TH D CONGRESS SESSION S. 3548
II
116TH CONGRESS
2D SESSION
S. 3548
To provide emergency assistance and health care response for individuals,
families, and businesses affected by the 2020 coronavirus pandemic.
IN THE SENATE OF THE UNITED STATES
MARCH 19, 2020
Mr. MCCONNELL (for himself, Mr. ALEXANDER, Mr. CRAPO, Mr. GRASSLEY,
Mr. RUBIO, Mr. SHELBY, and Mr. WICKER) introduced the following bill;
which was read twice and referred to the Committee on Finance
A BILL
To provide emergency assistance and health care response
for individuals, families, and businesses affected by the
2020 coronavirus pandemic.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3
SECTION 1. SHORT TITLE.
4
This Act may be cited as the ¡®¡®Coronavirus Aid, Re-
5 lief, and Economic Security Act¡¯¡¯ or the ¡®¡®CARES Act¡¯¡¯.
6
SEC. 2. TABLE OF CONTENTS.
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7
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
DIVISION A¡ªSMALL BUSINESS INTERRUPTION LOANS
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Sec.
Sec.
Sec.
Sec.
1101.
1102.
1103.
1104.
Sec.
Sec.
Sec.
Sec.
Sec.
1105.
1106.
1107.
1108.
1109.
Definitions.
7(a) loan program.
Entrepreneurial development.
Waiver of matching funds requirement under the women¡¯s business
center program.
Loan forgiveness.
Direct appropriations.
Minority business development agency.
Waiver of prepayment penalty.
United States Treasury Program Management Authority.
DIVISION B¡ªRELIEF FOR INDIVIDUALS, FAMILIES, AND
BUSINESSES
TITLE I¡ªREBATES AND OTHER INDIVIDUAL PROVISIONS
Sec.
Sec.
Sec.
Sec.
2101.
2102.
2103.
2104.
2020 recovery rebates for individuals.
Delay of certain deadlines.
Special rules for use of retirement funds.
Allowance of partial above the line deduction for charitable contributions.
Sec. 2105. Modification of limitations on charitable contributions during 2020.
TITLE II¡ªBUSINESS PROVISIONS
Sec.
Sec.
Sec.
Sec.
2201.
2202.
2203.
2204.
Sec. 2205.
Sec. 2206.
Sec. 2207.
Sec. 2208.
Sec. 2209.
Delay of estimated tax payments for corporations.
Delay of payment of employer payroll taxes.
Modifications for net operating losses.
Modification of limitation on losses for taxpayers other than corporations.
Modification of credit for prior year minimum tax liability of corporations.
Modification of limitation on business interest.
Technical amendments regarding qualified improvement property.
Installments not to prevent credit or refund of overpayments or increase estimated taxes.
Restoration of limitation on downward attribution of stock ownership in applying constructive ownership rules.
DIVISION C¡ªASSISTANCE TO SEVERELY DISTRESSED SECTORS
OF THE UNITED STATES ECONOMY
TITLE I¡ªECONOMIC STABILIZATION
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
3101.
3102.
3103.
3104.
3105.
3106.
3107.
3108.
Short title.
Emergency relief through loans and loan guarantees.
Limitation on certain employee compensation.
Continuation of certain air service.
Reports.
Coordination with Secretary of Transportation.
Definitions.
Rule of construction.
TITLE II¡ªAVIATION EXCISE TAXES
Sec. 3201. Suspension of certain aviation excise taxes.
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DIVISION D¡ªHEALTH CARE RESPONSE
TITLE I¡ªHEALTH PROVISIONS
Subtitle A¡ªAddressing Supply Shortages
PART I¡ªMOVING
THE
STRATEGIC NATIONAL STOCKPILE
TO
ASPR
Sec. 4101. Moving the strategic national stockpile to ASPR.
PART II¡ªMEDICAL PRODUCT SUPPLIES
Sec. 4111. National Academies report on America¡¯s medical product supply
chain security.
Sec. 4112. Requiring the strategic national stockpile to include certain types of
medical supplies.
Sec. 4113. Treatment of respiratory protective devices as covered countermeasures.
PART III¡ªMITIGATING EMERGENCY DRUG SHORTAGES
Sec. 4121. Prioritize reviews of drug applications; incentives.
Sec. 4122. Additional manufacturer reporting requirements in response to drug
shortages.
Sec. 4123. GAO report on intra-agency coordination.
Sec. 4124. Report.
Sec. 4125. Safe harbor provision.
PART IV¡ªPREVENTING ESSENTIAL MEDICAL DEVICE SHORTAGES
Sec. 4131. Discontinuance or interruption in the production of medical devices.
Sec. 4132. GAO report on intra-agency coordination.
PART V¡ªEMERGENCY USE
OF
LABORATORY DEVELOPED TESTS
Sec. 4141. Emergency use of laboratory developed tests.
Subtitle B¡ªAccess to Health Care for COVID-19 Patients
PART I¡ªCOVERAGE
OF
TESTING
AND
PREVENTIVE SERVICES
Sec. 4201. Coverage of diagnostic testing for COVID-19.
Sec. 4202. Pricing of diagnostic testing.
Sec. 4203. Rapid coverage of preventive services and vaccines for coronavirus.
PART II¡ªSUPPORT
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Sec.
Sec.
Sec.
Sec.
FOR
HEALTH CARE PROVIDERS
4211.
4212.
4213.
4214.
Supplemental awards for health centers.
Allowing permanent direct hire of NDMS health care professionals.
Telehealth network and telehealth resource centers grant programs.
Rural health care services outreach, rural health network development, and small health care provider quality improvement
grant programs.
Sec. 4215. United States Public Health Service Modernization.
Sec. 4216. Limitation on liability for volunteer health care professionals during
covid-19 emergency response.
PART III¡ªMISCELLANEOUS PROVISIONS
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Sec. 4221. Confidentiality and disclosure of records relating to substance use
disorder.
Sec. 4222. Nutrition services.
Sec. 4223. Guidance on protected health information.
Sec. 4224. Reauthorization of healthy start program.
Subtitle C¡ªInnovation
Sec. 4301. Removing the cap on OTA.
Sec. 4302. Extending the priority review program for agents that present national security threats.
Sec. 4303. Priority zoonotic animal drugs.
Subtitle D¡ªFinance Committee
Sec. 4401. Exemption for telehealth services.
Sec. 4402. Inclusion of certain over-the-counter medical products as qualified
medical expenses.
Sec. 4403. Treatment of direct primary care service arrangements.
Sec. 4404. Increasing Medicare telehealth flexibilities during emergency period.
Sec. 4405. Enhancing Medicare telehealth services for Federally qualified
health centers and rural health clinics during emergency period.
Sec. 4406. Temporary waiver of requirement for face-to-face visits between
home dialysis patients and physicians.
Sec. 4407. Improving care planning for Medicare home health services.
Sec. 4408. Adjustment of sequestration.
Sec. 4409. Medicare hospital inpatient prospective payment system add-on payment for covid¨C19 patients during emergency period.
Sec. 4410. Revising payment rates for durable medical equipment under the
Medicare program through duration of emergency period.
Sec. 4411. Providing home and community-based services in acute care hospitals.
Sec. 4412. Treatment of technology-enabled collaborative learning and capacity
building models as medical assistance.
Sec. 4413. Encouraging the development and use of DISARM antimicrobial
drugs.
Sec. 4414. Novel medical products.
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TITLE II¡ªEDUCATION PROVISIONS
Sec.
Sec.
Sec.
Sec.
4501.
4502.
4503.
4504.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
4505.
4506.
4507.
4508.
4509.
4510.
4511.
4512.
4513.
Short title.
Definitions.
Campus-based aid waivers.
Use of supplemental educational opportunity grants for emergency
aid.
Federal work-study during a qualifying emergency.
Adjustment of subsidized loan usage limits.
Exclusion from Federal Pell Grant duration limit.
Institutional refunds and Federal student loan flexibility.
Satisfactory progress.
Continuing education at affected foreign institutions.
National emergency educational waivers.
HBCU Capital financing.
Temporary relief for federal student loan borrowers.
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Sec. 4514. Provisions related to the Corporation for National and Community
Service.
Sec. 4515. Workforce response activities.
Sec. 4516. Technical amendments.
TITLE III¡ªLABOR PROVISIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
4601.
4602.
4603.
4604.
4605.
4606.
4607.
Limitation on paid leave.
Emergency Paid Sick Leave Act Limitation.
Regulatory Authorities under the Emergency Paid Sick Leave Act.
Unemployment insurance.
OMB Waiver of Paid Family and Paid Sick Leave.
Paid leave for rehired employees.
Advance refunding of credits.
DIVISION E¡ªTEMPORARY PERMIT USE TO GUARANTEE MONEY
MARKET MUTUAL FUNDS
Sec. 5001. Non-applicability of restrictions on ESF during national emergency.
DIVISION F¡ªBUDGETARY PROVISIONS
Sec. 6001. Emergency designation.
DIVISION A¡ªSMALL BUSINESS
INTERRUPTION LOANS
1
2
3
SEC. 1101. DEFINITIONS.
4
In this division¡ª
5
(1) the terms ¡®¡®Administration¡¯¡¯ and ¡®¡®Adminis-
6
trator¡¯¡¯ mean the Small Business Administration
7
and the Administrator thereof; and
8
(2) the term ¡®¡®small business concern¡¯¡¯ has the
9
meaning given the term in section 3 of the Small
10
11
Business Act (15 U.S.C. 632).
SEC. 1102. 7(a) LOAN PROGRAM.
12
(a) DEFINITION
OF
COVERED PERIOD.¡ªIn this sec-
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13 tion, the term ¡®¡®covered period¡¯¡¯ means the period begin14 ning on March 1, 2020 and ending on December 31, 2020.
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