORARY MORATORIUM ON EVIC- Home Loan Mortgage Corporation or the days; and TION FILINGS. Federal National Mortgage Association. (C) extend the forbearance for up to 2 addi- (a) DEFINITIONS.—In this section: (b) FORBEARANCE.— tional 30 day periods upon the request of the (1) COVERED DWELLING.—The term ‘‘covered (1) IN GENERAL.—During the covered period, borrower provided that, the borrower’s re- dwelling’’ means a dwelling that— a borrower with a Federally backed mort- quest for an extension is made during the (A) is occupied by a tenant— gage loan experiencing a financial hardship covered period, and, at least 15 days prior to (i) pursuant to a residential lease; or due, directly or indirectly, to the COVID–19 the end of the forbearance period described (ii) without a lease or with a lease ter- emergency may request forbearance on the under subparagraph (B). minable under State law; and Federally backed mortgage loan, regardless (2) RIGHT TO DISCONTINUE.—A multifamily (B) is on or in a covered property. of delinquency status, by— borrower shall have the option to dis- (2) COVERED PROPERTY.—The term ‘‘covered (A) submitting a request to the borrower’s continue the forbearance at any time. property’’ means any property that— servicer; and (d) RENTER PROTECTIONS DURING FORBEAR- (A) participates in— (B) affirming that the borrower is experi- ANCE PERIOD.—A multifamily borrower that (i) a covered housing program (as defined encing a financial hardship during the receives a forbearance under this section in section 41411(a) of the Violence Against COVID–19 emergency. may not, for the duration of the forbear- Women Act of 1994 (34 U.S.C. 12491(a))); or (2) DURATION OF FORBEARANCE.—Upon a re- ance— (ii) the rural housing voucher program quest by a borrower for forbearance under (1) evict or initiate the eviction of a tenant under section 542 of the Housing Act of 1949 paragraph (1), such forbearance shall be from a dwelling unit located in or on the ap- (42 U.S.C. 1490r); or granted for up to 180 days, and shall be ex- plicable property solely for nonpayment of (B) has a— tended for an additional period of up to 180 rent or other fees or charges; or (i) Federally backed mortgage loan; or days at the request of the borrower, provided (2) charge any late fees, penalties, or other (ii) Federally backed multifamily mort- that, at the borrower’s request, either the charges to a tenant described in paragraph gage loan. initial or extended period of forbearance may (1) for late payment of rent. (3) DWELLING.—The term ‘‘dwelling’’— be shortened. (e) NOTICE.—A multifamily borrower that (A) has the meaning given the term in sec- (3) ACCRUAL OF INTEREST OR FEES.—During receives a forbearance under this section— tion 802 of the Fair Housing Act (42 U.S.C. a period of forbearance described in this sub- (1) may not require a tenant to vacate a 3602); and section, no fees, penalties, or interest beyond dwelling unit located in or on the applicable (B) includes houses and dwellings described the amounts scheduled or calculated as if the property before the date that is 30 days after in section 803(b) of such Act (42 U.S.C. borrower made all contractual payments on the date on which the borrower provides the 3603(b)). time and in full under the terms of the mort- tenant with a notice to vacate; and (4) FEDERALLY BACKED MORTGAGE LOAN.— gage contract, shall accrue on the borrower’s (2) may not issue a notice to vacate under The term ‘‘Federally backed mortgage loan’’ account. paragraph (1) until after the expiration of includes any loan (other than temporary fi- (c) REQUIREMENTS FOR SERVICERS.— the forbearance. nancing such as a construction loan) that— (1) IN GENERAL.—Upon receiving a request (f) DEFINITIONS.—In this section: (A) is secured by a first or subordinate lien for forbearance from a borrower under sub- (1) APPLICABLE PROPERTY.—The term ‘‘ap- on residential real property (including indi- section (b), the servicer shall with no addi- plicable property’’, with respect to a Feder- vidual units of condominiums and coopera- tional documentation required other than ally backed multifamily mortgage loan, tives) designed principally for the occupancy the borrower’s attestation to a financial means the residential multifamily property of from 1 to 4 families, including any such se- hardship caused by the COVID–19 emergency against which the mortgage loan is secured cured loan, the proceeds of which are used to and with no fees, penalties, or interest (be- by a lien. prepay or pay off an existing loan secured by yond the amounts scheduled or calculated as (2) FEDERALLY BACKED MULTIFAMILY MORT- the same property; and if the borrower made all contractual pay- GAGE LOAN.—The term ‘‘Federally backed (B) is made in whole or in part, or insured, ments on time and in full under the terms of multifamily mortgage loan’’ includes any guaranteed, supplemented, or assisted in any the mortgage contract) charged to the bor- loan (other than temporary financing such way, by any officer or agency of the Federal rower in connection with the forbearance, as a construction loan) that— Government or under or in connection with provide the forbearance for up to 180 days, (A) is secured by a first or subordinate lien a housing or urban development program ad- which may be extended for an additional pe- on residential multifamily real property de- ministered by the Secretary of Housing and riod of up to 180 days at the request of the signed principally for the occupancy of 5 or Urban Development or a housing or related

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program administered by any other such of- tion, date of application approval, and iden- (c) TESTIMONY.—The Secretary and the ficer or agency, or is purchased or tity of the counterparty; Chairman of the Board of Governors of the securitized by the Federal Home Loan Mort- (2) the amount of the loan or loan guar- Federal Reserve System shall testify, on a gage Corporation or the Federal National antee; quarterly basis, before the Committee on Mortgage Association. (3) the interest rate, conditions, and any Banking, Housing, and Urban Affairs of the (5) FEDERALLY BACKED MULTIFAMILY MORT- other material or financial terms associated Senate and the Committee on Financial GAGE LOAN.—The term ‘‘Federally backed with the transaction, if applicable; and Services of the House of Representatives re- multifamily mortgage loan’’ includes any (4) a copy of the relevant and final term garding the obligations of the Department of loan (other than temporary financing such sheet, if applicable, and contract or other the Treasury and the Federal Reserve Sys- as a construction loan) that— relevant documentation regarding the trans- tem, and transactions entered into, under (A) is secured by a first or subordinate lien action. this Act. on residential multifamily real property de- (b) REPORTS.— (d) PROGRAM DESCRIPTIONS.—The Secretary signed principally for the occupancy of 5 or (1) TO CONGRESS.— shall post on the website of the Department more families, including any such secured (A) IN GENERAL.—In addition to such re- of the Treasury all criteria, guidelines, eligi- loan, the proceeds of which are used to pre- ports as are required under section 5302(c) of bility requirements, and application mate- pay or pay off an existing loan secured by title 31, United States Code, not later than 7 rials for the making of any loan or loan the same property; and days after the Secretary makes any loan or guarantee under paragraph (1), (2), or (3) of (B) is made in whole or in part, or insured, loan guarantee under paragraph (1), (2), or (3) section 4003(b). guaranteed, supplemented, or assisted in any of section 4003(b), the Secretary shall submit (e) ADMINISTRATIVE CONTRACTS.—Not later way, by any officer or agency of the Federal to the Chairmen and Ranking Members of than 24 hours after the Secretary enters into Government or under or in connection with the Committee on Banking, Housing, and a contract in connection with the adminis- a housing or urban development program ad- Urban Affairs and the Committee on Finance tration of any loan or loan guarantee au- ministered by the Secretary of Housing and of the Senate and the Chairmen and Ranking thorized to be made under paragraph (1), (2), Urban Development or a housing or related Members of the Committee on Financial or (3) of section 4003(b), the Secretary shall program administered by any other such of- Services and the Committee on Ways and post on the website of the Department of the ficer or agency, or is purchased or Means of the House of Representatives a re- Treasury a copy of the contract. securitized by the Federal Home Loan Mort- port summarizing— (f) GOVERNMENT ACCOUNTABILITY OFFICE.— (i) an overview of actions taken by the Sec- gage Corporation or the Federal National (1) STUDY.—The Comptroller General of the Mortgage Association. retary under paragraph (1), (2) or (3) of sec- United States shall conduct a study on the tion 4003(b) during such period; (b) MORATORIUM.—During the 120-day pe- loans, loan guarantees, and other invest- riod beginning on the date of enactment of (ii) the actual obligation, expenditure, and ments provided under section 4003. disbursements of the funds during such pe- this Act, the lessor of a covered dwelling (2) REPORT.—Not later than 9 months after riod; and may not— the date of enactment of this Act, and annu- (iii) a detailed financial statement with re- (1) make, or cause to be made, any filing ally thereafter through the year succeeding spect to the exercise of authority under with the court of jurisdiction to initiate a the last year for which loans, loan guaran- paragraph (1), (2) or (3) of section 4003(b) legal action to recover possession of the cov- tees, or other investments made under sec- showing— ered dwelling from the tenant for non- tion 4003 are outstanding, the Comptroller (I) all loans and loan guarantees made, repayment of rent or other fees or charges; or General shall submit to the Committee on newed, or restructured; (2) charge fees, penalties, or other charges Financial Services, the Committee on Trans- (II) all transactions during such period, in- to the tenant related to such nonpayment of portation and Infrastructure, the Committee cluding the types of parties involved; on Appropriations, and the Committee on rent. (III) the nature of the assets purchased; (c) NOTICE.—The lessor of a covered dwell- the Budget of the House of Representatives (IV) a description of the vehicles estab- and the Committee on Banking, Housing, ing unit— lished to exercise such authority; and and Urban Affairs, the Committee on Com- (1) may not require the tenant to vacate (V) any or all repayment activity, delin- merce, Science, and Transportation, the the covered dwelling unit before the date quencies or defaults on loans and loan guar- Committee on Appropriations, and the Com- that is 30 days after the date on which the antees issued under paragraph (1), (2) or (3) of lessor provides the tenant with a notice to section 4003(b). mittee on the Budget of the Senate a report on the loans, loan guarantees, and other in- vacate; and (B) PUBLICATION.—Not later than 7 days (2) may not issue a notice to vacate under after the date on which the Secretary sub- vestments made under section 4003. paragraph (1) until after the expiration of mits a report under subparagraph (A) to the SEC. 4027. DIRECT APPROPRIATION. the period described in subsection (b). committees of Congress described in such (a) IN GENERAL.—Notwithstanding any SEC. 4025. PROTECTION OF COLLECTIVE BAR- subparagraph, the Secretary shall publish other provision of law, there is appropriated, GAINING AGREEMENT. such report on the website of the Depart- out of amounts in the Treasury not other- (a) IN GENERAL.—Neither the Secretary, ment of the Treasury. wise appropriated, to the fund established nor any other actor, department, or agency (C) 30-DAY REPORTS.—Every 30 days during under section 5302(a)(1) of title 31, United of the Federal Government, shall condition such time as a loan or loan guarantee under States Code, $500,000,000,000 to carry out this the issuance of a loan or loan guarantee paragraph (1), (2), or (3) of section 4003(b) is subtitle. under paragraph (1), (2), or (3) of section outstanding, the Secretary shall publish on (b) TECHNICAL AND CONFORMING AMEND- 4003(b) of this subtitle on an air carrier’s or the website of the Department of the Treas- MENT.—Section 5302(a) of title 31, United eligible business’s implementation of meas- ury a report summarizing the information States Code, is amended— ures to enter into negotiations with the cer- set forth in subparagraph (A). (1) by striking ‘‘and’’ before ‘‘section 3’’; tified bargaining representative of a craft or (2) BOARD OF GOVERNORS.— and class of employees of the air carrier or eligi- (A) IN GENERAL.—With respect to any pro- (2) by inserting ‘‘and the Coronavirus Eco- ble business under the Railway Labor Act (45 gram or facility described in paragraph (4) of nomic Stabilization Act of 2020,’’ before ‘‘and U.S.C. 151 et seq.) or the National Labor Re- section 4003(b), the Board of Governors of the for investing’’. lations Act (29 U.S.C. 151 et seq.), regarding Federal Reserve System shall provide to the (c) CLARIFICATION.— pay or other terms and conditions of employ- Committee on Banking, Housing, and Urban (1) IN GENERAL.—On or after January 1, ment. Affairs of the Senate and the Committee on 2021, any remaining funds made available (b) PERIOD OF EFFECT.—With respect to an Financial Services of the House of Rep- under section 4003(b) may be used only for— air carrier or eligible business to which the resentatives such reports as are required to (A) modifications, restructurings, or other loan or loan guarantee is provided under this be provided under section 13(3) of the Federal amendments of loans, loan guarantees, or subtitle, this section shall be in effect with Reserve Act (12 U.S.C. 343(3))— other investments in accordance with sec- respect to the air carrier or eligible business (i) not later than 7 days after the Board au- tion 4029(b)(1); and beginning on the date on which the air car- thorizes a new facility or other financial as- (B) exercising any options, warrants, or rier or eligible business is first issued such sistance in accordance with section other investments made prior to January 1, loan or loan guarantee and ending on the 13(3)(C)(i) of the Federal Reserve Act (12 2021; and date that is 1 year after the loan or loan U.S.C. 343(3)(C)(i)); and (C) paying costs and administrative ex- guarantee is no longer outstanding. (ii) once every 30 days with respect to out- penses as provided in section 4003(f). SEC. 4026. REPORTS. standing loans or financial assistance in ac- (2) DEFICIT REDUCTION.—On January 1, 2026, (a) DISCLOSURE OF TRANSACTIONS.—Not cordance with section 13(3)(C)(ii) of the Fed- any funds described in paragraph (1) that are later than 72 hours after any transaction by eral Reserve Act (12 U.S.C. 343(3)(C)(ii)). remaining shall be transferred to the general the Secretary under paragraph (1), (2), or (3) (B) PUBLICATION.—Not later than 7 days fund of the Treasury to be used for deficit re- of section 4003(b), the Secretary shall publish after the Board of Governors of the Federal duction. on the website of the Department of the Reserve System submits a report under sub- SEC. 4028. RULE OF CONSTRUCTION. Treasury— paragraph (A) to the committees of Congress Nothing in this subtitle shall be construed (1) a plain-language description of the described in subparagraph (A), the Board to allow the Secretary to provide relief to el- transaction, including the date of applica- shall publish on its website such report. igible businesses, States, and municipalities

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2123 except in the form of loans, loan guarantees, with providing financial assistance under in any transaction, purchase an equity secu- and other investments as provided in this this subtitle. rity of the air carrier or contractor or the subtitle and under terms and conditions that SEC. 4113. PROCEDURES FOR PROVIDING PAY- parent company of the air carrier or con- are in the interest of the Federal Govern- ROLL SUPPORT. tractor that is listed on a national securities ment. (a) AWARDABLE AMOUNTS.—The Secretary exchange; SEC. 4029. TERMINATION OF AUTHORITY. shall provide financial assistance under this (3) through September 30, 2021, ensure that (a) IN GENERAL.—Except as provided in subtitle— the air carrier or contractor shall not pay subsection (b), on December 31, 2020, the au- (1) to an air carrier in an amount equal to dividends, or make other capital distribu- thority provided under this subtitle to make the salaries and benefits reported by the air tions, with respect to the common stock (or new loans, loan guarantees, or other invest- carrier to the Department of Transportation equivalent interest) of the air carrier or con- ments shall terminate. pursuant to part 241 of title 14, Code of Fed- tractor; and (b) OUTSTANDING.— eral Regulations, for the period from April 1, (4) meet the requirements of sections 4115 (1) IN GENERAL.—Except as provided in 2019, through September 30, 2019; and and 4116. paragraph (2), any loan, loan guarantee, or (2) to an air carrier that does not transmit (b) DEPARTMENT OF TRANSPORTATION AU- other investment outstanding on the date reports under such part 241, in an amount THORITY TO CONDITION ASSISTANCE ON CON- described in subsection (a)— that such air carrier certifies, using sworn fi- TINUATION OF SERVICE.— (A) may be modified, restructured, or oth- nancial statements or other appropriate (1) IN GENERAL.—The Secretary of Trans- erwise amended; and data, as the amount of wages, salaries, bene- portation is authorized to require, to the ex- (B) may not be forgiven. fits, and other compensation that such air tent reasonable and practicable, an air car- (2) DURATION.—The duration of any loan or carrier paid the employees of such air carrier rier provided financial assistance under this loan guarantee made under section 4003(b)(1) during the period from April 1, 2019, through subtitle to maintain scheduled air transpor- that is modified, restructured, or otherwise September 30, 2019; and tation service, as the Secretary of Transpor- amended under paragraph (1) shall not be ex- (3) to a contractor, in an amount that the tation deems necessary, to ensure services to tended beyond 5 years from the initial origi- contractor certifies, using sworn financial any point served by that carrier before nation date of the loan or loan guarantee. statements or other appropriate data, as the March 1, 2020. Subtitle B—Air Carrier Worker Support amount of wages, salaries, benefits, and (2) REQUIRED CONSIDERATIONS.—When considering whether to exercise the authority SEC. 4111. DEFINITIONS. other compensation that such contractor provided by this section, the Secretary of Unless otherwise specified, the terms in paid the employees of such contractor during Transportation shall take into consideration section 40102(a) of title 49, United States the period from April 1, 2019, through Sep- the air transportation needs of small and re- Code, shall apply to this subtitle, except tember 30, 2019. mote communities and the need to maintain that— (b) DEADLINES AND PROCEDURES.— well-functioning health care supply chains, (1) the term ‘‘airline catering employee’’ (1) IN GENERAL.— including medical devices and supplies, and means an employee who performs airline ca- (A) FORMS; TERMS AND CONDITIONS.—Finan- pharmaceutical supply chains. tering services; cial assistance provided to an air carrier or (3) SUNSET.—The authority provided under (2) the term ‘‘airline catering services’’ contractor under this subtitle shall be in this subsection shall terminate on March 1, means preparation, assembly, or both, of such form, on such terms and conditions (in- 2022, and any requirements issued by the food, beverages, provisions and related sup- cluding requirements for audits and the Secretary of Transportation under this sub- plies for delivery, and the delivery of such clawback of any financial assistance pro- section shall cease to apply after that date. items, directly to aircraft or to a location on vided upon failure by a passenger air carrier, or near airport property for subsequent de- cargo air carrier, or contractor to honor the SEC. 4115. PROTECTION OF COLLECTIVE BAR- GAINING AGREEMENT. livery to aircraft; assurances specified in section 4114), as the Secretary determines appropriate. (a) IN GENERAL.—Neither the Secretary, (3) the term ‘‘contractor’’ means— nor any other actor, department, or agency (A) a person that performs, under contract (B) PROCEDURES.—The Secretary shall publish streamlined and expedited procedures of the Federal Government, shall condition with a passenger air carrier conducting oper- the issuance of financial assistance under ations under part 121 of title 14, Code of Fed- not later than 5 days after the date of enactment of this Act for air carriers and contrac- this subtitle on an air carrier’s or contrac- eral Regulations— tor’s implementation of measures to enter (i) catering functions; or tors to submit requests for financial assistance under this subtitle. into negotiations with the certified bar- (ii) functions on the property of an airport gaining representative of a craft or class of that are directly related to the air transpor- (2) DEADLINE FOR IMMEDIATE PAYROLL AS- SISTANCE.—Not later than 10 days after the employees of the air carrier or contractor tation of persons, property, or mail, includ- under the Railway Labor Act (45 U.S.C. 151 et ing but not limited to the loading and un- date of enactment of this Act, the Secretary shall make initial payments to air carriers seq.) or the National Labor Relations Act (29 loading of property on aircraft; assistance to U.S.C. 151 et seq.), regarding pay or other passengers under part 382 of title 14, Code of and contractors that submit requests for financial assistance approved by to the Sec- terms and conditions of employment. Federal Regulations; security; airport (b) PERIOD OF EFFECT.—With respect to an retary. ticketing and check-in functions; ground- air carrier or contractor to which financial (3) SUBSEQUENT PAYMENTS.—The Secretary handling of aircraft; or aircraft cleaning and assistance is provided under this subtitle, shall determine an appropriate method for sanitization functions and waste removal; or this section shall be in effect with respect to timely distribution of payments to air car- (B) a subcontractor that performs such the air carrier or contractor beginning on riers and contractors with approved requests functions; the date on which the air carrier or con- (4) the term ‘‘employee’’ means an indi- for financial assistance from any funds re- tractor is first issued such financial assist- vidual, other than a corporate officer, who is maining available after providing initial fi- ance and ending on September 30, 2020. nancial assistance payments under para- employed by an air carrier or a contractor; SEC. 4116. LIMITATION ON CERTAIN EMPLOYEE and graph (2). COMPENSATION. (5) the term ‘‘Secretary’’ means the Sec- (c) PRO RATA AUTHORITY.—The Secretary (a) IN GENERAL.—The Secretary may only retary of the Treasury. shall have the authority to reduce, on a pro provide financial assistance under this sub- rata basis, the amounts due to air carriers SEC. 4112. PANDEMIC RELIEF FOR AVIATION title to an air carrier or contractor after WORKERS. and contractors under the applicable para- such carrier or contractor enters into an (a) FINANCIAL ASSISTANCE FOR EMPLOYEE graph of section 4112 in order to address any agreement with the Secretary which pro- WAGES, SALARIES, AND BENEFITS.—Notwith- shortfall in assistance that would otherwise vides that, during the 2-year period begin- standing any other provision of law, to pre- be provided under such section. ning March 24, 2020, and ending March 24, serve aviation jobs and compensate air car- (d) AUDITS.—The Inspector General of the 2022, no officer or employee of the air carrier rier industry workers, the Secretary shall Department of the Treasury shall audit cer- or contractor whose total compensation ex- provide financial assistance that shall exclu- tifications made under subsection (a). ceeded $425,000 in calendar year 2019 (other sively be used for the continuation of pay- SEC. 4114. REQUIRED ASSURANCES. than an employee whose compensation is de- ment of employee wages, salaries, and bene- (a) IN GENERAL.—To be eligible for finan- termined through an existing collective bar- fits to— cial assistance under this subtitle, an air gaining agreement entered into prior to en- (1) passenger air carriers, in an aggregate carrier or contractor shall enter into an actment of this Act)— amount up to $25,000,000,000; agreement with the Secretary, or otherwise (1) will receive from the air carrier or con- (2) cargo air carriers, in the aggregate certify in such form and manner as the Sec- tractor total compensation which exceeds, amount up to $4,000,000,000; and retary shall prescribe, that the air carrier or during any 12 consecutive months of such 2- (3) contractors, in an aggregate amount up contractor shall— year period, the total compensation received to $3,000,000,000. (1) refrain from conducting involuntary by the officer or employee from the air car- (b) ADMINISTRATIVE EXPENSES.—Notwith- furloughs or reducing pay rates and benefits rier or contractor in calendar year 2019; standing any other provision of law, the Sec- until September 30, 2020; (2) will receive from the air carrier or con- retary, may use $100,000,000 of the funds (2) through September 30, 2021, ensure that tractor severance pay or other benefits upon made available under section 4120(a) for neither the air carrier or contractor nor any termination of employment with the air car- costs and administrative expenses associated affiliate of the air carrier or contractor may, rier or contractor which exceeds twice the

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2124 CONGRESSIONAL RECORD — SENATE March 25, 2020 maximum total compensation received by ‘‘(B) $8,000,000,000 of such amount for mak- ‘‘(A) the amount set aside under subsection the officer or employee from the air carrier ing payments to Tribal governments. (a)(2)(A) for such fiscal year; and or contractor in calendar year 2019; and ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— ‘‘(B) each such District’s and territory’s (3) no officer or employee of the eligible ‘‘(1) IN GENERAL.—Subject to paragraph (2), share of the combined total population of the business whose total compensation exceeded not later than 30 days after the date of en- District of Columbia and all such territories, $3,000,000 in calendar year 2019 may receive actment of this section, the Secretary shall as determined by the Secretary. during any 12 consecutive months of such pe- pay each State and Tribal government, and ‘‘(7) TRIBAL GOVERNMENTS.—From the riod total compensation in excess of the sum each unit of local government that meets the amount set aside under subsection (a)(2)(B) of— condition described in paragraph (2), the for fiscal year 2020, the amount paid under (A) $3,000,000; and amount determined for the State, Tribal this section for fiscal year 2020 to a Tribal (B) 50 percent of the excess over $3,000,000 government, or unit of local government, for government shall be the amount the Sec- of the total compensation received by the of- fiscal year 2020 under subsection (c). retary shall determine, in consultation with ficer or employee from the eligible business ‘‘(2) DIRECT PAYMENTS TO UNITS OF LOCAL the Secretary of the Interior and Indian in calendar year 2019. GOVERNMENT.—If a unit of local government Tribes, that is based on increased expendi- (b) TOTAL COMPENSATION DEFINED.—In this of a State submits the certification required tures of each such Tribal government (or a section, the term ‘‘total compensation’’ in- by subsection (e) for purposes of receiving a tribally-owned entity of such Tribal govern- cludes salary, bonuses, awards of stock, and direct payment from the Secretary under the ment) relative to aggregate expenditures in other financial benefits provided by an air authority of this paragraph, the Secretary fiscal year 2019 by the Tribal government (or carrier or contractor to an officer or em- shall reduce the amount determined for that tribally-owned entity) and determined in ployee of the air carrier or contractor. State by the relative unit of local govern- such manner as the Secretary determines ap- SEC. 4117. TAX PAYER PROTECTION. ment population proportion amount de- propriate to ensure that all amounts avail- The Secretary may receive warrants, op- scribed in subsection (c)(5) and pay such able under subsection (a)(2)(B) for fiscal year tions, preferred stock, debt securities, notes, amount directly to such unit of local govern- 2020 are distributed to Tribal governments. or other financial instruments issued by re- ment. ‘‘(8) DATA.—For purposes of this sub- cipients of financial assistance under this ‘‘(c) PAYMENT AMOUNTS.— section, the population of States and units of subtitle which, in the sole determination of ‘‘(1) IN GENERAL.—Subject to paragraph (2), local governments shall be determined based the Secretary, provide appropriate com- the amount paid under this section for fiscal on the most recent year for which data are pensation to the Federal Government for the year 2020 to a State that is 1 of the 50 States available from the Bureau of the Census. provision of the financial assistance. shall be the amount equal to the relative ‘‘(d) USE OF FUNDS.—A State, Tribal gov- SEC. 4118. REPORTS. population proportion amount determined ernment, and unit of local government shall use the funds provided under a payment (a) REPORT.—Not later than November 1, for the State under paragraph (3) for such made under this section to cover only those 2020, the Secretary shall submit to the Com- fiscal year. costs of the State, Tribal government, or mittee on Transportation and Infrastructure ‘‘(2) MINIMUM PAYMENT.— unit of local government that— and the Committee on Financial Services of ‘‘(A) IN GENERAL.—No State that is 1 of the ‘‘(1) are necessary expenditures incurred the House of Representatives and the Com- 50 States shall receive a payment under this due to the public health emergency with re- mittee on Commerce, Science, and Transpor- section for fiscal year 2020 that is less than spect to the Coronavirus Disease 2019 tation and the Committee on Banking, Hous- $1,250,000,000. (COVID-19); ing, and Urban Affairs of the Senate a report ‘‘(B) PRO RATA ADJUSTMENTS.—The Sec- ‘‘(2) were not accounted for in the budget on the financial assistance provided to air retary shall adjust on a pro rata basis the most recently approved as of the date of en- carriers and contractors under this subtitle, amount of the payments for each of the 50 actment of this section for the State or gov- including a description of any financial as- States determined under this subsection ernment; and sistance provided. without regard to this subparagraph to the ‘‘(3) were incurred during the period that (b) UPDATE.—Not later than the last day of extent necessary to comply with the require- begins on March 1, 2020, and ends on Decem- the 1-year period following the date of enact- ments of subparagraph (A). ber 30, 2020. ment of this Act, the Secretary shall update ‘‘(3) RELATIVE POPULATION PROPORTION ‘‘(e) CERTIFICATION.—In order to receive a and submit to the Committee on Transpor- AMOUNT.—For purposes of paragraph (1), the payment under this section, a unit of local tation and the Committee on Financial Serv- relative population proportion amount de- government shall provide the Secretary with ices and Infrastructure of the House of Rep- termined under this paragraph for a State a certification signed by the Chief Executive resentatives and the Committee on Com- for fiscal year 2020 is the product of— for the unit of local government that the merce, Science, and Transportation and the ‘‘(A) the amount appropriated under para- local government’s proposed uses of the Committee on Banking, Housing, and Urban graph (1) of subsection (a) for fiscal year 2020 funds are consistent with subsection (d). Affairs of the Senate the report described in that remains after the application of para- ‘‘(f) INSPECTOR GENERAL OVERSIGHT; subsection (a). graph (2) of that subsection; and RECOUPMENT.— SEC. 4119. COORDINATION. ‘‘(B) the relative State population propor- ‘‘(1) OVERSIGHT AUTHORITY.—The Inspector In implementing this subtitle the Sec- tion (as defined in paragraph (4)). General of the Department of the Treasury retary shall coordinate with the Secretary of ‘‘(4) RELATIVE STATE POPULATION PROPOR- shall conduct monitoring and oversight of Transportation. TION DEFINED.—For purposes of paragraph the receipt, disbursement, and use of funds SEC. 4120. DIRECT APPROPRIATION. (3)(B), the term ‘relative State population made available under this section. Notwithstanding any other provision of proportion’ means, with respect to a State, ‘‘(2) RECOUPMENT.—If the Inspector General law, there is appropriated, out of amounts in the quotient of— of the Department of the Treasury deter- the Treasury not otherwise appropriated, ‘‘(A) the population of the State; and mines that a State, Tribal government, or $32,000,000,000 to carry out this subtitle. ‘‘(B) the total population of all States (ex- unit of local government has failed to com- TITLE V—CORONAVIRUS RELIEF FUNDS cluding the District of Columbia and terri- ply with subsection (d), the amount equal to tories specified in subsection (a)(2)(A)). the amount of funds used in violation of such SEC. 5001. CORONAVIRUS RELIEF FUND. ‘‘(5) RELATIVE UNIT OF LOCAL GOVERNMENT subsection shall be booked as a debt of such (a) IN GENERAL.—The Social Security Act POPULATION PROPORTION AMOUNT.—For pur- entity owed to the Federal Government. (42 U.S.C. 301 et seq.) is amended by inserting poses of subsection (b)(2), the term ‘relative Amounts recovered under this subsection after title V the following: unit of local government population propor- shall be deposited into the general fund of ‘‘TITLE VI—CORONAVIRUS RELIEF FUND tion amount’ means, with respect to a unit the Treasury. ‘‘SEC. 601. CORONAVIRUS RELIEF FUND. of local government and a State, the amount ‘‘(3) APPROPRIATION.—Out of any money in ‘‘(a) APPROPRIATION.— equal to the product of— the Treasury of the United States not other- ‘‘(1) IN GENERAL.—Out of any money in the ‘‘(A) 45 percent of the amount of the pay- wise appropriated, there are appropriated to Treasury of the United States not otherwise ment determined for the State under this the Office of the Inspector General of the De- appropriated, there are appropriated for subsection (without regard to this para- partment of the Treasury, $35,000,000 to carry making payments to States, Tribal govern- graph); and out oversight and recoupment activities ments, and units of local government under ‘‘(B) the amount equal to the quotient of— under this subsection. Amounts appropriated this section, $150,000,000,000 for fiscal year ‘‘(i) the population of the unit of local gov- under the preceding sentence shall remain 2020. ernment; and available until expended. ‘‘(2) RESERVATION OF FUNDS.—Of the ‘‘(ii) the total population of the State in ‘‘(4) AUTHORITY OF INSPECTOR GENERAL.— amount appropriated under paragraph (1), which the unit of local government is lo- Nothing in this subsection shall be construed the Secretary shall reserve— cated. to diminish the authority of any Inspector ‘‘(A) $3,000,000,000 of such amount for mak- ‘‘(6) DISTRICT OF COLUMBIA AND TERRI- General, including such authority as pro- ing payments to the District of Columbia, TORIES.—The amount paid under this section vided in the Inspector General Act of 1978 (5 the Commonwealth of Puerto Rico, the for fiscal year 2020 to a State that is the Dis- U.S.C. App.). United States Virgin Islands, Guam, the trict of Columbia or a territory specified in ‘‘(g) DEFINITIONS.—In this section: Commonwealth of the Northern Mariana Is- subsection (a)(2)(A) shall be the amount ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ lands, and American Samoa; and equal to the product of— has the meaning given that term in section

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2125 4(e) of the Indian Self-Determination and DIVISION B—EMERGENCY APPROPRIA- tion Act, the Poultry Products Inspection Education Assistance Act (25 U.S.C. 5304(e)). TIONS FOR CORONAVIRUS HEALTH RE- Act, and the Egg Products Inspection Act: ‘‘(2) LOCAL GOVERNMENT.—The term ‘unit of SPONSE AND AGENCY OPERATIONS Provided, That such amount is designated by local government’ means a county, munici- The following sums are hereby are appro- the Congress as being for an emergency re- pality, town, township, village, parish, bor- priated, out of any money in the Treasury quirement pursuant to section 251(b)(2)(A)(i) ough, or other unit of general government not otherwise appropriated, for the fiscal of the Balanced Budget and Emergency Def- below the State level with a population that year ending September 30, 2020, and for other icit Control Act of 1985. exceeds 500,000. purposes, namely: FARM PRODUCTION AND CONSERVATION ‘‘(3) SECRETARY.—The term ‘Secretary’ TITLE I PROGRAMS means the Secretary of the Treasury. FARM SERVICE AGENCY ‘‘(4) STATE.—The term ‘State’ means the 50 AGRICULTURAL PROGRAMS States, the District of Columbia, the Com- OFFICE OF THE SECRETARY For an additional amount for ‘‘Salaries and Expenses’’, $3,000,000, to remain avail- monwealth of Puerto Rico, the United States For an additional amount for the ‘‘Office of able until September 30, 2021, to prevent, pre- Virgin Islands, Guam, the Commonwealth of the Secretary’’, $9,500,000,000, to remain pare for, and respond to coronavirus, domes- the Northern Mariana Islands, and American available until expended, to prevent, prepare tically or internationally, including nec- Samoa. for, and respond to coronavirus by providing essary expenses to hire temporary staff and ‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib- support for agricultural producers impacted overtime expenses: Provided, That such al government’ means the recognized gov- by coronavirus, including producers of spe- amount is designated by the Congress as erning body of an Indian Tribe.’’. cialty crops, producers that supply local food being for an emergency requirement pursu- (b) APPLICATION OF PROVISIONS.—Amounts systems, including farmers markets, res- ant to section 251(b)(2)(A)(i) of the Balanced appropriated for fiscal year 2020 under sec- taurants, and schools, and livestock pro- Budget and Emergency Deficit Control Act tion 601(a)(1) of the Social Security Act (as ducers, including dairy producers: Provided, of 1985. added by subsection (a)) shall be subject to That such amount is designated by the Con- the requirements contained in Public Law gress as being for an emergency requirement RURAL DEVELOPMENT PROGRAMS 116–94 for funds for programs authorized pursuant to section 251(b)(2)(A)(i) of the Bal- RURAL BUSINESS—COOPERATIVE SERVICE under sections 330 through 340 of the Public anced Budget and Emergency Deficit Control RURAL BUSINESS PROGRAM ACCOUNT Health Service Act (42 U.S.C. 254 through Act of 1985. For an additional amount for ‘‘Rural Busi- 256). OFFICE OF INSPECTOR GENERAL ness Program Account’’, $20,500,000, to re- TITLE VI—MISCELLANEOUS PROVISIONS For an additional amount for ‘‘Office of In- main available until September 30, 2021, to SEC. 6001. COVID–19 BORROWING AUTHORITY spector General’’, $750,000, to remain avail- prevent, prepare for, and respond to FOR THE UNITED STATES POSTAL able until September 30, 2021, to prevent, precoronavirus, for the cost of loans for rural SERVICE. pare for, and respond to coronavirus, domes- business development programs authorized (a) DEFINITIONS.—In this section— tically or internationally: Provided, That the by section 310B and described in subsection (1) the term ‘‘COVID–19 emergency’’ means funding made available under this heading in (g) of section 310B of the Consolidated Farm the emergency involving Federal primary re- this Act shall be used for conducting audits and Rural Development Act: Provided, That sponsibility determined to exist by the and investigations of projects and activities such amount is designated by the Congress President under section 501(b) of the Robert carried out with funds made available in this as being for an emergency requirement pur- T. Stafford Disaster Relief and Emergency Act to the Department of Agriculture to pre- suant to section 251(b)(2)(A)(i) of the Bal- Assistance Act (42 U.S.C. 5191(b)) with re- vent, prepare for, and respond to anced Budget and Emergency Deficit Control spect to the Coronavirus Disease 2019 coronavirus, domestically or internation- Act of 1985. (COVID–19); and ally: Provided further, That such amount is RURAL UTILITIES SERVICE (2) the term ‘‘Postal Service’’ means the designated by the Congress as being for an DISTANCE LEARNING, TELEMEDICINE, AND United States Postal Service. emergency requirement pursuant to section BROADBAND PROGRAM 251(b)(2)(A)(i) of the Balanced Budget and (b) ADDITIONAL BORROWING AUTHORITY.— For an additional amount for ‘‘Distance Emergency Deficit Control Act of 1985. Notwithstanding section 2005 of title 39, Learning, Telemedicine, and Broadband Pro- United States Code, or any other provision of ANIMAL AND PLANT HEALTH INSPECTION gram’’, $25,000,000, to remain available until law, if the Postal Service determines that, SERVICE expended, to prevent, prepare for, and re- due to the COVID–19 emergency, the Postal SALARIES AND EXPENSES spond to coronavirus, domestically or inter- Service will not be able to fund operating ex- For an additional amount for ‘‘Salaries nationally, for telemedicine and distance penses without borrowing money— and Expenses’’, $55,000,000, to remain avail- learning services in rural areas, as author- (1) the Postal Service may borrow money able until September 30, 2021, to prevent, pre- ized by 7 U.S.C. 950aaa et seq.: Provided, That from the Treasury in an amount not to ex- pare for, and respond to coronavirus, domes- such amount is designated by the Congress ceed $10,000,000,000— tically or internationally, including for nec- as being for an emergency requirement pur- (A) to be used for such operating expenses; essary expenses for salary costs associated suant to section 251(b)(2)(A)(i) of the Bal- and with the Agriculture Quarantine and Inspec- anced Budget and Emergency Deficit Control (B) which may not be used to pay any out- tion Program: Provided, That such amount Act of 1985. standing debt of the Postal Service; and is designated by the Congress as being for an DOMESTIC FOOD PROGRAMS (2) the Secretary of the Treasury may lend emergency requirement pursuant to section FOOD AND NUTRITION SERVICE up to the amount described in paragraph (1) 251(b)(2)(A)(i) of the Balanced Budget and CHILD NUTRITION PROGRAMS at the request of the Postal Service, upon Emergency Deficit Control Act of 1985. terms and conditions mutually agreed upon For an additional amount for ‘‘Child Nutri- AGRICULTURAL MARKETING SERVICE by the Secretary and the Postal Service. tion Programs’’, $8,800,000,000 to remain (c) PRIORITIZATION OF DELIVERY FOR MED- MARKETING SERVICES available until September 30, 2021, to pre- ICAL PURPOSES DURING COVID–19 EMER- For an additional amount for ‘‘Marketing vent, prepare for, and respond to GENCY.—Notwithstanding any other provi- Services’’, $45,000,000, to remain available coronavirus, domestically or internation- sion of law, during the COVID–19 emergency, until September 30, 2021, to prevent, prepare ally: Provided, That such amount is des- the Postal Service— for, and respond to coronavirus, domestically ignated by the Congress as being for an (1) shall prioritize delivery of postal prod- or internationally, including necessary ex- emergency requirement pursuant to section ucts for medical purposes; and penses for salary costs associated with com- 251(b)(2)(A)(i) of the Balanced Budget and (2) may establish temporary delivery modity grading, inspection, and audit activi- Emergency Deficit Control Act of 1985. points, in such form and manner as the Post- ties: Provided, That such amount is des- SUPPLEMENTAL NUTRITION ASSISTANCE al Service determines necessary, to protect ignated by the Congress as being for an PROGRAM emergency requirement pursuant to section employees of the Postal Service and individ- For an additional amount for ‘‘Supple- 251(b)(2)(A)(i) of the Balanced Budget and uals receiving deliveries from the Postal mental Nutrition Assistance Program’’, Emergency Deficit Control Act of 1985. Service. $15,810,000,000, to remain available until Sep- SEC. 6002. EMERGENCY DESIGNATION. FOOD SAFETY AND INSPECTION SERVICE tember 30, 2021, to prevent, prepare for, and (a) IN GENERAL.—The amounts provided For an additional amount for ‘‘Food Safety respond to coronavirus, domestically or under this division are designated as an and Inspection Service’’, $33,000,000, to re- internationally: Provided, That of the emergency requirement pursuant to section main available until September 30, 2021, to amount provided under this heading in this 4(g) of the Statutory Pay-As-You-Go Act of prevent, prepare for, and respond to Act, $15,510,000,000 shall be placed in a con- 2010 (2 U.S.C. 933(g)). coronavirus, domestically or internation- tingency reserve to be allocated as the Sec- (b) DESIGNATION IN SENATE.—In the Senate, ally, including for support of temporary and retary deems necessary to support participa- this division is designated as an emergency intermittent workers, relocation of inspection should cost or participation exceed requirement pursuant to section 4112(a) of H. tors, and, notwithstanding 21 U.S.C. 468, 695 budget estimates to prevent, prepare for, and Con. Res. 71 (115th Congress), the concurrent and 1053 and 7 U.S.C. 2219a, costs of overtime respond to coronavirus: Provided further, resolution on the budget for fiscal year 2018. inspectors under the Federal Meat Inspec- That of the amount provided under this

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2126 CONGRESSIONAL RECORD — SENATE March 25, 2020 heading in this Act, $100,000,000 shall be for GENERAL PROVISIONS—THIS TITLE TITLE II the food distribution program on Indian res- DEPARTMENT OF COMMERCE ervations program as authorized by Section (INCLUDING TRANSFER OF FUNDS) ECONOMIC DEVELOPMENT ADMINISTRATION 4(b) of the Food and Nutrition Act of 2008 (7 SEC. 11001. Of the funds made available to U.S.C. 2013) and Section 4(a) of the Agri- ECONOMIC DEVELOPMENT ASSISTANCE the Rural Development mission area in this PROGRAMS culture and Consumer Protection Act of 1973 title, and in addition to funds otherwise (INCLUDING TRANSFERS OF FUNDS) (7 U.S.C. 1431) to prevent, prepare for, and re- made available for such purpose, not more spond to coronavirus, of which $50,000,000 than 3 percent may be used for administra- Pursuant to section 703 of the Public shall be for facility improvements and equip- tive costs to carry out loan, loan guarantee Works and Economic Development Act (42 ment upgrades and of which $50,000,000 shall and grant activities funded in this title to U.S.C. 3233), for an additional amount for be for the costs relating to additional food prevent, prepare for, and respond to ‘‘Economic Development Assistance Pro- purchases: Provided further, That of the coronavirus, domestically or internation- grams’’, $1,500,000,000, to remain available amount provided under this heading in this ally: Provided, That such funds shall be until September 30, 2022, to prevent, prepare Act, $200,000,000 to remain available through transferred to, and merged with, the appro- for, and respond to coronavirus, domestically September 30, 2021, shall be available for the or internationally, including for necessary priation for ‘‘Rural Development, Salaries Secretary of Agriculture to provide grants to expenses for responding to economic injury and Expenses’’ and, once transferred, shall be the Commonwealth of the Northern Mariana as a result of coronavirus: Provided, That used only to prevent, prepare for, and re- Islands, Puerto Rico, and American Samoa such amount shall be for economic adjust- spond to coronavirus, domestically or inter- for nutrition assistance to prevent, prepare ment assistance as authorized by section 209 nationally: Provided further, that this trans- for, and respond to coronavirus, domestically of the Public Works and Economic Develop- or internationally: Provided further, That fer authority is in addition to any other ment Act of 1965 (42 U.S.C. 3149): Provided fur- such amount is designated by the Congress transfer authority provided by law. ther, That within the amount appropriated as being for an emergency requirement pur- COMMODITY CREDIT CORPORATION under this heading in this Act, up to 2 per- suant to section 251(b)(2)(A)(i) of the Bal- cent of funds may be transferred to the ‘‘Sal- anced Budget and Emergency Deficit Control REIMBURSEMENT OF PRESENT NET REALIZED aries and Expenses’’ account for administra- Act of 1985. LOSSES tion and oversight activities related to preventing, preparing for, and responding to COMMODITY ASSISTANCE PROGRAM SEC. 11002. Of the amounts provided in the coronavirus: Provided further, That the Sec- For an additional amount for ‘‘Commodity Further Consolidated Appropriations Act, retary of Commerce is authorized to appoint Assistance Program’’, $450,000,000, to remain 2020 (Public Law 116–94) under the heading and fix the compensation of such temporary available through September 30, 2021, to pre- ‘‘Commodity Credit Corporation Fund—Re- personnel as may be necessary to implement vent, prepare for, and respond to imbursement for Net Realized Losses’’, the requirements under this heading in this coronavirus, domestically or internation- $14,000,000,000, may be used, prior to the com- Act to prevent, prepare for, and respond to ally, for the emergency food assistance pro- pletion of the report described in 15 U.S.C. coronavirus, without regard to the provi- gram as authorized by section 27(a) of the 713a–11, to reimburse the Commodity Credit sions of title 5, United States Code, gov- Food and Nutrition Act of 2008 (7 U.S.C. Corporation for net realized losses sustained, erning appointments in competitive service: 2036(a)) and section 204(a)(1) of the Emer- but not previously reimbursed, as reflected Provided further, That the Secretary of Com- gency Food Assistance Act of 1983 (7 U.S.C. in the June 2020 report of its financial condi- merce is authorized to appoint such tem- 7508(a)(1)): Provided, That of the funds made tion: Provided, That such amount is des- porary personnel, after serving continuously available, the Secretary may use up to ignated by the Congress as being for an for 2 years, to positions in the Economic De- $150,000,000 for costs associated with the dis- emergency requirement pursuant to section velopment Administration in the same man- tribution of commodities: Provided further, 251(b)(2)(A)(i) of the Balanced Budget and ner that competitive service employees with That such amount is designated by the Con- Emergency Deficit Control Act of 1985. competitive status are considered for trans- gress as being for an emergency requirement SEC. 11003. The Secretary may extend the fer, reassignment, or promotion to such posi- pursuant to section 251(b)(2)(A)(i) of the Bal- term of a marketing assistance loan author- tions and an individual appointed under this anced Budget and Emergency Deficit Control provision shall become a career-conditional Act of 1985. ized by section 1201 of the Agricultural Act of 2014 (7 U.S.C. 9033) for any loan commodity employee, unless the employee has already FOREIGN ASSISTANCE AND RELATED to 12 months: Provided, That the authority completed the service requirements for ca- PROGRAMS made available pursuant to this section shall reer tenure: Provided further, That within the amount appropriated under this heading in FOREIGN AGRICULTURAL SERVICE expire on September 30, 2020: Provided further, That the amount provided by this sec- this Act, $3,000,000 shall be transferred to the SALARIES AND EXPENSES tion is designated by the Congress as being ‘‘Office of Inspector General’’ account for For an additional amount for ‘‘Salaries for an emergency requirement pursuant to carrying out investigations and audits re- and Expenses’’, $4,000,000, to remain avail- section 251(b)(2)(A)(i) of the Balanced Budget lated to the funding provided to prevent, pre- able until September 30, 2021, to prevent, pre- and Emergency Deficit Control Act of 1985. pare for, and respond to coronavirus under pare for, and respond to coronavirus, domes- this heading in this Act: Provided further, SEC. 11004. For an additional amount for tically or internationally, including nec- That such amount is designated by the Con- grants under the pilot program established essary expenses to relocate employees and gress as being for an emergency requirement their dependents back from overseas posts: under section 779 of Public Law 115–141, to pursuant to section 251(b)(2)(A)(i) of the Bal- Provided, That such amount is designated by prevent, prepare for, and respond to anced Budget and Emergency Deficit Control the Congress as being for an emergency re- coronavirus, $100,000,000, to remain available Act of 1985. until September 30, 2021: Provided, That at quirement pursuant to section 251(b)(2)(A)(i) NATIONAL INSTITUTE OF STANDARDS AND least 90 percent of the households to be of the Balanced Budget and Emergency Def- TECHNOLOGY icit Control Act of 1985. served by a project receiving a grant shall be in a rural area without sufficient access to SCIENTIFIC AND TECHNICAL RESEARCH AND RELATED AGENCIES AND FOOD AND broadband: Provided further, That for pur- SERVICES DRUG ADMINISTRATION poses of such pilot program, a rural area For an additional amount for ‘‘Scientific DEPARTMENT OF HEALTH AND HUMAN without sufficient access to broadband shall and Technical Research and Services’’, SERVICES be defined as 10 Mbps downstream and 1 $6,000,000, to remain available until Sep- Mbps upstream, and such definition shall be tember, 30, 2021, to prevent, prepare for, and FOOD AND DRUG ADMINISTRATION reevaluated and redefined, as necessary, on respond to coronavirus, domestically or SALARIES AND EXPENSES an annual basis by the Secretary of Agri- internationally, by supporting continuity of operations, including measurement science For an additional amount for ‘‘Salaries culture: Provided further, That an entity to to support viral testing and biomanufac- and Expenses’’, $80,000,000, to remain avail- which a grant is made under the pilot pro- turing: Provided, That such amount is des- able until expended, to prevent, prepare for, gram shall not use a grant to overbuild or ignated by the Congress as being for an and respond to coronavirus, domestically or duplicate broadband expansion efforts made emergency requirement pursuant to section internationally, including funds for the de- by any entity that has received a broadband 251(b)(2)(A)(i) of the Balanced Budget and velopment of necessary medical counter- loan from the Rural Utilities Service: Pro- Emergency Deficit Control Act of 1985. measures and vaccines, advanced manufac- vided further, That priority consideration for turing for medical products, the monitoring grants shall be given to previous applicants INDUSTRIAL TECHNOLOGY SERVICES of medical product supply chains, and re- now eligible as a result of adjusted eligi- For an additional amount for ‘‘Industrial lated administrative activities: Provided, bility requirements: Provided further, That Technology Services’’, $60,000,000, to remain That such amount is designated by the Con- such amount is designated by the Congress available until September 30, 2021, to pre- gress as being for an emergency requirement as being for an emergency requirement pur- vent, prepare for, and respond to pursuant to section 251(b)(2)(A)(i) of the Bal- suant to section 251(b)(2)(A)(i) of the Bal- coronavirus, domestically or internation- anced Budget and Emergency Deficit Control anced Budget and Emergency Deficit Control ally: Provided, That of the amount provided Act of 1985. Act of 1985. under this heading in this Act, $50,000,000

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2127 shall be for the Hollings Manufacturing Ex- and respond to coronavirus, domestically or SCIENCE tension Partnership to assist manufacturers internationally, including the impact of NATIONAL AERONAUTICS AND SPACE to prevent, prepare for, and respond to coronavirus on the work of the Department ADMINISTRATION coronavirus and $10,000,000 shall be for the of Justice: Provided, That such amount is SAFETY, SECURITY AND MISSION SERVICES National Network for Manufacturing Innova- designated by the Congress as being for an For an additional amount for ‘‘Safety, Se- tion (also known as ‘‘Manufacturing USA’’) emergency requirement pursuant to section curity and Mission Services’’, $60,000,000, to to prevent, prepare for, and respond to 251(b)(2)(A)(i) of the Balanced Budget and remain available until September 30, 2021, to coronavirus, including to support develop- Emergency Deficit Control Act of 1985. prevent, prepare for, and respond to ment and manufacturing of medical counter- FEDERAL BUREAU OF INVESTIGATION coronavirus, domestically or internation- measures and biomedical equipment and sup- ally: Provided, That such amount is des- plies: Provided further, That none of the funds SALARIES AND EXPENSES ignated by the Congress as being for an provided under this heading in this Act shall For an additional amount for ‘‘Federal Bu- emergency requirement pursuant to section be subject to cost share requirements under reau of Investigation, Salaries and Ex- 251(b)(2)(A)(i) of the Balanced Budget and 15 U.S.C. 278k(e)(2) or 15 U.S.C. 278s(e)(7)(A): penses’’, $20,000,000, to prevent, prepare for, Emergency Deficit Control Act of 1985. Provided further, That such amount is des- and respond to coronavirus, domestically or NATIONAL SCIENCE FOUNDATION ignated by the Congress as being for an internationally, including the impact of RESEARCH AND RELATED ACTIVITIES emergency requirement pursuant to section coronavirus on the work of the Department 251(b)(2)(A)(i) of the Balanced Budget and of Justice: Provided, That such amount is For an additional amount for ‘‘Research Emergency Deficit Control Act of 1985. designated by the Congress as being for an and Related Activities’’, $75,000,000, to re- NATIONAL OCEANIC AND ATMOSPHERIC emergency requirement pursuant to section main available until September 30, 2021, to ADMINISTRATION 251(b)(2)(A)(i) of the Balanced Budget and prevent, prepare for, and respond to coronavirus, domestically or internation- OPERATIONS, RESEARCH, AND FACILITIES Emergency Deficit Control Act of 1985. ally, including to fund research grants and For an additional amount for ‘‘Operations, DRUG ENFORCEMENT ADMINISTRATION other necessary expenses: Provided, That Research, and Facilities’’, $20,000,000, to re- SALARIES AND EXPENSES such amount is designated by the Congress main available until September, 30, 2021, to as being for an emergency requirement pur- For an additional amount for ‘‘Drug En- prevent, prepare for, and respond to suant to section 251(b)(2)(A)(i) of the Bal- forcement Administration, Salaries and Ex- coronavirus, domestically or internation- anced Budget and Emergency Deficit Control penses’’, $15,000,000, to prevent, prepare for, ally, by supporting continuity of operations, Act of 1985. including National Weather Service life and and respond to coronavirus, domestically or AGENCY OPERATIONS AND AWARD MANAGEMENT property related operations: Provided, That internationally, including the impact of such amount is designated by the Congress coronavirus on the work of the Department For an additional amount for ‘‘Agency Op- as being for an emergency requirement pur- of Justice: Provided, That such amount is erations and Award Management’’, $1,000,000, suant to section 251(b)(2)(A)(i) of the Bal- designated by the Congress as being for an to prevent, prepare for, and respond to anced Budget and Emergency Deficit Control emergency requirement pursuant to section coronavirus, domestically or internation- Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and ally, including to administer research grants Emergency Deficit Control Act of 1985. and other necessary expenses: Provided, That DEPARTMENT OF JUSTICE such amount is designated by the Congress GENERAL ADMINISTRATION FEDERAL PRISON SYSTEM as being for an emergency requirement pur- JUSTICE INFORMATION SHARING TECHNOLOGY SALARIES AND EXPENSES suant to section 251(b)(2)(A)(i) of the Bal- For an additional amount for ‘‘Justice In- For an additional amount for ‘‘Federal anced Budget and Emergency Deficit Control formation Sharing Technology’’, $2,000,000, Prison System, Salaries and Expenses’’, Act of 1985. to remain available until expended, to pre- $100,000,000, to prevent, prepare for, and re- RELATED AGENCIES vent, prepare for, and respond to spond to coronavirus, domestically or inter- LEGAL SERVICES CORPORATION coronavirus, domestically or internation- nationally, including the impact of PAYMENT TO THE LEGAL SERVICES ally, including the impact of coronavirus on coronavirus on the work of the Department CORPORATION the work of the Department of Justice: Pro- of Justice: Provided, That such amount is For an additional amount for ‘‘Payment to vided, That such amount is designated by the designated by the Congress as being for an the Legal Services Corporation’’, $50,000,000, Congress as being for an emergency require- emergency requirement pursuant to section to prevent, prepare for, and respond to ment pursuant to section 251(b)(2)(A)(i) of 251(b)(2)(A)(i) of the Balanced Budget and coronavirus, domestically or internation- the Balanced Budget and Emergency Deficit Emergency Deficit Control Act of 1985. ally: Provided, That none of the funds appro- Control Act of 1985. STATE AND LOCAL LAW ENFORCEMENT priated under this heading in this Act to the OFFICE OF INSPECTOR GENERAL ACTIVITIES Legal Services Corporation shall be expended For an additional amount for ‘‘Office of In- for any purpose prohibited or limited by, or OFFICE OF JUSTICE PROGRAMS spector General’’, $2,000,000, to remain avail- contrary to any of the provisions of, sections able until expended to prevent, prepare for, STATE AND LOCAL LAW ENFORCEMENT 501, 502, 503, 504, 505, and 506 of Public Law and respond to coronavirus, domestically or ASSISTANCE 105–119, and all funds appropriated in this internationally, including the impact of For an additional amount for ‘‘State and Act to the Legal Services Corporation shall coronavirus on the work of the Department Local Law Enforcement Assistance’’, be subject to the same terms and conditions of Justice and to carry out investigations $850,000,000, to remain available until ex- set forth in such sections, except that all ref- and audits related to the funding made avail- pended, to prevent, prepare for, and respond erences in sections 502 and 503 to 1997 and able for the Department of Justice in this to coronavirus, domestically or internation- 1998 shall be deemed to refer instead to 2019 Act: Provided, That such amount is des- ally, to be awarded pursuant to the formula and 2020, respectively, and except that sec- ignated by the Congress as being for an allocation (adjusted in proportion to the rel- tions 501 and 503 of Public Law 104–134 (ref- emergency requirement pursuant to section ative amounts statutorily designated there- erenced by Public Law 105–119) shall not 251(b)(2)(A)(i) of the Balanced Budget and for) that was used in fiscal year 2019 for the apply to the amount made available under Emergency Deficit Control Act of 1985. Edward Byrne Memorial Justice Assistance this heading: Provided further, That for the LEGAL ACTIVITIES Grant program as authorized by subpart 1 of purposes of this Act, the Legal Services Cor- poration shall be considered an agency of the SALARIES AND EXPENSES, UNITED STATES part E of title I of the Omnibus Crime Con- United States Government: Provided further, ATTORNEYS trol and Safe Streets Acts of 1968 (‘‘1968 That such amount is designated by the Con- For an additional amount for ‘‘Salaries Act’’): Provided, That the allocation provisions under sections 505(a) through (e) and gress as being for an emergency requirement and Expenses, United States Attorneys’’, pursuant to section 251(b)(2)(A)(i) of the Bal- $3,000,000, to prevent, prepare for, and re- the special rules for Puerto Rico under section 505(g), and section 1001(c), of the 1968 anced Budget and Emergency Deficit Control spond to coronavirus, domestically or inter- Act of 1985. nationally, including the impact of Act, shall not apply to the amount provided GENERAL PROVISIONS—THIS TITLE coronavirus on the work of the Department under this heading in this Act: Provided fur- of Justice: Provided, That such amount is ther, That awards hereunder, shall not be SEC. 12001. Amounts provided by the Con- designated by the Congress as being for an subject to restrictions or special conditions solidated Appropriations Act, 2020, (Public emergency requirement pursuant to section that are the same as (or substantially simi- Law 116–93) for the Hollings Manufacturing 251(b)(2)(A)(i) of the Balanced Budget and lar to) those, imposed on awards under such Extension Partnership under the heading Emergency Deficit Control Act of 1985. subpart in fiscal year 2018, that forbid inter- ‘‘National Institute of Standards and Tech- ference with Federal law enforcement: Pro- nology—Industrial Technology Services’’ UNITED STATES MARSHALS SERVICE vided further, That such amount is des- shall not be subject to cost share require- SALARIES AND EXPENSES ignated by the Congress as being for an ments under 15 U.S.C. 278k(e)(2): Provided, For an additional amount for ‘‘United emergency requirement pursuant to section That the authority made available pursuant States Marshals Service, Salaries and Ex- 251(b)(2)(A)(i) of the Balanced Budget and to this section shall be elective for any Man- penses’’, $15,000,000, to prevent, prepare for, Emergency Deficit Control Act of 1985. ufacturing Extension Partnership Center

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that also receives funding from a State that (1) IN GENERAL.—During the covered emer- (h) DEFINITIONS.—In this section: is conditioned upon the application of a Fed- gency period, if the Attorney General finds (1) DIRECTOR.—The term ‘‘Director’’ means eral cost sharing requirement. that emergency conditions will materially the Under Secretary of Commerce for Intel- SEC. 12002. (a) Funds appropriated in this affect the functioning of the Bureau, the Di- lectual Property and Director of the United title for the National Science Foundation rector of the Bureau shall promulgate rules States Patent and Trademark Office. may be made available to restore amounts, regarding the ability of inmates to conduct (2) TRADEMARK ACT.—The term ‘‘Trade- either directly or through reimbursement, visitation through video teleconferencing mark Act’’ means the Act entitled ‘‘An Act for obligations incurred by the National and telephonically, free of charge to in- to provide for the registration and protec- Science Foundation for research grants and mates, during the covered emergency period. tion of trademarks used in commerce, to other necessary expenses to prevent, prepare (2) EXEMPTION FROM NOTICE-AND-COMMENT carry out the provisions of certain inter- for, and respond to coronavirus, domestically RULEMAKING REQUIREMENTS.—Section 553 of national conventions, and for other pur- or internationally, prior to the date of enact- title 5, United States Code, shall not apply poses’’, approved July 5, 1946 (15 U.S.C. 1051 ment of this Act. to the promulgation of rules under para- et seq.). (b) Grants or cooperative agreements made graph (1) of this subsection. (i) EMERGENCY REQUIREMENT.—The amount by the National Science Foundation under (d) EMERGENCY REQUIREMENT.—The provided by this section is designated by the this title, to carry out research grants and amount provided by this section is des- Congress as being for an emergency require- other necessary expenses to prevent, prepare ignated by the Congress as being for an ment pursuant to section 251(b)(2)(A)(i) of for, and respond to coronavirus, domestically emergency requirement pursuant to section the Balanced Budget and Emergency Deficit or internationally, shall include amounts to 251(b)(2)(A)(i) of the Balanced Budget and Control Act of 1985. reimburse costs for these purposes incurred Emergency Deficit Control Act of 1985. ASSISTANCE TO FISHERY PARTICIPANTS between January 20, 2020, and the date of TEMPORARY AUTHORITY OF DIRECTOR OF THE SEC. 12005. (a) IN GENERAL.—The Secretary issuance of such grants or agreements. USPTO DURING THE COVID–19 EMERGENCY. of Commerce is authorized to provide assist- BUREAU OF PRISONS SEC. 12004. (a) IN GENERAL.—During the ance to Tribal, subsistence, commercial, and SEC. 12003. (a) DEFINITIONS.—In this sec- emergency period described in subsection (e), charter fishery participants affected by the tion— the Director may toll, waive, adjust, or mod- novel coronavirus (COVID–19), which may in- (1) the term ‘‘Bureau’’ means the Bureau of ify, any timing deadline established by title clude direct relief payments. Prisons; 35, United States Code, the Trademark Act, (b) FISHERY PARTICIPANTS.—For the pur- (2) the term ‘‘covered emergency period’’ section 18 of the Leahy-Smith America In- poses of this section, ‘‘fishery participants’’ means the period beginning on the date on vents Act (35 U.S.C. 321 note), or regulations include Tribes, persons, fishing commu- which the President declared a national promulgated thereunder, in effect during nities, aquaculture businesses not otherwise emergency under the National Emergencies such period, if the Director determines that eligible for assistance under part 1416 of title Act (50 U.S.C. 1601 et seq.) with respect to the emergency related to such period— 7 of the Code of Federal Regulations for the Coronavirus Disease 2019 (COVID–19) and (1) materially affects the functioning of losses related to COVID–19, processors, or ending on the date that is 30 days after the the Patent and Trademark Office; other fishery-related businesses, who have date on which the national emergency dec- (2) prejudices the rights of applicants, reg- incurred, as a direct or indirect result of the laration terminates; and istrants, patent owners, or others appearing coronavirus pandemic— (3) the term ‘‘Secretary’’ means the Sec- before the Office; or (1) economic revenue losses greater than 35 retary of Health and Human Services. (3) prevents applicants, registrants, patent percent as compared to the prior 5-year aver- (b) SUPPLY OF PERSONAL PROTECTIVE owners, or others appearing before the Office age revenue; or EQUIPMENT AND TEST KITS TO BUREAU OF from filing a document or fee with the Of- (2) any negative impacts to subsistence, PRISONS; HOME CONFINEMENT AUTHORITY.— fice. cultural, or ceremonial fisheries. (1) PERSONAL PROTECTIVE EQUIPMENT AND (b) PUBLIC NOTICE.—If the Director deter- (c) ROLLING BASIS.—Funds may be awarded TEST KITS.— mines that tolling, waiving, adjusting, or under this section on a rolling basis, and (A) FINDINGS.—Congress finds the fol- modifying a timing deadline under sub- within a fishing season, to ensure rapid de- lowing: section (a) is appropriate, the Director shall livery of funds during the COVID–19 pan- (i) There is an urgent need for personal publish publicly a notice to such effect. demic. protective equipment and test kits to the (c) STATEMENT REQUIRED.—Not later than Bureau based on the density of the inmate 20 days after the Director tolls, waives, ad- (d) APPROPRIATIONS.—In addition to funds population, the high traffic, the high volume justs, or modifies a timing deadline under that are otherwise made available to assist of inmates, the high rate of turnover of in- subsection (a) and such toll, waiver, adjust- fishery participants under this Act, there are mates and personnel, and the number of ment, or modification is in effect for a con- authorized to be appropriated, and there are high-security areas, within the facilities of secutive or cumulative period exceeding 120 appropriated, $300,000,000, to remain avail- the Bureau. days, the Director shall submit to Congress a able until September 30, 2021, to carry out (ii) The inability of the Bureau to secure statement describing the action taken, rel- this section, of which up to 2 percent may be the purchase of infectious disease personal evant background, and rationale for the pe- used for administration and oversight activi- protective equipment and related supplies riod of tolling, waiver, adjustment, or modi- ties. now and in the future is a vulnerability. fication. (e) EMERGENCY REQUIREMENT.—The amount (iii) The Bureau is currently competing in (d) OTHER LAWS.—Notwithstanding section provided by this section is designated by the and engaging the same landscape of vendors 301 of the National Emergencies Act (50 Congress as being for an emergency require- as all other Federal agencies and private en- U.S.C. 1631), the authority of the Director ment pursuant to section 251(b)(2)(A)(i) of tities. under subsection (a) is not contingent on a the Balanced Budget and Emergency Deficit (iv) The ability of the Bureau to purchase specification made by the President under Control Act of 1985. needed equipment and supplies is currently such section or any other requirement under TITLE III subject to an individual manufacturer’s spe- that Act (other than the emergency declara- DEPARTMENT OF DEFENSE cific recognition of the Bureau as a priority tion under section 201(a) of such Act (50 and subsequent allocation of the inventory U.S.C. 1621(a))). The authority described in MILITARY PERSONNEL of the manufacturer to the Bureau. this section supersedes the authority of title NATIONAL GUARD PERSONNEL, ARMY (B) CONSIDERATION.—The Secretary shall II of the National Emergencies Act (50 U.S.C. For an additional amount for ‘‘National appropriately consider, relative to other pri- 1621 et seq.). Guard Personnel, Army’’, $746,591,000, to pre- orities of the Department of Health and (e) EMERGENCY PERIOD.—The emergency vent, prepare for, and respond to Human Services for high-risk and high-need period described in this subsection includes coronavirus, domestically or internation- populations, the distribution of infectious the duration of the portion of the emergency ally: Provided, That such amount is des- disease personal protective equipment and declared by the President pursuant to the ignated by the Congress as being for an COVID–19 test kits to the Bureau for use by National Emergencies Act on March 13, 2020, emergency requirement pursuant to section inmates and personnel of the Bureau. as a result of the COVID–19 outbreak (and 251(b)(2)(A)(i) of the Balanced Budget and (2) HOME CONFINEMENT AUTHORITY.—During any renewal thereof) beginning on or after Emergency Deficit Control Act of 1985. the covered emergency period, if the Attor- the date of the enactment of this section and ney General finds that emergency conditions the 60 day period following such duration. NATIONAL GUARD PERSONNEL, AIR FORCE will materially affect the functioning of the (f) RULE OF CONSTRUCTION.—Nothing in this For an additional amount for ‘‘National Bureau, the Director of the Bureau may section may be construed as limiting other Guard Personnel, Air Force’’, $482,125,000, to lengthen the maximum amount of time for statutory authorities the Director may have prevent, prepare for, and respond to which the Director is authorized to place a to grant relief regarding filings or deadlines. coronavirus, domestically or internation- prisoner in home confinement under the first (g) SUNSET.—Notwithstanding subsection ally: Provided, That such amount is des- sentence of section 3624(c)(2) of title 18, (a), the authorities provided under this sec- ignated by the Congress as being for an United States Code, as the Director deter- tion shall expire upon the expiration of the emergency requirement pursuant to section mines appropriate. 2-year period after the date of the enactment 251(b)(2)(A)(i) of the Balanced Budget and (c) VIDEO VISITATION.— of this section. Emergency Deficit Control Act of 1985.

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2129 OPERATION AND MAINTENANCE PROCUREMENT and Indian tribal governments, to be merged OPERATION AND MAINTENANCE, ARMY DEFENSE PRODUCTION ACT PURCHASES with and to be available for the same pur- For an additional amount for ‘‘Operation For an additional amount for ‘‘Defense poses, and for the same time period, as the and Maintenance, Army’’, $160,300,000, to pre- Production Act Purchases’’, $1,000,000,000, to appropriation or fund to which transferred: vent, prepare for, and respond to remain available until expended, to prevent, Provided, That upon a determination that all coronavirus, domestically or internation- prepare for, and respond to coronavirus, do- or part of the funds transferred pursuant to ally: Provided, That such amount is des- mestically or internationally: Provided, That this section that are not necessary for the ignated by the Congress as being for an for the two-year period beginning with the purposes provided herein, such funds shall be emergency requirement pursuant to section date of enactment of this Act, the require- transferred back to the original appropria- 251(b)(2)(A)(i) of the Balanced Budget and ments described in Section 301(a)(3)(A) and tion: Provided further, That the transfer au- Emergency Deficit Control Act of 1985. 302(c)(1) of Public Law 81–774, shall be thority provided by this section is in addition to any other transfer authority provided OPERATION AND MAINTENANCE, NAVY waived: Provided further, That such amount is designated by the Congress as being for an by law. For an additional amount for ‘‘Operation SEC. 13002. For an additional amount for emergency requirement pursuant to section and Maintenance, Navy’’, $360,308,000, to pre- ‘‘Defense Health Program’’, $1,095,500,000, 251(b)(2)(A)(i) of the Balanced Budget and vent, prepare for, and respond to which shall be for operation and mainte- Emergency Deficit Control Act of 1985. coronavirus, domestically or internation- nance, and of which $1,095,500,000 may be ally: Provided, That such amount is des- REVOLVING AND MANAGEMENT FUNDS available for contracts entered into under ignated by the Congress as being for an DEFENSE WORKING CAPITAL FUNDS the TRICARE program: Provided, That, not- emergency requirement pursuant to section For an additional amount for ‘‘Defense withstanding that one percent of funding for 251(b)(2)(A)(i) of the Balanced Budget and Working Capital Funds’’, $1,450,000,000, to operation and maintenance under this head- Emergency Deficit Control Act of 1985. prevent, position, prepare for, and respond to ing in Public Law 116–93 shall remain avail- OPERATION AND MAINTENANCE, MARINE CORPS coronavirus, domestically or internation- able for obligation until September 30, 2021, For an additional amount for ‘‘Operation ally: Provided, That of the amount provided funding for operation and maintenance made and Maintenance, Marine Corps’’, $90,000,000, under this heading in this Act, $475,000,000 available under this heading in this section to prevent, prepare for, and respond to shall be for the Navy Working Capital Fund, shall only be available through September coronavirus, domestically or internation- $475,000,000 shall be for the Air Force Work- 30, 2020: Provided further, That such amount ally: Provided, That such amount is des- ing Capital Fund, and $500,000,000 shall be for is designated by the Congress as being for an ignated by the Congress as being for an the Defense-Wide Working Capital Fund: emergency requirement pursuant to section emergency requirement pursuant to section Provided further, That such amount is des- 251(b)(2)(A)(i) of the Balanced Budget and 251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as being for an Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985. emergency requirement pursuant to section SEC. 13003. (a) Notwithstanding section 251(b)(2)(A)(i) of the Balanced Budget and 2208(l)(3) of title 10, United States Code, dur- OPERATION AND MAINTENANCE, AIR FORCE Emergency Deficit Control Act of 1985. ing fiscal year 2020, the total amount of the For an additional amount for ‘‘Operation OTHER DEPARTMENT OF DEFENSE advance billings rendered or imposed for all and Maintenance, Air Force’’, $155,000,000, to PROGRAMS working-capital funds of the Department of prevent, prepare for, and respond to Defense may exceed the amount otherwise DEFENSE HEALTH PROGRAM coronavirus, domestically or internation- specified in such section. ally: Provided, That such amount is des- For an additional amount for ‘‘Defense (b) In this section, the term ‘‘advance bill- ignated by the Congress as being for an Health Program’’, $3,805,600,000, of which ing’’ has the meaning given that term in sec- emergency requirement pursuant to section $3,390,600,000 shall be for operation and main- tion 2208(l)(4) of title 10, United States Code. 251(b)(2)(A)(i) of the Balanced Budget and tenance, and $415,000,000 shall be for re- SEC. 13004. (a) Section 2326(b)(3) of title 10, Emergency Deficit Control Act of 1985. search, development, test and evaluation, to United States Code, shall not apply to any OPERATION AND MAINTENANCE, ARMY remain available until September 30, 2021, to undefinitized contract action of the Depart- RESERVE prevent, prepare for, and respond to ment of Defense related to the national coronavirus, domestically or internation- For an additional amount for ‘‘Operation emergency for the Coronavirus Disease 2019 ally: Provided, That, notwithstanding that and Maintenance, Army Reserve’’, (COVID–19). one percent of funding for operation and $48,000,000, to prevent, prepare for, and re- (b) In this section, the term ‘‘undefinitized maintenance under this heading in Public spond to coronavirus, domestically or inter- contract action’’ has the meaning given that Law 116–93 shall remain available for obliga- nationally: Provided, That such amount is term in section 2326(j)(6) of title 10, United tion until September 30, 2021, funding for op- designated by the Congress as being for an States Code. eration and maintenance made available SEC. 13005. (a) The head of an agency may emergency requirement pursuant to section under this heading in this Act shall only be waive the provisions of section 2326(b) of 251(b)(2)(A)(i) of the Balanced Budget and available through September 30, 2020: Pro- title 10, United States Code, with respect to Emergency Deficit Control Act of 1985. vided further, That such amount is des- a contract of such agency if the head of the OPERATION AND MAINTENANCE, ARMY ignated by the Congress as being for an agency determines that the waiver is nec- NATIONAL GUARD emergency requirement pursuant to section essary due to the national emergency for the For an additional amount for ‘‘Operation 251(b)(2)(A)(i) of the Balanced Budget and Coronavirus Disease 2019 (COVID–19). and Maintenance, Army National Guard’’, Emergency Deficit Control Act of 1985. (b) In this section, the term ‘‘head of an $186,696,000, to prevent, prepare for, and re- OFFICE OF THE INSPECTOR GENERAL agency’’ has the meaning given that term in spond to coronavirus, domestically or inter- For an additional amount for ‘‘Office of the section 2302(2) of title 10, United States Code. nationally: Provided, That such amount is SEC. 13006. (a) Notwithstanding paragraph Inspector General’’, $20,000,000, to prevent, designated by the Congress as being for an (3) of section 2371b(a) of title 10, United prepare for, and respond to coronavirus, do- emergency requirement pursuant to section States Code, the authority of a senior pro- mestically or internationally: Provided, That 251(b)(2)(A)(i) of the Balanced Budget and curement executive or director of the De- the funding made available under this head- Emergency Deficit Control Act of 1985. fense Advanced Research Projects Agency or ing in this Act shall be used for conducting Missile Defense Agency under paragraph OPERATION AND MAINTENANCE, AIR NATIONAL audits and investigations of projects and ac- (2)(A) of such section, and the authority of GUARD tivities carried out with funds made avail- the Under Secretaries of Defense under para- For an additional amount for ‘‘Operation able in this Act to the Department of De- graph (2)(B) of such section, for any trans- and Maintenance, Air National Guard’’, fense to prevent, prepare for, and respond to action related to the national emergency for $75,754,000, to prevent, prepare for, and re- coronavirus, domestically or internation- the Coronavirus Disease 2019 (COVID–19) may spond to coronavirus, domestically or inter- ally: Provided further, That such amount is be delegated to such officials in the Depart- nationally: Provided, That such amount is designated by the Congress as being for an ment of Defense as the Secretary of Defense designated by the Congress as being for an emergency requirement pursuant to section shall specify for purposes of this section. emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and (b)(1) Notwithstanding clause (ii) of section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 2371b(a)(2)(B) of title 10, United States Code, Emergency Deficit Control Act of 1985. GENERAL PROVISIONS—THIS TITLE no advance notice to Congress is required OPERATION AND MAINTENANCE, DEFENSE-WIDE SEC. 13001. Funds appropriated by this title under that clause for transitions described in For an additional amount for ‘‘Operation may be transferred to, and merged with, that section that are related to the national and Maintenance, Defense-Wide’’, other applicable appropriations of the De- emergency for the Coronavirus Disease 2019 $827,800,000, to prevent, prepare for, and re- partment of Defense, except for ‘‘Drug Inter- (COVID–19). spond to coronavirus, domestically or inter- diction and Counter-Drug Activities, De- (2) In the event a transaction covered by nationally: Provided, That such amount is fense’’, for expenses incurred in preventing, paragraph (1) is carried out, the Under Sec- designated by the Congress as being for an preparing for, or responding to coronavirus, retary of Defense for Research and Engineer- emergency requirement pursuant to section including expenses of the Department of De- ing or the Under Secretary of Defense for Ac- 251(b)(2)(A)(i) of the Balanced Budget and fense incurred in support of other Federal quisition and Sustainment, as applicable, Emergency Deficit Control Act of 1985. Departments and agencies, and State, local, shall submit to the congressional defense

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2130 CONGRESSIONAL RECORD — SENATE March 25, 2020 committees a notice on the carrying out of ignated by the Congress as being for an INDEPENDENT AGENCIES such transaction as soon as is practicable emergency requirement pursuant to section NUCLEAR REGULATORY COMMISSION after the commencement of the carrying out 251(b)(2)(A)(i) of the Balanced Budget and of such transaction. Emergency Deficit Control Act of 1985. SALARIES AND EXPENSES (3) In this subsection, the term ‘‘congres- EXPENSES sional defense committees’’ has the meaning For an additional amount for ‘‘Salaries For an additional amount for ‘‘Expenses’’, and Expenses’’, $3,300,000, to remain avail- given such term in section 101(a)(16) of title $20,000,000, to remain available until Sep- 10, United States Code. able until September 30, 2021, to prevent, pre- tember 30, 2021, to prevent, prepare for, and pare for, and respond to coronavirus, domes- SEC. 13007. (a) The President may extend respond to coronavirus, domestically or the appointment of the Chief of Army Re- tically or internationally: Provided, That, internationally: Provided, That such amount notwithstanding 42 U.S.C. 2214, such amount serve as prescribed in section 7038(c) of title is designated by the Congress as being for an 10, United States Code, for the incumbent in shall not be derived from fee revenue: Pro- emergency requirement pursuant to section vided further, That such amount is des- that position as of the date of the enactment 251(b)(2)(A)(i) of the Balanced Budget and of this Act until the date of the appointment ignated by the Congress as being for an Emergency Deficit Control Act of 1985. emergency requirement pursuant to section of the successor to such incumbent, notwith- DEPARTMENT OF THE INTERIOR standing any limitation otherwise imposed 251(b)(2)(A)(i) of the Balanced Budget and BUREAU OF RECLAMATION on such term by such section 7038(c). Emergency Deficit Control Act of 1985. WATER AND RELATED RESOURCES (b) The President may extend the appoint- GENERAL PROVISIONS—THIS TITLE ment of the Chief of Navy Reserve as pre- (INCLUDING TRANSFER OF FUNDS) scribed in section 8083(c) of title 10, United For an additional amount for ‘‘Water and SEC. 14001. Funds appropriated in this title States Code, for the incumbent in that posi- Related Resources’’, $12,500,000, to remain may be made available to restore amounts, tion as of the date of the enactment of this available until September 30, 2021, to pre- either directly or through reimbursement, Act until the date of the appointment of the vent, prepare for, and respond to for obligations incurred to prevent, prepare successor to such incumbent, notwith- coronavirus, domestically or internation- for, and respond to coronavirus prior to the standing any limitation otherwise imposed ally: Provided, That $500,000 of the funds pro- date of enactment of this Act. on such term by such section 8083(c). vided under this heading in this Act shall be SEC. 14002. (a) Section 404 of the Bipartisan (c) The President may extend the appoint- transferred to the ‘‘Central Utah Project Budget Act of 2015 (42 U.S.C. 6239 note) is ment of the Chief of Staff of the Air Force Completion Account’’ to prevent, prepare amended— prescribed in section 9033(a)(1) of title 10, for, and respond to coronavirus: Provided fur- (1) in subsection (e), by striking ‘‘2020’’ and United States Code, for the incumbent in ther, That such amount is designated by the inserting ‘‘2022’’; and that position as of the date of the enactment Congress as being for an emergency require- (2) in subsection (g), by striking ‘‘2020’’ and of this Act until the date of the appointment ment pursuant to section 251(b)(2)(A)(i) of inserting ‘‘2022’’. of the successor to such incumbent, notwith- the Balanced Budget and Emergency Deficit (b) Title III of division C of the Further standing any limitation otherwise imposed Control Act of 1985. Consolidated Appropriations Act, 2020 (Pub- on such term by such section 9033(a)(1). POLICY AND ADMINISTRATION lic Law 116–94) is amended in the matter (d) The President may extend the appoint- For an additional amount for ‘‘Policy and under the heading ‘‘Department of Energy— ment of the Chief of Space Operations, as Administration’’, $8,100,000, to remain avail- Energy Programs—Strategic Petroleum Re- prescribed in section 9082(a)(2) of title 10, able until September 30, 2021, to prevent, preserve’’ by striking the three provisos before United States Code, for the incumbent in pare for, and respond to coronavirus, domes- the final period and inserting the following: that position as of the date of the enactment tically or internationally: Provided, That ‘‘ Provided, That, as authorized by section of this Act until the date of the appointment such amount is designated by the Congress 404 of the Bipartisan Budget Act of 2015 (Pub- of the successor to such incumbent, notwith- as being for an emergency requirement pur- lic Law 114–74; 42 U.S.C. 6239 note), the Sec- standing any limitation otherwise imposed suant to section 251(b)(2)(A)(i) of the Bal- retary of Energy shall draw down and sell on such term by such section 9082(a)(2). anced Budget and Emergency Deficit Control not to exceed a total of $450,000,000 of crude (e) The President may extend the appoint- Act of 1985. oil from the Strategic Petroleum Reserve in ment of the Chief of the National Guard Bu- DEPARTMENT OF ENERGY fiscal year 2020, fiscal year 2021, or fiscal reau as prescribed in section 10502(b) of title ENERGY PROGRAMS year 2022: Provided further, That the proceeds 10, United States Code, for the incumbent in from such drawdown and sale shall be depos- that position as of the date of the enactment SCIENCE ited into the ‘Energy Security and Infra- of this Act until the date of the appointment For an additional amount for ‘‘Science’’, structure Modernization Fund’ during the of the successor to such incumbent, notwith- $99,500,000, to remain available until Sep- fiscal year in which the sale occurs and shall standing any limitation otherwise imposed tember 30, 2021, to prevent, prepare for, and be made available in such fiscal year, to re- on such term by such section 10502(b). respond to coronavirus, domestically or main available until expended, for necessary (f) The President may extend the appoint- internationally, for necessary expenses re- expenses to carry out the Life Extension II ment of Director, Army National Guard and lated to providing support and access to sci- project for the Strategic Petroleum Re- Director, Air National Guard as prescribed in entific user facilities in the Office of Science serve’’. section 10506(a)(3)(D) of title 10, United and National Nuclear Security Administra- States Code, for the incumbent in such position, including equipment, enabling tech- (c) The amount provided by this section is tion as of the date of the enactment of this nologies, and personnel associated with the designated by the Congress as being for an Act until the date of the appointment of the operations of those scientific user facilities: emergency requirement pursuant to section successor to such incumbent, notwith- Provided, That such amount is designated by 251(b)(2)(A)(i) of the Balanced Budget and standing any limitation otherwise imposed the Congress as being for an emergency re- Emergency Deficit Control Act of 1985. on such term by such section 10506(a)(3)(D). quirement pursuant to section 251(b)(2)(A)(i) SEC. 14003. Any discretionary appropriation (g) Notwithstanding paragraph (4) of sec- of the Balanced Budget and Emergency Def- for the Corps of Engineers derived from the tion 10505(a) of title 10, United States Code, icit Control Act of 1985. Harbor Maintenance Trust Fund (not to ex- the Secretary of Defense may waive the limi- DEPARTMENTAL ADMINISTRATION ceed the total amount deposited in the Har- tations in paragraphs (2) and (3) of that sec- (INCLUDING TRANSFER OF FUNDS) bor Maintenance Trust Fund in the prior fis- tion for a period of not more than 270 days. For an additional amount for ‘‘Depart- cal year) shall be subtracted from the esti- (h)(1) The President may delegate the exer- mental Administration’’, $28,000,000, to re- mate of discretionary budget authority and cise of the authorities in subsections (a) main available until September 30, 2021, to outlays for any estimate of an appropria- through (f) to the Secretary of Defense. prevent, prepare for, and respond to tions Act under the Congressional Budget (2) The Secretary of Defense may not re- coronavirus, domestically or internation- and Impoundment Control Act of 1974 or the delegate the exercise of any authority dele- ally, including for necessary expenses re- Balanced Budget and Emergency Deficit gated to the Secretary pursuant to para- lated to supporting remote access for per- Control Act of 1985: Provided, That the modi- graph (1), and may not delegate the exercise sonnel: Provided, That funds appropriated fications described in this section shall not of the authority in subsection (g). under this heading in this Act may be trans- take effect until the earlier of January 1, TITLE IV ferred to, and merged with, other appropria- 2021 or the date of enactment of legislation authorizing the development of water re- CORPS OF ENGINEERS—CIVIL tion accounts of the Department of Energy to prevent, prepare for, and respond to sources and shall remain in effect thereafter. DEPARTMENT OF THE ARMY coronavirus, including for necessary ex- SEC. 14004. Section 14321(a)(2)(B)(ii) of title OPERATION AND MAINTENANCE penses related to supporting remote access 40, United States Code, is amended by insert- For an additional amount for ‘‘Operation for personnel: Provided further, That such ing ‘‘, except that a discretionary grant to and Maintenance’’, $50,000,000, to remain amount is designated by the Congress as respond to economic distress directly related available until September 30, 2021, to pre- being for an emergency requirement pursu- to the impacts of the Coronavirus Disease vent, prepare for, and respond to ant to section 251(b)(2)(A)(i) of the Balanced 2019 (COVID–19) shall not be included in such coronavirus, domestically or internation- Budget and Emergency Deficit Control Act aggregate amount’’ before the period at the ally: Provided, That such amount is des- of 1985. end.

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2131 TITLE V under the National Emergencies Act (50 that case may be conducted by video tele- DEPARTMENT OF THE TREASURY U.S.C. 1601 et seq.) with respect to the conference, or by telephone conference if Coronavirus Disease 2019 (COVID–19) and video teleconferencing is not reasonably INTERNAL REVENUE SERVICE ending on the date that is 30 days after the available. ADMINISTRATIVE PROVISION—INTERNAL date on which the national emergency dec- (B) APPLICABILITY TO JUVENILES.—The REVENUE SERVICE laration terminates. video teleconferencing and telephone confer- IDEO ELECONFERENCING FOR RIMINAL (INCLUDING TRANSFER OF FUNDS) (b) V T C encing authority described in subparagraph PROCEEDINGS.— (A) shall apply with respect to equivalent SEC. 15001. In addition to the amounts oth- (1) IN GENERAL.—Subject to paragraphs (3), plea and sentencing, or disposition, pro- erwise available to the Internal Revenue (4), and (5), if the Judicial Conference of the ceedings under chapter 403 of title 18, United Service in fiscal year 2020, $250,000,000, to re- United States finds that emergency condi- States Code (commonly known as the ‘‘Fed- main available until September 30, 2021, shall tions due to the national emergency declared eral Juvenile Delinquency Act’’). be available to prevent, prepare for, and re- by the President under the National Emer- (3) REVIEW.— spond to coronavirus, domestically or inter- gencies Act (50 U.S.C. 1601 et seq.) with re- (A) IN GENERAL.—On the date that is 90 nationally, including costs associated with spect to the Coronavirus Disease 2019 days after the date on which an authoriza- the extended filing season and implementa- (COVID–19) will materially affect the function for the use of video teleconferencing or tion of the Families First Coronavirus Re- tioning of either the Federal courts gen- telephone conferencing under paragraph (1) sponse Act: Provided, That such funds may be erally or a particular district court of the or (2) is issued, if the emergency authority transferred by the Commissioner to the United States, the chief judge of a district has not been terminated under paragraph (5), ‘‘Taxpayer Services,’’ ‘‘Enforcement,’’ or court covered by the finding (or, if the chief the chief judge of the district court (or, if ‘‘Operations Support’’ accounts of the Inter- judge is unavailable, the most senior avail- the chief judge is unavailable, the most sen- nal Revenue Service for an additional able active judge of the court or the chief ior available active judge of the court or the amount to be used solely to prevent, prepare judge or circuit justice of the circuit that in- chief judge or circuit justice of the circuit for, and respond to coronavirus, domestically cludes the district court), upon application that includes the district court) to which the or internationally: Provided further, That the of the Attorney General or the designee of authorization applies shall review the au- Committees on Appropriations of the House the Attorney General, or on motion of the thorization and determine whether to extend of Representatives and the Senate shall be judge or justice, may authorize the use of the authorization. notified in advance of any such transfer: Pro- video teleconferencing, or telephone conferencing if video teleconferencing is not rea- (B) ADDITIONAL REVIEW.—If an authoriza- vided further, That such transfer authority is tion is extended under subparagraph (A), the in addition to any other transfer authority sonably available, for the following events: (A) Detention hearings under section 3142 chief judge of the district court (or, if the provided by law: Provided further, That not chief judge is unavailable, the most senior later than 30 days after the date of enact- of title 18, United States Code. (B) Initial appearances under Rule 5 of the available active judge of the court or the ment of this Act, the Commissioner shall chief judge or circuit justice of the circuit submit to the Committees on Appropriations Federal Rules of Criminal Procedure. (C) Preliminary hearings under Rule 5.1 of that includes the district court) to which the of the House of Representatives and the Sen- authorization applies shall review the exten- ate a spending plan for such funds: Provided the Federal Rules of Criminal Procedure. (D) Waivers of indictment under Rule 7(b) sion of authority not less frequently than further, That such amount is designated by once every 90 days until the earlier of— the Congress as being for an emergency re- of the Federal Rules of Criminal Procedure. (E) Arraignments under Rule 10 of the Fed- (i) the date on which the chief judge (or quirement pursuant to section 251(b)(2)(A)(i) eral Rules of Criminal Procedure. other judge or justice) determines the au- of the Balanced Budget and Emergency Def- (F) Probation and supervised release rev- thorization is no longer warranted; or icit Control Act of 1985. ocation proceedings under Rule 32.1 of the (ii) the date on which the emergency au- THE JUDICIARY Federal Rules of Criminal Procedure. thority is terminated under paragraph (5). (4) CONSENT.—Video teleconferencing or SUPREME COURT OF THE UNITED STATES (G) Pretrial release revocation proceedings under section 3148 of title 18, United States telephone conferencing authorized under SALARIES AND EXPENSES Code. paragraph (1) or (2) may only take place with For an additional amount for ‘‘Salaries (H) Appearances under Rule 40 of the Fed- the consent of the defendant, or the juvenile, and Expenses’’, $500,000, to prevent, prepare eral Rules of Criminal Procedure. after consultation with counsel. for, and respond to coronavirus, domestically (I) Misdemeanor pleas and sentencings as (5) TERMINATION OF EMERGENCY AUTHOR- or internationally: Provided, That such described in Rule 43(b)(2) of the Federal ITY.—The authority provided under para- amount is designated by the Congress as Rules of Criminal Procedure. graphs (1), (2), and (3), and any specific au- being for an emergency requirement pursu- (J) Proceedings under chapter 403 of title thorizations issued under those paragraphs, ant to section 251(b)(2)(A)(i) of the Balanced 18, United States Code (commonly known as shall terminate on the earlier of— Budget and Emergency Deficit Control Act the ‘‘Federal Juvenile Delinquency Act’’), (A) the last day of the covered emergency of 1985. except for contested transfer hearings and period; or juvenile delinquency adjudication or trial (B) the date on which the Judicial Con- COURTS OF APPEALS, DISTRICT COURTS, AND proceedings. ference of the United States finds that emer- OTHER JUDICIAL SERVICES (2) FELONY PLEAS AND SENTENCING.— gency conditions due to the national emer- SALARIES AND EXPENSES (A) IN GENERAL.—Subject to paragraphs (3), gency declared by the President under the For an additional amount for ‘‘Salaries (4), and (5), if the Judicial Conference of the National Emergencies Act (50 U.S.C. 1601 et and Expenses’’, $6,000,000, to prevent, prepare United States finds that emergency condi- seq.) with respect to the Coronavirus Disease for, and respond to coronavirus, domestically tions due to the national emergency declared 2019 (COVID-19) no longer materially affect or internationally: Provided, That such by the President under the National Emer- the functioning of either the Federal courts amount is designated by the Congress as gencies Act (50 U.S.C. 1601 et seq.) with re- generally or the district court in question. being for an emergency requirement pursu- spect to the Coronavirus Disease 2019 (6) NATIONAL EMERGENCIES GENERALLY.— ant to section 251(b)(2)(A)(i) of the Balanced (COVID-19) will materially affect the func- The Judicial Conference of the United States Budget and Emergency Deficit Control Act tioning of either the Federal courts gen- and the Supreme Court of the United States of 1985. erally or a particular district court of the shall consider rule amendments under chap- United States, the chief judge of a district ter 131 of title 28, United States Code (com- DEFENDER SERVICES court covered by the finding (or, if the chief monly known as the ‘‘Rules Enabling Act’’), For an additional amount for ‘‘Defender judge is unavailable, the most senior avail- that address emergency measures that may Services’’, $1,000,000, to remain available able active judge of the court or the chief be taken by the Federal courts when the until expended, to prevent, prepare for, and judge or circuit justice of the circuit that in- President declares a national emergency respond to coronavirus, domestically or cludes the district court) specifically finds, under the National Emergencies Act (50 internationally: Provided, That such amount upon application of the Attorney General or U.S.C. 1601 et seq.). is designated by the Congress as being for an the designee of the Attorney General, or on (7) RULE OF CONSTRUCTION.—Nothing in this emergency requirement pursuant to section motion of the judge or justice, that felony subsection shall obviate a defendant’s right 251(b)(2)(A)(i) of the Balanced Budget and pleas under Rule 11 of the Federal Rules of to counsel under the Sixth Amendment to Emergency Deficit Control Act of 1985. Criminal Procedure and felony sentencings the Constitution of the United States, any ADMINISTRATIVE PROVISION—THE JUDICIARY under Rule 32 of the Federal Rules of Crimi- Federal statute, or the Federal Rules of nal Procedure cannot be conducted in person Criminal Procedure. VIDEO TELECONFERENCING FOR CRIMINAL without seriously jeopardizing public health (c) The amount provided by this section is PROCEEDINGS and safety, and the district judge in a par- SEC. 15002. (a) DEFINITION.—In this section, ticular case finds for specific reasons that designated by the Congress as being for an the term ‘‘covered emergency period’’ means the plea or sentencing in that case cannot be emergency requirement pursuant to section the period beginning on the date on which further delayed without serious harm to the 251(b)(2)(A)(i) of the Balanced Budget and the President declared a national emergency interests of justice, the plea or sentencing in Emergency Deficit Control Act of 1985.

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2132 CONGRESSIONAL RECORD — SENATE March 25, 2020

DISTRICT OF COLUMBIA GENERAL SERVICES ADMINISTRATION NATIONAL ARCHIVES AND RECORDS REAL PROPERTY ACTIVITIES ADMINISTRATION FEDERAL FUNDS FEDERAL BUILDINGS FUND OPERATING EXPENSES FEDERAL PAYMENT FOR EMERGENCY PLANNING (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ‘‘Operating AND SECURITY COSTS IN THE DISTRICT OF CO- Expenses’’, $8,100,000, to remain available For an additional amount to be deposited LUMBIA until September 30, 2021, to prevent, prepare in the ‘‘Federal Buildings Fund’’, $275,000,000, for, and respond to coronavirus, domestically to remain available until expended, to pre- For an additional amount for ‘‘Federal or internationally: Provided, That the vent, prepare for, and respond to Payment for Emergency Planning and Secu- amount provided under this heading in this coronavirus, domestically or internation- rity Costs in the District of Columbia’’, Act may be used to provide expenses of the ally: Provided, That the amount provided $5,000,000, to remain available until ex- Federal Records Center Program for pre- under this heading in this Act may be used pended, to prevent, prepare for, and respond venting, preparing for, and responding to to reimburse the Fund for obligations in- to coronavirus, domestically or internation- coronavirus, domestically or internation- curred for this purpose prior to the date of ally: Provided, That such amount is des- ally: Provided further, That such amount is the enactment of this Act: Provided further, ignated by the Congress as being for an designated by the Congress as being for an That such amount may be transferred to, emergency requirement pursuant to section emergency requirement pursuant to section and merged with, accounts within the Fed- 251(b)(2)(A)(i) of the Balanced Budget and 251(b)(2)(A)(i) of the Balanced Budget and eral Buildings Fund in amounts necessary to Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985. cover costs incurred to prevent, prepare for, INDEPENDENT AGENCIES and respond to coronavirus, domestically or OFFICE OF PERSONNEL MANAGEMENT internationally: Provided further, That the SALARIES AND EXPENSES ELECTION ASSISTANCE COMMISSION Administrator of General Services shall no- For an additional amount for ‘‘Salaries ELECTION SECURITY GRANTS tify the Committees on Appropriations of and Expenses’’, $12,100,000, to remain avail- the House of Representatives and the Senate able until September 30, 2021, to prevent, pre- For an additional amount for ‘‘Election Se- quarterly on the obligations and expendi- pare for, and respond to coronavirus, domes- curity Grants’’, $400,000,000, to prevent, pre- tures of the funds provided by this Act by ac- tically or internationally, including tech- pare for, and respond to coronavirus, domes- count of the Federal Buildings Fund: Pro- nologies for digital case management, short- tically or internationally, for the 2020 Fed- vided further, That funds made available to term methods to allow electronic submis- eral election cycle: Provided, That a State re- the Administrator in this or any previous sions of retirement application packages in ceiving a payment with funds provided under Act shall not be subject to section 3307 of support of paper-based business operations, this heading in this Act shall provide to the title 40, United States Code, for the acquisi- and increased telecommunications: Provided, Election Assistance Commission, within 20 tion of space necessary to prevent, prepare That such amount is designated by the Con- days of each election in the 2020 Federal for, or respond to coronavirus, domestically gress as being for an emergency requirement election cycle in that State, a report that in- or internationally: Provided further, That no pursuant to section 251(b)(2)(A)(i) of the Bal- cludes a full accounting of the State’s uses of action taken by the Administrator to ac- anced Budget and Emergency Deficit Control the payment and an explanation of how such quire real property and interests in real Act of 1985. uses allowed the State to prevent, prepare property or to improve real property in re- for, and respond to coronavirus: Provided fur- PANDEMIC RESPONSE ACCOUNTABILITY sponse to coronavirus shall be deemed a Fed- COMMITTEE ther, That, within 3 days of its receipt of a eral action or undertaking and subject to re- report required in the preceding proviso, the For an additional amount for ‘‘Pandemic view under the National Environmental Pol- Response Accountability Committee’’, Election Assistance Commission will trans- icy Act of 1969, as amended (42 U.S.C. 4321 et mit the report to the Committee on Appro- $80,000,000, to remain available until ex- seq.), or the National Historic Preservation pended, to promote transparency and sup- priations and the Committee on House Ad- Act of 1966, as amended (54 U.S.C. 300101 et ministration of the House of Representatives port oversight of funds provided in this Act seq.), respectively: Provided further, That to prevent, prepare for, and respond to and the Committee on Appropriations and such amount is designated by the Congress the Committee on Rules and Administration coronavirus, domestically or internation- as being for an emergency requirement pur- ally: Provided, That such amount is des- of the Senate: Provided further, That not suant to section 251(b)(2)(A)(i) of the Bal- later than 30 days after the date of enact- ignated by the Congress as being for an anced Budget and Emergency Deficit Control emergency requirement pursuant to section ment of this Act, the Election Assistance Act of 1985. Commission shall make the payments to 251(b)(2)(A)(i) of the Balanced Budget and GENERAL ACTIVITIES States under this heading: Provided further, Emergency Deficit Control Act of 1985. That any portion of a payment made to a FEDERAL CITIZEN SERVICES FUND SMALL BUSINESS ADMINISTRATION State with funds provided under this heading (INCLUDING TRANSFER OF FUNDS) DISASTER LOANS PROGRAM ACCOUNT in this Act which is unobligated on Decem- For an additional amount to be deposited (INCLUDING TRANSFERS OF FUNDS) ber 31, 2020 shall be returned to the Treasury: in the ‘‘Federal Citizen Services Fund’’, For an additional amount for the ‘‘Disaster Provided further, That such amount is des- $18,650,000, to remain available until ex- Loans Program Account’’, $562,000,000, to re- ignated by the Congress as being for an pended, to prevent, prepare for, and respond main available until expended, to prevent, emergency requirement pursuant to section to coronavirus, domestically or internation- prepare for, and respond to coronavirus, do- 251(b)(2)(A)(i) of the Balanced Budget and ally: Provided, That such amount is des- mestically or internationally, for the cost of Emergency Deficit Control Act of 1985. ignated by the Congress as being for an direct loans authorized by section 7(b) of the emergency requirement pursuant to section FEDERAL COMMUNICATIONS COMMISSION Small Business Act and for administrative 251(b)(2)(A)(i) of the Balanced Budget and expenses to carry out the disaster loan pro- SALARIES AND EXPENSES Emergency Deficit Control Act of 1985. gram authorized by section 7(b) of the Small WORKING CAPITAL FUND Business Act: Provided, That the amounts For an additional amount for ‘‘Salaries provided under this heading in this Act may and Expenses’’, $200,000,000, to remain avail- For an additional amount for ‘‘Working be transferred to, and merged with, ‘‘Small able until expended, to prevent, prepare for, Capital Fund’’, $1,500,000, to remain available Business Administration—Salaries and Ex- and respond to coronavirus, domestically or until expended, to prevent, prepare for, and penses’’ to prevent, prepare for, and respond internationally, including to support efforts respond to coronavirus, domestically or to coronavirus, domestically or internation- of health care providers to address internationally: Provided, That such amount ally: Provided further, That such amount is coronavirus by providing telecommuni- is designated by the Congress as being for an designated by the Congress as being for an cations services, information services, and emergency requirement pursuant to section emergency requirement pursuant to section devices necessary to enable the provision of 251(b)(2)(A)(i) of the Balanced Budget and 251(b)(2)(A)(i) of the Balanced Budget and telehealth services during an emergency pe- Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985. riod, as defined in section 1135(g)(1) of the ADMINISTRATIVE PROVISION—GENERAL Social Security Act (42 U.S.C. 1320b–5(g)(1)): SERVICES ADMINISTRATION GENERAL PROVISIONS—THIS TITLE Provided, That the Federal Communications SEC. 15003. Notwithstanding 41 U.S.C. PANDEMIC RESPONSE ACCOUNTABILITY Commission may rely on the rules of the 3304(a)(7)(B), the Administrator, when mak- COMMITTEE Commission under part 54 of title 47, Code of ing a determination that use of noncompeti- SEC. 15010. (a) In this section— Federal Regulations, in administering the tive procedures is necessary for public inter- (1) the term ‘‘agency’’ has the meaning amount provided under the heading in this est in accordance with 41 U.S.C. 3304(a)(7)(A) given the term in section 551 of title 5, Act if the Commission determines that such in response to a public health emergency United States Code; administration is in the public interest: Pro- declaration by the Secretary of Health and (2) the term ‘‘appropriate congressional vided further, That such amount is des- Human Services under section 319 of the committees’’ means— ignated by the Congress as being for an Public Health Service Act (42 U.S.C. 247(d)), (A) the Committees on Appropriations of emergency requirement pursuant to section is required to notify Congress in writing of the Senate and the House of Representatives; 251(b)(2)(A)(i) of the Balanced Budget and that determination not less than 3 days prior (B) the Committee on Homeland Security Emergency Deficit Control Act of 1985. to the award of the contract. and Governmental Affairs of the Senate;

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2133 (C) the Committee on Oversight and Re- (ii) The Executive Director and the Deputy funds and the Coronavirus response, includ- form of the House of Representatives; and Executive Director of the Committee shall— ing coordinating and collaborating to the ex- (D) any other relevant congressional com- (I) have demonstrated ability in account- tent practicable with State and local govern- mittee of jurisdiction; ing, auditing, and financial analysis; ment entities; (3) the term ‘‘Chairperson’’ means the (II) have experience managing oversight of (x) expeditiously reporting to the Attorney Chairperson of the Committee; large organizations and expenditures; and General any instance in which the Com- (4) the term ‘‘Council’’ means the Council (III) be full-time employees of the Com- mittee has reasonable grounds to believe of the Inspectors General on Integrity and mittee. there has been a violation of Federal crimi- Efficiency established under section 11 of the (C) The Executive Director of the Com- nal law; and Inspector General Act of 1978 (5 U.S.C. App); mittee shall— (xi) coordinating and supporting Inspectors (5) the term ‘‘Committee’’ means the Pan- (i) report directly to the Chairperson; General on matters related to oversight of demic Response Accountability Committee (ii) appoint staff of the Committee, subject covered funds and the Coronavirus response. established under subsection (b); to the approval of the Chairperson, con- (2)(A)(i) The Committee shall submit to (6) the term ‘‘covered funds’’ means any sistent with subsection (f); the President and Congress, including the funds, including loans, that are made avail- (iii) supervise and coordinate Committee appropriate congressional committees, man- able in any form to any non-Federal entity, functions and staff; and agement alerts on potential management, not including an individual, under— (iv) perform any other duties assigned to risk, and funding problems that require im- (A) this Act; the Executive Director by the Committee. mediate attention. (B) the Coronavirus Preparedness and Re- (4)(A) Members of the Committee may not (ii) The Committee shall submit to Con- sponse Supplemental Appropriations Act, receive additional compensation for services gress such other reports or provide such peri- 2020 (Public Law 116–123); performed. odic updates on the work of the Committee (C) the Families First Coronavirus Re- (B) The Executive Director and Deputy Ex- as the Committee considers appropriate on sponse Act (Public Law 116–127); or ecutive Director of the Committee shall be the use of covered funds and the Coronavirus (D) any other Act primarily making appro- compensated at the rate of basic pay pre- response. scribed for level IV of the Executive Sched- priations for the Coronavirus response and (B) The Committee shall submit biannual ule under section 5315 of title 5, United related activities; and reports to the President and Congress, in- States Code. cluding the appropriate congressional com- (7) the term ‘‘Coronavirus response’’ means (d)(1)(A) The Committee shall conduct and the Federal Government’s response to the mittees, and may submit additional reports coordinate oversight of covered funds and as appropriate— nationwide public health emergency declared the Coronavirus response and support Inspec- by the Secretary of Health and Human Serv- (i) summarizing the findings of the Com- tors General in the oversight of covered mittee; and ices, retroactive to January 27, 2020, pursu- funds and the Coronavirus response in order ant to section 319 of the Public Health Serv- (ii) identifying and quantifying the impact to— of any tax expenditures or credits authorized ice Act (42 U.S.C. 247d), as a result of con- (i) detect and prevent fraud, waste, abuse, firmed cases of the novel coronavirus under this Act to the extent practicable. and mismanagement; and (C)(i) All reports submitted under this (COVID–19) in the United States. (ii) identify major risks that cut across (b) There is established within the Council paragraph shall be made publicly available programs and agency boundaries. the Pandemic Response Accountability Com- and posted on the website established under (B) The functions of the Committee shall subsection (g). mittee to promote transparency and conduct include— and support oversight of covered funds and (ii) Any portion of a report submitted (i) developing a strategic plan to ensure co- under this paragraph may be redacted when the Coronavirus response to— ordinated, efficient, and effective com- (1) prevent and detect fraud, waste, abuse, made publicly available, if that portion prehensive oversight by the Committee and would disclose information that is not sub- and mismanagement; and Inspectors General over all aspects of cov- (2) mitigate major risks that cut across ject to disclosure under sections 552 and 552a ered funds and the Coronavirus response; of title 5, United States Code, or is otherwise program and agency boundaries. (ii) auditing or reviewing covered funds, in- (c)(1) The Chairperson of the Committee prohibited from disclosure by law. cluding a comprehensive audit and review of shall be selected by the Chairperson of the (3)(A) The Committee shall make rec- charges made to Federal contracts pursuant Council from among Inspectors General de- ommendations to agencies on measures to to authorities provided in the Coronavirus scribed in subparagraphs (B), (C), and (D) of prevent or address fraud, waste, abuse and Aid, Relief, and Economic Security Act, to paragraph (2) with experience managing mismanagement, and to mitigate risks that oversight of large organizations and expendi- determine whether wasteful spending, poor cut across programs and agency boundaries, tures. contract or grant management, or other relating to covered funds and the (2) The members of the Committee shall abuses are occurring and referring matters Coronavirus response. include— the Committee considers appropriate for in- (B) Not later than 30 days after receipt of (A) the Chairperson; vestigation to the Inspector General for the a recommendation under subparagraph (A), (B) the Inspectors General of the Depart- agency that disbursed the covered funds, in- an agency shall submit a report to the Presi- ments of Defense, Education, Health and cluding conducting randomized audits to dent and the appropriate congressional com- Human Services, Homeland Security, Jus- identify fraud; mittees on— tice, Labor, and the Treasury; (iii) reviewing whether the reporting of (i) whether the agency agrees or disagrees (C) the Inspector General of the Small contracts and grants using covered funds with the recommendations; and Business Administration; meets applicable standards and specifies the (ii) any actions the agency will take to im- (D) the Treasury Inspector General for Tax purpose of the contract or grant and meas- plement the recommendations, which shall Administration; and ures of performance; also be included in the report required under (E) any other Inspector General, as des- (iv) reviewing the economy, efficiency, and section 2(b) of the GAO–IG Act (31 U.S.C. 1105 ignated by the Chairperson from any agency effectiveness in the administration of, and note). that expends or obligates covered funds or is the detection of fraud, waste, abuse, and mis- (e)(1) The Committee shall conduct audits involved in the Coronavirus response. management in, Coronavirus response pro- and reviews of programs, operations, and ex- (3)(A) There shall be an Executive Director grams and operations; penditures relating to covered funds and the and a Deputy Executive Director of the Com- (v) reviewing whether competition require- Coronavirus response and coordinate on such mittee. ments applicable to contracts and grants activities with the Inspector General of the (B)(i)(I) Not later than 30 days after the using covered funds have been satisfied; relevant agency to avoid unnecessary dupli- date of enactment of this Act, the Executive (vi) serving as a liaison to the Director of cation and overlap of work. Director of the Committee shall be ap- the Office of Management and Budget, the (2) The Committee may— pointed by the Chairperson of the Council, in Secretary of the Treasury, and other offi- (A) conduct its own independent investiga- consultation with the majority leader of the cials responsible for implementing the tions, audits, and reviews relating to covered Senate, the Speaker of the House of Rep- Coronavirus response; funds or the Coronavirus response; resentatives, the minority leader of the Sen- (vii) reviewing whether there are sufficient (B) collaborate on audits and reviews relat- ate, and the minority leader of the House of qualified acquisition, grant, and other appli- ing to covered funds with any Inspector Gen- Representatives. cable personnel overseeing covered funds and eral of an agency; and (II) Not later than 90 days after the date of the Coronavirus response; (C) provide support to relevant agency In- enactment of this Act, the Deputy Executive (viii) reviewing whether personnel whose spectors General in conducting investiga- Director of the Committee shall be ap- duties involve the Coronavirus response or tions, audits, and reviews relating to the pointed by the Chairperson of the Council, in acquisitions or grants made with covered covered funds and Coronavirus response. consultation with the majority leader of the funds or are otherwise related to the (3)(A) In conducting and supporting inves- Senate, the Speaker of the House of Rep- Coronavirus response receive adequate train- tigations, audits, and reviews under this sub- resentatives, the minority leader of the Sen- ing, technology support, and other resources; section, the Committee— ate, the minority leader of the House of Rep- (ix) reviewing whether there are appro- (i) shall have the authorities provided resentatives, and the Executive Director of priate mechanisms for interagency collabo- under section 6 of the Inspector General Act the Committee. ration relating to the oversight of covered of 1978 (5 U.S.C. App.);

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2134 CONGRESSIONAL RECORD — SENATE March 25, 2020 (ii) may issue subpoenas to compel the tes- (C)(i) A person employed by the Committee each project, information about the process timony of persons who are not Federal offi- shall acquire competitive status for appoint- that was used to award the covered funds, cers or employees; and ment to any position in the competitive and for any covered funds over $150,000, a de- (iii) may enforce such subpoenas in the service for which the employee possesses the tailed explanation of any associated agree- event of a refusal to obey by order of any ap- required qualifications upon the completion ment, where applicable. propriate United States district court as pro- of 2 years of continuous service as an em- (iv) The website shall include vided for under section 6 of the Inspector ployee under this subsection. downloadable, machine-readable, open for- General Act of 1978 (5 U.S.C. App). (ii) No person who is first employed as de- mat reports on covered funds obligated by (B) The Committee shall carry out the scribed in clause (i) more than 2 years after month to each State and congressional dis- powers under paragraphs (1) and (2) in ac- the date of enactment of this Act may ac- trict, where applicable. cordance with section 4(b)(1) of the Inspector quire competitive status under clause (i). (v) The website shall provide a means for General Act of 1978 (5 U.S.C. App.). (2)(A) The Committee may employ annu- the public to give feedback on the perform- (C) Whenever information or assistance re- itants covered by section 9902(g) of title 5, ance of any covered funds and of the quested by the Committee or an Inspector United States Code, for purposes of the over- Coronavirus response, including confidential General is unreasonably refused or not pro- sight of covered funds or the Coronavirus re- feedback. vided, the Committee shall immediately response. (vi) The website shall include detailed in- port the circumstances to the appropriate (B) The employment of annuitants under formation on Federal Government awards congressional committees. this paragraph shall be subject to the provi- that expend covered funds, including data (D) The Committee shall leverage existing sions of section 9902(g) of title 5, United elements required under the Federal Funding information technology resources within the States Code, as if the Committee was the De- Accountability and Transparency Act of 2006 Council, such as oversight.gov, to carry out partment of Defense. (31 U.S.C. 6101 note), allowing aggregate re- the duties of the Committee. (3) Upon request of the Committee for in- porting on awards below $50,000, as pre- (4)(A) The Committee may hold public formation or assistance from any agency or scribed by the Director of the Office of Man- hearings and Committee personnel may con- other entity of the Federal Government, the agement and Budget. duct necessary inquiries. head of such entity shall, insofar as is prac- (vii) The website shall provide a link to es- (B) The head of each agency shall make all ticable and not in contravention of any ex- timates of the jobs sustained or created by officers and employees of that agency avail- isting law, and consistent with section 6 of this Act to the extent practicable. able to provide testimony to the Committee the Inspector General Act of 1978 (5 U.S.C. (viii) The website shall include appropriate and Committee personnel. App.), furnish such information or assistance links to other government websites with in- (C) The Committee may issue subpoenas to to the Committee, or an authorized designee, formation concerning covered funds and the compel the testimony of persons who are not including an Inspector General designated by Coronavirus response, including Federal Federal officers or employees at such public the Chairperson. agency and State websites. (4) Any Inspector General responsible for hearings, which may be enforced in the same (ix) The website shall include a plan from conducting oversight related to covered manner as provided for subpoenas under sec- each Federal agency for using covered funds. funds or the Coronavirus response may, con- tion 6 of the Inspector General Act of 1978 (5 (x) The website shall provide information sistent with the duties, responsibilities, poli- U.S.C. App.). on Federal allocations of mandatory and cies, and procedures of the Inspector Gen- (5) The Committee may enter into con- other entitlement programs by State, coun- eral, provide information requested by the tracts to enable the Committee to discharge ty, or other geographical unit related to cov- Committee or an Inspector General on the its duties, including contracts and other ar- ered funds or the Coronavirus response. Committee relating to the responsibilities of rangements for audits, studies, analyses, and (xi) The website shall present the data the Committee. other services with public agencies and with such that funds subawarded by recipients are (g)(1)(A) Not later than 30 days after the private persons, and make such payments as not double counted in search results, data date of enactment of this Act, the Com- may be necessary to carry out the duties of visualizations, or other reports. mittee shall establish and maintain a user- the Committee. (xii) The website shall include all rec- (6) The Committee may establish sub- friendly, public-facing website to foster ommendations made to agencies relating to committees to facilitate the ability of the greater accountability and transparency in covered funds and the Coronavirus response, Committee to discharge its duties. the use of covered funds and the Coronavirus as well as the status of each recommenda- (7) The Committee may transfer funds ap- response, which shall have a uniform re- tion. propriated to the Committee for expenses to source locator that is descriptive and memo- (xiii) The website shall be enhanced and support administrative support services and rable. updated as necessary to carry out the pur- audits, reviews, or other activities related to (B) The Committee shall leverage existing information technology and resources, such poses of this section. oversight by the Committee of covered funds (4) The Committee may exclude posting as oversight.gov, to the greatest extent prac- or the Coronavirus response to any Office of contractual or other information on the ticable to meet the requirements under this the Inspector General or the General Serv- website on a case-by-case basis when nec- ices Administration. section. essary to protect national security or to pro- (2) The website established and maintained (f)(1)(A)(i) Subject to subparagraph (B), the tect information that is not subject to dis- under paragraph (1) shall be a portal or gate- Committee may exercise the authorities of closure under sections 552 and 552a of title 5, subsections (b) through (i) of section 3161 of way to key information relating to the over- United States Code. title 5, United States Code (without regard sight of covered funds and the Coronavirus (h)(1) Nothing in this section shall affect to subsection (a) of that section) to carry out response and provide connections to other the independent authority of an Inspector the functions of the Committee under this Government websites with related informa- General to determine whether to conduct an section. tion. audit or investigation of covered funds or the (ii) For purposes of exercising the authori- (3) In establishing and maintaining the Coronavirus response. ties described under clause (i), the term website under paragraph (1), the Committee (2) If the Committee requests that an In- ‘‘Chairperson’’ shall be substituted for the shall ensure the following: spector General of an agency conduct or re- term ‘‘head of a temporary organization’’. (A) The website shall provide materials frain from conducting an audit or investiga- (iii) In exercising the authorities described and information explaining the Coronavirus tion and the Inspector General rejects the re- in clause (i), the Chairperson shall consult response and how covered funds are being quest in whole or in part, the Inspector Gen- with members of the Committee. used. The materials shall be easy to under- eral shall, not later than 30 days after reject- (iv) In addition to the authority provided stand and regularly updated. ing the request, submit a report to the Com- by section 3161(c) of title 5, United States (i) The website shall provide account- mittee, the head of the applicable agency, Code, upon the request of an Inspector Gen- ability information, including findings from and the appropriate congressional commit- eral, the Committee may detail, on a nonre- Inspectors General, including any progress tees, that states the reasons that the Inspec- imbursable basis, any personnel of the Coun- reports, audits, inspections, or other reports, tor General has rejected the request in whole cil to that Inspector General to assist in car- including reports from or links to reports on or in part. rying out any audit, review, or investigation the website of the Government Account- (i) The Committee shall coordinate its pertaining to the oversight of covered funds ability Office. oversight activities with the Comptroller or the Coronavirus response. (ii) The website shall provide data on rel- General of the United States and State audi- (B) In exercising the employment authori- evant operational, economic, financial, tors. ties under section 3161(b) of title 5, United grant, subgrant, contract, and subcontract (j) For the purposes of carrying out the States Code, as provided under subparagraph information in user-friendly visual presen- mission of the Committee under this section, (A) of this paragraph— tations to enhance public awareness of the there are authorized to be appropriated such (i) section 3161(b)(2) of that title (relating use of covered funds and the Coronavirus re- sums as may be necessary to carry out the to periods of appointments) shall not apply; sponse. duties and functions of the Committee. and (iii) The website shall provide detailed (k) The Committee shall terminate on Sep- (ii) no period of appointment may exceed data on any Federal Government awards tember 30, 2025. the date on which the Committee termi- that expend covered funds, including a REPORTING ON USE OF FUNDS nates. unique trackable identification number for SEC. 15011. (a) In this section—

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(1) the terms ‘‘agency’’, ‘‘appropriate con- quarter following the date of enactment of FEDERAL EMERGENCY MANAGEMENT AGENCY gressional committees’’, ‘‘Committee’’, ‘‘cov- this Act. OPERATIONS AND SUPPORT ered funds’’, and ‘‘Coronavirus response’’ (B) The last report required to be sub- For an additional amount for ‘‘Operations have the meanings given those terms in sec- mitted under paragraph (1) shall apply to the and Support’’, $44,987,000, to remain available tion 15010; quarter in which the Committee terminates. until September 30, 2021, to prevent, prepare (2) the term ‘‘covered recipient’’— TITLE VI for, and respond to coronavirus, domestically (A) means any entity that receives large DEPARTMENT OF HOMELAND SECURITY or internationally, which shall be for en- covered funds; and hancements to information technology and (B) includes any State, the District of Co- MANAGEMENT DIRECTORATE for facilities support: Provided, That such lumbia, and any territory or possession of OPERATIONS AND SUPPORT amount is designated by the Congress as the United States; and For an additional amount for ‘‘Operations being for an emergency requirement pursu- (3) the term ‘‘large covered funds’’ means and Support’’, $178,300,000, to remain avail- ant to section 251(b)(2)(A)(i) of the Balanced covered funds that amount to more than able until September 30, 2021, to prevent, pre- Budget and Emergency Deficit Control Act $150,000. of 1985. (b)(1)(A) On a monthly basis until Sep- pare for, and respond to coronavirus, domes- tember 30, 2021, each agency shall report to tically or internationally, which shall be for DISASTER RELIEF FUND the Director of the Office of Management the purchase of personal protective equip- For an additional amount for ‘‘Disaster and Budget, the Bureau of Fiscal Service in ment and sanitization materials: Provided, Relief Fund’’, $45,000,000,000, to remain avail- the Department of the Treasury, the Com- That funds provided under this heading in able until expended: Provided, That of the mittee, and the appropriate congressional this Act may be transferred by the Secretary amount provided under this heading in this committees on any obligation or expenditure of Homeland Security between appropria- Act, $25,000,000,000 shall be for major disas- of large covered funds, including loans and tions in the Department only for the pur- ters declared pursuant to the Robert T. Staf- awards. chase of personal protective equipment and ford Disaster Relief and Emergency Assist- (B) Not later than 90 days after the date of sanitization materials to prevent, prepare ance Act (42 U.S.C. 5121 et seq.): Provided fur- enactment of this Act, each agency shall for, and respond to coronavirus, domestically ther, That of the amount provided under this submit to the Committee a plan describing or internationally: Provided further, That heading in this Act, $15,000,000,000 may be how the agency will use covered funds. none of the funds made available under this used for all purposes authorized under such (2) Not later than 10 days after the end of heading may be transferred pursuant to the Act and may be used in addition to amounts each calendar quarter, each covered recipi- authority in section 503 of the Department of designated by the Congress as being for dis- ent shall submit to the agency and the Com- Homeland Security Appropriations Act, 2020: aster relief pursuant to section 251(b)(2)(D) of mittee a report that contains— Provided further, That the Department shall the Balanced Budget and Emergency Deficit (A) the total amount of large covered funds provide notice of any transfer to the Com- Control Act of 1985: Provided further, That received from the agency; mittees on Appropriations of the Senate and every 30 days the Administrator shall pro- (B) the amount of large covered funds re- the House of Representatives not later than vide the Committees on Appropriations of ceived that were expended or obligated for 5 days after executing such transfer: Provided the Senate and the House of Representatives each project or activity; further, That such amount is designated by both projected and actual costs for funds (C) a detailed list of all projects or activi- the Congress as being for an emergency re- provided under this heading for major disas- ties for which large covered funds were ex- quirement pursuant to section 251(b)(2)(A)(i) ters and any other expenses: Provided further, pended or obligated, including— of the Balanced Budget and Emergency Def- That of the amounts provided under this (i) the name of the project or activity; icit Control Act of 1985. heading, $3,000,000 shall be transferred to (ii) a description of the project or activity; TRANSPORTATION SECURITY ADMINISTRATION ‘‘Office of Inspector General’’ and shall re- and main available until expended for oversight OPERATIONS AND SUPPORT (iii) the estimated number of jobs created of activities supported by funds provided or retained by the project or activity, where For an additional amount for ‘‘Operations under this heading: Provided further, That applicable; and and Support’’, $100,000,000, to remain avail- such amount is designated by the Congress (D) detailed information on any level of able until September 30, 2021, to prevent, pre- as being for an emergency requirement pur- subcontracts or subgrants awarded by the pare for, and respond to coronavirus, domes- suant to section 251(b)(2)(A)(i) of the Bal- covered recipient or its subcontractors or tically or internationally, which shall be for anced Budget and Emergency Deficit Control subgrantees, to include the data elements re- cleaning and sanitization at checkpoints and Act of 1985. other airport common areas; overtime and quired to comply with the Federal Funding FEDERAL ASSISTANCE travel costs; and explosive detection mate- Accountability and Transparency Act of 2006 For an additional amount for ‘‘Federal As- (31 U.S.C. 6101 note) allowing aggregate re- rials: Provided, That such amount is designated by the Congress as being for an sistance’’, $400,000,000, to remain available porting on awards below $50,000 or to individ- until September 30, 2021, to prevent, prepare uals, as prescribed by the Director of the Of- emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and for, and respond to coronavirus, domestically fice of Management and Budget. or internationally: Provided, That of the (3) Not later than 30 days after the end of Emergency Deficit Control Act of 1985. amount provided under this heading in this each calendar quarter, the Committee, in UNITED STATES COAST GUARD Act, $100,000,000 shall be for Assistance to consultation with the agency that made OPERATIONS AND SUPPORT Firefighter Grants for the purchase of per- large covered funds available to any covered sonal protective equipment and related sup- recipient shall make the information in re- For an additional amount for ‘‘Operations plies, including reimbursements; $100,000,000 ports submitted under paragraph (2) publicly and Support’’, $140,800,000, to remain avail- shall be for Emergency Management Per- available by posting the information on the able until September 30, 2021, to prevent, pre- formance Grants; and $200,000,000 shall be for website established under section 15010(g). pare for, and respond to coronavirus, domes- the Emergency Food and Shelter Program: (4)(A) Each agency, in coordination with tically or internationally, which shall be for Provided further, That such amount is des- the Committee and the Director of the Office mobilization of reservists and increasing the ignated by the Congress as being for an of Management and Budget shall provide capability and capacity of Coast Guard infor- emergency requirement pursuant to section user-friendly means for covered recipients to mation technology systems and infrastruc- 251(b)(2)(A)(i) of the Balanced Budget and meet requirements of this subsection. ture: Provided, That such amount is des- (B) Federal agencies may use existing ignated by the Congress as being for an Emergency Deficit Control Act of 1985. mechanisms to ensure that information emergency requirement pursuant to section GENERAL PROVISIONS—THIS TITLE under this subsection is reported accurately. 251(b)(2)(A)(i) of the Balanced Budget and SEC. 16001. Notwithstanding any other pro- (c)(1) The Director of the Office of Manage- Emergency Deficit Control Act of 1985. vision of law, funds made available under ment and Budget, in consultation with the CYBERSECURITY AND INFRASTRUCTURE each heading in this title, except for ‘‘Fed- Secretary of the Treasury, the Adminis- SECURITY AGENCY eral Emergency Management Agency—Dis- trator of the Small Business Administration, aster Relief Fund’’, shall only be used for the OPERATIONS AND SUPPORT and the Chairperson of the Council of Eco- purposes specifically described under that nomic Advisors, shall submit to the appro- For an additional amount for ‘‘Operations heading. priate congressional committees and pub- and Support’’, $9,100,000, to remain available SEC. 16002. Notwithstanding any other pro- licly release on the website established until September 30, 2021, to prevent, prepare vision of law, any amounts appropriated for under section 15010(g) quarterly reports that for, and respond to coronavirus, domestically ‘‘Federal Emergency Management Agency— detail the impact of programs funded or internationally, which shall be for support Disaster Relief Fund’’ in this Act are avail- through large covered funds on employment, of interagency critical infrastructure coordi- able only for the purposes for which they estimated economic growth, and other key nation and related activities: Provided, That were appropriated. economic indicators, including information such amount is designated by the Congress SEC. 16003. (a) PREMIUM PAY AUTHORITY.—If about impacted industries. as being for an emergency requirement pur- services performed during fiscal year 2020 are (2)(A) The first report submitted under suant to section 251(b)(2)(A)(i) of the Bal- determined by the head of the agency to be paragraph (1) shall be submitted not later anced Budget and Emergency Deficit Control primarily related to preparation, prevention, than 45 days after the end of the first full Act of 1985. or response to coronavirus, any premium pay

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2136 CONGRESSIONAL RECORD — SENATE March 25, 2020 that is funded, either directly or through re- (B) for the practice of medicine, osteo- further, That such amount is designated by imbursement, by the Federal Emergency pathic medicine, dentistry, nursing, emer- the Congress as being for an emergency re- Management Agency shall be exempted from gency medical services, or another health quirement pursuant to section 251(b)(2)(A)(i) the aggregate of basic pay and premium pay profession; and of the Balanced Budget and Emergency Def- calculated under section 5547(a) of title 5, (4) is not affirmatively excluded from prac- icit Control Act of 1985. United States Code, and any other provision tice in the licensing or certifying jurisdic- BUREAU OF INDIAN EDUCATION of law limiting the aggregate amount of pre- tion or in any other jurisdiction. mium pay payable on a biweekly or calendar (c) Subsection (a) shall apply during the in- OPERATION OF INDIAN EDUCATION PROGRAMS year basis. cident period of the emergency declared by For an additional amount for ‘‘Operation (b) OVERTIME AUTHORITY.—Any overtime the President on March 13, 2020, pursuant to of Indian Education Programs’’, $69,000,000, that is funded for such services described in section 501(b) of the Robert T. Stafford Dis- to remain available until September 30, 2021, subsection (a), either directly or through re- aster Relief and Emergency Assistance Act to prevent, prepare for, and respond to imbursement, by the Federal Emergency (42 U.S.C. 5121(b)), and to any subsequent coronavirus, domestically or internation- Management Agency shall be exempted from major declaration under section 401 of such ally, including, but not limited to, funding any annual limit on the amount of overtime Act that supersedes such emergency declara- for tribal colleges and universities, salaries, payable in a calendar or fiscal year. tion. transportation, and information technology: (c) APPLICABILITY OF AGGREGATE LIMITA- SEC. 16006. The Secretary of Homeland Se- Provided, That of the amounts provided in TION ON PAY.—In determining whether an curity, under the authority granted under this paragraph, not less than $20,000,000 shall employee’s pay exceeds the applicable an- section 205(b) of the REAL ID Act of 2005 be for tribal colleges and universities: Pro- nual rate of basic pay payable under section (Public Law 109–13; 49 U.S.C. 30301 note) shall vided further, That such amount is des- 5307 of title 5, United States Code, the head extend the deadline by which States are re- ignated by the Congress as being for an of an Executive agency shall not include pay quired to meet the driver license and identi- emergency requirement pursuant to section exempted under this section. fication card issuance requirements under 251(b)(2)(A)(i) of the Balanced Budget and (d) LIMITATION OF PAY AUTHORITY.—Pay exempted from otherwise applicable limits section 202(a)(1) of such Act until not earlier Emergency Deficit Control Act of 1985. under subsection (a) shall not cause the ag- than September 30, 2021. DEPARTMENTAL OFFICES SEC. 16007. Section 5 of the Protecting and gregate pay earned for the calendar year in OFFICE OF THE SECRETARY which the exempted pay is earned to exceed Securing Chemical Facilities from Terrorist DEPARTMENTAL OPERATIONS the rate of basic pay payable for a position Attacks Act of 2014 (Public Law 113–254; 6 at level II of the Executive Schedule under U.S.C. 621 note) is amended by striking ‘‘the (INCLUDING TRANSFERS OF FUNDS) date that is 5 years and 3 months after the section 5313 of title 5, United States Code. For an additional amount for ‘‘Depart- effective date of this Act’’ and inserting (e) EFFECTIVE DATE.—This section shall mental Operations’’, $158,400,000, to remain ‘‘July 23, 2020’’: Provided, That the amount take effect as if enacted on January 1, 2020. available until September 30, 2021, to pre- provided by this section is designated by the SEC. 16004. (a) Amounts provided for ‘‘Coast vent, prepare for, and respond to Congress as being for an emergency require- Guard—Operations and Support’’ in the Con- coronavirus, domestically or internation- ment pursuant to section 251(b)(2)(A)(i) of solidated Appropriations Act, 2020 (Public ally, including, but not limited to, funds for the Balanced Budget and Emergency Deficit Law 116–93) may be available for pay and purchasing equipment and supplies to dis- Control Act of 1985. benefits of Coast Guard Yard and Vessel Doc- infect and clean buildings and public areas, umentation personnel, Non-Appropriated TITLE VII supporting law enforcement and emergency Funds personnel, and for Morale, Welfare and DEPARTMENT OF THE INTERIOR management operations, biosurveillance of Recreation Programs. (b) No amounts may be used under this sec- INDIAN AFFAIRS wildlife and environmental persistence stud- tion from amounts that were designated by BUREAU OF INDIAN AFFAIRS ies, employee overtime and special pay expenses, and other response, mitigation, or re- the Congress for Overseas Contingency Oper- OPERATION OF INDIAN PROGRAMS covery activities: Provided, That funds appro- ations/Global War on Terrorism pursuant to (INCLUDING TRANSFERS OF FUNDS) the Concurrent Resolution on the Budget or priated under this heading in this Act shall For an additional amount for ‘‘Operation the Balanced Budget and Emergency Deficit be used to absorb increased operational costs of Indian Programs’’, $453,000,000, to remain Control Act of 1985. necessary to prevent, prepare for, and re- available until September 30, 2021, to pre- SEC. 16005. (a) Notwithstanding any other spond to coronavirus, domestically or inter- provision of law regarding the licensure of vent, prepare for, and respond to nationally: Provided further, That the Sec- health-care providers, a health-care profes- coronavirus, domestically or internation- retary of the Interior may transfer the funds sional described in subsection (b) may prac- ally, including, but not limited to, funds for provided under this heading in this Act to tice the health profession or professions of public safety and justice programs, executive any other account in the Department to pre- the health-care professional at any location direction to carry out deep cleaning of facili- vent, prepare for, and respond to in any State, the District of Columbia, or ties, purchase of personal protective equip- coronavirus, domestically or internation- Commonwealth, territory, or possession of ment, purchase of information technology to ally, and may expend such funds directly or the United States, or any location des- improve teleworking capability, welfare as- through cooperative agreements: Provided ignated by the Secretary, regardless of where sistance and social services programs (in- further, That the Secretary shall provide a such health-care professional or the patient cluding assistance to individuals), and assist- monthly report to the Committees on Appro- is located, so long as the practice is within ance to tribal governments, including tribal priations of the House of Representatives the scope of the authorized Federal duties of governments who participate in the ‘‘Small and the Senate detailing the allocation and such health-care professional. and Needy’’ program: Provided, That obligation of these funds by account, begin- (b) DEFINITION.—As used in this section, amounts received from funds provided under ning not later than 90 days after enactment the term ‘‘health-care professional’’ means this heading in this Act for welfare assist- of this Act: Provided further, That as soon as an individual (other than a member of the ance programs shall not be included in the practicable after the date of enactment of Coast Guard, a civilian employee of the statutory maximum for welfare assistance this Act, the Secretary shall transfer Coast Guard, member of the Public Health funds included in Public Law 116–94, the Fur- $1,000,000 to the Office of the Inspector Gen- Service who is assigned to the Coast Guard, ther Consolidated Appropriations Act, 2020: eral, ‘‘Salaries and Expenses’’ account for or an individual with whom the Secretary, Provided further, That assistance received oversight activities related to the implemen- pursuant to 10 U.S.C. 1091, has entered into a from funds provided under this heading in tation of programs, activities or projects personal services contract to carry out this Act shall not be included in the calcula- funded herein: Provided further, That such health care responsibilities of the Secretary tion of funds received by those tribal govern- amount is designated by the Congress as at a medical treatment facility of the Coast ments who participate in the ‘‘Small and being for an emergency requirement pursu- Guard) who— Needy’’ program: Provided further, That of ant to section 251(b)(2)(A)(i) of the Balanced (1) is— the amounts provided under this heading in Budget and Emergency Deficit Control Act (A) an employee of the Department of this Act, not less than $400,000,000 shall be of 1985. Homeland Security, made available to meet the direct needs of INSULAR AFFAIRS (B) a detailee to the Department from an- tribes: Provided further, That amounts pro- other Federal agency, vided under this heading in this Act may be ASSISTANCE TO TERRITORIES (C) a personal services contractor of the made available for distribution through trib- For an additional amount for ‘‘Assistance Department, or al priority allocations for tribal response and to Territories’’, $55,000,000, to remain avail- (D) hired under a Contract for Services; capacity building activities: Provided further, able until September 30, 2021, to prevent, pre- (2) performs health care services as part of That funds provided under this heading in pare for, and respond to coronavirus, domes- duties of the individual in that capacity; this Act, if transferred to tribes and tribal tically or internationally, for general tech- (3) has a current, valid, and unrestricted organizations under the Indian Self-Deter- nical assistance: Provided, That such amount equivalent license certification that is— mination and Education Assistance Act, will is designated by the Congress as being for an (A) issued by a State, the District of Co- be transferred on a one-time basis and that emergency requirement pursuant to section lumbia, or a Commonwealth, territory, or these non-recurring funds are not part of the 251(b)(2)(A)(i) of the Balanced Budget and possession of the United States; and amount required by 25 U.S.C. § 5325: Provided Emergency Deficit Control Act of 1985.

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2137 ENVIRONMENTAL PROTECTION AGENCY abandoned or failed experiments associated under this heading in this Act, not less than SCIENCE AND TECHNOLOGY with employee restrictions due to the $450,000,000 shall be distributed through IHS coronavirus outbreak: Provided, That directly operated programs and to tribes and For an additional amount for ‘‘Science and amounts provided under this heading in this tribal organizations under the Indian Self- Technology’’, $2,250,000, to remain available Act shall be allocated at the discretion of Determination and Education Assistance Act until September 30, 2021, to prevent, prepare the Chief of the Forest Service: Provided fur- and through contracts or grants with urban for, and respond to coronavirus, domestically ther, That such amount is designated by the Indian organizations under title V of the In- or internationally: Provided, That of the Congress as being for an emergency require- dian Health Care Improvement Act: Provided amount provided under this heading in this ment pursuant to section 251(b)(2)(A)(i) of further, That any amounts provided in this Act, $750,000 shall be for necessary expenses the Balanced Budget and Emergency Deficit paragraph not allocated pursuant to the pre- for cleaning and disinfecting equipment or Control Act of 1985. ceding proviso shall be allocated at the dis- facilities of, or for use by, the Environ- cretion of the Director of the Indian Health mental Protection Agency, and $1,500,000 NATIONAL FOREST SYSTEM Service: Provided further, That of the funds shall be for research on methods to reduce For an additional amount for ‘‘National provided herein, up to $125,000,000 may be the risks from environmental transmission Forest System’’, $34,000,000, to remain avail- transferred to and merged with the ‘‘Indian of coronavirus via contaminated surfaces or able until September 30, 2021, to prevent, pre- Health Service, Indian Health Facilities’’ ap- materials: Provided further, That such pare for, and respond to coronavirus, domes- propriation at the discretion of the Director amount is designated by the Congress as tically or internationally, including for for the purposes specified in this Act: Pro- being for an emergency requirement pursu- cleaning and disinfecting of public recre- vided further, That amounts provided under ant to section 251(b)(2)(A)(i) of the Balanced ation amenities and for personal protective this heading in this Act, if transferred to Budget and Emergency Deficit Control Act equipment and baseline health testing for tribes and tribal organizations under the In- of 1985. first responders: Provided, That amounts pro- dian Self-Determination and Education As- ENVIRONMENTAL PROGRAMS AND MANAGEMENT vided under this heading in this Act shall be allocated at the discretion of the Chief of the sistance Act, will be transferred on a one- For an additional amount for ‘‘Environ- Forest Service: Provided further, That such time basis and that these non-recurring mental Programs and Management’’, amount is designated by the Congress as funds are not part of the amount required by $3,910,000, to remain available until Sep- being for an emergency requirement pursu- 25 U.S.C. § 5325, and that such amounts may tember 30, 2021, to prevent, prepare for, and ant to section 251(b)(2)(A)(i) of the Balanced only be used for the purposes identified respond to coronavirus, domestically or Budget and Emergency Deficit Control Act under this heading notwithstanding any internationally: Provided, That of the of 1985. other provision of law: Provided further, That amount provided under this heading in this such amount is designated by the Congress Act, $2,410,000 shall be for necessary expenses CAPITAL IMPROVEMENT AND MAINTENANCE as being for an emergency requirement pur- for cleaning and disinfecting equipment or For an additional amount for ‘‘Capital Im- suant to section 251(b)(2)(A)(i) of the Bal- facilities of, or for use by, the Environ- provement and Maintenance’’, $26,800,000, to anced Budget and Emergency Deficit Control mental Protection Agency, and operational remain available until September 30, 2021, to Act of 1985. prevent, prepare for, and respond to continuity of Environmental Protection AGENCY FOR TOXIC SUBSTANCES AND DISEASE coronavirus, domestically or internation- Agency programs and related activities, and REGISTRY $1,500,000 shall be for expediting registration ally, including for janitorial services: Pro- TOXIC SUBSTANCES AND ENVIRONMENTAL and other actions related to pesticides to ad- vided, That amounts provided under this PUBLIC HEALTH dress coronavirus: Provided further, That heading in this Act shall be allocated at the such amount is designated by the Congress discretion of the Chief of the Forest Service: For an additional amount for ‘‘Toxic Sub- as being for an emergency requirement pur- Provided further, That such amount is des- stances and Environmental Public Health’’, suant to section 251(b)(2)(A)(i) of the Bal- ignated by the Congress as being for an $12,500,000, to remain available until Sep- anced Budget and Emergency Deficit Control emergency requirement pursuant to section tember 30, 2021, to prevent, prepare for, and Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and respond to coronavirus, domestically or Emergency Deficit Control Act of 1985. internationally: Provided, That $7,500,000 of BUILDINGS AND FACILITIES WILDLAND FIRE MANAGEMENT the funds provided under this heading in this For an additional amount for ‘‘Buildings Act shall be for necessary expenses of the For an additional amount for ‘‘Wildland and Facilities’’, $300,000, to remain available Geospatial Research, Analysis and Services Fire Management’’, $7,000,000, to remain until September 30, 2021, to prevent, prepare Program to support spatial analysis and Ge- available until September 30, 2021, to pre- for, and respond to coronavirus, domestically ographic Information System mapping of invent, prepare for, and respond to or internationally: Provided, That the funds fectious disease hot spots, including cruise coronavirus, domestically or internation- provided under this heading in this Act shall ships: Provided further, That $5,000,000 of the ally, including for personal protective equip- be for necessary expenses for cleaning and funds provided under this heading in this Act ment and baseline health testing for first re- disinfecting equipment or facilities of, or for shall be for necessary expenses for awards to sponders: Provided, That amounts provided use by, the Environmental Protection Agen- Pediatric Environmental Health Specialty under this heading in this Act shall be allo- cy: Provided further, That such amount is Units and state health departments to pro- cated at the discretion of the Chief of the designated by the Congress as being for an vide guidance and outreach on safe practices Forest Service: Provided further, That such emergency requirement pursuant to section for disinfection for home, school, and amount is designated by the Congress as 251(b)(2)(A)(i) of the Balanced Budget and daycare facilities: Provided further, That being for an emergency requirement pursu- Emergency Deficit Control Act of 1985. such amount is designated by the Congress ant to section 251(b)(2)(A)(i) of the Balanced HAZARDOUS SUBSTANCE SUPERFUND as being for an emergency requirement pur- Budget and Emergency Deficit Control Act suant to section 251(b)(2)(A)(i) of the Bal- For an additional amount for ‘‘Hazardous of 1985. Substance Superfund’’, $770,000, to remain anced Budget and Emergency Deficit Control DEPARTMENT OF HEALTH AND HUMAN Act of 1985. available until September 30, 2021, to pre- SERVICES vent, prepare for, and respond to OTHER RELATED AGENCIES INDIAN HEALTH SERVICE coronavirus, domestically or internation- INSTITUTE OF AMERICAN INDIAN AND ALASKA ally: Provided, That the funds provided under INDIAN HEALTH SERVICES NATIVE CULTURE AND ARTS DEVELOPMENT this heading in this Act shall be for nec- (INCLUDING TRANSFERS OF FUNDS) PAYMENT TO THE INSTITUTE essary expenses for cleaning and disinfecting For an additional amount for ‘‘Indian equipment or facilities of, or for use by, the For an additional amount for ‘‘Payment to Health Services’’, $1,032,000,000, to remain the Institute’’, $78,000, to remain available Environmental Protection Agency: Provided available until September 30, 2021, to pre- further, That such amount is designated by until September 30, 2021, to prevent, prepare vent, prepare for, and respond to for, and respond to coronavirus, domestically the Congress as being for an emergency re- coronavirus, domestically or internation- quirement pursuant to section 251(b)(2)(A)(i) or internationally: Provided, That such ally, including for public health support, amount is designated by the Congress as of the Balanced Budget and Emergency Def- electronic health record modernization, tele- icit Control Act of 1985. being for an emergency requirement pursu- health and other information technology up- ant to section 251(b)(2)(A)(i) of the Balanced RELATED AGENCIES grades, Purchased/Referred Care, Cata- Budget and Emergency Deficit Control Act DEPARTMENT OF AGRICULTURE strophic Health Emergency Fund, Urban In- of 1985. dian Organizations, Tribal Epidemiology FOREST SERVICE SMITHSONIAN INSTITUTION Centers, Community Health Representatives, FOREST AND RANGELAND RESEARCH and other activities to protect the safety of SALARIES AND EXPENSES For an additional amount for ‘‘Forest and patients and staff: Provided, That of the For an additional amount for ‘‘Salaries Rangeland Research’’, $3,000,000, to remain amount provided under this heading in this and Expenses’’, $7,500,000, to remain avail- available until September 30, 2021, to pre- Act, up to $65,000,000 is for electronic health able until September 30, 2021, to prevent, prevent, prepare for, and respond to record stabilization and support, including pare for, and respond to coronavirus, domes- coronavirus, domestically or internation- for planning and tribal consultation: Pro- tically or internationally, including funding ally, including for the reestablishment of vided further, That of amounts provided for deep cleaning, security, information

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2138 CONGRESSIONAL RECORD — SENATE March 25, 2020 technology, and staff overtime: Provided, distributed to state humanities councils and DEPARTMENT OF HEALTH AND HUMAN That such amount is designated by the Con- 60 percent of such funds shall be for direct SERVICES gress as being for an emergency requirement grants: Provided further, That notwith- CENTERS FOR DISEASE CONTROL AND pursuant to section 251(b)(2)(A)(i) of the Bal- standing any other provision of law, such PREVENTION anced Budget and Emergency Deficit Control funds may also be used by the recipients of CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT Act of 1985. such grants for purposes of the general oper- (INCLUDING TRANSFER OF FUNDS) ations of such recipients: Provided further, JOHN F. KENNEDY CENTER FOR THE For an additional amount for ‘‘CDC-Wide PERFORMING ARTS That the matching requirements under sub- Activities and Program Support’’, OPERATIONS AND MAINTENANCE section (h)(2)(A) of section 7 of the National $4,300,000,000, to remain available until Sep- Foundation on the Arts and Humanities Act For an additional amount for ‘‘Operations tember 30, 2024, to prevent, prepare for, and and Maintenance’’, $25,000,000, to remain of 1965 may be waived with respect to such respond to coronavirus, domestically or available until September 30, 2021, to pre- grants: Provided further, That such amount is internationally: Provided, That not less than vent, prepare for, and respond to designated by the Congress as being for an $1,500,000,000 of the amount provided under coronavirus, domestically or internation- emergency requirement pursuant to section this heading in this Act shall be for grants to ally, including funding for deep cleaning and 251(b)(2)(A)(i) of the Balanced Budget and or cooperative agreements with States, lo- information technology to improve telework Emergency Deficit Control Act of 1985. calities, territories, tribes, tribal organizations, urban Indian health organizations, or capability and for operations and mainte- TITLE VIII nance requirements related to the con- health service providers to tribes, including sequences of coronavirus: Provided, That not- DEPARTMENT OF LABOR to carry out surveillance, epidemiology, lab- withstanding the provisions of 20 U.S.C. 76h oratory capacity, infection control, mitiga- et seq., funds provided under this heading in EMPLOYMENT AND TRAINING ADMINISTRATION tion, communications, and other preparedness and response activities: Provided further, this Act shall be made available to cover op- TRAINING AND EMPLOYMENT SERVICES erating expenses required to ensure the con- That every grantee that received a Public tinuity of the John F. Kennedy Center for For an additional amount for ‘‘Training Health Emergency Preparedness grant for the Performing Arts and its affiliates, in- and Employment Services’’, $345,000,000, to fiscal year 2019 shall receive not less than 100 cluding for employee compensation and ben- remain available through September 30, 2022, percent of that grant level from funds pro- efits, grants, contracts, payments for rent or to prevent, prepare for, and respond to vided in the first proviso under this heading utilities, fees for artists or performers, infor- coronavirus, domestically or internation- in this Act: Provided further, That of the mation technology, and other administrative ally, for necessary expenses for the dis- amount in the first proviso, not less than $125,000,000 shall be allocated to tribes, tribal expenses: Provided further, That no later than located workers assistance national reserve: organizations, urban Indian health organiza- October 31, 2020, the Board of Trustees of the Provided, That the funds provided under this tions, or health service providers to tribes: Center shall submit a report to the Commit- heading in this Act may be used to replace Provided further, That the Director of the tees on Appropriations of the House of Rep- grant funds previously obligated to the im- resentatives and Senate that includes a de- Centers for Disease Control and Prevention pacted areas: Provided further, That such (‘‘CDC’’) may satisfy the funding thresholds tailed explanation of the distribution of the amount is designated by the Congress as funds provided herein: Provided further, That outlined in the preceding two provisos by being for an emergency requirement pursu- making awards through other grant or coop- such amount is designated by the Congress ant to section 251(b)(2)(A)(i) of the Balanced as being for an emergency requirement pur- erative agreement mechanisms: Provided fur- Budget and Emergency Deficit Control Act ther, That of the amount provided under this suant to section 251(b)(2)(A)(i) of the Bal- of 1985. anced Budget and Emergency Deficit Control heading in this Act, not less than $500,000,000 shall be for global disease detection and Act of 1985. DEPARTMENTAL MANAGEMENT emergency response: Provided further, That of NATIONAL FOUNDATION ON THE ARTS AND SALARIES AND EXPENSES the amount provided under this heading in HUMANITIES this Act, not less than $500,000,000 shall be NATIONAL ENDOWMENT FOR THE ARTS (INCLUDING TRANSFER OF FUNDS) for public health data surveillance and ana- GRANTS AND ADMINISTRATION For an additional amount for ‘‘Depart- lytics infrastructure modernization: Provided For an additional amount for ‘‘Grants and mental Management’’, $15,000,000, to remain further, That CDC shall report to the Com- Administration’’, $75,000,000, to remain avail- available through September 30, 2022, to pre- mittees on Appropriations of the House of able until September 30, 2021, to prevent, prevent, prepare for, and respond to Representatives and the Senate on the development of a public health surveillance and pare for, and respond to coronavirus, domes- coronavirus, including to enforce worker data collection system for coronavirus with- tically or internationally, to be distributed protection laws and regulations, and to over- in 30 days of enactment of this Act: Provided in grants: Provided, That such funds are see and coordinate activities related to divi- further, That of the amount provided under available under the same terms and condi- sion C, division D, division E, and division F this heading in this Act, $300,000,000 shall be tions as grant funding appropriated to this of Public Law 116–127: Provided, That the transferred to and merged with amounts in heading in Public Law 116–94: Provided fur- Secretary of Labor may transfer the ther, That 40 percent of such funds shall be the Infectious Diseases Rapid Response Re- amounts provided under this heading in this serve Fund (‘‘Reserve Fund’’), established by distributed to State arts agencies and re- Act as necessary to ‘‘Employee Benefits Se- gional arts organizations and 60 percent of section 231 of division B of Public Law 115– curity Administration’’, ‘‘Wage and Hour Di- 245: Provided further, That the Secretary of such funds shall be for direct grants: Pro- vision’’, ‘‘Occupational Safety and Health vided further, That notwithstanding any Health and Human Services, in consultation Administration’’, and ‘‘Employment and with the Director of the CDC, shall provide a other provision of law, such funds may also Training Administration—Program Adminis- be used by the recipients of such grants for report to the Committees on Appropriations tration’’ to prevent, prepare for, and respond of the House of Representatives and the Sen- purposes of the general operations of such re- to coronavirus, including for enforcement, cipients: Provided further, That the matching ate every 14 days, for one year from the date oversight, and coordination activities in from any such declaration or determination requirements under subsections (e), (g)(4)(A), those accounts: Provided further, That of the and (p)(3) of section 5 of the National Foun- described in the third proviso of section 231 amount provided under this heading in this of division B of Public Law 115–245, that de- dation on the Arts and Humanities Act of Act, $1,000,000, to remain available until ex- 1965 (20 U.S.C. 954) may be waived with re- tails commitment and obligation informa- pended, shall be transferred to ‘‘Office of In- spect to such grants: Provided further, That tion for the Reserve Fund during the prior spector General’’ for oversight of activities such amount is designated by the Congress two weeks, as long as such report would de- related to Public Law 116–127 and for over- as being for an emergency requirement pur- tail obligations in excess of $5,000,000, and sight activities supported with funds appro- suant to section 251(b)(2)(A)(i) of the Bal- upon the request by such Committees: Pro- priated to the Department of Labor to pre- anced Budget and Emergency Deficit Control vided further, That funds appropriated under vent, prepare for, and respond to Act of 1985. this heading in this Act may be used for coronavirus: Provided further, That 15 days grants for the rent, lease, purchase, acquisi- NATIONAL ENDOWMENT FOR THE HUMANITIES prior to transferring any funds pursuant to tion, construction, alteration, or renovation GRANTS AND ADMINISTRATION the previous provisos under the heading in of non-federally owned facilities to improve For an additional amount for ‘‘Grants and this Act, the Secretary shall provide to the preparedness and response capability at the Administration’’, $75,000,000, to remain avail- Committees on Appropriations of the House State and local level: Provided further, That able until September 30, 2021, to prevent, pre- of Representatives and the Senate an oper- funds provided under this heading in this Act pare for, and respond to coronavirus, domes- ating plan describing the planned uses of may be used for purchase and insurance of tically or internationally, to be distributed each amount proposed to be transferred: Pro- official motor vehicles in foreign countries: in grants: Provided, That such funds are vided further, That such amount is des- Provided further, That such amount is des- available under the same terms and condi- ignated by the Congress as being for an ignated by the Congress as being for an tions as grant funding appropriated to this emergency requirement pursuant to section emergency requirement pursuant to section heading in Public Law 116–94: Provided fur- 251(b)(2)(A)(i) of the Balanced Budget and 251(b)(2)(A)(i) of the Balanced Budget and ther, That 40 percent of such funds shall be Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985.

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2139

NATIONAL INSTITUTES OF HEALTH SUBSTANCE ABUSE AND MENTAL HEALTH not supplant State, Territory, and Tribal ERVICES DMINISTRATION general revenue funds for child care assist- NATIONAL HEART, LUNG, AND BLOOD INSTITUTE S A HEALTH SURVEILLANCE AND PROGRAM SUPPORT ance for low-income families within the For an additional amount for ‘‘National United States (including territories) without For an additional amount for ‘‘Heath Sur- Heart, Lung, and Blood Institute’’, regard to requirements in sections veillance and Program Support’’, $425,000,000, $103,400,000, to remain available until Sep- 658E(c)(3)(D)–(E) or 658G of the Child Care to remain available through September 30, tember 30, 2024, to prevent, prepare for, and and Development Block Grant Act: Provided, 2021, to prevent, prepare for, and respond to respond to coronavirus, domestically or That funds provided under this heading in coronavirus, domestically or internation- internationally: Provided, That such amount this Act may be used to provide continued ally: , That of the amount appro- is designated by the Congress as being for an Provided payments and assistance to child care pro- emergency requirement pursuant to section priated under this heading in this Act, not viders in the case of decreased enrollment or 251(b)(2)(A)(i) of the Balanced Budget and less than $250,000,000 is available for Certified closures related to coronavirus, and to as- Emergency Deficit Control Act of 1985. Community Behavioral Health Clinic Expan- sure they are able to remain open or reopen sion Grant program: Provided further, That of as appropriate and applicable: Provided fur- NATIONAL INSTITUTE OF ALLERGY AND the amount appropriated under this heading INFECTIOUS DISEASES ther, That States, Territories, and Tribes are in this Act, not less than $50,000,000 shall be encouraged to place conditions on payments For an additional amount for ‘‘National In- available for suicide prevention programs: to child care providers that ensure that child stitute of Allergy and Infectious Diseases’’, Provided further, That of the amount appro- care providers use a portion of funds received $706,000,000, to remain available until Sep- priated under this heading in this Act, not to continue to pay the salaries and wages of tember 30, 2024, to prevent, prepare for, and less than $100,000,000 is available for activi- staff: Provided further, That the Secretary respond to coronavirus, domestically or ties authorized under section 501(o) of the shall remind States that CCDBG State plans internationally: Provided, That not less than Public Health Service Act: Provided further, do not need to be amended prior to utilizing $156,000,000 of the amounts provided under That of the funding made available under existing authorities in the CCDBG Act for this heading in this Act shall be provided for this heading in this Act, not less than the purposes provided herein: Provided fur- the study of, construction of, demolition of, $15,000,000 shall be allocated to tribes, tribal ther, That States, Territories, and Tribes are renovation of, and acquisition of equipment organizations, urban Indian health organiza- authorized to use funds appropriated under for, vaccine and infectious diseases research tions, or health or behavioral health service this heading in this Act to provide child care facilities of or used by NIH, including the ac- providers to tribes: Provided further, That assistance to health care sector employees, quisition of real property: Provided further, such amount is designated by the Congress emergency responders, sanitation workers, That such amount is designated by the Con- as being for an emergency requirement pur- and other workers deemed essential during gress as being for an emergency requirement suant to section 251(b)(2)(A)(i) of the Bal- the response to coronavirus by public offi- pursuant to section 251(b)(2)(A)(i) of the Bal- anced Budget and Emergency Deficit Control cials, without regard to the income eligi- anced Budget and Emergency Deficit Control Act of 1985. bility requirements of section 658P(4) of such Act of 1985. CENTERS FOR MEDICARE & MEDICAID SERVICES Act: Provided further, That funds appro- NATIONAL INSTITUTE OF BIOMEDICAL IMAGING PROGRAM MANAGEMENT priated under this heading in this Act shall AND BIOENGINEERING be available to eligible child care providers For an additional amount for ‘‘Program under section 658P(6) of the CCDBG Act, even For an additional amount for ‘‘National In- Management’’, $200,000,000, to remain avail- if such providers were not receiving CCDBG stitute of Biomedical Imaging and Bio- able through September 30, 2023, to prevent, assistance prior to the public health emer- engineering’’, $60,000,000, to remain available prepare for, and respond to coronavirus, do- gency as a result of the coronavirus, for the until September 30, 2024, to prevent, prepare mestically and internationally: Provided, purposes of cleaning and sanitation, and for, and respond to coronavirus, domestically That of the amount appropriated under this other activities necessary to maintain or re- or internationally: Provided, That such heading in this Act, not less than $100,000,000 sume the operation of programs: Provided amount is designated by the Congress as shall be available for necessary expenses of further, That payments made under this being for an emergency requirement pursu- the survey and certification program, heading in this Act may be obligated in this ant to section 251(b)(2)(A)(i) of the Balanced prioritizing nursing home facilities in local- fiscal year or the succeeding two fiscal Budget and Emergency Deficit Control Act ities with community transmission of years: Provided further, That funds appro- of 1985. coronavirus: Provided further, That such priated under this heading in this Act may amount is designated by the Congress as NATIONAL LIBRARY OF MEDICINE be made available to restore amounts, either being for an emergency requirement pursu- directly or through reimbursement, for obli- For an additional amount for ‘‘National ant to section 251(b)(2)(A)(i) of the Balanced gations incurred to prevent, prepare for, and Library of Medicine’’, $10,000,000, to remain Budget and Emergency Deficit Control Act respond to coronavirus, domestically or available until September 30, 2024, to pre- of 1985. internationally, prior to the date of enact- vent, prepare for, and respond to ADMINISTRATION FOR CHILDREN AND FAMILIES ment of this Act: Provided further, That such coronavirus, domestically or internation- amount is designated by the Congress as ally: Provided, That such amount is des- LOW INCOME HOME ENERGY ASSISTANCE being for an emergency requirement pursu- ignated by the Congress as being for an For an additional amount for ‘‘Low Income ant to section 251(b)(2)(A)(i) of the Balanced emergency requirement pursuant to section Home Energy Assistance’’, $900,000,000, to re- Budget and Emergency Deficit Control Act main available through September 30, 2021, 251(b)(2)(A)(i) of the Balanced Budget and of 1985. Emergency Deficit Control Act of 1985. to prevent, prepare for, or respond to coronavirus, domestically or internation- CHILDREN AND FAMILIES SERVICES PROGRAMS NATIONAL CENTER FOR ADVANCING ally, for making payments under subsection For an additional amount for ‘‘Children TRANSLATIONAL SCIENCES (b) of section 2602 of the Low-Income Home and Families Services Programs’’, For an additional amount for ‘‘National Energy Assistance Act of 1981 (42 U.S.C. 8621 $1,874,000,000, to remain available through Center for Advancing Translational et seq.): Provided, That of the amount pro- September 30, 2021, to prevent, prepare for, Sciences’’, $36,000,000, to remain available vided under this heading in this Act, and respond to coronavirus, domestically or until September 30, 2024, to prevent, prepare $225,000,000 shall be allocated as though the internationally, which shall be used as fol- for, and respond to coronavirus, domestically total appropriation for such payments for lows: (1) $1,000,000,000 for carrying out activi- or internationally: Provided, That such fiscal year 2020 was less than $1,975,000,000: ties under sections 674 through 679 of the amount is designated by the Congress as Provided further, That section 2607(b)(2)(B) of Community Services Block Grant Act, in- being for an emergency requirement pursu- such Act (42 U.S.C. 8626(b)(2)(B)) shall not cluding for federal administrative expenses, ant to section 251(b)(2)(A)(i) of the Balanced apply to funds made available under this and of which no part shall be subject to sec- Budget and Emergency Deficit Control Act heading in this Act in fiscal year 2020: Pro- tion 674(b)(3) of such Act: Provided, That to of 1985. vided further, That such amount is des- the extent Community Services Block Grant funds are distributed as grant funds by a OFFICE OF THE DIRECTOR ignated by the Congress as being for an emergency requirement pursuant to section State to an eligible entity as provided under For an additional amount for ‘‘Office of the 251(b)(2)(A)(i) of the Balanced Budget and such Act, and have not been expended by Director’’, $30,000,000, to remain available Emergency Deficit Control Act of 1985. such entity, they shall remain with such en- until September 30, 2024, to prevent, prepare tity for carryover into the next two fiscal for, and respond to coronavirus, domestically PAYMENTS TO STATES FOR THE CHILD CARE AND years for expenditure by such entity con- or internationally: Provided, That these DEVELOPMENT BLOCK GRANT sistent with program purpose: Provided fur- funds shall be available for the Common For an additional amount for ‘‘Payments ther, That for services furnished under such Fund established under section 402A(c)(1) of to States for the Child Care and Develop- Act during fiscal years 2020 and 2021, States the PHS Act: Provided further, That such ment Block Grant’’, $3,500,000,000, to remain may apply the last sentence of section 673(2) amount is designated by the Congress as available through September 30, 2021, to pre- of such Act by substituting ‘‘200 percent’’ for being for an emergency requirement pursu- vent, prepare for, and respond to ‘‘125 percent’’; (2) $750,000,000 for making pay- ant to section 251(b)(2)(A)(i) of the Balanced coronavirus, domestically or internation- ments under the Head Start Act, including Budget and Emergency Deficit Control Act ally, including for federal administrative ex- for Federal administrative expenses, and al- of 1985. penses, which shall be used to supplement, located in an amount that bears the same

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2140 CONGRESSIONAL RECORD — SENATE March 25, 2020 ratio to such portion as the number of en- shall be for aging and disability resource Health and Human Services, be deposited in rolled children served by the agency involved centers authorized in sections 202(b) and 411 the Strategic National Stockpile under sec- bears to the number of enrolled children by of the OAA to prevent, prepare for, and re- tion 319F–2 of the Public Health Service Act: all Head Start agencies: Provided further, spond to coronavirus: Provided further, That Provided further, That of the amount appro- That none of the funds appropriated in this of the amount made available under this priated under this paragraph in this Act, not paragraph shall be included in the calcula- heading in this Act to prevent, prepare for, more than $16,000,000,000 shall be for the tion of the ‘‘base grant’’ in subsequent fiscal and respond to coronavirus, $85,000,000 shall Strategic National Stockpile under section years, as such term is defined in sections be available for centers for independent liv- 319F–2(a) of such Act: Provided further, That 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the ing that have received grants funded under funds appropriated under this paragraph in Head Start Act: Provided further, That funds part C of chapter I of title VII of the Reha- this Act may be transferred to, and merged appropriated in this paragraph are not sub- bilitation Act of 1973: Provided further, That with, the fund authorized by section 319F–4, ject to the allocation requirements of sec- to facilitate State use of funds provided the Covered Countermeasure Process Fund, tion 640(a) of the Head Start Act: Provided under this heading in this Act, matching re- of the Public Health Service Act: Provided further, That up to $500,000,000 shall be avail- quirements under sections 304(d)(1)(D) and further, That of the amount appropriated able for the purpose of operating supple- 373(g)(2) of the OAA shall not apply to funds under this paragraph in this Act, not less mental summer programs through non-com- made available under this heading in this than $250,000,000 shall be available for grants petitive grant supplements to existing grant- Act: Provided further, That the transfer au- to or cooperative agreements with entities ees determined to be most ready to operate thority under section 308(b)(4)(A) of the OAA that are either grantees or sub-grantees of those programs by the Office of Head Start; shall apply to funds made available under the Hospital Preparedness Program author- (3) $2,000,000 for the National Domestic Vio- this heading in this Act by substituting ‘‘100 ized in section 319C–2 of the Public Health lence Hotline as authorized by section 303(b) percent’’ for ‘‘40 percent’’: Provided further, Service Act or that meet such other criteria of the Family Violence Prevention and Serv- That the State Long-Term Care Ombudsman as the Secretary may prescribe, with such ices Act: Provided further, That the Secretary shall have continuing direct access (or other awards issued under such section or section may make such funds available for providing access through the use of technology) to 311 of such Act: Provided further, That of the hotline services remotely; (4) $45,000,000 for residents of long-term care facilities during amount provided under this paragraph in Family Violence Prevention and Services any portion of the public health emergency this Act, not less than $3,500,000,000 shall be formula grants as authorized by section relating to coronavirus beginning on the available to the Biomedical Advanced Re- 303(a) of the Family Violence and Prevention date of enactment of this Act and ending on search and Development Authority for nec- and Services Act with such funds available September 30, 2020, to provide services de- essary expenses of manufacturing, produc- to grantees without regard to matching re- scribed in section 712(a)(3)(B) of the OAA: tion, and purchase, at the discretion of the quirements under section 306(c)(4) of such Provided further, That such amount is des- Secretary, of vaccines, therapeutics, Act: Provided further, That the Secretary ignated by the Congress as being for an diagnostics, and small molecule active phar- may make such funds available for providing emergency requirement pursuant to section maceutical ingredients, including the devel- temporary housing and assistance to victims 251(b)(2)(A)(i) of the Balanced Budget and opment, translation, and demonstration at of family, domestic, and dating violence; (5) Emergency Deficit Control Act of 1985. scale of innovations in manufacturing plat- $25,000,000 for carrying out activities under OFFICE OF THE SECRETARY forms: Provided further, That funds in the previous proviso may be used for the con- the Runaway and Homeless Youth Act: Pro- PUBLIC HEALTH AND SOCIAL SERVICES struction or renovation of U.S.-based next vided further, That such amounts shall be EMERGENCY FUND generation manufacturing facilities, other used to supplement, not supplant, existing (INCLUDING TRANSFER OF FUNDS) funds and shall be available without regard than facilities owned by the United States For an additional amount for ‘‘Public to matching requirements; (6) $45,000,000 Government: Provided further, That of the Health and Social Services Emergency shall be used for child welfare services as au- amount appropriated under this paragraph in Fund’’, $27,014,500,000, to remain available thorized by subpart 1 of part B of title IV of this Act, funds may be used to reimburse the until September 30, 2024, to prevent, prepare the Social Security Act (other than sections Department of Veterans Affairs for expenses for, and respond to coronavirus, domestically 426, 427, and 429 of such subpart), with such incurred by the Veterans Health Administra- or internationally, including the develop- funds available to grantees without regard to tion to prevent, prepare for, and respond to ment of necessary countermeasures and vac- matching requirements under section 424(a) coronavirus, and to provide medical care for cines, prioritizing platform-based tech- of that Act or any applicable reductions in such purposes to individuals not otherwise nologies with U.S.-based manufacturing ca- federal financial participation under section eligible for care: Provided further, That funds pabilities, the purchase of vaccines, thera- 424(f) of that Act; and (7) $7,000,000 for Fed- used for the preceding proviso shall be made peutics, diagnostics, necessary medical sup- eral administrative expenses: Provided fur- available to reimburse the Department of plies, as well as medical surge capacity, ad- Veterans Affairs only if the Secretary of ther, That funds appropriated under this dressing blood supply chain, workforce mod- Health and Human Services certifies to the heading in this Act may be made available to ernization, telehealth access and infrastruc- Committees on Appropriations of the House restore amounts, either directly or through ture, initial advanced manufacturing, novel of Representatives and the Senate that funds reimbursement, for obligations incurred to dispensing, enhancements to the U.S. Com- available for assignments under Public Law prevent, prepare for, and respond to missioned Corps, and other preparedness and 93–288, as amended, are insufficient and such coronavirus, domestically or internation- response activities: Provided, That funds ap- funds are necessary to reimburse the Depart- ally, prior to the date of enactment of this propriated under this paragraph in this Act ment of Veterans Affairs for expenses in- Act: Provided further, That such amount is may be used to develop and demonstrate incurred to provide health care to civilians: designated by the Congress as being for an novations and enhancements to manufac- Provided further, That the Secretary shall no- emergency requirement pursuant to section turing platforms to support such capabili- tify the Committees on Appropriations of 251(b)(2)(A)(i) of the Balanced Budget and ties: Provided further, That the Secretary of the House of Representatives and the Senate Emergency Deficit Control Act of 1985. Health and Human Services shall purchase not less than 3 days prior to such certifi- ADMINISTRATION FOR COMMUNITY LIVING vaccines developed using funds made avail- cation: Provided further, That of the amounts AGING AND DISABILITY SERVICES PROGRAMS able under this paragraph in this Act to re- appropriated under this paragraph in this For an additional amount for ‘‘Aging and spond to an outbreak or pandemic related to Act, not more than $289,000,000 may be trans- Disability Services Programs’’, $955,000,000, coronavirus in quantities determined by the ferred as necessary to other federal agencies to remain available until September 30, 2021, Secretary to be adequate to address the pub- for necessary expenses related to medical to prevent, prepare for, and respond to lic health need: Provided further, That prod- care that are incurred to prevent, prepare coronavirus, domestically or internation- ucts purchased by the Federal government for, and respond to coronavirus for persons ally: Provided, That of the amount made with funds made available under this para- eligible for treatment pursuant to section 322 available under this heading in this Act to graph in this Act, including vaccines, thera- of the Public Health Service Act, as amend- prevent, prepare for, and respond to peutics, and diagnostics, shall be purchased ed, as determined by the Secretary of the re- coronavirus, $820,000,000 shall be for activi- in accordance with Federal Acquisition Reg- cipient agency: Provided further, That of the ties authorized under the Older Americans ulation guidance on fair and reasonable pric- amount appropriated under this paragraph in Act of 1965 (‘‘OAA’’), including $200,000,000 for ing: Provided further, That the Secretary may this Act, $1,500,000 shall be available for the supportive services under part B of title III; take such measures authorized under current Secretary to enter into an agreement with $480,000,000 for nutrition services under sub- law to ensure that vaccines, therapeutics, the National Academies of Sciences, Engi- parts 1 and 2 of part C of title III; $20,000,000 and diagnostics developed from funds pro- neering, and Medicine not later than 60 days for nutrition services under title VI; vided in this Act will be affordable in the after the date of enactment of this Act to ex- $100,000,000 for support services for family commercial market: Provided further, That in amine, and, in a manner that does not com- caregivers under part E of title III; and carrying out the previous proviso, the Sec- promise national security, report on, the se- $20,000,000 for elder rights protection activi- retary shall not take actions that delay the curity of the United States medical product ties, including the long-term ombudsman development of such products: Provided fur- supply chain: Provided further, That funds ap- program under title VII of such Act: Provided ther, That products purchased with funds appropriated under this paragraph in this Act further, That of the amount made available propriated under this paragraph in this Act may be used for grants for the construction, under this heading in this Act, $50,000,000 may, at the discretion of the Secretary of alteration, or renovation of non-federally

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2141 owned facilities to improve preparedness and Fund’’, $100,000,000,000, to remain available DEPARTMENT OF EDUCATION response capability at the State and local until expended, to prevent, prepare for, and EDUCATION STABILIZATION FUND level: Provided further, That funds appro- respond to coronavirus, domestically or For an additional amount for ‘‘Education priated under this paragraph in this Act may internationally, for necessary expenses to re- Stabilization Fund’’, $30,750,000,000, to re- be used for the construction, alteration, or imburse, through grants or other mecha- main available through September 30, 2021, renovation of non-federally owned facilities nisms, eligible health care providers for to prevent, prepare for, and respond to for the production of vaccines, therapeutics, health care related expenses or lost revenues coronavirus, domestically or internation- and diagnostics where the Secretary deter- that are attributable to coronavirus: Pro- ally: Provided, That such amount is des- mines that such a contract is necessary to vided, That these funds may not be used to ignated by the Congress as being for an secure sufficient amounts of such supplies: reimburse expenses or losses that have been emergency requirement pursuant to section Provided further, That such amount is des- reimbursed from other sources or that other 251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as being for an sources are obligated to reimburse: Provided Emergency Deficit Control Act of 1985. emergency requirement pursuant to section further, That recipients of payments under GENERAL PROVISIONS 251(b)(2)(A)(i) of the Balanced Budget and this paragraph shall submit reports and Emergency Deficit Control Act of 1985. EDUCATION STABILIZATION FUND For an additional amount for the ‘‘Public maintain documentation as the Secretary SEC. 18001. (a) ALLOCATIONS.—From the Health and Social Services Emergency determines are needed to ensure compliance amount made available under this heading in Fund’’, $275,000,000, to remain available until with conditions that are imposed by this this Act to carry out the Education Sta- September 30, 2022, to prevent, prepare for, paragraph for such payments, and such re- bilization Fund, the Secretary shall first al- and respond to coronavirus, domestically or ports and documentation shall be in such locate— internationally: Provided, That $90,000,000 of form, with such content, and in such time as (1) not more than 1/2 of 1 percent to the the funds appropriated under this paragraph the Secretary may prescribe for such pur- outlying areas on the basis of their respec- shall be transferred to ‘‘Health Resources pose: Provided further, That ‘‘eligible health tive needs, as determined by the Secretary, and Services Administration—Ryan White care providers’’ means public entities, Medi- in consultation with the Secretary of the In- HIV/AIDS Program’’ to remain available care or Medicaid enrolled suppliers and pro- terior; until September 30, 2022 for modifications to viders, and such for-profit entities and not- (2) one-half of 1 percent for the Secretary existing contracts, and supplements to exist- for-profit entities not otherwise described in of Interior, in consultation with the Sec- ing grants and cooperative agreements under this proviso as the Secretary may specify, retary of Education, for programs operated parts A, B, C, D, and section 2692(a) of title within the United States (including terri- or funded by the Bureau of Indian Education; XXVI of the Public Health Service Act (re- tories), that provide diagnoses, testing, or and ferred to as ‘‘PHS’’ Act) to respond to care for individuals with possible or actual (3) 1 percent for grants to States with the coronavirus, domestically or internation- cases of COVID–19: Provided further, That the highest coronavirus burden to support ac- ally: Provided further, That supplements Secretary of Health and Human Services tivities under this heading in this Act, for made in the preceding proviso shall be shall, on a rolling basis, review applications which the Secretary shall issue a notice in- awarded using a data-driven methodology de- and make payments under this paragraph in viting applications not later than 30 days of termined by the Secretary: Provided further, this Act: Provided further, That funds appro- enactment of this Act and approve or deny That sections 2604(c), 2612(b), and 2651(c) of priated under this paragraph in this Act applications not later than 30 days after re- the PHS Act shall not apply to funds under shall be available for building or construc- ceipt. this paragraph: Provided further, That tion of temporary structures, leasing of (b) RESERVATIONS.—After carrying out sub- $5,000,000 of the funds appropriated under properties, medical supplies and equipment section (a), the Secretary shall reserve the this paragraph shall be transferred to including personal protective equipment and remaining funds made available as follows: ‘‘Health Resources and Services Administra- testing supplies, increased workforce and (1) 9.8 percent to carry out section 18002 of tion—Health Care Systems’’ to remain avail- trainings, emergency operation centers, ret- this title. able until September 30, 2022, for activities rofitting facilities, and surge capacity: Pro- (2) 43.9 percent to carry out section 18003 of under sections 1271 and 1273 of the PHS Act vided further, That, in this paragraph, the this title. to improve the capacity of poison control term ‘‘payment’’ means a pre-payment, pro- (3) 46.3 percent to carry out section 18004 of centers to respond to increased calls: Pro- spective payment, or retrospective payment, this title. vided further, That $180,000,000 of the funds as determined appropriate by the Secretary: appropriated under this paragraph shall be GOVERNOR’S EMERGENCY EDUCATION RELIEF Provided further, That payments under this FUND transferred to ‘‘Health Resources and Serv- paragraph shall be made in consideration of ices Administration—Rural Health’’ to re- SEC. 18002. (a) GRANTS.—From funds re- the most efficient payment systems prac- main available until September 30, 2022, to served under section 18001(b)(1) of this title, ticable to provide emergency payment: Pro- carry out telehealth and rural health activi- the Secretary shall make Emergency Edu- vided further, That to be eligible for a pay- ties under sections 330A and 330I of the PHS cation Relief grants to the Governor of each ment under this paragraph, an eligible Act and sections 711 and 1820 of the Social State with an approved application. The Sec- health care provider shall submit to the Sec- Security Act to prevent, prepare for, and re- retary shall issue a notice inviting applica- retary of Health and Human Services an ap- spond to coronavirus, domestically or inter- tions not later than 30 days of enactment of plication that includes a statement justi- nationally: Provided further, That of the this Act and shall approve or deny applica- fying the need of the provider for the pay- funding in the previous proviso, no less than tions not later than 30 days after receipt. ment and the eligible health care provider $15,000,000 shall be allocated to tribes, tribal (b) ALLOCATIONS.—The amount of each organizations, urban Indian health organiza- shall have a valid tax identification number: grant under subsection (a) shall be allocated tions, or health service providers to tribes: Provided further, That, not later than 3 years by the Secretary to each State as follows: Provided further, That section 1820(g)(3)(A), after final payments are made under this (1) 60 percent on the basis of their relative section 1820(g)(3)(D) and section 1820(g)(3)(E) paragraph, the Office of Inspector General of population of individuals aged 5 through 24. of such Act shall not apply to funds in the the Department of Health and Human Serv- (2) 40 percent on the basis of their relative preceding two provisos: Provided further, ices shall transmit a final report on audit number of children counted under section That funds appropriated under this heading findings with respect to this program to the 1124(c) of the Elementary and Secondary in this Act may be made available to restore Committees on Appropriations of the House Education Act of 1965 (referred to under this amounts, either directly or through reim- of Representatives and the Senate: Provided heading as ‘‘ESEA’’). bursement, for obligations incurred to pre- further, That nothing in this section limits (c) USES OF FUNDS.—Grant funds awarded vent, prepare for, and respond to the authority of the Inspector General or the under subsection (b) may be used to— coronavirus, domestically or internation- Comptroller General to conduct audits of in- (1) provide emergency support through ally, prior to the date of enactment of this terim payments at an earlier date: Provided grants to local educational agencies that the Act: Provided further, That for the purposes further, That not later than 60 days after the State educational agency deems have been of any funding provided for fiscal year 2020 date of enactment of this Act, the Secretary most significantly impacted by coronavirus for the Health Centers Program pursuant to of Health and Human Services shall provide to support the ability of such local edu- section 330 of the PHS Act (42 U.S.C. 254b), a report to the Committees on Appropria- cational agencies to continue to provide edu- maintaining or increasing health center cations of the House of Representatives and cational services to their students and to pacity and staffing levels during a public the Senate on obligation of funds, including support the on-going functionality of the health emergency related to coronavirus obligations to such eligible health care pro- local educational agency; shall be deemed a cost of prevention, diag- viders summarized by State of the payment (2) provide emergency support through nosis, and treatment of coronavirus: Provided receipt: Provided further, That such reports grants to institutions of higher education further, That such amount is designated by shall be updated and submitted to such Com- serving students within the State that the the Congress as being for an emergency re- mittees every 60 days until funds are ex- Governor determines have been most signifi- quirement pursuant to section 251(b)(2)(A)(i) pended: Provided further, That such amount cantly impacted by coronavirus to support of the Balanced Budget and Emergency Def- is designated by the Congress as being for an the ability of such institutions to continue icit Control Act of 1985. emergency requirement pursuant to section to provide educational services and support For an additional amount for ‘‘Public 251(b)(2)(A)(i) of the Balanced Budget and the on-going functionality of the institution; Health and Social Services Emergency Emergency Deficit Control Act of 1985. and

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2142 CONGRESSIONAL RECORD — SENATE March 25, 2020 (3) provide support to any other institution sanitation and minimizing the spread of in- priated to such programs in the Further Con- of higher education, local educational agen- fectious diseases. solidated Appropriations Act, 2020 (Public cy, or education related entity within the (7) Purchasing supplies to sanitize and Law 116–94) and which may be used to defray State that the Governor deems essential for clean the facilities of a local educational expenses (including lost revenue, reimburse- carrying out emergency educational services agency, including buildings operated by such ment for expenses already incurred, tech- to students for authorized activities de- agency. nology costs associated with a transition to scribed in section 18003(d)(1) of this title or (8) Planning for and coordinating during distance education, faculty and staff the Higher Education Act, the provision of long-term closures, including for how to pro- trainings, payroll) incurred by institutions child care and early childhood education, so- vide meals to eligible students, how to pro- of higher education and for grants to stu- cial and emotional support, and the protec- vide technology for online learning to all dents for any component of the student’s tion of education-related jobs. students, how to provide guidance for car- cost of attendance (as defined under section (d) REALLOCATION.—Each Governor shall rying out requirements under the Individuals 472 of the Higher Education Act), including return to the Secretary any funds received with Disabilities Education Act (20 U.S.C. food, housing, course materials, technology, under this section that the Governor does 1401 et seq.) and how to ensure other edu- health care, and child care. not award within one year of receiving such cational services can continue to be provided (3) 2.5 percent for part B of title VII of the funds and the Secretary shall reallocate such consistent with all Federal, State, and local Higher Education Act for institutions of funds to the remaining States in accordance requirements. higher education that the Secretary deter- with subsection (b). (9) Purchasing educational technology (in- mines have the greatest unmet needs related ELEMENTARY AND SECONDARY SCHOOL cluding hardware, software, and to coronavirus, which may be used to defray EMERGENCY RELIEF FUND connectivity) for students who are served by expenses (including lost revenue, reimburse- SEC. 18003. (a) GRANTS.—From funds re- the local educational agency that aids in ment for expenses already incurred, tech- served under section 18001(b)(2) of this title, regular and substantive educational inter- nology costs associated with a transition to the Secretary shall make elementary and action between students and their classroom distance education, faculty and staff secondary school emergency relief grants to instructors, including low-income students trainings, payroll) incurred by institutions each State educational agency with an ap- and students with disabilities, which may in- of higher education and for grants to stu- proved application. The Secretary shall issue clude assistive technology or adaptive equip- dents for any component of the student’s a notice inviting applications not later than ment. cost of attendance (as defined under section 30 days of enactment of this Act and approve (10) Providing mental health services and 472 of the Higher Education Act), including or deny applications not later than 30 days supports. food, housing, course materials, technology, after receipt. (11) Planning and implementing activities health care, and child care. (b) DISTRIBUTION.—The funds made avail- (b) ALLOCATIONS TO STATES.—The amount related to summer learning and supple- able to each institution under subsection of each grant under subsection (a) shall be mental afterschool programs, including pro- (a)(1) shall be distributed by the Secretary allocated by the Secretary to each State in viding classroom instruction or online learn- using the same systems as the Secretary the same proportion as each State received ing during the summer months and address- otherwise distributes funding to each insti- under part A of title I of the ESEA of 1965 in ing the needs of low-income students, stu- tution under title IV of the Higher Edu- the most recent fiscal year. dents with disabilities, English learners, mi- cation Act of 1965 (20 U.S.C. 1001 et seq.). (c) SUBGRANTS TO LOCAL EDUCATIONAL grant students, students experiencing homelessness, and children in foster care. (c) USES OF FUNDS.—Except as otherwise AGENCIES.—Each State shall allocate not specified in subsection (a), an institution of less than 90 percent of the grant funds (12) Other activities that are necessary to maintain the operation of and continuity of higher education receiving funds under this awarded to the State under this section as section may use the funds received to cover subgrants to local educational agencies (in- services in local educational agencies and continuing to employ existing staff of the any costs associated with significant cluding charter schools that are local edu- changes to the delivery of instruction due to cational agencies) in the State in proportion local educational agency. (e) STATE FUNDING.—With funds not other- the coronavirus, so long as such costs do not to the amount of funds such local edu- include payment to contractors for the pro- cational agencies and charter schools that wise allocated under subsection (c), a State may reserve not more than 1/2 of 1 percent vision of pre-enrollment recruitment activi- are local educational agencies received under ties; endowments; or capital outlays associ- part A of title I of the ESEA of 1965 in the for administrative costs and the remainder for emergency needs as determined by the ated with facilities related to athletics, sec- most recent fiscal year. tarian instruction, or religious worship. In- (d) USES OF FUNDS.—A local educational state educational agency to address issues responding to coronavirus, which may be ad- stitutions of higher education shall use no agency that receives funds under this title less than 50 percent of such funds to provide may use the funds for any of the following: dressed through the use of grants or contracts. emergency financial aid grants to students (1) Any activity authorized by the ESEA of for expenses related to the disruption of 1965, including the Native Hawaiian Edu- (f) REALLOCATION.—A State shall return to the Secretary any funds received under this campus operations due to coronavirus (in- cation Act and the Alaska Native Edu- cluding eligible expenses under a student’s cational Equity, Support, and Assistance Act section that the State does not award within 1 year of receiving such funds and the Sec- cost of attendance, such as food, housing, (20 U.S.C. 6301 et seq.), the Individuals with course materials, technology, health care, Disabilities Education Act (20 U.S.C. 1400 et retary shall reallocate such funds to the remaining States in accordance with sub- and child care). seq.) (‘‘IDEA’’), the Adult Education and (d) SPECIAL PROVISIONS.—(1) In awarding section (b). Family Literacy Act (20 U.S.C. 1400 et seq.), grants under section 18004(a)(3) of this title, the Carl D. Perkins Career and Technical HIGHER EDUCATION EMERGENCY RELIEF FUND the Secretary shall give priority to any in- Education Act of 2006 (20 U.S.C. 2301 et seq.) SEC. 18004. (a) IN GENERAL.—The Secretary stitution of higher education that is not oth- (‘‘the Perkins Act’’), or subtitle B of title VII shall allocate funding under this section as erwise eligible for funding under paragraphs of the McKinney-Vento Homeless Assistance follows: (1) and (2) of section 18004(a) of this title of Act (42 U.S.C. 11431 et seq.). (1) 90 percent to each institution of higher at least $500,000 and demonstrates significant (2) Coordination of preparedness and re- education to prevent, prepare for, and re- unmet needs related to expenses associated sponse efforts of local educational agencies spond to coronavirus, by apportioning it— with coronavirus. with State, local, Tribal, and territorial pub- (A) 75 percent according to the relative (2) A Historically Black College and Uni- lic health departments, and other relevant share of full-time equivalent enrollment of versity or a Minority Serving Institution agencies, to improve coordinated responses Federal Pell Grant recipients who are not ex- may use prior awards provided under titles among such entities to prevent, prepare for, clusively enrolled in distance education III, V, and VII of the Higher Education Act and respond to coronavirus. courses prior to the coronavirus emergency; to prevent, prepare for, and respond to (3) Providing principals and others school and coronavirus. leaders with the resources necessary to ad- (B) 25 percent according to the relative (e) REPORT.—An institution receiving dress the needs of their individual schools. share of full-time equivalent enrollment of funds under this section shall submit a re- (4) Activities to address the unique needs students who were not Federal Pell Grant report to the Secretary, at such time and in of low-income children or students, children cipients who are not exclusively enrolled in such manner as the Secretary may require, with disabilities, English learners, racial and distance education courses prior to the that describes the use of funds provided ethnic minorities, students experiencing coronavirus emergency. under this section. homelessness, and foster care youth, includ- (2) 7.5 percent for additional awards under ASSISTANCE TO NON-PUBLIC SCHOOLS ing how outreach and service delivery will parts A and B of title III, parts A and B of SEC. 18005. (a) IN GENERAL.—A local edu- meet the needs of each population. title V, and subpart 4 of part A of title VII cational agency receiving funds under sec- (5) Developing and implementing proce- of the Higher Education Act to address needs tions 18002 or 18003 of this title shall provide dures and systems to improve the prepared- directly related to coronavirus, that shall be equitable services in the same manner as ness and response efforts of local educational in addition to awards made in section provided under section 1117 of the ESEA of agencies. 18004(a)(1) of this title, and allocated by the 1965 to students and teachers in non-public (6) Training and professional development Secretary proportionally to such programs schools, as determined in consultation with for staff of the local educational agency on based on the relative share of funding appro- representatives of non-public schools.

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(b) PUBLIC CONTROL OF FUNDS.—The con- fected schools, and assist in counseling and coronavirus, including for fiscal stabilization trol of funds for the services and assistance distance learning and associated costs: Pro- grants to public telecommunications enti- provided to a non-public school under sub- vided, That such amount is designated by the ties, as defined by 47 U.S.C. 397(12), with no section (a), and title to materials, equip- Congress as being for an emergency require- deduction for administrative or other costs ment, and property purchased with such ment pursuant to section 251(b)(2)(A)(i) of of the Corporation, to maintain program- funds, shall be in a public agency, and a pub- the Balanced Budget and Emergency Deficit ming and services and preserve small and lic agency shall administer such funds, mate- Control Act of 1985. rural stations threatened by declines in non- rials, equipment, and property and shall pro- GALLAUDET UNIVERSITY Federal revenues: Provided, That such vide such services (or may contract for the amount is designated by the Congress as For an additional amount for ‘‘Gallaudet provision of such services with a public or being for an emergency requirement pursu- University’’, $7,000,000, to remain available private entity). ant to section 251(b)(2)(A)(i) of the Balanced through September 30, 2021, to prevent, pre- Budget and Emergency Deficit Control Act CONTINUED PAYMENT TO EMPLOYEES pare for, and respond to coronavirus, domes- of 1985. SEC. 18006. A local educational agency, tically or internationally, including to help State, institution of higher education, or defray the expenses directly caused by INSTITUTE OF MUSEUM AND LIBRARY SERVICES other entity that receives funds under ‘‘Edu- coronavirus and to enable grants to students OFFICE OF MUSEUM AND LIBRARY SERVICES: cation Stabilization Fund’’, shall to the for expenses directly related to coronavirus GRANTS AND ADMINISTRATION greatest extent practicable, continue to pay and the disruption of university operations: For an additional amount for ‘‘Institute of its employees and contractors during the pe- Provided, That such amount is designated by Museum and Library Services’’, $50,000,000, riod of any disruptions or closures related to the Congress as being for an emergency re- to remain available until September 30, 2021, coronavirus. quirement pursuant to section 251(b)(2)(A)(i) to prevent, prepare for, and respond to DEFINITIONS of the Balanced Budget and Emergency Def- coronavirus, including grants to States, ter- SEC. 18007. Except as otherwise provided in icit Control Act of 1985. ritories and tribes to expand digital network sections 18001–18006 of this title, as used in STUDENT AID ADMINISTRATION access, purchase internet accessible devices, such sections— For an additional amount for ‘‘Student Aid and provide technical support services: Pro- (1) the terms ‘‘elementary education’’ and Administration’’, $40,000,000, to remain avail- vided, That any matching funds require- ‘‘secondary education’’ have the meaning able through September 30, 2021, to prevent, ments for States, tribes, libraries, and muse- given such terms under State law; prepare for, and respond to coronavirus, do- ums are waived for grants provided with funds made available under this heading in (2) the term ‘‘institution of higher edu- mestically or internationally, for carrying this Act: , That such amount cation’’ has the meaning given such term in out part D of title I, and subparts 1, 3, 9 and Provided further is designated by the Congress as being for an title I of the Higher Education Act of 1965 (20 10 of part A, and parts B, C, D, and E of title emergency requirement pursuant to section U.S.C. 1001 et seq.); IV of the HEA, and subpart 1 of part A of 251(b)(2)(A)(i) of the Balanced Budget and (3) the term ‘‘Secretary’’ means the Sec- title VII of the Public Health Service Act: Emergency Deficit Control Act of 1985. retary of Education; Provided, That such amount is designated by (4) the term ‘‘State’’ means each of the 50 the Congress as being for an emergency re- RAILROAD RETIREMENT BOARD States, the District of Columbia, and the quirement pursuant to section 251(b)(2)(A)(i) LIMITATION ON ADMINISTRATION Commonwealth of Puerto Rico; of the Balanced Budget and Emergency Def- For an additional amount for the ‘‘Rail- (5) the term ‘‘cost of attendance’’ has the icit Control Act of 1985. road Retirement Board’’, $5,000,000, to re- meaning given such term in section 472 of main available until September 30, 2021, to the Higher Education Act of 1965. HOWARD UNIVERSITY prevent, prepare for, and respond to (6) the term ‘‘Non-public school’’ means a For an additional amount for ‘‘Howard coronavirus, including the purchase of infor- non-public elementary and secondary school University’’, $13,000,000, to remain available mation technology equipment to improve that (A) is accredited, licensed, or otherwise through September 30, 2021, to prevent, pre- the mobility of the workforce and provide for operates in accordance with State law; and pare for, and respond to coronavirus, domes- additional hiring or overtime hours as need- (B) was in existence prior to the date of the tically or internationally, including to help ed to administer the Railroad Unemploy- qualifying emergency for which grants are defray the expenses directly caused by ment Insurance Act: Provided, That such awarded under this section; coronavirus and to enable grants to students amount is designated by the Congress as (7) the term ‘‘public school’’ means a pub- for expenses directly related to coronavirus being for an emergency requirement pursu- lic elementary or secondary school; and and the disruption of university operations: ant to section 251(b)(2)(A)(i) of the Balanced (8) any other term used that is defined in Provided, That such amount is designated by Budget and Emergency Deficit Control Act section 8101 of the Elementary and Sec- the Congress as being for an emergency re- of 1985. ondary Education Act of 1965 (20 U.S.C. 7801) quirement pursuant to section 251(b)(2)(A)(i) shall have the meaning given the term in of the Balanced Budget and Emergency Def- SOCIAL SECURITY ADMINISTRATION such section. icit Control Act of 1985. LIMITATION ON ADMINISTRATIVE EXPENSES MAINTENANCE OF EFFORT DEPARTMENTAL MANAGEMENT For an additional amount for ‘‘Limitation SEC. 18008. (a) A State’s application for PROGRAM ADMINISTRATION on Administrative Expenses’’, $300,000,000, to remain available through September 30, 2021 funds to carry out sections 18002 or 18003 of For an additional amount for ‘‘Program to prevent, prepare for, and respond to this title shall include assurances that the Administration’’, $8,000,000, to remain avail- coronavirus, domestically or internation- State will maintain support for elementary able through September 30, 2021 to prevent, ally, including paying the salaries and bene- and secondary education, and State support prepare for, and respond to coronavirus, do- fits of all employees affected as a result of for higher education (which shall include mestically or internationally: Provided, That office closures, telework, phone and commu- State funding to institutions of higher edu- such amount is designated by the Congress nication services for employees, overtime cation and state need-based financial aid, as being for an emergency requirement pur- costs, and supplies, and for resources nec- and shall not include support for capital suant to section 251(b)(2)(A)(i) of the Bal- essary for processing disability and retire- projects or for research and development or anced Budget and Emergency Deficit Control ment workloads and backlogs: Provided, That tuition and fees paid by students) in fiscal Act of 1985. years 2020 and 2021 at least at the levels of such amount is designated by the Congress OFFICE OF THE INSPECTOR GENERAL such support that is the average of such as being for an emergency requirement pur- State’s support for elementary and sec- For an additional amount for ‘‘Office of the suant to section 251(b)(2)(A)(i) of the Bal- ondary education and for higher education Inspector General’’, $7,000,000, to remain anced Budget and Emergency Deficit Control provided in the 3 fiscal years preceding the available through September 30, 2022, to pre- Act of 1985. date of enactment of this Act. vent, prepare for, and respond to GENERAL PROVISIONS—THIS TITLE (b) The secretary may waive the require- coronavirus, domestically or internation- (INCLUDING TRANSFER OF FUNDS) ment in subsection (a) for the purpose of really, including for salaries and expenses nec- SEC. 18108. Funds appropriated by this title essary for oversight and audit of programs, lieving fiscal burdens on States that have ex- may be used by the Secretary of the Depart- grants, and projects funded in this Act to re- perienced a precipitous decline in financial ment of Health and Human Services to ap- spond to coronavirus: Provided, That such resources. point, without regard to the provisions of amount is designated by the Congress as SAFE SCHOOLS AND CITIZENSHIP EDUCATION sections 3309 through 3319 of title 5 of the being for an emergency requirement pursu- For an additional amount for ‘‘Safe United States Code, candidates needed for ant to section 251(b)(2)(A)(i) of the Balanced Schools and Citizenship Education’’, positions to perform critical work relating Budget and Emergency Deficit Control Act $100,000,000, to remain available through Sep- to coronavirus for which— of 1985. tember 30, 2021, to prevent, prepare for, and (1) public notice has been given; and respond to coronavirus, domestically or CORPORATION FOR PUBLIC BROADCASTING (2) the Secretary of Health and Human internationally, to supplement funds other- For an additional amount for ‘‘Corporation Services has determined that such a public wise available for ‘‘Project SERV’’, includ- for Public Broadcasting’’, $75,000,000, to re- health threat exists. ing to help elementary, secondary and post- main available through September 30, 2021, SEC. 18109. Funds made available by this secondary schools clean and disinfect af- to prevent, prepare for, and respond to title may be used to enter into contracts

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with individuals for the provision of personal Committees on Appropriations of the House (b) LABORATORIES COVERED.—The Sec- services (as described in section 104 of part 37 of Representatives and the Senate shall be retary may prescribe which laboratories of title 48, Code of Federal Regulations (48 notified 10 days in advance of any such must submit reports pursuant to this sec- CFR 37.104)) to support the prevention of, transfer: Provided further, That, upon a deter- tion. preparation for, or response to coronavirus, mination that all or part of the funds trans- (c) IMPLEMENTATION.—The Secretary may domestically and internationally, subject to ferred from an appropriation by this title are make prescriptions under this section by prior notification to the Committees on Ap- not necessary, such amounts may be trans- regulation, including by interim final rule, propriations of the House of Representatives ferred back to that appropriation: Provided or by guidance, and may issue such regula- and the Senate: Provided, That such individ- further, That none of the funds made avail- tions or guidance without regard to the pro- uals may not be deemed employees of the able by this title may be transferred pursu- cedures otherwise required by section 553 of United States for the purpose of any law ad- ant to the authority in section 205 of division title 5, United States Code. ministered by the Office of Personnel Man- A of Public Law 116–94 or section 241(a) of the (d) REPEALER.—Section 1702 of division A agement: Provided further, That the author- PHS Act. of the Families First Coronavirus Response ity made available pursuant to this section SEC. 18112. Not later than 30 days after the Act is repealed. date of enactment of this Act, the Secretary shall expire on September 30, 2024. TITLE IX SEC. 18110. (a) If services performed by an of Health and Human Services shall provide employee during fiscal year 2020 are deter- a detailed spend plan of anticipated uses of LEGISLATIVE BRANCH mined by the head of the agency to be pri- funds made available to the Department of SENATE marily related to preparation, prevention, or Health and Human Services in this Act, in- CONTINGENT EXPENSES OF THE SENATE cluding estimated personnel and administra- response to coronavirus, any premium pay SERGEANT AT ARMS AND DOORKEEPER OF THE tive costs, to the Committees on Appropria- for such services shall be disregarded in cal- SENATE culating the aggregate of such employee’s tions of the House of Representatives and basic pay and premium pay for purposes of a the Senate: Provided, That such plans shall For an additional amount for ‘‘Sergeant at limitation under section 5547(a) of title 5, be updated and submitted to such Commit- Arms and Doorkeeper of the Senate’’, United States Code, or under any other pro- tees every 60 days until September 30, 2024: $1,000,000, to remain available until ex- vision of law, whether such employee’s pay is Provided further, That the spend plans shall pended, to prevent, prepare for, and respond paid on a biweekly or calendar year basis. be accompanied by a listing of each contract to coronavirus, domestically or internation- (b) Any overtime pay for such services obligation incurred that exceeds $5,000,000 ally: Provided, That such amount is des- shall be disregarded in calculating any an- which has not previously been reported, in- ignated by the Congress as being for an nual limit on the amount of overtime pay cluding the amount of each such obligation. emergency requirement pursuant to section payable in a calendar or fiscal year. SEC. 18113. Of the funds appropriated by 251(b)(2)(A)(i) of the Balanced Budget and (c) With regard to such services, any pay this title under the heading ‘‘Public Health Emergency Deficit Control Act of 1985. that is disregarded under either subsection and Social Services Emergency Fund’’, up to MISCELLANEOUS ITEMS (a) or (b) shall be disregarded in calculating $4,000,000 shall be transferred to, and merged For an additional amount for ‘‘Miscella- such employee’s aggregate pay for purposes with, funds made available under the head- neous Items’’, $9,000,000, to remain available of the limitation in section 5307 of such title ing ‘‘Office of the Secretary, Office of Inspec- until expended, to prevent, prepare for, and 5. tor General’’, and shall remain available respond to coronavirus, domestically or (d)(1) Pay that is disregarded under sub- until expended, for oversight of activities internationally, subject to approval by the section (a) or (b) shall not cause the aggre- supported with funds appropriated to the De- Committee on Appropriations of the Senate gate of the employee’s basic pay and pre- partment of Health and Human Services to and the Senate Committee on Rules and Ad- mium pay for the applicable calendar year to prevent, prepare for, and respond to ministration: Provided, That such amount is exceed the rate of basic pay payable for a po- coronavirus, domestically or internation- designated by the Congress as being for an sition at level II of the Executive Schedule ally: Provided, That the Inspector General of emergency requirement pursuant to section under section 5313 of title 5, United States the Department of Health and Human Serv- 251(b)(2)(A)(i) of the Balanced Budget and Code, as in effect at the end of such calendar ices shall consult with the Committees on Emergency Deficit Control Act of 1985. year. Appropriations of the House of Representa- (2) For purposes of applying this subsection tives and the Senate prior to obligating such HOUSE OF REPRESENTATIVES to an employee who would otherwise be sub- funds: Provided further, That the transfer au- SALARIES AND EXPENSES ject to the premium pay limits established thority provided by this section is in addi- For an additional amount for ‘‘Salaries under section 5547 of title 5, United States tion to any other transfer authority provided and Expenses’’, $25,000,000, to remain avail- Code, ‘‘premium pay’’ means the premium by law. able until September 30, 2021, except that pay paid under the provisions of law cited in SEC. 18114. (a) Funds appropriated in title $5,000,000 shall remain available until ex- section 5547(a). III of the Coronavirus Preparedness and Re- pended, to prevent, prepare for, and respond (3) For purposes of applying this subsection sponse Supplemental Appropriations Act, to coronavirus, domestically or internation- to an employee under a premium pay limit 2020 (Public Law 116–123) shall be paid to the ally, to be allocated in accordance with a established under an authority other than ‘‘Department of Homeland Security—Coun- spend plan submitted to the Committee on section 5547 of title 5, United States Code, tering Weapons of Mass Destruction Office— Appropriations of the House of Representa- the agency responsible for administering Federal Assistance’’account for costs in- tives by the Chief Administrative Officer and such limit shall determine what payments curred, including to reimburse costs incurred approved by such Committee: Provided, That are considered premium pay. prior to the enactment of this Act, under such amount is designated by the Congress (e) This section shall take effect as if en- other transaction authority and related to as being for an emergency requirement pur- acted on February 2, 2020. screening for coronavirus, domestically or suant to section 251(b)(2)(A)(i) of the Bal- (f) If application of this section results in internationally. anced Budget and Emergency Deficit Control the payment of additional premium pay to a (b) The term coronavirus has the meaning Act of 1985. covered employee of a type that is normally given the term in section 506 of the JOINT ITEMS creditable as basic pay for retirement or any Coronavirus Preparedness and Response Sup- other purpose, that additional pay shall plemental Appropriations Act, 2020. OFFICE OF THE ATTENDING PHYSICIAN not— (c) The amounts repurposed in this section For an additional amount for ‘‘Office of the (1) be considered to be basic pay of the cov- that were previously designated by the Con- Attending Physician’’, $400,000, to remain ered employee for any purpose; or gress as an emergency requirement pursuant available until expended, to prevent, prepare (2) be used in computing a lump-sum pay- to the Balanced Budget and Emergency Def- for, and respond to coronavirus, domestically ment to the covered employee for accumu- icit Control Act of 1985 are designated by the or internationally: Provided, That such lated and accrued annual leave under section Congress as an emergency requirement pur- amount is designated by the Congress as 5551 or section 5552 of title 5, United States suant to section 251(b)(2)(A)(i) of the Bal- being for an emergency requirement pursu- Code. anced Budget and Emergency Deficit Control ant to section 251(b)(2)(A)(i) of the Balanced SEC. 18111. Funds appropriated by this title Act of 1985. Budget and Emergency Deficit Control Act to the heading ‘‘Department of Health and SEC. 18115. (a) IN GENERAL.—Every labora- of 1985. Human Services’’ may be transferred to, and tory that performs or analyzes a test that is CAPITOL POLICE merged with, other appropriation accounts intended to detect SARS–CoV–2 or to diag- under the headings ‘‘Centers for Disease Con- nose a possible case of COVID–19 shall report SALARIES trol and Prevention’’, ‘‘Public Health and the results from each such test, to the Sec- For an additional amount for ‘‘Salaries’’, Social Services Emergency Fund’’, ‘‘Admin- retary of Health and Human Services in such $12,000,000, to remain available until Sep- istration for Children and Families’’, ‘‘Ad- form and manner, and at such timing and tember 30, 2021, to prevent, prepare for, and ministration for Community Living’’, and frequency, as the Secretary may prescribe respond to coronavirus, domestically or ‘‘National Institutes of Health’’ to prevent, until the end of the Secretary’s Public internationally: Provided, That the Capitol prepare for, and respond to coronavirus fol- Health Emergency declaration with respect Police may transfer amounts appropriated lowing consultation with the Office of Man- to COVID–19 or any extension of such dec- under this heading in this Act to ‘‘General agement and Budget: Provided, That the laration. Expenses’’ without the approval requirement

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of 2 U.S.C. 1907(a): Provided further, That GENERAL PROVISIONS—THIS TITLE AUTHORIZING PAYMENTS UNDER SERVICE CON- such amount is designated by the Congress SOURCE OF FUNDS USED FOR PAYMENT OF SALA- TRACTS DURING THE CORONAVIRUS EMER- as being for an emergency requirement pur- RIES AND EXPENSES OF SENATE EMPLOYEE GENCY suant to section 251(b)(2)(A)(i) of the Bal- CHILD CARE CENTER SEC. 19005. (a) AUTHORIZING PAYMENTS.— anced Budget and Emergency Deficit Control Notwithstanding section 3324(a) of title 31, SEC. 19001. The Secretary of the Senate Act of 1985. shall reimburse the Senate Employee Child United States Code, or any other provision of ARCHITECT OF THE CAPITOL Care Center for personnel costs incurred law and subject to subsection (b), if the employees of a contractor with a service con- starting on April 1, 2020, for employees of CAPITAL CONSTRUCTION AND OPERATIONS tract with the Architect of the Capitol are such Center who have been ordered to cease furloughed or otherwise unable to work dur- For an additional amount for ‘‘Capital working due to measures taken in the Cap- ing closures, stop work orders, or reductions Construction and Operations’’, $25,000,000, to itol complex to combat coronavirus, not to in service arising from or related to the im- remain available until September 30, 2021, to exceed $84,000 per month, from amounts in pacts of coronavirus, the Architect of the prevent, prepare for, and respond to the appropriations account ‘‘Miscellaneous Capitol may continue to make the payments coronavirus, domestically or internation- Items’’ within the contingent fund of the provided for under the contract for the week- ally, including to purchase and distribute Senate. cleaning and sanitation products throughout ly salaries and benefits of such employees for SOURCE OF FUNDS USED FOR PAYMENT OF SALA- all facilities and grounds under the care of not more than 16 weeks. RIES AND EXPENSES OF HOUSE OF REPRESENT- (b) AVAILABILITY OF APPROPRIATIONS.—The the Architect of the Capitol, wherever lo- ATIVES CHILD CARE CENTER authority of the Architect of the Capitol to cated, and any related services and oper- make payments under the authority of sub- ational costs: Provided, That the Architect of SEC. 19002. (a) AUTHORIZING USE OF REVOLV- section (a) is subject to the availability of the Capitol shall provide a report within 30 ING FUND OR APPROPRIATED FUNDS.—Section appropriations to make such payments. days enactment of this Act, and every 30 312(d)(3)(A) of the Legislative Branch Appro- (c) REGULATIONS.—The Architect of the days thereafter, to the Committees on Ap- priations Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is amended— Capitol shall promulgate such regulations as propriations of the Senate and House of Rep- may be necessary to carry out this section. resentatives, the Senate Committee on Rules (1) in subparagraph (A), by striking the pe- and Administration, and the Committee on riod at the end and inserting the following: MASS MAILINGS AS FRANKED MAIL House Administration on expenditure of ‘‘, and, at the option of the Chief Adminis- SEC. 19006. (a) WAIVER.—Section funds from amounts appropriated under this trative Officer during an emergency situa- 3210(a)(6)(D) of title 39, United States Code, heading in this Act: Provided further, That tion, the payment of the salary of other em- is amended by striking the period at the end this amount shall be in addition to any other ployees of the Center.’’; and of the first sentence and inserting the fol- funds available for such purposes in appro- (2) by adding at the end the following new lowing: ‘‘, and in the case of the Commission, priations Acts for the legislative branch: subparagraph: to waive this paragraph in the case of mail- Provided further, That such amount is des- ‘‘(C) During an emergency situation, the ings sent in response to or to address threats ignated by the Congress as being for an payment of such other expenses for activities to life safety.’’. emergency requirement pursuant to section carried out under this section as the Chief (b) EFFECTIVE DATE.—The amendments 251(b)(2)(A)(i) of the Balanced Budget and Administrative Officer determines appro- made by this subsection shall apply with re- Emergency Deficit Control Act of 1985. priate.’’. spect to mailings sent on or after the date of (b) EFFECTIVE DATE.—The amendment the enactment of this Act. LIBRARY OF CONGRESS made by subsection (a) shall apply with re- TECHNICAL CORRECTION SALARIES AND EXPENSES spect to fiscal year 2020 and each succeeding SEC. 19007. In the matter preceding the fiscal year. first proviso under the heading ‘‘Library of For an additional amount for ‘‘Salaries PAYMENTS TO ENSURE CONTINUING AVAIL- Congress—Salaries and Expenses’’ in division and Expenses’’, $700,000, to remain available ABILITY OF GOODS AND SERVICES DURING THE E of the Further Consolidated Appropria- until September 30, 2020, to prevent, prepare CORONAVIRUS EMERGENCY tions Act, 2020 (Public Law 116–94), strike ‘‘ for, and respond to coronavirus, domestically $504,164,000’’ and insert ‘‘ $510,164,000’’. or internationally, to be made available to SEC. 19003. (a) AUTHORIZATION TO MAKE the Little Scholars Child Development Cen- PAYMENTS.—Notwithstanding any other pro- CONFORMING AMENDMENT ter, subject to approval by the Committees vision of law and subject to subsection (b), SEC. 19008. Section 110(a)(1)(A) of the Fam- on Appropriations of the Senate and House during an emergency situation, the Chief Ad- ily and Medical Leave Act of 1993 (as added of Representatives, the Senate Committee ministrative Officer of the House of Rep- by section 3102 of the Families First on Rules and Administration, and the Com- resentatives may make payments under con- Coronavirus Response Act (Public Law 116– mittee on House Administration: Provided, tracts with vendors providing goods and 127)) is amended— That such amount is designated by the Con- services to the House in amounts and under (1) by inserting before ‘‘In lieu of’’ the fol- gress as being for an emergency requirement terms and conditions other than those pro- lowing: pursuant to section 251(b)(2)(A)(i) of the Bal- vided under the contract in order to ensure ‘‘(i) IN GENERAL.—’’; and anced Budget and Emergency Deficit Control that those goods and services remain avail- (2) by adding at the end the following: Act of 1985. able to the House throughout the duration of ‘‘(ii) SPECIAL RULE.—For purposes of apply- the emergency. ing section 102(a)(1)(F) and this section under GOVERNMENT ACCOUNTABILITY OFFICE (b) CONDITIONS.— the Congressional Accountability Act of 1995, SALARIES AND EXPENSES (1) APPROVAL REQUIRED.—The Chief Admin- in lieu of the definition in section 202(a)(2)(B) istrative Officer may not make payments of that Act (2 U.S.C. 1312(a)(2)(B)), the term For an additional amount for ‘‘Salaries under the authority of subsection (a) with- ‘eligible employee’ means a covered em- and Expenses’’, $20,000,000, to remain avail- out the approval of the Committee on House ployee (as defined in section 101 of that Act able until expended, to prevent, prepare for, Administration of the House of Representa- (2 U.S.C. 1301)) who has been employed for at and respond to coronavirus, domestically or tives. least 30 calendar days by the employing of- internationally, for audits and investiga- (2) AVAILABILITY OF APPROPRIATIONS.—The fice (as so defined) with respect to whom tions and for reimbursement of the Tiny authority of the Chief Administrative Officer leave is requested under section Findings Child Development Center for sala- to make payments under the authority of 102(a)(1)(F).’’. ries for employees, as authorized by this Act: subsection (a) is subject to the availability SOURCE OF FUNDS USED FOR PAYMENT OF SALA- Provided, That not later than 90 days after of appropriations to make such payments. RIES AND EXPENSES OF TINY FINDINGS CHILD the date of enactment of this Act, the Gov- (c) APPLICABILITY.—This section shall DEVELOPMENT CENTER ernment Accountability Office shall submit apply with respect to fiscal year 2020 and to the Committees on Appropriations of the SEC. 19009. The Government Accountability each succeeding fiscal year. House of Representatives and the Senate a Office may reimburse the Tiny Findings spend plan specifying funding estimates and SOURCE OF FUNDS USED FOR PAYMENT OF SALA- Child Development Center for salaries for a timeline for such audits and investiga- RIES AND EXPENSES OF LITTLE SCHOLARS employees incurred from April 1, 2020, to tions: Provided further, That $600,000 shall be CHILD DEVELOPMENT CENTER September 30, 2020, for employees of such made available to the Tiny Findings Child SEC. 19004. The Library of Congress shall Center who have been ordered to cease work- Development Center, subject to approval by reimburse Little Scholars Child Develop- ing due to measures taken in the Capitol the Committees on Appropriations of the ment Center for salaries for employees in- complex to combat coronavirus, not to ex- Senate and House of Representatives, the curred from April 1, 2020, to September 30, ceed $100,000 per month, from amounts in the Senate Committee on Rules and Administra- 2020, for employees of such Center who have appropriations account ‘‘Government Ac- tion, and the Committee on House Adminis- been ordered to cease working due to meas- countability Office—Salaries and Expenses’’. tration: Provided further, That such amount ures taken in the Capitol complex to combat OVERSIGHT AND AUDIT AUTHORITY is designated by the Congress as being for an coronavirus, not to exceed $113,000 per SEC. 19010. (a) DEFINITIONS.—In this sec- emergency requirement pursuant to section month, from amounts in the appropriations tion— 251(b)(2)(A)(i) of the Balanced Budget and account ‘‘Library of Congress—Salaries and (1) the term ‘‘appropriate congressional Emergency Deficit Control Act of 1985. Expenses’’. committees’’ means—

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2146 CONGRESSIONAL RECORD — SENATE March 25, 2020 (A) the Committee on Appropriations of recipients, or subrecipients pertaining to any in section 115(e)(15), such adjustment shall the Senate; Federal effort or assistance of any type re- not affect the ability to commence actions (B) the Committee on Homeland Security lated to the Coronavirus 2019 pandemic under for any claim of infringement of exclusive and Governmental Affairs of the Senate; this or any other Act, including private enti- rights provided by paragraphs (1) and (3) of (C) the Committee on Health, Education, ties receiving such assistance. section 106 against a digital music provider Labor, and Pensions of the Senate; (4) INSPECTION OF FACILITIES.—As deter- arising from the unauthorized reproduction (D) the Committee on Appropriations of mined necessary by the Comptroller General, or distribution of a musical work by such the House of Representatives; the Government Accountability Office may digital music provider in the course of en- (E) the Committee on Homeland Security inspect facilities at which Federal, State, or gaging in covered activities that accrued of the House of Representatives; local officials, contractor staff, grantee staff, after January 1, 2018, provided that such ac- (F) the Committee on Oversight and Re- or recipients or subrecipients carry out their tion is commenced within the time periods form of the House of Representatives; and responsibilities related to the Coronavirus prescribed under section 115(d)(10)(C)(i) or (G) the Committee on Energy and Com- 2019 pandemic. 115(d)(10)(C)(ii) as calculated from the ad- merce of the House of Representatives; and (5) ENFORCEMENT.—Access rights under justed license availability date. If the Reg- (2) the term ‘‘Comptroller General’’ means this subsection shall be subject to enforce- ister adjusts the license availability date, the Comptroller General of the United ment consistent with section 716 of title 31, the Register must provide the statement to States. United States Code. Congress under subsection (c) at the same (b) AUTHORITY.—The Comptroller General (e) RELATIONSHIP TO EXISTING AUTHORITY.— time as the public notice of such adjustment shall conduct monitoring and oversight of Nothing in this section shall be construed to with a detailed explanation of why such ad- the exercise of authorities, or the receipt, limit, amend, supersede, or restrict in any justment is needed. disbursement, and use of funds made avail- manner any existing authority of the Comp- ‘‘(e) COPYRIGHT TERM EXCEPTION.—The au- able, under this Act or any other Act to pre- troller General. thority of the Register to act under sub- pare for, respond to, and recover from the NATIONAL EMERGENCY RELIEF AUTHORITY FOR section (a) does not extend to provisions Coronavirus 2019 pandemic and the effect of THE REGISTER OF COPYRIGHTS under chapter 3, except section 304(c), or sec- the pandemic on the health, economy, and SEC. 19011. (a) AMENDMENT.—Chapter 7 of tion 1401(a)(2). public and private institutions of the United title 17, United States Code, is amended by ‘‘(f) OTHER LAWS.—Notwithstanding sec- States, including public health and home- adding at the end the following: tion 301 of the National Emergencies Act (50 land security efforts by the Federal Govern- U.S.C. 1631), the authority of the Register ment and the use of selected funds under this ‘‘§ 710. Emergency relief authority under subsection (a) is not contingent on a or any other Act related to the Coronavirus ‘‘(a) EMERGENCY ACTION.—If, on or before specification made by the President under 2019 pandemic and a comprehensive audit December 31, 2021, the Register of Copyrights such section or any other requirement under and review of charges made to Federal con- determines that a national emergency de- that Act (other than the emergency declara- tracts pursuant to authorities provided in clared by the President under the National tion under section 201(a) of such Act (50 the Coronavirus Aid, Relief, and Economic Emergencies Act (50 U.S.C. 1601 et seq.) gen- U.S.C. 1621(a))). The authority described in Security Act. erally disrupts or suspends the ordinary this section supersedes the authority of title (c) BRIEFINGS AND REPORTS.—In conducting functioning of the copyright system under II of the National Emergencies Act (50 U.S.C. monitoring and oversight under subsection this title, or any component thereof, includ- 1621 et seq.).’’. (b), the Comptroller General shall— ing on a regional basis, the Register may, on (b) TECHNICAL AND CONFORMING AMEND- (1) during the period beginning on the date a temporary basis, toll, waive, adjust, or MENT.—The table of sections for chapter 7 of of enactment of this Act and ending on the modify any timing provision (including any title 17, United States Code, is amended by date on which the national emergency de- deadline or effective period, except as pro- adding at the end the following: clared by the President under the National vided in subsection (c)) or procedural provi- ‘‘710. Emergency relief authority.’’. Emergencies Act (50 U.S.C. 1601 et seq.) with sion contained in this title or chapters II or (c) EMERGENCY REQUIREMENT.—The amount respect to the Coronavirus Disease 2019 III of title 37, Code of Federal Regulations, provided by this section is designated by the (COVID–19) expires, offer regular briefings on for no longer than the Register reasonably Congress as being for an emergency require- not less frequently than a monthly basis to determines to be appropriate to mitigate the ment pursuant to section 251(b)(2)(A)(i) of the appropriate congressional committees impact of the disruption caused by the na- the Balanced Budget and Emergency Deficit regarding Federal public health and home- tional emergency. In taking such action, the Control Act of 1985. land security efforts; Register shall consider the scope and sever- TITLE X (2) publish reports regarding the ongoing ity of the particular national emergency, DEPARTMENT OF VETERANS AFFAIRS monitoring and oversight efforts, which, and its specific effect with respect to the along with any audits and investigations particular provision, and shall tailor any VETERANS BENEFITS ADMINISTRATION conducted by the Comptroller General, shall remedy accordingly. GENERAL OPERATING EXPENSES, VETERANS be submitted to the appropriate congres- ‘‘(b) NOTICE AND EFFECT.—Any action BENEFITS ADMINISTRATION sional committees and posted on the website taken by the Register in response to a na- For an additional amount for ‘‘General Op- of the Government Accountability Office— tional emergency pursuant to subsection (a) erating Expenses, Veterans Benefits Admin- (A) not later than 90 days after the date of shall not be subject to section 701(e) or sub- istration’’, $13,000,000, to remain available enactment of this Act, and every other chapter II of chapter 5 of title 5, United until September 30, 2021, to prevent, prepare month thereafter until the date that is 1 States Code, and chapter 7 of title 5, United for, and respond to coronavirus, domestically year after the date of enactment of this Act; States Code. The provision of general public or internationally: Provided, That such and notice detailing the action being taken by amount is designated by the Congress as (B) after the period described in subpara- the Register in response to the national being for an emergency requirement pursu- graph (A), on a periodic basis; and emergency under subsection (a) is sufficient ant to section 251(b)(2)(A)(i) of the Balanced (3) submit to the appropriate congressional to effectuate such action. The Register may Budget and Emergency Deficit Control Act committees additional reports as warranted make such action effective both prospec- of 1985. by the findings of the monitoring and over- tively and retroactively in relation to a par- VETERANS HEALTH ADMINISTRATION sight activities of the Comptroller General. ticular provision as the Register determines MEDICAL SERVICES (d) ACCESS TO INFORMATION.— to be appropriate based on the timing, scope, For an additional amount for ‘‘Medical (1) RIGHT OF ACCESS.—In conducting moni- and nature of the public emergency, but any Services’’, $14,432,000,000, to remain available toring and oversight activities under this action by the Register may only be retro- until September 30, 2021, to prevent, prepare section, the Comptroller General shall have active with respect to a deadline that has for, and respond to coronavirus, domestically access to records, upon request, of any Fed- not already passed before the declaration de- or internationally, including related impacts eral, State, or local agency, contractor, scribed in subsection (a). on health care delivery, and for support to grantee, recipient, or subrecipient pertaining ‘‘(c) STATEMENT REQUIRED.—Except as pro- to any Federal effort or assistance of any vided in subsection (d), not later than 20 veterans who are homeless or at risk of be- type related to the Coronavirus 2019 pan- days after taking any action that results in coming homeless: Provided, That such demic under this Act or any other Act, in- a provision being modified for a cumulative amount is designated by the Congress as cluding private entities receiving such as- total of longer than 120 days, the Register being for an emergency requirement pursu- sistance. shall submit to Congress a statement detail- ant to section 251(b)(2)(A)(i) of the Balanced (2) COPIES.—The Comptroller General may ing the action taken, the relevant back- Budget and Emergency Deficit Control Act make and retain copies of any records ground, and rationale for the action. of 1985. accessed under paragraph (1) as the Comp- ‘‘(d) EXCEPTIONS.—The authority of the MEDICAL COMMUNITY CARE troller General determines appropriate. Register to act under subsection (a) does not For an additional amount for ‘‘Medical (3) INTERVIEWS.—In addition to such other extend provisions under this title requiring Community Care’’, $2,100,000,000, to remain authorities as are available, the Comptroller the commencement of an action or pro- available until September 30, 2021, to pre- General or a designee of the Comptroller ceeding in Federal court within a specified vent, prepare for, and respond to General may interview Federal, State, or period of time, except that if the Register coronavirus, domestically or internation- local officials, contractor staff, grantee staff, adjusts the license availability date defined ally, including related impacts on health

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2147 care delivery: Provided, That such amount is September 30, 2021, to prevent, prepare for, retary of Veterans Affairs may enter into designated by the Congress as being for an and respond to coronavirus, domestically or short-term agreements or contracts with emergency requirement pursuant to section internationally, including to modify or alter telecommunications companies to provide 251(b)(2)(A)(i) of the Balanced Budget and existing hospital, nursing home, and domi- temporary, complimentary or subsidized, Emergency Deficit Control Act of 1985. ciliary facilities in State homes: Provided, fixed and mobile broadband services for the That such amount is designated by the Con- MEDICAL SUPPORT AND COMPLIANCE purposes of providing expanded mental gress as being for an emergency requirement health services to isolated veterans through For an additional amount for ‘‘Medical pursuant to section 251(b)(2)(A)(i) of the Bal- telehealth or VA Video Connect during a Support and Compliance’’, $100,000,000, to re- anced Budget and Emergency Deficit Control public health emergency. main available until September 30, 2021, to Act of 1985. (b) ELIGIBILITY.— prevent, prepare for, and respond to RELATED AGENCIES (1) IN GENERAL.—The Secretary may ex- coronavirus, domestically or internation- pand eligibility for services described in sub- ally, including related impacts on health ARMED FORCES RETIREMENT HOME TRUST section (a) from the Department of Veterans care delivery: Provided, That such amount is FUND Affairs to include veterans already receiving designated by the Congress as being for an For an additional amount for the ‘‘Armed care from the Department who may not be emergency requirement pursuant to section Forces Retirement Home Trust Fund’’, eligible for mental health services or other 251(b)(2)(A)(i) of the Balanced Budget and $2,800,000, to remain available until Sep- health care services delivered through tele- Emergency Deficit Control Act of 1985. tember 30, 2021, to prevent, prepare for, and respond to coronavirus, to be paid from funds health or VA Video Connect. MEDICAL FACILITIES available in the Armed Forces Retirement (2) PRIORITY.—For purposes of expanding For an additional amount for ‘‘Medical Fa- Home Trust Fund: Provided, That of the eligibility under paragraph (1), the Secretary cilities’’, $606,000,000, to remain available amounts made available under this heading shall prioritize— until September 30, 2021, to prevent, prepare from funds available in the Armed Forces (A) veterans who are in unserved and un- for, and respond to coronavirus, domestically Retirement Home Trust Fund, $2,800,000 shall derserved areas; or internationally, including related impacts be paid from the general fund of the Treas- (B) veterans who reside in rural and highly on health care delivery: Provided, That such ury to the Trust Fund: Provided further, That rural areas, as defined in the Rural-Urban amount is designated by the Congress as the Chief Executive Officer of the Armed Commuting Areas coding system of the De- being for an emergency requirement pursu- Forces Retirement Home shall submit to the partment of Agriculture; ant to section 251(b)(2)(A)(i) of the Balanced Committees on Appropriations of both (C) low-income veterans; and Budget and Emergency Deficit Control Act Houses of Congress monthly reports detail- (D) any other veterans that the Secretary of 1985. ing obligations, expenditures, and planned considers to be at a higher risk for suicide activities: Provided further, That such DEPARTMENTAL ADMINISTRATION and mental health concerns during isolation amount is designated by the Congress as periods due to a public health emergency. GENERAL ADMINISTRATION being for an emergency requirement pursu- (c) DEFINITIONS.—In this section: For an additional amount for ‘‘General Ad- ant to section 251(b)(2)(A)(i) of the Balanced (1) TELEHEALTH.— ministration’’, $6,000,000, to remain available Budget and Emergency Deficit Control Act (A) IN GENERAL.—The term ‘‘telehealth’’ until September 30, 2021, to prevent, prepare of 1985. means the use of electronic information and for, and respond to coronavirus, domestically GENERAL PROVISIONS—THIS TITLE telecommunications technologies to support or internationally: Provided, That such (INCLUDING TRANSFER OF FUNDS) and promote long-distance clinical health amount is designated by the Congress as SEC. 20001. Amounts made available for the care, patient and professional health-related being for an emergency requirement pursu- Department of Veterans Affairs in this title, education, public health, and health admin- ant to section 251(b)(2)(A)(i) of the Balanced under the ‘‘Medical Services’’, ‘‘Medical istration. Budget and Emergency Deficit Control Act Community Care’’, ‘‘Medical Support and (B) TECHNOLOGIES.—For purposes of sub- of 1985. Compliance’’, and ‘‘Medical Facilities’’ ac- paragraph (A), telecommunications tech- INFORMATION TECHNOLOGY SYSTEMS counts may be transferred among the ac- nologies include videoconferencing, the For an additional amount for ‘‘Information counts to prevent, prepare for, and respond internet, streaming media, and terrestrial Technology Systems’’, $2,150,000,000, to re- to coronavirus, domestically and inter- and wireless communications. main available until September 30, 2021, to nationally: Provided, That any transfers (2) VA VIDEO CONNECT.—The term ‘‘VA prevent, prepare for, and respond to among the ‘‘Medical Services’’, ‘‘Medical Video Connect’’ means the program of the coronavirus, domestically or internation- Community Care’’, ‘‘Medical Support and Department of Veterans Affairs to connect ally, including related impacts on health Compliance’’, and ‘‘Medical Facilities’’ ac- veterans with their health care team from care delivery: Provided, That the Secretary counts of 2 percent or less of the total anywhere, using encryption to ensure a se- shall transmit to the Committees on Appro- amount appropriated to an account in this cure and private session. priations of both Houses of Congress a spend title may take place subject to notification TREATMENT OF STATE HOMES DURING PUBLIC plan detailing the allocation of such funds from the Secretary of Veterans Affairs to the HEALTH EMERGENCY between pay and associated costs, operations Committees on Appropriations of both SEC. 20005. (a) WAIVER OF OCCUPANCY RATE and maintenance, and information tech- Houses of Congress of the amount and pur- REQUIREMENTS.—During a public health nology systems development: Provided fur- pose of the transfer: Provided further, That emergency, occupancy rate requirements for ther, That after such transmittal is provided, any transfers among the ‘‘Medical Services’’, State homes for purposes of receiving per funds may only be reprogrammed among the ‘‘Medical Community Care’’, ‘‘Medical Sup- diem payments set forth in section 51.40(c) of three subaccounts referenced in the previous port and Compliance’’, and ‘‘Medical Facili- title 38, Code of Federal Regulations, or suc- proviso after the Secretary of Veterans Af- ties’’ accounts in excess of 2 percent of the cessor regulations, shall not apply. fairs submits notice to the Committees on total amount appropriated to an account in (b) WAIVER OF VETERAN PERCENTAGE RE- this title, or exceeding a cumulative 2 per- Appropriations of both Houses of Congress: QUIREMENTS.—During a public health emer- Provided further, That such amount is des- cent for all of the funds provided in this gency, the veteran percentage requirements ignated by the Congress as being for an title, may take place only after the Sec- for State homes set forth in section 51.210(d) emergency requirement pursuant to section retary requests from the Committees on Ap- of title 38, Code of Regulations, or successor 251(b)(2)(A)(i) of the Balanced Budget and propriations of both Houses of Congress the regulations, and in agreements for grants to Emergency Deficit Control Act of 1985. authority to make the transfer and an ap- construct State homes, shall not apply. proval is issued. (c) PROVISION OF MEDICINE, EQUIPMENT, AND OFFICE OF INSPECTOR GENERAL SEC. 20002. For all of the funds appro- SUPPLIES.— For an additional amount for ‘‘Office of In- priated in this title the Secretary of Vet- (1) IN GENERAL.—During a public health spector General’’, $12,500,000, to remain erans Affairs shall submit to the Committees emergency, the Secretary of Veterans Affairs available until September 30, 2022, to pre- on Appropriations of both Houses of Con- may provide to State homes medicines, per- vent, prepare for, and respond to gress monthly reports detailing obligations, sonal protective equipment, medical sup- coronavirus, domestically or internation- expenditures, and planned activities. plies, and any other equipment, supplies, and ally, for oversight and audit of programs, ac- PUBLIC HEALTH EMERGENCY assistance available to the Department of tivities, grants and projects funded under SEC. 20003. In this title, the term ‘‘public Veterans Affairs. this title: Provided, That such amount is des- health emergency’’ means an emergency (2) PROVISION OF EQUIPMENT.—Personal pro- ignated by the Congress as being for an with respect to COVID–19 declared by a Fed- tective equipment may be provided under emergency requirement pursuant to section eral, State, or local authority. paragraph (1) through the All Hazards Emer- 251(b)(2)(A)(i) of the Balanced Budget and SHORT-TERM AGREEMENTS OR CONTRACTS WITH gency Cache of the Department of Veterans Emergency Deficit Control Act of 1985. TELECOMMUNICATIONS PROVIDERS TO EXPAND Affairs or any other source available to the GRANTS FOR CONSTRUCTION OF STATE TELEMENTAL HEALTH SERVICES FOR ISO- Department. EXTENDED CARE FACILITIES LATED VETERANS DURING A PUBLIC HEALTH (d) DEFINITIONS.—In this section: For an additional amount for ‘‘Grants for EMERGENCY (1) PERSONAL PROTECTIVE EQUIPMENT.—The Construction of State Extended Care Facili- SEC. 20004. (a) IN GENERAL.—Notwith- term ‘‘personal protective equipment’’ ties’’, $150,000,000, to remain available until standing any other provision of law, the Sec- means any protective equipment required to

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prevent the wearer from contracting COVID– (1) IN GENERAL.—For each month that the section 2044 of title 38, United States Code, 19, including gloves, N–95 respirator masks, Secretary waives a limitation under sub- may be construed as limiting amounts that gowns, goggles, face shields, or other equip- section (a), the Secretary shall submit to the may be made available for carrying out sub- ment required for safety. Committee on Veterans’ Affairs of the Sen- sections (a), (b), and (c) of such section. (2) PUBLIC HEALTH EMERGENCY.—The term ate and the Committee on Veterans’ Affairs MODIFICATIONS TO COMPREHENSIVE SERVICE ‘‘public health emergency’’ means an emer- of the House of Representatives a report on PROGRAMS FOR HOMELESS VETERANS DURING gency with respect to COVID–19 declared by the waiver. A PUBLIC HEALTH EMERGENCY a Federal, State, or local authority. (2) CONTENTS.—Each report submitted SEC. 20013. (a) RULE OF CONSTRUCTION.—In under paragraph (1) for a waiver or waivers (3) STATE HOME.—The term ‘‘State home’’ the case of a public health emergency, no au- in a month shall include the following: has the meaning given that term in section thorization of appropriations in section 2014 (A) Where the waiver or waivers were used, 101(19) of title 38, United States Code. of title 38, United States Code, may be con- MODIFICATIONS TO VETERAN DIRECTED CARE including in which component of the Depart- ment and, as the case may be, which medical strued as limiting amounts that may be ap- PROGRAM OF DEPARTMENT OF VETERANS AF- center of the Department. propriated for carrying out subchapter II of FAIRS (B) For how many employees the waiver or chapter 20 of such title. (b) GRANTS AND PER DIEM PAYMENTS.—In SEC. 20006. (a) TELEPHONE OR TELEHEALTH waivers were used, disaggregated by compo- the case of a public health emergency, the RENEWALS.—For the Veteran Directed Care nent of the Department and, if applicable, Secretary of Veterans Affairs may waive any program of the Department of Veterans Af- medical center of the Department. limits on— fairs (in this section referred to as the ‘‘Pro- (C) The average amount by which each (1) grant amounts under sections 2011 and gram’’), during a public health emergency, payment exceeded the waived pay limitation 2061 of title 38, United States Code; and the Secretary of Veterans Affairs shall— that was waived, disaggregated by compo- (2) rates for per diem payments under sec- (1) waive the requirement that an area nent of the Department and, if applicable, tions 2012 and 2061 of such title. agency on aging process new enrollments medical center of the Department. (c) PARTICIPANT ABSENCE.—Notwith- and six-month renewals for the Program via (c) EMPLOYEE OF THE DEPARTMENT OF VET- an in-person or home visit; and ERANS AFFAIRS DEFINED.—In this section, the standing Veterans Health Administration (2) allow new enrollments and sixth-month term ‘‘employee of the Department of Vet- Handbook 1162.01(1), dated July 12, 2013, and renewals for the Program to be conducted erans Affairs’’ includes any employee of the amended June 30, 2014, and titled ‘‘Grant and via telephone or telehealth modality. Department of Veterans Affairs, regardless Per Diem (GPD) Program’’, or any other pro- (b) NO SUSPENSION OR DISENROLLMENT.— of the authority under which the employee vision of law, for the duration of a public During a public health emergency, the Sec- was hired. health emergency, the Secretary— (1) shall waive any requirement to dis- retary shall not suspend or dis-enroll a vet- PROVISION BY DEPARTMENT OF VETERANS AF- charge a veteran from the grant and per eran or caregiver of a veteran from the Pro- FAIRS OF PERSONAL PROTECTIVE EQUIPMENT diem program of the Veterans Health Admin- gram unless— FOR HOME HEALTH WORKERS (1) requested to do so by the veteran or a istration after the veteran is absent for 14 SEC. 20009. (a) PROVISION OF EQUIPMENT.— representative of the veteran; or days; and (1) IN GENERAL.—During a public health (2) a mutual decision is made between the (2) may continue to pay per diem to grant emergency, the Secretary of Veterans Affairs veteran and a health care provider of the recipients and eligible entities under the shall provide to employees and contractors veteran to suspend or dis-enroll the veteran program for any additional days of absence of the Department of Veterans Affairs per- or caregiver from the Program. when a veteran has already been absent for sonal protective equipment necessary to pro- (c) WAIVER OF PAPERWORK REQUIREMENT.— more than 72 hours. vide home care to veterans under the laws During a public health emergency, the Sec- SEC. 20014. The amounts provided by sec- administered by the Secretary. retary may waive the requirement for tions 20003 through 20013 of this title in this (2) SOURCE OF EQUIPMENT.—Personal pro- signed, mailed paperwork to confirm the en- Act are designated by the Congress as being tective equipment may be provided under rollment or renewal of a veteran in the Pro- for an emergency requirement pursuant to paragraph (1) through the All Hazards Emer- gram and may allow verbal consent of the section 251(b)(2)(A)(i) of the Balanced Budget gency Cache of the Department or any other veteran via telephone or telehealth modality and Emergency Deficit Control Act of 1985. source available to the Department. to suffice for purposes of such enrollment or (b) DEFINITIONS.—In this section: TITLE XI renewal. (1) HOME CARE.—The term ‘‘home care’’ has DEPARTMENT OF STATE (d) WAIVER OF OTHER REQUIREMENTS.—Dur- the meaning given that term in section ADMINISTRATION OF FOREIGN AFFAIRS ing a public health emergency, the Secretary 1803(c) of title 38, United States Code. shall waive— DIPLOMATIC PROGRAMS (2) PERSONAL PROTECTIVE EQUIPMENT.—The (1) any penalty for late paperwork relating term ‘‘personal protective equipment’’ For an additional amount for ‘‘Diplomatic to the Program; and means any protective equipment required to Programs’’, $324,000,000, to remain available (2) any requirement to stop payments for prevent the wearer from contracting COVID– until September 30, 2022, to prevent, prepare veterans or caregivers of veterans under the 19, including gloves, N–95 respirator masks, for, and respond to coronavirus, including for Program if they are out of State for more gowns, goggles, face shields, or other equip- necessary expenses to maintain consular op- than 14 days. ment required for safety. erations and to provide for evacuation ex- (e) AREA AGENCY ON AGING DEFINED.—In penses and emergency preparedness: Pro- CLARIFICATION OF TREATMENT OF PAYMENTS this section, the term ‘‘area agency on vided, That such amount is designated by the FOR PURPOSES OF ELIGIBILITY FOR VETERANS aging’’ has the meaning given that term in Congress as being for an emergency require- PENSION AND OTHER VETERANS BENEFITS section 102 of the Older Americans Act of ment pursuant to section 251(b)(2)(A)(i) of 1965 (42 U.S.C. 3002). SEC. 20010. Amounts paid to a person under the Balanced Budget and Emergency Deficit the 2020 Recovery Rebate in the Coronavirus PROVISION BY DEPARTMENT OF VETERANS AF- Control Act of 1985. Aid, Relief, and Economic Security Act shall FAIRS OF PROSTHETIC APPLIANCES THROUGH not be treated as income or resources for UNITED STATES AGENCY FOR NON-DEPARTMENT PROVIDERS DURING PUBLIC purposes of determining eligibility for pen- INTERNATIONAL DEVELOPMENT HEALTH EMERGENCY sion under chapter 15 of title 38, United FUNDS APPROPRIATED TO THE PRESIDENT SEC. 20007. The Secretary of Veterans Af- States Code, or any other benefit under a law OPERATING EXPENSES fairs shall ensure that, to the extent prac- administered by the Secretary of Veterans For an additional amount for ‘‘Operating ticable, veterans who are receiving or are el- Affairs. Expenses’’, $95,000,000, to remain available igible to receive a prosthetic appliance under AVAILABILITY OF TELEHEALTH FOR CASE until September 30, 2022, to prevent, prepare section 1714 or 1719 of title 38, United States MANAGERS AND HOMELESS VETERANS for, and respond to coronavirus: Provided, Code, are able to receive such an appliance SEC. 20011. The Secretary of Veterans Af- That such amount is designated by the Con- that the Secretary determines is needed fairs shall ensure that telehealth capabilities gress as being for an emergency requirement from a non-Department of Veterans Affairs are available during a public health emer- pursuant to section 251(b)(2)(A)(i) of the Bal- provider under a contract with the Depart- gency for case managers of, and homeless anced Budget and Emergency Deficit Control ment during a public health emergency. veterans participating in, the Department of Act of 1985. WAIVER OF PAY CAPS FOR EMPLOYEES OF DE- Housing and Urban Development–Depart- BILATERAL ECONOMIC ASSISTANCE PARTMENT OF VETERANS AFFAIRS DURING ment of Veterans Affairs Supportive Housing PUBLIC HEALTH EMERGENCIES program (commonly referred to as ‘‘HUD– FUNDS APPROPRIATED TO THE PRESIDENT SEC. 20008. (a) IN GENERAL.—Notwith- VASH’’). INTERNATIONAL DISASTER ASSISTANCE standing any other provision of law, the Sec- FUNDING LIMITS FOR FINANCIAL ASSISTANCE For an additional amount for ‘‘Inter- retary of Veterans Affairs may waive any FOR SUPPORTIVE SERVICES FOR VERY LOW-IN- national Disaster Assistance’’, $258,000,000, to limitation on pay for an employee of the De- COME VETERAN FAMILIES IN PERMANENT remain available until expended, to prevent, partment of Veterans Affairs during a public HOUSING DURING A PUBLIC HEALTH EMER- prepare for, and respond to coronavirus: Pro- health emergency for work done in support GENCY vided, That such amount is designated by the of response to the emergency. SEC. 20012. In the case of a public health Congress as being for an emergency require- (b) REPORTING.— emergency, nothing in subsection (e)(1) of ment pursuant to section 251(b)(2)(A)(i) of

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2149 the Balanced Budget and Emergency Deficit Law 116–94) is amended under the heading 104 of part 37 of title 48, Code of Federal Reg- Control Act of 1985. ‘‘Millennium Challenge Corporation’’ in title ulations and including pursuant to section DEPARTMENT OF STATE III by striking ‘‘ $105,000,000’’ in the first pro- 904 of the Foreign Service Act of 1980 (22 viso and inserting in lieu thereof ‘‘ U.S.C. 4084)) to prevent, prepare for, and re- MIGRATION AND REFUGEE ASSISTANCE $107,000,000’’. spond to coronavirus, within the United For an additional amount for ‘‘Migration SEC. 21007. Notwithstanding any other pro- States and abroad, subject to prior consulta- and Refugee Assistance’’, $350,000,000, to revision of law, and in addition to leave au- tion with, and the notification procedures of, main available until expended, to prevent, thorized under any other provision of law, the Committee on Appropriations and the prepare for, and respond to coronavirus: Pro- the Secretary of State and the Adminis- Committee on Foreign Relations of the Sen- vided, That such amount is designated by the trator of the United States Agency for Inter- ate and the Committee on Appropriations Congress as being for an emergency require- national Development may, in order to pre- and the Committee on Foreign Affairs of the ment pursuant to section 251(b)(2)(A)(i) of vent, prepare for, and respond to House of Representatives: Provided, That the Balanced Budget and Emergency Deficit coronavirus, provide additional paid leave to such individuals may not be deemed employ- Control Act of 1985. address employee hardships resulting from ees of the United States for the purpose of INDEPENDENT AGENCIES coronavirus: Provided, That this authority any law administered by the Office of Per- shall apply to leave taken since January 29, PEACE CORPS sonnel Management: Provided further, That 2020, and may be provided abroad and domes- not later than 15 days after utilizing this au- For an additional amount for ‘‘Peace tically: Provided further, That the Secretary thority, the Secretary of State shall provide Corps’’, $88,000,000, to remain available until and the Administrator shall consult with the a report to the Committee on Appropriations September 30, 2022, to prevent, prepare for, Committee on Appropriations and the Com- and the Committee on Foreign Relations of and respond to coronavirus: Provided, That mittee on Foreign Relations of the Senate the Senate and the Committee on Appropria- such amount is designated by the Congress and the Committee on Appropriations and tions and the Committee on Foreign Affairs as being for an emergency requirement pur- the Committee on Foreign Affairs of the of the House of Representatives on the over- suant to section 251(b)(2)(A)(i) of the Bal- House of Representatives prior to implemen- all staffing needs for the Office of Medical anced Budget and Emergency Deficit Control tation of such authority: Provided further, Services: Provided further, That the author- Act of 1985. That the authority made available pursuant ity made available pursuant to this section GENERAL PROVISIONS—THIS TITLE to this section shall expire on September 30, shall expire on September 30, 2022. 2022. (INCLUDING TRANSFER OF FUNDS) SEC. 21008. The Secretary of State, to pre- SEC. 21011. Notwithstanding any other pro- SEC. 21001. The authorities and limitations vent, prepare for, and respond to vision of law, the Secretary of State and the of section 402 of the Coronavirus Prepared- coronavirus, may exercise the authorities of Administrator of the United States Agency ness and Response Supplemental Appropria- section 3(j) of the State Department Basic for International Development may author- tions Act (division A of Public Law 116–123) Authorities Act of 1956 (22 U.S.C. 2670(j)) to ize any oath of office required by law to, in shall apply to funds appropriated by this provide medical services or related support particular circumstances that could other- title as follows: for private United States citizens, nationals, wise pose health risks, be administered re- (1) Subsections (a), (d), (e), and (f) shall and permanent resident aliens abroad, or motely, subject to appropriate verification: apply to funds under the heading ‘‘Diplo- third country nationals connected to such Provided, That prior to initially exercising matic Programs’’; and persons or to the diplomatic or development the authority of this section, the Secretary (2) Subsections (c), (d), (e), and (f) shall missions of the United States abroad, who and the Administrator shall each submit a apply to funds under the heading ‘‘Inter- are unable to obtain such services or support report to the Committee on Appropriations national Disaster Assistance’’. otherwise: Provided, That such assistance and the Committee on Foreign Relations of SEC. 21002. Funds appropriated by this title shall be provided on a reimbursable basis to the Senate and the Committee on Appropria- under the headings ‘‘Diplomatic Programs’’, the extent feasible: Provided further, That tions and the Committee on Foreign Affairs ‘‘Operating Expenses’’, and ‘‘Peace Corps’’ such reimbursements may be credited to the of the House of Representatives describing may be used to reimburse such accounts ad- applicable Department of State appropria- the process and procedures for administering ministered by the Department of State, the tion and shall remain available until ex- such oaths, including appropriate United States Agency for International De- pended: Provided further, That the Secretary verification: Provided further, That the au- velopment, and the Peace Corps, as appro- shall prioritize providing medical services or thority made available pursuant to this sec- priate, for obligations incurred to prevent, related support to individuals eligible for the tion shall expire on September 30, 2021. prepare for, and respond to coronavirus prior health program under section 904 of the For- SEC. 21012. (a) PURPOSES.—For purposes of to the date of enactment of this Act. eign Service Act of 1980 (22 U.S.C. 4084): Pro- strengthening the ability of foreign coun- SEC. 21003. The reporting requirement of vided further, That the authority made avail- tries to prevent, prepare for, and respond to section 406(b) of the Coronavirus Prepared- able pursuant to this section shall expire on coronavirus and to the adverse economic im- ness and Response Supplemental Appropria- September 30, 2022. pacts of coronavirus, in a manner that would tions Act, 2020 (division A of Public Law 116– SEC. 21009. Notwithstanding section 6(b) of protect the United States from the spread of 123) shall apply to funds appropriated by this the Department of State Authorities Act of coronavirus and mitigate an international title: Provided, That the requirement to 2006 (Public Law 109–472; 120 Stat. 3556), dur- economic crisis resulting from coronavirus jointly submit such report shall not apply to ing fiscal year 2020, passport and immigrant that may pose a significant risk to the econ- the Director of the Peace Corps: Provided fur- visa surcharges collected in any fiscal year omy of the United States, each paragraph of ther, That reports required by such section pursuant to the fourth paragraph under the subsection (b) shall take effect upon enact- may be consolidated and shall include infor- heading ‘‘Diplomatic and Consular Pro- ment of this Act. mation on all funds made available to such grams’’ in the Department of State and Re- (b) CORONAVIRUS RESPONSES.— Federal agencies to prevent, prepare for, and lated Agency Appropriations Act, 2005 (title (1) INTERNATIONAL DEVELOPMENT ASSOCIA- respond to coronavirus. IV of division B of Public Law 108–447; 8 TION REPLENISHMENT.—The International De- SEC. 21004. Section 7064(a) of the Depart- U.S.C. 1714) may be obligated and expended velopment Association Act (22 U.S.C. 284 et ment of State, Foreign Operations, and Re- for the costs of providing consular services: seq.) is amended by adding at the end the fol- lated Programs Appropriations Act, 2020 (di- Provided, That such funds should be lowing new section: vision G of Public Law 116–94) is amended by prioritized for United States citizen services: ‘‘SEC. 31. NINETEENTH REPLENISHMENT. striking ‘‘ $100,000,000’’ and inserting in lieu Provided further, That not later than 90 days thereof ‘‘ $110,000,000’’, and by adding the fol- after the expiration of this authority, the ‘‘(a) IN GENERAL.—The United States Gov- lowing before the period at the end: ‘‘: Pro- Secretary of State shall provide a report to ernor of the International Development As- vided, That no amounts may be used that the Committee on Appropriations and the sociation is authorized to contribute on be- were designated by the Congress for Overseas Committee on Foreign Relations of the Sen- half of the United States $3,004,200,000 to the Contingency Operations/Global War on Ter- ate and the Committee on Appropriations nineteenth replenishment of the resources of rorism pursuant to the Concurrent Resolu- and the Committee on Foreign Affairs of the the Association, subject to obtaining the tion on the Budget or the Balanced Budget House of Representatives detailing the spe- necessary appropriations. and Emergency Deficit Control Act of 1985’’. cific expenditures made pursuant to this au- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— SEC. 21005. The Department of State, For- thority: Provided further, That the amount In order to pay for the United States con- eign Operations, and Related Programs Ap- provided by this section is designated by the tribution provided for in subsection (a), propriations Act, 2020 (division G of Public Congress as being for an emergency require- there are authorized to be appropriated, Law 116–94) is amended under the heading ment pursuant to section 251(b)(2)(A)(i) of without fiscal year limitation, $3,004,200,000 ‘‘Emergencies in the Diplomatic and Con- the Balanced Budget and Emergency Deficit for payment by the Secretary of the Treas- sular Service’’ in title I by striking ‘‘ Control Act of 1985. ury.’’. $1,000,000’’ and inserting in lieu thereof ‘‘ SEC. 21010. The Department of State and (2) INTERNATIONAL FINANCE CORPORATION $5,000,000’’. the United States Agency for International AUTHORIZATION.—The International Finance SEC. 21006. The Department of State, For- Development are authorized to enter into Corporation Act (22 U.S.C. 282 et seq.) is eign Operations, and Related Programs Ap- contracts with individuals for the provision amended by adding at the end the following propriations Act, 2020 (division G of Public of personal services (as described in section new section:

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2150 CONGRESSIONAL RECORD — SENATE March 25, 2020 ‘‘SEC. 18. CAPITAL INCREASES AND AMENDMENT ‘‘(3) In order to carry out the purposes of a in this Act shall only be available to spon- TO THE ARTICLES OF AGREEMENT. one-time decision of the Executive Directors sors of airports defined in section 47102 of ‘‘(a) VOTES AUTHORIZED.—The United of the International Monetary Fund (the title 49, United States Code: Provided further, States Governor of the Corporation is au- Fund) to expand the resources of the New Ar- That funds provided under this heading in thorized to vote in favor of— rangements to Borrow, established pursuant this Act shall not otherwise be subject to the ‘‘(1) a resolution to increase the authorized to the decision of January 27, 1997, referred requirements of chapter 471 of such title: capital stock of the Corporation by 16,999,998 to in paragraph (1), the Secretary of the Provided further, That notwithstanding the shares, to implement the conversion of a por- Treasury is authorized to make loans, in an previous proviso, section 47112(b) of such tion of the retained earnings of the Corpora- amount not to exceed the dollar equivalent title shall apply to funds provided for any tion into paid-in capital, which will result in of 28,202,470,000 of Special Drawing Rights, in contract awarded (after the date of enact- the United States being issued an additional addition to any amounts previously author- ment) for airport development and funded 3,771,899 shares of capital stock, without any ized under this section, except that prior to under this heading: Provided further, That cash contribution; activation of the New Arrangements to Bor- funds provided under this heading in this Act ‘‘(2) a resolution to increase the authorized row, the Secretary of the Treasury shall re- may not be used for any purpose not directly capital stock of the Corporation on a general port to Congress whether supplementary re- related to the airport: Provided further, That basis by 4,579,995 shares; and sources are needed to forestall or cope with of the amounts appropriated under this head- ‘‘(3) a resolution to increase the authorized an impairment of the international mone- ing in this Act— capital stock of the Corporation on a selec- tary system and whether the Fund has fully (1) Not less than $500,000,000 shall be avail- tive basis by 919,998 shares. explored other means of funding to the able to pay a Federal share of 100 percent of the costs for which a grant is made under ‘‘(b) AMENDMENT OF THE ARTICLES OF Fund.’’; Public Law 116–94: Provided, That any re- AGREEMENT.—The United States Governor of (III) in paragraph (5), as so redesignated, maining funds after the apportionment the Corporation is authorized to agree to and by striking ‘‘paragraph (3)’’ and inserting under this paragraph (1) shall be distributed accept an amendment to article II, section ‘‘paragraph (4)’’; and as described in paragraph (2) under this head- 2(c)(ii) of the Articles of Agreement of the (IV) in paragraph (6), as so redesignated, by ing in this Act; Corporation that would increase the vote by striking ‘‘December 16, 2022’’ and inserting (2) Not less than $7,400,000,000 shall be which the Board of Governors of the Cor- ‘‘December 31, 2025’’; and available for any purpose for which airport poration may increase the capital stock of (ii) in subsection (e)(1) by striking ‘‘(a)(2),’’ revenues may lawfully be used: Provided, the Corporation from a four-fifths majority each place such term appears and inserting That 50 percent of such funds shall be allo- to an eighty-five percent majority.’’. ‘‘(a)(2), (a)(3),’’. cated among all commercial service airports (3) AFRICAN DEVELOPMENT BANK.—The Afri- (B) EMERGENCY DESIGNATION.—The amount based on each sponsor’s calendar year 2018 can Development Bank Act (22 U.S.C. 290i et provided by this paragraph is designated by enplanements as a percentage of total 2018 seq.) is amended by adding at the end the fol- the Congress as being for an emergency re- enplanements for all commercial service air- lowing new section: quirement pursuant to section 251(b)(2)(A)(i) ports: Provided further, That the remaining 50 ‘‘SEC. 1345. SEVENTH CAPITAL INCREASE. of the Balanced Budget and Emergency Def- percent of such funds shall be allocated ‘‘(a) SUBSCRIPTION AUTHORIZED.— icit Control Act of 1985. among all commercial service airports based ‘‘(1) IN GENERAL.—The United States Gov- TITLE XII on an equal combination of each sponsor’s ernor of the Bank may subscribe on behalf of DEPARTMENT OF TRANSPORTATION fiscal year 2018 debt service as a percentage the United States to 532,023 additional shares of the combined debt service for all commer- of the capital stock of the Bank. OFFICE OF THE SECRETARY cial service airports and each sponsor’s ratio ‘‘(2) LIMITATION.—Any subscription by the SALARIES AND EXPENSES of unrestricted reserves to their respective United States to the capital stock of the For an additional amount for ‘‘Salaries debt service: Provided further, That the Fed- Bank shall be effective only to such extent and Expenses’’, $1,753,000, to remain avail- eral share payable of the costs for which a and in such amounts as are provided in ad- able until expended, to prevent, prepare for, grant is made under this paragraph shall be vance in appropriations Acts. and respond to coronavirus, including nec- 100 percent: ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— essary expenses for operating costs and cap- (3) Up to $2,000,000,000 shall be available for ‘‘(1) IN GENERAL.—In order to pay for the ital outlays: Provided, That such amounts any purpose for which airport revenues may increase in the United States subscription to are in addition to any other amounts made lawfully be used, and: (A) be apportioned as the Bank under subsection (a), there are au- available for this purpose: Provided further, set forth in section 47114(c)(1)(C)(i), thorized to be appropriated, without fiscal That obligations of amounts under this head- 47114(c)(1)(C)(ii), or 47114(c)(1)(H) of title 49, year limitation, $7,286,587,008 for payment by ing in this Act shall not be subject to the United States Code; (B) not be subject to the the Secretary of the Treasury. limitation on obligations under the heading reduced apportionments of 49 U.S.C. 47114(f); ‘‘(2) SHARE TYPES.—Of the amount author- ‘‘Office of the Secretary—Working Capital and (C) have no maximum apportionment ized to be appropriated under paragraph (1)— Fund’’ in division H of the Further Consoli- limit, notwithstanding 47114(c)(1)(C)(iii) of ‘‘(A) $437,190,016 shall be for paid in shares dated Appropriations Act, 2020 (Public Law title 49, United States Code: Provided, That of the Bank; and 116–94): Provided further, That such amount is any remaining funds after the apportion- ‘‘(B) $6,849,396,992 shall be for callable designated by the Congress as being for an ment under this paragraph (3) shall be dis- shares of the Bank.’’. emergency requirement pursuant to section tributed as described in paragraph (2) under (4) AFRICAN DEVELOPMENT FUND.—The Afri- 251(b)(2)(A)(i) of the Balanced Budget and this heading in this Act: Provided further, can Development Fund Act (22 U.S.C. 290g et Emergency Deficit Control Act of 1985. That the Federal share payable of the costs seq.) is amended by adding at the end the fol- ESSENTIAL AIR SERVICE for which a grant is made under this para- lowing new section: In addition to funds provided to the ‘‘Pay- graph shall be 100 percent; and ‘‘SEC. 226. FIFTEENTH REPLENISHMENT. ments to Air Carriers’’ program in Public (4) Not less than $100,000,000 shall be for ‘‘(a) IN GENERAL.—The United States Gov- Law 116–94 to carry out the essential air general aviation airports for any purpose for ernor of the Fund is authorized to contribute service program under section 41731 through which airport revenues may lawfully be used, on behalf of the United States $513,900,000 to 41742 of title 49, United States Code, and, which the Secretary shall apportion di- the fifteenth replenishment of the resources $56,000,000, to be derived from the general rectly to each eligible airport, as defined in of the Fund, subject to obtaining the nec- fund of the Treasury, and to be made avail- section 47102(8) of title 49, United States essary appropriations. able to the Essential Air Service and Rural Code, based on the categories published in ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— Improvement Fund, to remain available the most current National Plan of Integrated In order to pay for the United States con- until expended, to prevent, prepare for, and Airport Systems, reflecting the percentage tribution provided for in subsection (a), respond to coronavirus: Provided, That such of the aggregate published eligible develop- there are authorized to be appropriated, amount is designated by the Congress as ment costs for each such category, and then without fiscal year limitation, $513,900,000 being for an emergency requirement pursu- dividing the allocated funds evenly among for payment by the Secretary of the Treas- ant to section 251(b)(2)(A)(i) of the Balanced the eligible airports in each category, round- ury.’’. Budget and Emergency Deficit Control Act ing up to the nearest thousand dollars: Pro- (5) INTERNATIONAL MONETARY FUND AUTHOR- of 1985. vided, That the Federal share payable of the IZATION FOR NEW ARRANGEMENTS TO BOR- FEDERAL AVIATION ADMINISTRATION costs for which a grant is made under this ROW.— paragraph shall be 100 percent: (A) IN GENERAL.—Section 17 of the Bretton GRANTS-IN-AID FOR AIRPORTS Provided further, That the Administrator of Woods Agreements Act (22 U.S.C. 286e–2) is For an additional amount for ‘‘Grants-In- the Federal Aviation Administration may re- amended— Aid for Airports’’, $10,000,000,000, to prevent, tain up to 0.1 percent of the funds provided (i) in subsection (a)— prepare for, and respond to coronavirus, to under this heading in this Act to fund the (I) by redesignating paragraphs (3), (4), and remain available until expended: Provided, award and oversight by the Administrator of (5) as paragraphs (4), (5), and (6), respec- That amounts made available under this grants made under this heading in this Act: tively; heading in this Act shall be derived from the Provided further, That obligations of funds (II) by inserting after paragraph (2) the fol- general fund of the Treasury: Provided fur- under this heading in this Act shall not be lowing new paragraph: ther, That funds provided under this heading subject to any limitations on obligations

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2151 provided in Public Law 116–94: Provided fur- prepare for, and respond to coronavirus, in- operating expenses are not required to be in- ther, That all airports receiving funds under cluding to enable the Secretary of Transpor- cluded in a transportation improvement pro- this heading in this Act shall continue to tation to make or amend existing grants to gram, long-range transportation, statewide employ, through December 31, 2020, at least the National Railroad Passenger Corporation transportation plan, or a statewide transpor- 90 percent of the number of individuals em- for activities associated with the National tation improvement program: Provided fur- ployed (after making adjustments for retire- Network as authorized by section 11101(b) of ther, That the Secretary shall not waive the ments or voluntary employee separations) by the Fixing America’s Surface Transportation requirements of section 5333 of title 49, the airport as of the date of enactment of Act (division A of Public Law 114–94): Pro- United States Code, for funds appropriated this Act: Provided further, That the Secretary vided, That a State shall not be required to under this heading in this Act or for funds may waive the workforce retention require- pay the National Railroad Passenger Cor- previously made available under section 5307 ment in the previous proviso, if the Sec- poration more than 80 percent of the amount of title 49, United States Code, or sections retary determines the airport is experiencing paid in fiscal year 2019 under section 209 of 5311, 5337, or 5340 of such title as a result of economic hardship as a direct result of the the Passenger Rail Investment and Improve- the coronavirus: Provided further, That un- requirement, or the requirement reduces ment Act of 2008 (Public Law 110–432) and less otherwise specified, applicable require- aviation safety or security: Provided further, that not less than $239,000,000 of the amounts ments under chapter 53 of title 49, United That the workforce retention requirement made available under this heading in this States Code, shall apply to funding made shall not apply to nonhub airports or nonpri- Act shall be made available for use in lieu of available under this heading in this Act, ex- mary airports receiving funds under this any increase in a State’s payment: Provided cept that the Federal share of the costs for heading in this Act: Provided further, That further, That amounts made available under which any grant is made under this heading such amount is designated by the Congress this heading in this Act may be transferred in this Act shall be, at the option of the re- as being for an emergency requirement pur- to and merged with ‘‘Northeast Corridor cipient, up to 100 percent: Provided further, suant to section 251(b)(2)(A)(i) of the Bal- Grants to the National Railroad Passenger That the amount made available under this anced Budget and Emergency Deficit Control Corporation’’ to prevent, prepare for, and re- heading in this Act shall be derived from the Act of 1985. spond to coronavirus: Provided further, That general fund and shall not be subject to any such amount is designated by the Congress limitation on obligations for transit pro- FEDERAL MOTOR CARRIER SAFETY as being for an emergency requirement pur- grams set forth in any Act: Provided further, ADMINISTRATION suant to section 251(b)(2)(A)(i) of the Bal- That such amount is designated by the Con- MOTOR CARRIER SAFETY OPERATIONS AND anced Budget and Emergency Deficit Control gress as being for an emergency requirement PROGRAMS Act of 1985. pursuant to section 251(b)(2)(A)(i) of the Bal- Of prior year unobligated contract author- FEDERAL TRANSIT ADMINISTRATION anced Budget and Emergency Deficit Control ity and liquidating cash provided for Motor Act of 1985. TRANSIT INFRASTRUCTURE GRANTS Carrier Safety in the Transportation Equity MARITIME ADMINISTRATION For an additional amount for ‘‘Transit In- Act for the 21st Century (Public Law 105–178), OPERATIONS AND TRAINING SAFETEA–LU (Public Law 109–59), or other frastructure Grants’’, $25,000,000,000, to re- For an additional amount for ‘‘Operations appropriations or authorization acts, in addi- main available until expended, to prevent, and Training’’, $3,134,000, to remain available tion to amounts already appropriated in fis- prepare for, and respond to coronavirus: Pro- until September 30, 2021, to prevent, prepare cal year 2020 for ‘‘Motor Carrier Safety Oper- vided, That the Secretary of Transportation for, and respond to coronavirus: Provided, ations and Programs’’, $150,000 in additional shall provide funds appropriated under this That of the amounts made available under obligation limitation is provided and heading in this Act as if such funds were pro- this heading in this Act, $1,000,000 shall be repurposed for obligations incurred to sup- vided under section 5307 of title 49, United States Code, and section 5311 of title 49, for the operations of the United States Mer- port activities to prevent, prepare for, and chant Marine Academy: Provided further, respond to coronavirus. United States Code and apportion such funds in accordance with section 5336 of such title That such amount is designated by the Con- FEDERAL RAILROAD ADMINISTRATION (other than subsections (h)(1) and (h)(4)), sec- gress as being for an emergency requirement SAFETY AND OPERATIONS tion 5311 (other than subsection (b)(3) and pursuant to section 251(b)(2)(A)(i) of the Bal- For an additional amount for ‘‘Safety and (c)(1)(A)), section 5337 and section 5340 of anced Budget and Emergency Deficit Control Operations’’, $250,000, to remain available title 49, United States Code, and apportion Act of 1985. until September 30, 2021, to prevent, prepare such funds in accordance with such sections STATE MARITIME ACADEMY OPERATIONS for, and respond to coronavirus: Provided, except that funds apportioned under section For an additional amount for ‘‘State Mari- That such amount is designated by the Con- 5337 shall be added to funds apportioned time Academy Operations’’, $1,000,000, to re- gress as being for an emergency requirement under 5307 for administration under 5307: Pro- main available until September 30, 2021, to pursuant to section 251(b)(2)(A)(i) of the Bal- vided further, That the Secretary shall allo- prevent, prepare for, and respond to anced Budget and Emergency Deficit Control cate the amounts provided in the preceding coronavirus: Provided, That amounts made Act of 1985. proviso under sections 5307, 5311, 5337, and available under this heading in this Act shall NORTHEAST CORRIDOR GRANTS TO THE 5340 of title 49, United States Code, among be for direct payments for State Maritime NATIONAL RAILROAD PASSENGER CORPORATION such sections in the same ratio as funds were Academies: Provided further, That such (INCLUDING TRANSFER OF FUNDS) provided in the fiscal year 2020 appropria- amount is designated by the Congress as being for an emergency requirement pursu- For an additional amount for ‘‘Northeast tions: Provided further, That funds appor- ant to section 251(b)(2)(A)(i) of the Balanced Corridor Grants to the National Railroad tioned under this heading in this Act shall be Budget and Emergency Deficit Control Act Passenger Corporation’’, $492,000,000, to re- apportioned not later than 7 days after the of 1985. main available until expended, to prevent, date of enactment of this Act: Provided fur- prepare for, and respond to coronavirus, in- ther, That funds shall be apportioned using OFFICE OF INSPECTOR GENERAL cluding to enable the Secretary of Transpor- the fiscal year 2020 apportionment formulas: SALARIES AND EXPENSES tation to make or amend existing grants to Provided further, That not more than three- For an additional amount for ‘‘Office of In- the National Railroad Passenger Corporation quarters of 1 percent, but not to exceed spector General’’, $5,000,000, to remain avail- for activities associated with the Northeast $75,000,000, of the funds for transit infrastruc- able until expended, to prevent, prepare for, Corridor, as authorized by section 11101(a) of ture grants provided under this heading in and respond to coronavirus: Provided, That the Fixing America’s Surface Transportation this Act shall be available for administrative the funding made available under this head- expenses and ongoing program management Act (division A of Public Law 114–94): Pro- ing in this Act shall be used for conducting oversight as authorized under sections 5334 vided, That amounts made available under audits and investigations of projects and ac- this heading in this Act may be transferred and 5338(f)(2) of title 49, United States Code, tivities carried out with funds made avail- to and merged with ‘‘National Network and shall be in addition to any other appro- able in this Act to the Department of Trans- Grants to the National Railroad Passenger priations for such purpose: Provided further, portation to prevent, prepare for, and re- Corporation’’ to prevent, prepare for, and re- That notwithstanding subsection (a)(1) or (b) spond to coronavirus: Provided further, That of section 5307 of title 49, United States Code, spond to coronavirus: Provided further, That such amount is designated by the Congress such amount is designated by the Congress funds provided under this heading are avail- as being for an emergency requirement pur- as being for an emergency requirement pur- able for the operating expenses of transit suant to section 251(b)(2)(A)(i) of the Bal- suant to section 251(b)(2)(A)(i) of the Bal- agencies related to the response to a anced Budget and Emergency Deficit Control anced Budget and Emergency Deficit Control coronavirus public health emergency as de- Act of 1985. scribed in section 319 of the Public Health Act of 1985. DEPARTMENT OF HOUSING AND URBAN Service Act, including, beginning on January DEVELOPMENT NATIONAL NETWORK GRANTS TO THE NATIONAL 20, 2020, reimbursement for operating costs RAILROAD PASSENGER CORPORATION to maintain service and lost revenue due to MANAGEMENT AND ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) the coronavirus public health emergency, in- ADMINISTRATIVE SUPPORT OFFICES For an additional amount for ‘‘National cluding the purchase of personal protective For an additional amount for ‘‘Administra- Network Grants to the National Railroad equipment, and paying the administrative tive Support Offices’’, $35,000,000, to remain Passenger Corporation’’, $526,000,000, to re- leave of operations personnel due to reduc- available until September 30, 2021, to pre- main available until expended, to prevent, tions in service: Provided further, That such vent, prepare for, and respond to

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2152 CONGRESSIONAL RECORD — SENATE March 25, 2020 coronavirus, for the Office of the Chief Fi- housing, nondiscrimination, labor standards, individuals and families, and activities to nancial Officer, including for Department- and the environment), upon a finding by the support education and child care for im- wide salaries and expenses, Information Secretary that any such waivers or alter- pacted families: Provided further, That Technology purposes, and to support the De- native requirements are necessary for the amounts made available under the headings partment’s workforce in a telework environ- safe and effective administration of these ‘‘Public Housing Operating Fund’’ and ‘‘Pub- ment: Provided, That the amounts provided funds, consistent with the purposes described lic Housing Capital Fund’’ in prior Acts, ex- under this heading in this Act shall be in ad- under this heading in this Act, to prevent, cept for any set-asides listed under such dition to amounts otherwise available for prepare for, and respond to coronavirus: Pro- headings, may be used for all of the purposes such purposes, including amounts made vided further, That the Secretary shall notify described in the previous proviso: Provided available under the heading ‘‘Program Of- the public through the Federal Register or further, That the expanded uses and funding fices’’ in this Act: Provided further, That such other appropriate means of any such waiver flexibilities described in the previous two amount is designated by the Congress as or alternative requirement to ensure the provisos shall be available to all public hous- being for an emergency requirement pursu- most expeditious allocation of this funding, ing agencies through December 31, 2020, ex- ant to section 251(b)(2)(A)(i) of the Balanced and in order for such waiver or alternative cept that the Secretary may extend the pe- Budget and Emergency Deficit Control Act requirement to take effect, and that such riod under which such flexibilities shall be of 1985. public notice may be provided, at a min- available in additional 12 month increments PROGRAM OFFICES imum, on the Internet at the appropriate upon a finding that individuals and families Government web site or through other elec- assisted by the public housing program con- For an additional amount for ‘‘Program tronic media, as determined by the Sec- tinue to require expanded services due to Offices’’, $15,000,000, to remain available retary: Provided further, That any such waiv- coronavirus: Provided further, That the Sec- until September 30, 2021, to prevent, prepare ers or alternative requirements shall remain retary may waive, or specify alternative re- for, and respond to coronavirus: Provided, in effect for the time and duration specified quirements for, any provision of any statute That of the sums appropriated under this by the Secretary in such public notice and or regulation that the Secretary administers heading in this Act— may be extended if necessary upon addi- in connection with the use of such combined (1) $5,000,000 shall be available for the Of- tional notice by the Secretary: Provided fur- total amount or funds made available under fice of Public and Indian Housing; and ther, That to prevent, prepare for, and re- the headings ‘‘Public Housing Operating (2) $10,000,000 shall be available for the Of- spond to coronavirus, the notification re- Fund’’ and ‘‘Public Housing Capital Fund’’ in fice of Community Planning and Develop- quired by section 223 of Public Law 116–6 and prior Acts (except for requirements related ment: section 221 of Public Law 116–94 shall not to fair housing, nondiscrimination, labor Provided further, That such amount is des- apply to the award of amounts provided standards, and the environment), upon a ignated by the Congress as being for an under paragraph (2) of this heading in Public finding by the Secretary that any such waiv- emergency requirement pursuant to section Law 116–6 or under paragraph (7)(B) of this ers or alternative requirements are nec- 251(b)(2)(A)(i) of the Balanced Budget and heading in Public Law 116–94 in support of essary for the safe and effective administra- Emergency Deficit Control Act of 1985. the family unification program under section of these funds to prevent, prepare for, PUBLIC AND INDIAN HOUSING tion 8(x) of such Act: Provided further, That and respond to coronavirus: Provided further, TENANT-BASED RENTAL ASSISTANCE the Secretary may award any remaining un- That the Secretary shall notify the public For an additional amount for ‘‘Tenant- obligated balances appropriated under this through the Federal Register or other appro- Based Rental Assistance’’, $1,250,000,000, to heading in prior Acts for incremental ten- priate means of any such waiver or alter- remain available until expended, to prevent, ant-based assistance contracts under section native requirement, to ensure the most expe- prepare for, and respond to coronavirus, in- 811 of the Cranston-Gonzalez National Af- ditious allocation of this funding, in order cluding to provide additional funds for public fordable Housing Act (42 U.S.C. 8013), to pre- for such waiver or alternative requirement housing agencies to maintain normal oper- vent, prepare for, and respond to to take effect, and that such public notice ations and take other necessary actions dur- coronavirus, without competition, including may be provided, at a minimum, on the ing the period that the program is impacted for extraordinary administrative fees: Pro- Internet at the appropriate Government web by coronavirus: Provided, That of the vided further, That no less than 25 percent of site or through other electronic media, as de- amounts made available under this heading such amounts shall be allocated proportion- termined by the Secretary: Provided further, in this Act, $850,000,000 shall be available for ally to public housing agencies who received That any such waivers or alternative re- both administrative expenses and other ex- awards in the 2017 and 2019 competitions for quirements shall remain in effect for the penses of public housing agencies for their such purposes within 60 days of enactment of time and duration specified by the Secretary section 8 programs, including Mainstream this Act: Provided further, That the waiver in such public notice and may be extended if vouchers: Provided further, That such other and alternative requirements authority pro- necessary upon additional notice by the Sec- expenses shall be new eligible activities to be vided under this heading in this Act shall retary: Provided further, That such amount is defined by the Secretary and shall include also apply to such incremental tenant-based designated by the Congress as being for an activities to support or maintain the health assistance contract amounts: Provided fur- emergency requirement pursuant to section and safety of assisted individuals and fami- ther, That such amount is designated by the 251(b)(2)(A)(i) of the Balanced Budget and lies, and costs related to retention and sup- Congress as being for an emergency require- Emergency Deficit Control Act of 1985. port of participating owners: Provided fur- ment pursuant to section 251(b)(2)(A)(i) of NATIVE AMERICAN PROGRAMS ther, That amounts made available under the Balanced Budget and Emergency Deficit For an additional amount for ‘‘Native paragraph (3) under this heading in Public Control Act of 1985. American Programs’’, $300,000,000, to remain Law 116–94 may be used for such other ex- PUBLIC HOUSING OPERATING FUND available until September 30, 2024, to pre- penses, as described in the previous proviso, For an additional amount for ‘‘Public vent, prepare for, and respond to in addition to their other available uses: Pro- Housing Operating Fund’’, as authorized by coronavirus, for activities and assistance au- vided further, That of the amounts made section 9(e) of the United States Housing Act thorized under title I of the Native American available under this heading in this Act, of 1937 (42 U.S.C. 1437g(e)), $685,000,000, to re- Housing Assistance and Self-Determination $400,000,000 shall be available for adjustments main available until September 30, 2021, to Act of 1996 (NAHASDA) (25 U.S.C. 4111 et in the calendar year 2020 section 8 renewal prevent, prepare for, and respond to seq.), and under title I of the Housing and funding allocations, in addition to any other coronavirus, including to provide additional Community Development Act of 1974 with re- appropriations available for such purpose, in- funds for public housing agencies to main- spect to Indian tribes (42 U.S.C. 5306(a)(1)): cluding Mainstream vouchers, for public tain normal operations and take other nec- Provided, That the amounts made available housing agencies that experience a signifi- essary actions during the period that the under this heading in this Act are as follows: cant increase in voucher per-unit costs due program is impacted by coronavirus: Pro- (1) No less than $200,000,000 shall be avail- to extraordinary circumstances or that, de- vided, That the amount provided under this able for the Native American Housing Block spite taking reasonable cost savings meas- heading in this Act shall be combined with Grants program, as authorized under title I ures, as determined by the Secretary, would the amount appropriated for the same pur- of NAHASDA: Provided, That amounts made otherwise be required to terminate rental as- pose under the same heading of Public Law available under this paragraph shall be dis- sistance for families as a result of insuffi- 116–94, and distributed to all public housing tributed according to the same funding for- cient funding: Provided further, That the Sec- agencies pursuant to the Operating Fund formula used in fiscal year 2020: Provided fur- retary shall allocate amounts provided in mula at part 990 of title 24, Code of Federal ther, That such amounts shall be used by re- the previous proviso based on need, as deter- Regulations: Provided further, That for the cipients to prevent, prepare for, and respond mined by the Secretary: Provided further, period from the enactment of this Act to coronavirus, including to maintain nor- That the Secretary may waive, or specify al- through December 31, 2020, such combined mal operations and fund eligible affordable ternative requirements for, any provision of total amount may be used for eligible activi- housing activities under NAHASDA during any statute or regulation that the Secretary ties under subsections (d)(1) and (e)(1) of such the period that the program is impacted by administers in connection with the use of section 9 and for other expenses related to coronavirus: Provided further, That amounts the amounts made available under this head- preventing, preparing for, and responding to provided under this heading in this Act may ing and the same heading of Public Law 116– coronavirus, including activities to support be used to cover or reimburse allowable costs 94 (except for requirements related to fair or maintain the health and safety of assisted to prevent, prepare for, and respond to

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coronavirus that are incurred by a recipient, COMMUNITY PLANNING AND DEVELOPMENT suant to section 251(b)(2)(A)(i) of the Bal- including for costs incurred prior to the date HOUSING OPPORTUNITIES FOR PERSONS WITH anced Budget and Emergency Deficit Control of enactment of this Act: Provided further, AIDS Act of 1985. That the Secretary may waive, or specify al- For an additional amount for carrying out COMMUNITY DEVELOPMENT FUND ternative requirements for, any provision of the ‘‘Housing Opportunities for Persons with For an additional amount for ‘‘Community any statute or regulation that the Secretary AIDS’’ program, as authorized by the AIDS Development Fund’’, $5,000,000,000, to remain administers in connection with the use of Housing Opportunity Act (42 U.S.C. 12901 et available until September 30, 2022, to pre- amounts made available under this para- seq.), $65,000,000, to remain available until vent, prepare for, and respond to graph or under the same paragraph in Public September 30, 2021, except that amounts allo- coronavirus: Provided, That up to Law 116–94 (except for requirements related cated pursuant to section 854(c)(5) of such $2,000,000,000 of the amount made available to fair housing, nondiscrimination, labor Act shall remain available until September under this heading in this Act shall be dis- standards, and the environment), upon a 30, 2022, to provide additional funds to main- tributed pursuant to section 106 of the Hous- finding by the Secretary that any such waiv- tain operations and for rental assistance, ing and Community Development Act of 1974 ers or alternative requirements are nec- supportive services, and other necessary ac- (42 U.S.C. 5306) to grantees that received al- essary to expedite or facilitate the use of tions, in order to prevent, prepare for, and locations pursuant to that same formula in such amounts to prevent, prepare for, and re- respond to coronavirus: Provided, That not fiscal year 2020, and that such allocations spond to coronavirus: Provided further, That less than $50,000,000 of the amount provided shall be made within 30 days of enactment of any such waivers shall be deemed to be effec- under this heading in this Act shall be allo- this Act: Provided further, That, in addition tive as of the date an Indian tribe or tribally cated pursuant to the formula in section 854 to amounts allocated pursuant to the pre- of such Act using the same data elements as ceding proviso, an additional $1,000,000,000 designated housing entity began preparing utilized pursuant to that same formula in shall be allocated directly to States and infor coronavirus and shall apply to the fiscal year 2020: Provided further, That up to sular areas, as defined by 42 U.S.C. 5302(a), to amounts made available under this para- $10,000,000 of the amount provided under this prevent, prepare for, and respond to graph and to the previously appropriated heading in this Act shall be to provide an ad- coronavirus within the State or insular area, amounts described in the previous proviso; ditional one-time, non-renewable award to including activities within entitlement and and grantees currently administering existing nonentitlement communities, based on pub- (2) Up to $100,000,000 shall be available for contracts for permanent supportive housing lic health needs, risk of transmission of grants to Indian tribes under the Indian that initially were funded under section coronavirus, number of coronavirus cases Community Development Block Grant pro- 854(c)(5) of such Act from funds made avail- compared to the national average, and eco- gram under title I of the Housing and Com- able under this heading in fiscal year 2010 nomic and housing market disruptions, and munity Development Act of 1974, notwith- and prior years: Provided further, That such other factors, as determined by the Sec- standing section 106(a)(1) of such Act, to pre- awards shall be made proportionally to their retary, using best available data and that vent, prepare for, and respond to existing grants: Provided further, That such such allocations shall be made within 45 days coronavirus, for emergencies that constitute awards are not required to be spent on per- of enactment of this Act: Provided further, imminent threats to health and safety: Pro- manent supportive housing: Provided further, That remaining amounts shall be distributed vided, That the Secretary shall prioritize, That, notwithstanding section 859(b)(3)(B) of directly to the State or unit of general local without competition, allocations of these such Act, housing payment assistance for government, at the discretion of the Sec- amounts for activities and projects designed rent, mortgage, or utilities payments may be retary, according to a formula based on fac- to prevent, prepare for, and respond to provided for a period of up to 24 months: Pro- tors to be determined by the Secretary, coronavirus: Provided further, That not to ex- vided further, That, to protect persons who prioritizing risk of transmission of ceed 20 percent of any grant made with funds are living with HIV/AIDS, such amounts pro- coronavirus, number of coronavirus cases appropriated under this paragraph shall be vided under this heading in this Act may be compared to the national average, and eco- expended for planning and management de- used to self-isolate, quarantine, or to provide nomic and housing market disruptions re- velopment and administration: Provided fur- other coronavirus infection control services sulting from coronavirus: Provided further, ther, That amounts provided under this head- as recommended by the Centers for Disease That such allocations may be made on a rolling in this Act may be used to cover or reim- Control and Prevention for household mem- ing basis based on the best available data at burse allowable costs to prevent, prepare for, bers not living with HIV/AIDS: Provided fur- the time of allocation: Provided further, That and respond to coronavirus incurred by a re- ther, That such amounts may be used to pro- amounts made available in the preceding cipient, including for costs incurred prior to vide relocation services, including to provide provisos may be used to cover or reimburse lodging at hotels, motels, or other locations, allowable costs consistent with the purposes the date of enactment of this Act: Provided for persons living with HIV/AIDS and house- of this heading in this Act incurred by a further, That, notwithstanding section hold members not living with HIV/AIDS: Pro- State or locality regardless of the date on 105(a)(8) of such Act (42 U.S.C. 5305(a)(8)), vided further, That, notwithstanding section which such costs were incurred: Provided fur- there shall be no per centum limitation for 856(g) of such Act (42 U.S.C. 12905(g)), a ther, That section 116(b) of such Act (42 the use of funds for public services activities grantee may use up to 6 percent of its award U.S.C. 5316(b)) and any implementing regula- to prevent, prepare for, and respond to under this Act for administrative purposes, tions, which requires grantees to submit coronavirus: Provided further, That the pre- and a project sponsor may use up to 10 per- their final statements of activities no later vious proviso shall apply to all such activi- cent of its sub-award under this Act for ad- than August 16 of a given fiscal year, shall ties for grants of funds made available under ministrative purposes: Provided further, That not apply to final statements submitted in this paragraph or under paragraph (4) of this such amounts provided under this heading in accordance with sections 104(a)(2) and (a)(3) heading in Public Law 116–94: Provided fur- this Act may be used to cover or reimburse of such Act (42 U.S.C. 5304(a)(2) and (a)(3)) ther, That the Secretary may waive, or speci- allowable costs consistent with the purposes and comprehensive housing affordability fy alternative requirements for, any provi- of this heading incurred by a grantee or strategies submitted in accordance with sec- sion of any statute or regulation that the project sponsor regardless of the date on tion 105 of the Cranston-Gonzalez National Secretary administers in connection with which such costs were incurred: Provided fur- Affordable Housing Act (42 U.S.C. 12705) for the use of amounts made available under ther, That any regulatory waivers the Sec- fiscal years 2019 and 2020: Provided further, this paragraph or under paragraph (4) in retary may issue may be deemed to be effec- That such final statements and comprehen- Public Law 116–94 (except for requirements tive as of the date a grantee began preparing sive housing affordability strategies shall in- related to fair housing, nondiscrimination, for coronavirus: Provided further, That any stead be submitted no later than August 16, labor standards, and the environment), upon additional activities or authorities author- 2021: Provided further, That the Secretary a finding by the Secretary that any such ized pursuant to this Act may also apply at may waive, or specify alternative require- waivers or alternative requirements are nec- the discretion and upon notice of the Sec- ments for, any provision of any statute or essary to expedite or facilitate the use of retary to all amounts made available under regulation that the Secretary administers in such amounts to prevent, prepare for, and re- this same heading in Public Law 116–94 if connection with the use of amounts made spond to coronavirus: Provided further, That such amounts are used by grantees for the available under this heading in this Act and any such waivers shall be deemed to be effec- purposes described under this heading: Pro- under the same heading in Public Law 116–94 tive as of the date an Indian tribe began pre- vided further, That up to 2 percent of and Public Law 116–6 (except for require- paring for coronavirus and shall apply to the amounts made available under this heading ments related to fair housing, non- amounts made available under this para- in this Act may be used, without competi- discrimination, labor standards, and the en- graph and to the previously appropriated tion, to increase prior awards made to exist- vironment), upon a finding by the Secretary amounts described in the previous proviso: ing technical assistance providers to provide that any such waivers or alternative require- an immediate increase in capacity building ments are necessary to expedite or facilitate Provided further, That such amount is des- and technical assistance available to grant- the use of such amounts to prevent, prepare ignated by the Congress as being for an ees under this heading and under the same for, and respond to coronavirus: Provided fur- emergency requirement pursuant to section heading in prior Acts: Provided further, That ther, That up to $10,000,000 of amounts made 251(b)(2)(A)(i) of the Balanced Budget and such amount is designated by the Congress available under this heading in this Act may Emergency Deficit Control Act of 1985. as being for an emergency requirement pur- be used to make new awards or increase

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2154 CONGRESSIONAL RECORD — SENATE March 25, 2020 prior awards to existing technical assistance same formula in fiscal year 2020, and that tion by the Secretary or the use by the re- providers, without competition, to provide such allocations shall be made within 30 days cipient of these amounts (except for require- an immediate increase in capacity building of enactment of this Act: Provided further, ments related to fair housing, non- and technical assistance to support the use That, remaining amounts shall be allocated discrimination, labor standards, and the en- of amounts made available under this head- directly to a State or unit of general local vironment unless otherwise provided under ing in this Act and under the same heading government by a formula to be developed by this paragraph), if the Secretary finds that in prior Acts to prevent, prepare for, and re- the Secretary and that such allocations shall good cause exists for the waiver or alter- spond to coronavirus: Provided further, That, be made within 90 days of enactment of this native requirement and such waiver or alter- notwithstanding sections 104(a)(2), (a)(3), and Act: Provided further, That such formula native requirement is necessary to prevent, (c) of the Housing and Community Develop- shall allocate such amounts for the benefit prepare for, and respond to coronavirus: Pro- ment Act of 1974 (42 U.S.C. 5304(a)(2), (a)(3), of unsheltered homeless, sheltered homeless, vided further, That any such waivers shall be and (c)) and section 105 of the Cranston-Gon- and those at risk of homelessness, to geo- deemed to be effective as of the date a State zalez National Affordable Housing Act (42 graphical areas with the greatest need based or unit of local government began preparing U.S.C. 12705), a grantee may adopt and uti- on factors to be determined by the Sec- for coronavirus and shall apply to the use of lize expedited procedures to prepare, pro- retary, such as risk of transmission of amounts provided under this heading in this pose, modify, or amend its statement of ac- coronavirus, high numbers or rates of shel- Act and amounts provided under the same tivities for grants from amounts made avail- tered and unsheltered homeless, and eco- heading for the Emergency Solutions Grant able under this heading in this Act and under nomic and housing market conditions as de- program in prior Acts used by recipients to the same heading in Public Law 116–94 and termined by the Secretary: Provided further, prevent, prepare for, and respond to Public Law 116–6: Provided further, That That individuals and families whose income coronavirus: Provided further, That the Sec- under such expedited procedures, the grantee does not exceed the Very Low-Income Limit retary shall notify the public through the need not hold in-person public hearings, but of the area, as determined by the Secretary, Federal Register or other appropriate means shall provide citizens with notice and a rea- shall be considered ‘‘at risk of homelessness’’ of any such waiver or alternative require- sonable opportunity to comment of no less and shall be eligible for homelessness pre- ment, and that such public notice may be than 5 days: Provided further, That, for as vention if they meet the criteria in section provided, at a minimum, on the Internet at long as national or local health authorities 401(1)(B) and (C) of such Act (42 U.S.C. the appropriate Government web site or recommend social distancing and limiting 11360(1)(B) and (C)): Provided further, That through other electronic media, as deter- public gatherings for public health reasons, a amounts provided under this heading in this mined by the Secretary: Provided further, That any additional activities or authorities grantee may create virtual public hearings Act may be used to cover or reimburse allow- authorized pursuant to this Act, including to fulfill applicable public hearing require- able costs to prevent, prepare for, and re- any waivers and alternative requirements es- ments for all grants from funds made avail- spond to coronavirus that are incurred by a tablished by the Secretary pursuant to this able under this heading in this Act and under State or locality, including for costs in- Act, may also apply at the discretion and the same heading in Public Law 116–94 and curred prior to the date of enactment of this upon notice of the Secretary with respect to Public Law 116–6: Provided further, That any Act: Provided further, That recipients may all amounts made available for the Emer- such virtual hearings shall provide reason- deviate from applicable procurement stand- gency Solutions Grants program under the able notification and access for citizens in ards when procuring goods and services to heading ‘‘Homeless Assistance Grants’’ in accordance with the grantee’s certifications, prevent, prepare for, and respond to coronavirus: Provided further, That a recipi- any prior Act and used by recipients to pre- timely responses from local officials to all vent, prepare for, and respond to citizen questions and issues, and public ac- ent may use up to 10 percent of its allocation for administrative purposes: , coronavirus: Provided further, That up to 1 cess to all questions and responses: Provided Provided further That the use of amounts provided under this percent of amounts made available under further, That, notwithstanding section heading in this Act shall not be subject to this heading in this Act may be used to 105(a)(8) of the Housing and Community De- the consultation, citizen participation, or make new awards or increase prior awards velopment Act of 1974 (42 U.S.C. 5305(a)(8)), match requirements that otherwise apply to made to existing technical assistance pro- there shall be no per centum limitation for the Emergency Solutions Grants program, viders with experience in providing health the use of funds for public services activities except that a recipient must publish how it care services to homeless populations, with- to prevent, prepare for, and respond to has and will utilize its allocation, at a min- out competition, to provide an immediate in- coronavirus: Provided further, That the pre- imum, on the Internet at the appropriate crease in capacity building and technical as- vious proviso shall apply to all such activi- Government web site or through other elec- sistance available to recipients of amounts ties for grants of funds made available under tronic media: Provided further, That the for the Emergency Solutions Grants program this heading in this Act and under the same spending cap established pursuant to section under this heading in this Act and under the heading in Public Law 116–94 and Public Law 415(b) of such Act (42 U.S.C. 11374) shall not same heading in prior Acts: Provided further, 116–6: Provided further, That the Secretary apply to amounts provided under this head- That none of the funds provided under this shall ensure there are adequate procedures in ing in this Act: Provided further, That heading in this Act may be used to require place to prevent any duplication of benefits amounts provided under this heading in this people experiencing homelessness to receive as required by section 312 of the Robert T. Act may be used to provide temporary emer- treatment or perform any other prerequisite Stafford Disaster Relief and Emergency As- gency shelters (through leasing of existing activities as a condition for receiving shel- sistance Act (42 U.S.C. 5155) and in accord- property, temporary structures, or other ter, housing, or other services: Provided fur- ance with section 1210 of the Disaster Recov- means) to prevent, prepare for, and respond ther, That such amount is designated by the ery Reform Act of 2018 (division D of Public to coronavirus, and that such temporary Congress as being for an emergency require- Law 115–254; 132 Stat. 3442), which amended emergency shelters shall not be subject to ment pursuant to section 251(b)(2)(A)(i) of section 312 of the Robert T. Stafford Disaster the minimum periods of use required by sec- the Balanced Budget and Emergency Deficit Relief and Emergency Assistance Act (42 tion 416(c)(1) of such Act (42 U.S.C. Control Act of 1985. U.S.C. 5155): Provided further, That such 11375(c)(1)): Provided further, That Federal HOUSING PROGRAMS amount is designated by the Congress as habitability and environmental review PROJECT-BASED RENTAL ASSISTANCE being for an emergency requirement pursu- standards and requirements shall not apply ant to section 251(b)(2)(A)(i) of the Balanced For an additional amount for ‘‘Project- to the use of such amounts for those tem- Based Rental Assistance’’, $1,000,000,000, to Budget and Emergency Deficit Control Act porary emergency shelters that have been remain available until expended, to prevent, of 1985. determined by State or local health officials prepare for, and respond to coronavirus, in- HOMELESS ASSISTANCE GRANTS to be necessary to prevent, prepare for, and cluding to provide additional funds to main- For an additional amount for ‘‘Homeless respond to coronavirus: Provided further, tain normal operations and take other nec- Assistance Grants’’, $4,000,000,000, to remain That amounts provided under this heading in essary actions during the period that the available until September 30, 2022, to pre- this Act may be used for training on infec- program is impacted by coronavirus, for as- vent, prepare for, and respond to tious disease prevention and mitigation and sistance to owners or sponsors of properties coronavirus, among individuals and families to provide hazard pay, including for time receiving project-based assistance pursuant who are homeless or receiving homeless as- worked prior to the date of enactment of this to section 8 of the United States Housing Act sistance and to support additional homeless Act, for staff working directly to prevent, of 1937 (42 U.S.C. 1437f et seq.): Provided, That assistance and homelessness prevention ac- prepare for, and respond to coronavirus the Secretary may waive, or specify alter- tivities to mitigate the impacts created by among persons who are homeless or at risk native requirements for, any provision of coronavirus under the Emergency Solutions of homelessness, and that such activities any statute or regulation that the Secretary Grants program as authorized under subtitle shall not be considered administrative costs administers in connection with the use of B of title IV of the McKinney-Vento Home- for purposes of the 10 percent cap: Provided amounts made available under this heading less Assistance Act (42 U.S.C. 11371 et seq.), further, That in administering the amounts in this Act (except for requirements related as amended: Provided, That up to made available under this heading in this to fair housing, nondiscrimination, labor $2,000,000,000 of the amount appropriated Act, the Secretary may waive, or specify al- standards, and the environment), upon a under this heading in this Act shall be dis- ternative requirements for, any provision of finding by the Secretary that any such waiv- tributed pursuant to 24 CFR 576.3 to grantees any statute or regulation that the Secretary ers or alternative requirements are nec- that received allocations pursuant to that administers in connection with the obliga- essary to expedite or facilitate the use of

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2155 such amounts to prevent, prepare for, and requirements related to fair housing, non- senger Corporation’’ and ‘‘National Network spond to coronavirus, and such waiver or al- discrimination, labor standards, and the en- Grants to the National Railroad Passenger ternative requirement is consistent with the vironment), upon a finding by the Secretary Corporation’’, the Secretary of Transpor- purposes described under this heading in this that any such waivers or alternative require- tation may not waive the requirements Act: Provided further, That the Secretary ments are necessary to expedite or facilitate under section 24312 of title 49, United States shall notify the public through the Federal the use of such amounts to prevent, prepare Code, and section 24305(f) of title 49, United Register or other appropriate means of any for, and respond to coronavirus, and such States Code: Provided, That for amounts such waiver or alternative requirement in waiver or alternative requirement is con- made available by this Act under such head- order for such waiver or alternative require- sistent with the purposes described under ings the Secretary shall require the National ment to take effect, and that such public no- this heading in this Act: Provided further, Railroad Passenger Corporation to comply tice may be provided, at a minimum, on the That the Secretary shall notify the public with the Railway Retirement Act of 1974 (45 Internet at the appropriate Government web through the Federal Register or other appro- U.S.C. 231 et seq.), the Railway Labor Act (45 site or through other electronic media, as de- priate means of any such waiver or alter- U.S.C. 151 et seq.), and the Railroad Unem- termined by the Secretary: Provided further, native requirement in order for such waiver ployment Insurance Act (45 U.S.C. 351 et That such amount is designated by the Con- or alternative requirement to take effect, seq.): Provided further, That not later than 7 gress as being for an emergency requirement and that such public notice may be provided, days after the date of enactment of this Act pursuant to section 251(b)(2)(A)(i) of the Bal- at a minimum, on the Internet at the appro- and each subsequent 7 days thereafter, the anced Budget and Emergency Deficit Control priate Government web site or through other Secretary shall notify the House and Senate Act of 1985. electronic media, as determined by the Sec- Committees on Appropriations, the Com- HOUSING FOR THE ELDERLY retary: Provided further, That such amount is mittee on Transportation and Infrastructure For an additional amount for ‘‘Housing for designated by the Congress as being for an of the House of Representatives, and the the Elderly’’, $50,000,000, to remain available emergency requirement pursuant to section Committee on Commerce, Science, and until September 30, 2023, to prevent, prepare 251(b)(2)(A)(i) of the Balanced Budget and Transportation of the Senate of any Na- for, and respond to coronavirus, including to Emergency Deficit Control Act of 1985. tional Railroad Passenger Corporation em- provide additional funds to maintain normal FAIR HOUSING AND EQUAL OPPORTUNITY ployee furloughs as a result of efforts to prevent, prepare for, and respond to operations and take other necessary actions FAIR HOUSING ACTIVITIES during the period that the program is im- coronavirus: Provided further, That in the For an additional amount for ‘‘Fair Hous- pacted by coronavirus, for assistance to own- event of any National Railroad Passenger ing Activities’’, $2,500,000, to remain avail- ers or sponsors of properties receiving Corporation employee furloughs as a result able until September 30, 2021, for contracts, project-based assistance pursuant to section of efforts to prevent, prepare for, and re- grants, and other assistance, as authorized 202 of the Housing Act of 1959 (12 U.S.C. spond to coronavirus, the Secretary shall re- by title VIII of the Civil Rights Act of 1968, 1701q), as amended: Provided, That of the quire the National Railroad Passenger Cor- as amended by the Fair Housing Amend- amount provided under this heading in this poration to provide such employees the op- ments Act of 1988, and section 561 of the Act, up to $10,000,000 shall be for service co- portunity to be recalled to their previously Housing and Community Development Act of ordinators and the continuation of existing held positions as intercity passenger rail 1987, to prevent, prepare for, and respond to congregate service grants for residents of as- service is restored to March 1, 2020 levels and coronavirus, of which $1,500,000 shall be for sisted housing projects: Provided further, not later than the date on which intercity the Fair Housing Assistance Program Part- That the Secretary may waive, or specify al- passenger rail service has been fully restored nership for Special Enforcement grants to ternative requirements for, any provision of to March 1, 2020 levels. address fair housing issues relating to any statute or regulation that the Secretary SEC. 22003. For the duration of fiscal year administers in connection with the use of coronavirus, and $1,000,000 shall be for the 2020, section 127(i)(1)(A) of title 23, United amounts made available under this heading Fair Housing Initiatives Program for edu- States Code, shall read as if and apply to sit- in this Act (except for requirements related cation and outreach activities under such uations in which: the President has declared to fair housing, nondiscrimination, labor section 561 to educate the public about fair an emergency or a major disaster under the standards, and the environment), upon a housing issues related to coronavirus: Pro- Robert T. Stafford Disaster Relief and Emer- finding by the Secretary that any such waiv- vided, That such amount is designated by the gency Assistance Act (42 U.S.C. 5121 et seq.). ers or alternative requirements are nec- Congress as being for an emergency require- SEC. 22004. No later than September 30, essary to expedite or facilitate the use of ment pursuant to section 251(b)(2)(A)(i) of 2020, the remaining unobligated balances of such amounts to prevent, prepare for, and re- the Balanced Budget and Emergency Deficit funds made available for the youth home- spond to coronavirus, and such waiver or al- Control Act of 1985. lessness demonstration under the heading ternative requirement is consistent with the OFFICE OF INSPECTOR GENERAL ‘‘Department of Housing and Urban Develop- purposes described under this heading in this For an additional amount for ‘‘Office of In- ment—Community Planning and Develop- Act: Provided further, That the Secretary spector General’’, $5,000,000, to remain avail- ment—Homeless Assistance Grants’’ in the shall notify the public through the Federal able until expended, to prevent, prepare for, Consolidated Appropriations Act, 2018 (Pub- Register or other appropriate means of any and respond to coronavirus: Provided, That lic Law 115–141) are hereby permanently re- such waiver or alternative requirement in the funding made available under this head- scinded, and an amount of additional new order for such waiver or alternative require- ing in this Act shall be used for conducting budget authority equivalent to the amount ment to take effect, and that such public no- audits and investigations of projects and ac- rescinded is hereby appropriated, to remain tice may be provided, at a minimum, on the tivities carried out with funds made avail- available until September 30, 2021, in addi- Internet at the appropriate Government web able in this Act to the Department of Hous- tion to other funds as may be available for site or through other electronic media, as de- ing and Urban Development to prevent, pre- such purposes, and shall be available, with- termined by the Secretary: Provided further, pare for, and respond to coronavirus: Pro- out additional competition, for completing That such amount is designated by the Con- vided further, That such amount is des- the funding of awards made pursuant to the gress as being for an emergency requirement ignated by the Congress as being for an fiscal year 2018 youth homelessness dem- pursuant to section 251(b)(2)(A)(i) of the Bal- emergency requirement pursuant to section onstration. anced Budget and Emergency Deficit Control 251(b)(2)(A)(i) of the Balanced Budget and HIGHWAY SAFETY GRANTS EMERGENCY Act of 1985. Emergency Deficit Control Act of 1985. AUTHORITY HOUSING FOR PERSONS WITH DISABILITIES GENERAL PROVISIONS—THIS TITLE SEC. 22005. (a) IN GENERAL.—The Secretary For an additional amount for ‘‘Housing for SEC. 22001. Of the amounts made available of Transportation (referred to in this section Persons with Disabilities’’, $15,000,000, to re- from the Airport and Airway Trust Fund for as the ‘‘Secretary’’) may waive or postpone main available until September 30, 2023, to ‘‘Federal Aviation Administration—Oper- any requirement under section 402, 404, 405, prevent, prepare for, and respond to ations’’ in title XI of division B of the Bipar- or 412 of title 23, United States Code, section coronavirus, including to provide additional tisan Budget Act of 2018 (Public Law 115–123), 4001 of the FAST Act (Public Law 114–94; 129 funds to maintain normal operations and up to $25,000,000 may be used to prevent, pre- Stat. 1497), or part 1300 of title 23, Code of take other necessary actions during the pe- pare for, and respond to coronavirus: Pro- Federal Regulations (or successor regula- riod that the program is impacted by vided, That amounts repurposed in this sections), if the Secretary determines that— coronavirus, for assistance to owners or tion that were previously designated by the (1) the Coronavirus Disease 2019 (COVID-19) sponsors of properties receiving project- Congress as an emergency requirement pur- is having a substantial impact on— based assistance pursuant to section 811 of suant to the Balanced Budget and Emer- (A) the ability of States to implement or the Cranston-Gonzalez National Affordable gency Deficit Control Act of 1985 are des- carry out any grant, campaign, or program Housing Act (42 U.S.C. 8013), as amended: ignated by the Congress as an emergency re- under those provisions; or Provided, That the Secretary may waive, or quirement pursuant to section 251(b)(2)(A)(i) (B) the ability of the Secretary to carry specify alternative requirements for, any of the Balanced Budget and Emergency Def- out any responsibility of the Secretary with provision of any statute or regulation that icit Control Act of 1985. respect to a grant, campaign, or program the Secretary administers in connection SEC. 22002. For amounts made available by under those provisions; or with the use of amounts made available this Act under the headings ‘‘Northeast Cor- (2) the requirements of those provisions are under this heading in this Act (except for re- ridor Grants to the National Railroad Pas- having a substantial impact on the ability of

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S2156 CONGRESSIONAL RECORD — SENATE March 25, 2020 States or the Secretary to address the joint explanatory statement of the com- amended by striking ‘‘$12,000’’ and inserting Coronavirus Disease 2019 (COVID–19). mittee of conference accompanying Con- ‘‘$19,733’’. (b) REPORT.—The Secretary shall periodi- ference Report 105–217 and section 250(c)(7) (d) INCREASE IN AGGREGATE AMOUNT OF AS- cally submit to the relevant committees of and (c)(8) of the Balanced Budget and Emer- SISTANCE FOR ACQUISITION OF HOUSING WITH Congress a report describing— gency Deficit Control Act of 1985, the budg- SPECIAL FEATURES.—Section 2102(d)(1) of (1) each determination made by the Sec- etary effects of this division shall be esti- such title is amended by striking ‘‘$63,780’’ retary under subsection (a); and mated for purposes of section 251 of such Act. and inserting ‘‘$98,492’’. (2) each waiver or postponement of a re- (d) ENSURING NO WITHIN-SESSION SEQUES- (e) INCREASE IN AGGREGATE AMOUNT OF AS- quirement under that subsection. TRATION.—Solely for the purpose of calcu- SISTANCE FOR ADAPTATIONS TO VETERANS’ RESIDENCES.—Section 2102(d)(2) of such title (c) EMERGENCY REQUIREMENT.—The amount lating a breach within a category for fiscal provided by this section is designated by the year 2020 pursuant to section 251(a)(6) or sec- is amended by striking ‘‘$12,756’’ and insert- Congress as being for an emergency require- tion 254(g) of the Balanced Budget and Emer- ing ‘‘$19,733’’. (f) EFFECTIVE DATE AND APPLICATION.—The ment pursuant to section 251(b)(2)(A)(i) of gency Deficit Control Act of 1985, and not- amendments made by this section shall take withstanding any other provision of this di- the Balanced Budget and Emergency Deficit effect on October 1, 2020. Control Act of 1985. vision, the budgetary effects from this division shall be counted as amounts designated SEC. 4. PROVISION OF ADDITIONAL AMOUNTS OF TITLE XIII SPECIALLY ADAPTED HOUSING AS- as being for an emergency requirement pur- GENERAL PROVISIONS—THIS ACT SISTANCE FOR CERTAIN VETERANS. suant to section 251(b)(2)(A) of such Act. Section 2102 of such title, as amended by SEC. 23001. Each amount appropriated or This division may be cited as the ‘‘Emer- section 3, is further amended by adding at made available by this Act is in addition to gency Appropriations for Coronavirus Health the end the following new subsection: amounts otherwise appropriated for the fis- Response and Agency Operations’’. ‘‘(f)(1) Beginning October 1, 2030, notwith- cal year involved. standing the aggregate amounts specified in SEC. 23002. No part of any appropriation SA 1579. Mr. MCCONNELL (for Mr. subsection (d), a covered veteran may apply contained in this Act shall remain available MORAN) proposed an amendment to the for and receive an additional amount of as- for obligation beyond the current fiscal year bill H.R. 3504, to amend title 38, United sistance under subsection (a) or (b) of section unless expressly so provided herein. States Code, to provide for improve- 2101 of this title in an amount that does not SEC. 23003. Unless otherwise provided for by exceed half of the amount specified in sub- this Act, the additional amounts appro- ments to the specially adapted housing program of the Department of Veterans section (d). priated by this Act to appropriations ac- ‘‘(2) In this subsection, a covered veteran is counts shall be available under the authori- Affairs, and for other purposes; as fol- a veteran who— ties and conditions applicable to such appro- lows: ‘‘(A) is described in subsection (a)(2) or priations accounts for fiscal year 2020. Strike all after the enacting clause and in- (b)(2) of section 2101 of this title; SEC. 23004. (a) Subject to subsection (b), sert the following: ‘‘(B) as of the date of the veteran’s applica- and notwithstanding any other provision of SECTION 1. SHORT TITLE. tion for assistance under paragraph (1), most law, funds made available in this Act, or This Act may be cited as the ‘‘Ryan Kules recently received assistance under this chap- transferred pursuant to authorization grant- and Paul Benne Specially Adaptive Housing ter more than 10 years before such date; and ed in this Act, may only be used to prevent, Improvement Act of 2019’’. ‘‘(C) lives in a home that the Secretary de- prepare for, and respond to coronavirus. SEC. 2. AUTHORITY OF SECRETARY OF VETERANS termines does not have adaptations that are (b) Subsection (a) shall not apply to sec- AFFAIRS TO ASSIST BLIND VET- reasonably necessary because of the vet- tions 11002, 13002, and 18114 of this Act, reim- ERANS WHO HAVE NOT LOST USE OF eran’s disability.’’. bursements made pursuant to authority in A LEG IN ACQUIRING SPECIALLY SEC. 5. TREATMENT OF CERTAIN PREPARATORY this Act, or to funds made available in this ADAPTED HOUSING. COURSES AS PROGRAMS OF EDU- Act for the Emergency Reserve Fund, estab- Section 2101 of title 38, United States Code, CATION FOR PURPOSES OF DEPART- lished pursuant to section 7058(c)(1) of divi- is amended— MENT OF VETERANS AFFAIRS EDU- sion J of Public Law 115–31, or to funds made (1) in subsection (a)(2)— CATIONAL ASSISTANCE PROGRAMS. available in this Act for the Infectious Dis- (A) in subparagraph (A)(i), by striking (a) IN GENERAL.—Chapter 33 of title 38, eases Rapid Response Reserve Fund, estab- ‘‘permanent and total’’; and United States Code, is amended by inserting lished pursuant to section 231 of division B of (B) in subparagraph (B), after section 3315A the following new sec- Public Law 115–245. (i) in clauses (i), (iii), (iv), and (v), by in- tion: (c) This section shall not apply to title VI serting ‘‘permanent and total’’ before ‘‘dis- ‘‘§ 3315B. Preparatory courses for licensure, of this Act. ability’’; and certification, or national tests SEC. 23005. In this Act, the term (ii) in clause (ii)— ‘‘(a) IN GENERAL.—An individual entitled ‘‘coronavirus’’ means SARS–CoV–2 or an- (I) by inserting ‘‘permanent’’ before ‘‘dis- to educational assistance under this chapter other coronavirus with pandemic potential. ability’’; shall also be entitled to payment for a cov- SEC. 23006. Each amount designated in this (II) by striking ‘‘due to—’’ and inserting ered preparatory course. Act by the Congress as being for an emer- ‘‘due to blindness in both eyes, having cen- ‘‘(b) AMOUNT.—The amount of educational gency requirement pursuant to section tral visual acuity of 20/200 or less in the bet- assistance payable under this chapter for a 251(b)(2)(A)(i) of the Balanced Budget and ter eye with the use of a standard correcting covered preparatory course is the lesser of— Emergency Deficit Control Act of 1985 shall lens. For the purposes of this clause, an eye ‘‘(1) the fee charged for the covered pre- be available (or rescinded or transferred, if with a limitation in the fields of vision such paratory course; or applicable) only if the President subse- that the widest diameter of the visual field ‘‘(2) the amount of entitlement available to quently so designates all such amounts and subtends an angle no greater than 20 degrees the individual under this chapter at the time transmits such designations to the Congress. shall be considered as having a central visual of payment for the covered preparatory SEC. 23007. Any amount appropriated by acuity of 20/200 or less.’’; and course under this section. this Act, designated by the Congress as an (III) by striking subclauses (I) and (II); and ‘‘(c) CHARGE AGAINST ENTITLEMENT.—The emergency requirement pursuant to section (2) in subsection (b)(2)— number of months of entitlement charged an 251(b)(2)(A)(i) of the Balanced Budget and (A) by striking subparagraph (A); and individual under this chapter for a covered Emergency Deficit Control Act of 1985 and (B) by redesignating subparagraphs (B) and preparatory course shall be pro-rated based subsequently so designated by the President, (C) as subparagraphs (A) and (B), respec- on the actual amount of the fee charged for and transferred pursuant to transfer authori- tively. the covered preparatory course relative to ties provided by this Act shall retain such SEC. 3. INCREASE IN AMOUNTS OF SPECIALLY the rate for 1 month payable— designation. ADAPTED HOUSING ASSISTANCE ‘‘(1) for the academic year beginning on PROVIDED BY DEPARTMENT OF VET- August 1, 2020, $2,042; or BUDGETARY EFFECTS ERANS AFFAIRS. ‘‘(2) for an academic year beginning on any SEC. 23008. (a) STATUTORY PAYGO SCORE- (a) INCREASE OF NUMBER OF GRANTS PER subsequent August 1, the amount for the pre- CARDS.—The budgetary effects of this divi- VETERAN.—Section 2102(d)(3) of such title is vious academic year beginning on August 1 sion shall not be entered on either PAYGO amended— under this subsection, as increased by the scorecard maintained pursuant to section (1) by striking ‘‘No veteran’’ and inserting percentage increase equal to the most recent 4(d) of the Statutory Pay As-You-Go Act of ‘‘Subject to subsection (f), no veteran’’; and percentage increase determined under sec- 2010. (2) by striking ‘‘three’’ and inserting ‘‘six’’. tion 3015(h). (b) SENATE PAYGO SCORECARDS.—The (b) INCREASE IN NUMBER OF APPLICATIONS ‘‘(d) COVERED PREPARATORY COURSE DE- budgetary effects of this division shall not be AUTHORIZED TO BE APPROVED.—Section FINED.—In this section, the term ‘covered entered on any PAYGO scorecard maintained 2101(a)(4) of such title is amended by striking preparatory course’ means a course— for purposes of section 4106 of H. Con. Res. 71 ‘‘30 applications’’ and inserting ‘‘120 applica- ‘‘(1) for a licensing or certification test (115th Congress). tions’’. that is required or used to enter into, main- (c) CLASSIFICATION OF BUDGETARY EF- (c) INCREASE IN MAXIMUM AMOUNT OF AS- tain, or advance in employment in a pre- FECTS.—Notwithstanding Rule 3 of the Budg- SISTANCE FOR ADAPTATION TO VETERAN’S RES- determined and identified vocation or profes- et Scorekeeping Guidelines set forth in the IDENCE.—Section 2102(b)(2) of such title is sion; and

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.002 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2157 ‘‘(2) that has been approved by the State for work-study allowance for covered work- retary to increase the annual amount that approving agency concerned.’’. study activities to individuals enrolled at the Secretary provides the educational insti- (b) CLERICAL AMENDMENT.—The table of such educational institution during the pre- tution under subparagraph (B) or (C). The sections at the beginning of such chapter is vious academic year in which individuals Secretary shall approve or disapprove such amended by inserting after the item relating participated in the work-study program. request by not later than 30 days after the to section 3315A the following new item: ‘‘(C) With respect to a participating edu- date of the request. cational institution that did not participate ‘‘3315B. Preparatory courses for licensure, ‘‘(iv) Whenever the Secretary finds that a in the work-study program under this sec- certification, or national participating educational institution paid an tion during the academic year beginning Au- tests.’’. amount of work-study allowance under this gust 1, 2018, the Secretary shall determine (c) CONFORMING AMENDMENTS.—Section paragraph to an individual for a purpose 3532(g) of title 38, United States Code, is the annual amount to provide to the educational institution under subparagraph (A) other than covered work-study activities, amended— such payment shall constitute a liability of (1) in paragraph (1), by inserting ‘‘or a cov- as follows: ‘‘(i) For the first academic year in which the educational institution to the United ered preparatory course (as that term is de- States. fined in section 3315B(a) of this title)’’ after the educational institution participates in ‘‘or national test providing an opportunity the work-study program beginning on or ‘‘(E)(i) Pursuant to section 3690(c), section for course credit at institutions of higher after August 1, 2020, the amount shall be an 3693, and other provisions of chapter 36 of learning described in section 3501(a)(5) of this amount, determined in consultation with the this title, the Secretary shall ensure that title’’; and educational institution, that the Secretary participating educational institutions carry (2) in paragraphs (2) and (3), by inserting determines appropriate based on amounts out the work-study allowance program in ‘‘or covered preparatory course’’ after ‘‘test’’ provided to similar educational institutions compliance with this section. each place it appears. pursuant to subparagraph (B). ‘‘(ii) The Secretary may prohibit an edu- (d) EFFECTIVE DATE.—The amendment ‘‘(ii) Except as provided by clauses (ii) or cational institution from being a partici- made by subsection (a) shall take effect on (iii) of subparagraph (D), for each academic pating educational institution under this August 1, 2021. year occurring after the academic year spec- paragraph if the Secretary determines that SEC. 6. IMPROVEMENT TO WORK-STUDY ALLOW- ified in clause (i), the amount shall be the the educational institution is not in compli- ANCE PROGRAM. total amount the educational institution ance with this section. paid under this section for work-study allow- (a) PAYMENT OF ALLOWANCE.—Subsection ‘‘(F) In this paragraph: (a) of section 3485 of title 38, United States ance for covered work-study activities to individuals enrolled at such educational insti- ‘‘(i) The term ‘covered work-study activi- Code, is amended— ties’ means qualifying work-study activities (1) in paragraph (1), by striking ‘‘Individ- tution during the previous academic year in which individuals enrolled at such edu- described in subparagraphs (A), (B), (H), (I), uals’’ and inserting ‘‘In accordance with or (J) of paragraph (5) for which an indi- paragraph (4), individuals’’; cational institution participated in the work-study program. vidual is paid a work-study allowance. (2) by redesignating paragraphs (4), (5), and ‘‘(ii) The term ‘participating educational (6) as paragraphs (5), (6), and (7), respec- ‘‘(D)(i) Except as provided in clause (ii), if the Secretary provides an annual amount to institution’ means an educational institu- tively; and tion that— (3) by inserting after paragraph (3) the fol- a participating educational institution under subparagraph (B) or (C) that is more than ‘‘(I)(aa) during the five-academic-year pe- lowing new paragraph: riod occurring before an academic year dur- ‘‘(4)(A) With respect to covered work-study the total amount the educational institution ing which the Secretary carries out this activities, the Secretary shall carry out this pays to individuals under paragraph (1) for paragraph, the educational institution had section by providing to participating edu- covered work-study activities, the edu- on average more than 10 individuals per aca- cational institutions an annual amount for cational institution shall return to the Sec- demic year participating in a covered work- the institution to use in paying work-study retary the unpaid amount and the Secretary study activity under this section; or allowance under paragraph (1) to individuals shall transfer such amount into the general ‘‘(bb) the educational institution is not de- enrolled at the institution. fund of the Treasury. ‘‘(B) With respect to a participating edu- ‘‘(ii) If the annual amount provided to a scribed by item (aa) but informs the Sec- cational institution that participated in the participating educational institution under retary that the institution expects to have subparagraph (B) or (C) is more, but less work-study program under this section dur- more than 10 individuals in the following than 25 percent more, than the total amount ing the academic year beginning August 1, academic year participating in a covered the educational institution pays to individ- 2018, the Secretary shall determine the an- work-study activity under this section; and uals under paragraph (1) for covered work- nual amount to provide to the educational ‘‘(II) voluntarily chooses to be a partici- study activities, and the educational institu- institution under subparagraph (A) as fol- pating educational institution under this tion plans to participate in the work-study paragraph.’’. lows: program under this section during the subse- (b) CONFORMING AMENDMENT.—Subsection ‘‘(i) For the academic year beginning Au- quent academic year, the educational insti- (e)(1) of such section is amended by striking gust 1, 2020, the amount shall be the total tution may retain the amount of the over- amount, determined in consultation with the payment if the educational institution noti- ‘‘subsection (a)(4)’’ and inserting ‘‘subsection educational institution, that the Secretary fies the Secretary of the amount of the over- (a)(5)’’. paid under this section for covered work- payment and the intention of the edu- (c) APPLICATION.—The amendments made study activities to individuals enrolled at cational institution to retain such amount. by this section shall apply with respect to a such educational institution during the aca- Any amount retained by an educational in- quarter, semester, or term, as applicable, demic year beginning August 1, 2018. stitution under this clause may only be used commencing on or after August 1, 2021. ‘‘(ii) Except as provided by clauses (ii) or by the educational institution to provide SEC. 7. ADJUSTMENT OF LOAN FEES. (iii) of subparagraph (D), for each academic work-study allowance to individuals enrolled year beginning on or after August 1, 2021, the at the educational institution. Section 3729(b)(2) of title 38, United States amount shall be the total amount the edu- ‘‘(iii) At any time a participating edu- Code, is amended by striking the loan fee cational institution paid under this section cational institution may request the Sec- table and inserting the following:

Active duty Other ‘‘Type of loan veteran Reservist obligor

(A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling 2.15 2.40 NA with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2004, and before January 1, 2020) (A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling 2.30 2.30 NA with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2020, and before April 7, 2023) (A)(iii) Initial loan described in section 3710(a) to purchase or construct a dwelling 2.15 2.15 NA with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after April 7, 2023, and before October 1, 2029) (A)(iv) Initial loan described in section 3710(a) to purchase or construct a dwelling 1.40 1.40 NA with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2029) (B)(i) Subsequent loan described in section 3710(a) to purchase or construct a dwell- 3.30 3.30 NA ing with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2004, and before January 1, 2020) (B)(ii) Subsequent loan described in section 3710(a) to purchase or construct a dwell- 3.60 3.60 NA ing with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after January 1, 2020, and before April 7, 2023)

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Active duty Other ‘‘Type of loan veteran Reservist obligor

(B)(iii) Subsequent loan described in section 3710(a) to purchase or construct a 3.30 3.30 NA dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after April 7, 2023, and before October 1, 2029) (B)(iv) Subsequent loan described in section 3710(a) to purchase or construct a 1.25 1.25 NA dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2029) (C)(i) Loan described in section 3710(a) to purchase or construct a dwelling with 5- 1.50 1.75 NA down (closed before January 1, 2020) (C)(ii) Loan described in section 3710(a) to purchase or construct a dwelling with 5- 1.65 1.65 NA down (closed on or after January 1, 2020, and before April 7, 2023) (C)(iii) Loan described in section 3710(a) to purchase or construct a dwelling with 5- 1.50 1.50 NA down (closed on or after April 7, 2023, and before October 1, 2029) (C)(iv) Loan described in section 3710(a) to purchase or construct a dwelling with 5- 0.75 0.75 NA down (closed on or after October 1, 2029) (D)(i) Loan described in section 3710(a) to purchase or construct a dwelling with 10- 1.25 1.50 NA down (closed before January 1, 2020) (D)(ii) Loan described in section 3710(a) to purchase or construct a dwelling with 10- 1.40 1.40 NA down (closed on or after January 1, 2020, and before April 7, 2023) (D)(iii) Loan described in section 3710(a) to purchase or construct a dwelling with 1.25 1.25 NA 10-down (closed on or after April 7, 2023, and before October 1, 2029) (D)(iv) Loan described in section 3710(a) to purchase or construct a dwelling with 10- 0.50 0.50 NA down (closed on or after October 1, 2029) (E) Interest rate reduction refinancing loan 0.50 0.50 NA (F) Direct loan under section 3711 1.00 1.00 NA (G) Manufactured home loan under section 3712 (other than an interest rate reduc- 1.00 1.00 NA tion refinancing loan) (H) Loan to Native American veteran under section 3762 (other than an interest 1.25 1.25 NA rate reduction refinancing loan) (I) Loan assumption under section 3714 0.50 0.50 0.50 (J) Loan under section 3733(a) 2.25 2.25 2.25’’.

SEC. 8. DETERMINATION OF BUDGETARY EF- The amendment was ordered to be The legislative clerk read as follows: FECTS. engrossed and the bill to be read a A bill (S. 3587) to require the Secretary of The budgetary effects of this Act, for the third time. Veterans Affairs to conduct a study on the purpose of complying with the Statutory The bill was read the third time. accessibility of websites of the Department Pay-As-You-Go Act of 2010, shall be deter- The bill (H.R. 3731), as amended, was of the Veterans Affairs to individuals with mined by reference to the latest statement disabilities, and for other purposes. titled ‘‘Budgetary Effects of PAYGO Legisla- passed. tion’’ for this Act, submitted for printing in f There being no objection, the Senate proceeded to consider the bill. the Congressional Record by the Chairman of VA TELE-HEARING the House Budget Committee, provided that Mr. MCCONNELL. Mr. President, I such statement has been submitted prior to MODERNIZATION ACT ask unanimous consent that the bill be the vote on passage. Mr. MCCONNELL. Mr. President, I considered read a third time and passed ask unanimous consent that the Com- and the motion to reconsider be consid- f mittee on Veterans’ Affairs be dis- ered made and laid upon the table. charged from further consideration of The PRESIDING OFFICER. Without RYAN KULES SPECIALLY ADAPT- H.R. 4771 and the Senate proceed to its objection, it is so ordered. IVE HOUSING IMPROVEMENT immediate consideration. The bill (S. 3587) was ordered to be ACT OF 2019 The PRESIDING OFFICER. The engrossed for a third reading, was read Mr. MCCONNELL. Mr. President, I clerk will report the bill by title. the third time, and passed as follows: ask unanimous consent that the Sen- The legislative clerk read as follows: S. 3587 ate proceed to the consideration of A bill (H.R. 4771) to amend title 38, United Be it enacted by the Senate and House of Rep- H.R. 3504, which was received from the States Code, to permit appellants to appear resentatives of the United States of America in House. in cases before the Board of Veterans’ Ap- Congress assembled, The PRESIDING OFFICER. The peals by picture and voice transmission from SECTION 1. SHORT TITLE. locations other than facilities of the Depart- clerk will report the bill by title. This Act may be cited as the ‘‘Department ment of Veterans Affairs, and for other pur- of Veterans Affairs Website Accessibility Act The legislative clerk read as follows: poses. of 2019’’. A bill (H.R. 3504) to amend title 38, United There being no objection, the com- SEC. 2. STUDY ON THE ACCESSIBILITY OF States Code, to provide for improvements to mittee was discharged, and the Senate WEBSITES OF THE DEPARTMENT OF the specially adapted housing program and proceeded to consider the bill. VETERANS AFFAIRS TO INDIVID- educational assistance programs of the De- UALS WITH DISABILITIES. partment of Veterans Affairs, and for other Mr. MCCONNELL. Mr. President, I (a) STUDY.—Not later than 180 days after purposes. ask unanimous consent that the bill be the date of the enactment of this Act, the considered read a third time and passed Secretary of Veterans Affairs shall conduct a The PRESIDING OFFICER. Is there and the motion to reconsider be consid- study of all websites of the Department of objection to proceeding to the meas- ered made and laid upon the table. Veterans Affairs to determine whether such ure? The PRESIDING OFFICER. Without websites are accessible to individuals with There being no objection, the Senate objection, it is so ordered. disabilities in accordance with section 508 of proceeded to consider the bill. The bill (H.R. 4771) was ordered to a the Rehabilitation Act of 1973 (29 U.S.C. Mr. MCCONNELL. I ask unanimous 794d). third reading, was read the third time, (b) REPORT.—Not later than 90 days after consent that the Moran substitute and passed. amendment at the desk be considered completing the study under subsection (a), f the Secretary shall submit to the Committee and agreed to; that the bill, as amend- on Veterans’ Affairs of the Senate and the ed, be considered read a third time and DEPARTMENT OF VETERANS AF- Committee on Veterans’ Affairs of the House passed; and that the motion to recon- FAIRS WEBSITE ACCESSIBILITY of Representatives a report on such study. sider be considered made and laid upon ACT OF 2019 (c) ELEMENTS.—The report required by sub- the table. Mr. MCCONNELL. Mr. President, I section (b) shall include the following: The PRESIDING OFFICER. Without ask unanimous consent that the Sen- (1) A list of each website described in sub- objection, it is so ordered. section (a) that is not accessible to individ- ate proceed to the immediate consider- uals with disabilities in accordance with sec- The amendment (No. 1579) was agreed ation of S. 3587, introduced earlier tion 508 of the Rehabilitation Act of 1973 (29 to. today. U.S.C. 794d). (The amendment is printed in today’s The PRESIDING OFFICER. The (2) For each website identified in the list RECORD under ‘‘Text of Amendments.’’) clerk will report the bill by title. under paragraph (1)—

VerDate Sep 11 2014 06:53 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MR6.016 S25MRPT1 dlhill on DSKBBY8HB2PROD with SENATE March 25, 2020 CONGRESSIONAL RECORD — SENATE S2159 (A) the plan of the Secretary to bring the SIGNING AUTHORITY approved to date, the time for the two website into compliance with the require- Mr. MCCONNELL. Mr. President, I leaders be reserved for their use later ments of section 508 of the Rehabilitation ask unanimous consent that the junior in the day, and morning business be Act of 1973 (29 U.S.C. 794d); and closed; further, that upon the closing (B) a description of the barriers to bringing Senator from West Virginia, the senior the website into compliance with the re- Senator from Alaska, and the majority of morning business, the Senate pro- quirements of such section, including any leader be authorized to sign duly en- ceed to executive session to consider barriers relating to vacant positions at the rolled bills or joint resolutions on the Feitel nomination, under the pre- Department of Veterans Affairs. Wednesday, March 25 through Monday, vious order. (d) WEBSITE DEFINED.—In this section, the April 20. The PRESIDING OFFICER. Without term ‘‘website’’ includes the following: The PRESIDING OFFICER. Without objection, it is so ordered. (1) A file attached to a website. objection, it is so ordered. (2) A web-based application. (3) A kiosk at a medical facility of the De- f f partment of Veterans Affairs, the use of ORDERS FOR MONDAY, MARCH 30, which is required to check in for scheduled 2020, THROUGH MONDAY, APRIL ADJOURNMENT UNTIL MONDAY, appointments. 20, 2020 MARCH 30, 2020, AT 11 A.M. Passed the Senate March 26 (legisla- Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, if tive day, March 25), 2020. ask unanimous consent that when the there is no further business to come be- f Senate completes its business today, it fore the Senate, I ask unanimous consent that it stand adjourned under the APPOINTMENTS AUTHORITY adjourn, to then convene for pro forma sessions only, with no business being previous order. Mr. MCCONNELL. Mr. President, I conducted on the following dates and There being no objection, the Senate, ask unanimous consent that notwith- times; and that, following each pro at 12:07 a.m., adjourned until Monday, standing the upcoming adjournment of forma session, the Senate adjourn until March 30, 2020, at 11 a.m. the Senate, the President of the Sen- the next pro forma session: Monday, ate, the President pro tempore, and the March 30, 11 a.m.; Thursday, April 2, 10 f majority and minority leaders be au- a.m.; Monday, April 6, 10 a.m.; Thurs- thorized to make appointments to com- day, April 9, 10 a.m.; Monday, April 13, CONFIRMATIONS missions, committees, boards, con- 10 a.m.; Thursday, April 16, 3 p.m. ferences, or interparliamentary con- I further ask that when the Senate Executive nominations confirmed by ferences authorized by law, by concur- adjourns on Thursday, April 16, it next the Senate March 25, 2020: rent action of the two Houses, or by convene at 3 p.m., Monday, April 20; DEPARTMENT OF DEFENSE order of the Senate. further, that following the prayer and CHARLES WILLIAMS, OF MISSOURI, TO BE AN ASSIST- The PRESIDING OFFICER. Without pledge, the morning hour be deemed ANT SECRETARY OF THE NAVY. WILLIAM JORDAN GILLIS, OF GEORGIA, TO BE AN AS- objection, it is so ordered. expired, the Journal of proceedings be SISTANT SECRETARY OF DEFENSE.

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SENATE COMMITTEE MEETINGS any cancellations or changes in the POSTPONEMENTS Title IV of Senate Resolution 4, meetings as they occur. agreed to by the Senate of February 4, As an additional procedure along MARCH 31 1977, calls for establishment of a sys- with the computerization of this infor- 2:30 p.m. tem for a computerized schedule of all mation, the Office of the Senate Daily Committee on Armed Services meetings and hearings of Senate com- Digest will prepare this information for Subcommittee on Personnel printing in the Extensions of Remarks To hold hearings to examine the final mittees, subcommittees, joint commit- recommendations and report of the Na- tees, and committees of conference. section of the CONGRESSIONAL RECORD tional Commission on Military, Na- This title requires all such committees on Monday and Wednesday of each tional, and Public Service. to notify the Office of the Senate Daily week. SD–G50 Digest—designated by the Rules Com- Meetings scheduled for Thursday, mittee—of the time, place and purpose March 26, 2020 may be found in the of the meetings, when scheduled and Daily Digest of today’s RECORD.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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HIGHLIGHTS Senate passed H.R. 748, Coronavirus Aid, Relief, and Economic Security Act, as amended. Senate 3504, to amend title 38, United States Code, to pro- Chamber Action vide for improvements to the specially adapted hous- Routine Proceedings, pages S2021–S2159 ing program and educational assistance programs of Measures Introduced: Nine bills and one resolu- the Department of Veterans Affairs, after agreeing to tion were introduced, as follows: S. 3579–3587, and the following amendment proposed thereto: S. Res. 554. Page S2062 Page S2158 Measures Passed: McConnell (for Moran) Amendment No. 1579, in the nature of a substitute. Page S2158 Coronavirus Aid, Relief, and Economic Security Act: By a unanimous vote of 96 yeas (Vote No. 80), VA Tele-Hearing Modernization Act: Committee Senate passed H.R. 748, to amend the Internal Rev- on Veterans’ Affairs was discharged from further enue Code of 1986 to repeal the excise tax on high consideration of H.R. 4771, to amend title 38, cost employer-sponsored health coverage, 60 Senators United States Code, to permit appellants to appear having voted in the affirmative, and after taking ac- in cases before the Board of Veterans’ Appeals by tion on the following amendments proposed thereto: picture and voice transmission from locations other Pages S2059–60 than facilities of the Department of Veterans Affairs, Adopted: and the bill was then passed. Page S2158 McConnell Amendment No. 1578, providing Department of Veterans Affairs Website Accessi- emergency assistance and health care response for in- bility Act: Senate passed S. 3587, to require the Sec- dividuals, families and businesses affected by the retary of Veterans Affairs to conduct a study on the 2020 coronavirus pandemic. Pages S2059, S2060 accessibility of websites of the Department of Vet- Rejected: erans Affairs to individuals with disabilities. By 48 yeas to 48 nays (Vote No. 79), Sasse Pages S2158–59 Amendment No. 1577 (to Amendment No. 1578), Authorizing Leadership to Make Appoint- to ensure that additional unemployment benefits do not result in an individual receiving unemployment ments—Agreement: A unanimous-consent agree- compensation that is more than the amount of wages ment was reached providing that, notwithstanding the individual was earning prior to becoming unem- the upcoming adjournment of the Senate, the Presi- ployed. (A unanimous-consent agreement was dent of the Senate, the President Pro Tempore, and reached providing that the amendment, having failed the Majority and Minority Leaders be authorized to to achieve 60 affirmative votes, was not agreed to.) make appointments to commissions, committees, Pages S2059–60 boards, conferences, or interparliamentary conferences During consideration of this measure today, Senate authorized by law, by concurrent action of the two also took the following action: Houses, or by order of the Senate. Page S2159 A unanimous-consent agreement was reached pro- Signing Authority—Agreement: A unanimous- viding that the motion to invoke cloture on the mo- consent agreement was reached providing that Sen- tion to proceed to consideration of the bill, be with- ator Capito, Senator Murkowski, and Senator drawn. Page S2059 McConnell be authorized to sign duly enrolled bills Ryan Kules and Paul Benne Specially Adaptive or joint resolutions on Wednesday, March 25, 2020 Housing Improvement Act: Senate passed H.R. through Monday, April 20, 2020. Page S2159 D320

VerDate Sep 11 2014 07:23 Mar 26, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MR0.REC D25MRPT1 dlhill on DSKBBY8HB2PROD with DIGEST March 25, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D321 Pro Forma Sessions—Agreement: A unanimous- Charles Williams, of Missouri, to be an Assistant consent agreement was reached providing that the Secretary of the Navy. Senate adjourn, to then convene for pro forma ses- William Jordan Gillis, of Georgia, to be an As- sions only, with no business being conducted on the sistant Secretary of Defense. Page S2061 following dates and times, and that following each pro forma session, the Senate adjourn until the next Additional Cosponsors: Page S2062 pro forma session: Monday, March 30, 2020, at 11 Statements on Introduced Bills/Resolutions: a.m.; Thursday, April 2, 2020, at 10 a.m.; Monday, Pages S2062–63 April 6, 2020, at 10 a.m.; Thursday, April 9, 2020, Amendments Submitted: Pages S2063–S2158 at 10 a.m.; Monday, April 13, 2020, at 10 a.m.; Thursday, April 16, 2020, at 3 p.m.; and that when Record Votes: Two record votes were taken today. the Senate adjourns on Thursday, April 16, 2020, it (Total—80) Page S2060 next convene at 3 p.m., on Monday, April 20, 2020. Adjournment: Senate convened at 12 noon on Page S2159 Wednesday, March 25, 2020 and adjourned at 12:07 Feitel Nomination—Agreement: A unanimous- a.m. on Thursday, March 26, 2020, until 11 a.m. on consent agreement was reached providing that at ap- Monday, March 30, 2020. (For Senate’s program, see proximately 3 p.m., on Monday, April 20, 2020, the remarks of the Majority Leader in today’s Record Senate begin consideration of the nomination of on page S2159.) Robert J. Feitel, of Maryland, to be Inspector Gen- eral, Nuclear Regulatory Commission; and that at 5:30 p.m., Senate vote on confirmation of the nomi- Committee Meetings nation. Page S2061 (Committees not listed did not meet) Nominations Confirmed: Senate confirmed the following nominations: No committee meetings were held. h House of Representatives Chamber Action Committee Meetings Public Bills and Resolutions Introduced: 10 pub- No hearings were held. lic bills, H.R. 6385–6394; and 2 resolutions, H. Res. 908–909 were introduced. Pages H1725–26 Joint Meetings Additional Cosponsors: Page H1726 No joint committee meetings were held. Reports Filed: There were no reports filed today. f Speaker: Read a letter from the Speaker wherein she COMMITTEE MEETINGS FOR THURSDAY, appointed Representative Wexton to act as Speaker MARCH 26, 2020 pro tempore for today. Page H1723 (Committee meetings are open unless otherwise indicated) Guest Chaplain: The prayer was offered by the Guest Chaplain, Rev. Robert W. Fisher, St. John’s Senate Church, Washington, DC. Page H1723 Committee on Armed Services: to hold hearings to examine the posture of the Department of the Army in review of Quorum Calls—Votes: There were no Yea and Nay the Defense Authorization Request for fiscal year 2021 votes, and there were no Recorded votes. There were and the Future Years Defense Program, 9:30 a.m., Room no quorum calls. to be announced. Adjournment: The House met at 10 a.m. and ad- House journed at 10:02 a.m. No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Monday, March 30 11 a.m., Thursday, March 26

Senate Chamber House Chamber Program for Monday: Senate will meet in a pro forma Program for Thursday: House will meet in Pro Forma session. session at 11 a.m.

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