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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3740 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 3740

  To assist older Americans and people with disabilities affected by 
                               COVID-19.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2020

  Mr. Casey (for himself, Mr. Brown, Mr. Jones, Mrs. Shaheen, Mr. Van 
    Hollen, Ms. Harris, Mr. Menendez, Mr. Reed, Mr. Markey, and Mr. 
  Blumenthal) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To assist older Americans and people with disabilities affected by 
                               COVID-19.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``COVID-19 Recovery 
for Seniors and People with Disabilities Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                        TITLE I--SOCIAL SECURITY

Sec. 101. Definitions.
Sec. 102. Pausing continuing disability reviews during the COVID-19 
                            public health emergency.
Sec. 103. Pausing all collection of overpayments during the COVID-19 
                            public health emergency.
Sec. 104. Pausing all suspension of benefits for failure to cooperate 
                            during the COVID-19 public health 
                            emergency.
Sec. 105. Update in eligibility thresholds for supplemental security 
                            income; elimination of marriage penalty.
Sec. 106. Elimination of Social Security disability and Medicare 
                            waiting periods.
Sec. 107. Support and maintenance furnished in kind not included as 
                            income for purposes of SSI.
Sec. 108. Suspension of certain regulations.
Sec. 109. Discharge of student loans.
Sec. 110. Elimination of separate account requirement for past-due 
                            supplemental security income benefits paid 
                            to child beneficiaries.
Sec. 111. Increasing the substantial gainful activity limit.
Sec. 112. State grants to protect the legal rights of SSI and SSDI 
                            applicants and beneficiaries.
Sec. 113. Social security assistance and representation grants.
                           TITLE II--MEDICARE

Sec. 201. Fairness in Medicare enrollment and coverage periods.
Sec. 202. Permitting an attestation of employment-based health 
                            insurance coverage during the COVID-19 
                            public health emergency.
Sec. 203. Suspension of the Medicare part D low-income subsidy asset 
                            test.
                          TITLE III--MEDICAID

Sec. 301. Suspension of asset test for medical assistance for Medicare 
                            cost sharing during COVID-19 emergency 
                            period.
Sec. 302. Temporary increase of Medicaid FMAP for medicare cost-
                            sharing.
Sec. 303. Delay in reduction of FMAP for medicaid personal care 
                            services furnished without an electronic 
                            visit verification system.
                         TITLE IV--AGRICULTURE

Sec. 401. Commodity supplemental food program.
                  TITLE V--SUPPLEMENTAL APPROPRIATIONS

Sec. 501. COVID-19 public awareness campaign.
Sec. 502. Senior legal assistance; services for older individuals with 
                            limited English proficiency.
Sec. 503. Information and translation through statewide independent 
                            councils.

                        TITLE I--SOCIAL SECURITY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Social Security.
            (2) COVID-19 emergency period.--The term ``COVID-19 
        emergency period'' means the period of months--
                    (A) beginning with the first month that begins on 
                or after the date of enactment of this Act; and
                    (B) ending with the sixth month that begins on or 
                after the last day of the public health emergency 
                described in section 1135(g)(1)(B) of such Act (42 
                U.S.C. 1320b-5(g)(1)(B)).

SEC. 102. PAUSING CONTINUING DISABILITY REVIEWS DURING THE COVID-19 
              PUBLIC HEALTH EMERGENCY.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsection (b), the Commissioner shall not 
conduct any continuing disability review (as such term is defined in 
section 201(g)(1)(A) of the Social Security Act (42 U.S.C. 
401(g)(1)(A))) during the COVID-19 emergency period.
    (b) Exception for CDR Appeals.--Subsection (a) shall not apply to a 
continuing disability review that--
            (1) is in progress on the date of enactment of this Act; 
        and
            (2) is being conducted pursuant to an appeal by an 
        individual of an adverse decision of the Commissioner with 
        respect to the individual's eligibility for benefits under 
        title II or XVI of the Social Security Act (42 U.S.C. 401 et 
        seq., 1381 et seq.), or the amount of such benefits for which 
        the individual is eligible.

SEC. 103. PAUSING ALL COLLECTION OF OVERPAYMENTS DURING THE COVID-19 
              PUBLIC HEALTH EMERGENCY.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsection (b), during the COVID-19 emergency 
period, the Commissioner shall not make any downward adjustment to a 
benefit amount payable to an individual under title II or XVI of the 
Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.), or take any 
other action, for the purpose of collecting an overpayment made to such 
individual.
    (b) Exception for Fraud.--Subsection (a) shall not apply to any 
downward adjustment or any other action with respect to a benefit 
amount payable to an individual under title II or XVI of the Social 
Security Act (42 U.S.C. 401 et seq., 1381 et seq.) if such adjustment 
is made, or such action taken, on the basis that the individual is 
involved in fraud or similar fault.

SEC. 104. PAUSING ALL SUSPENSION OF BENEFITS FOR FAILURE TO COOPERATE 
              DURING THE COVID-19 PUBLIC HEALTH EMERGENCY.

    Notwithstanding any other provision of law, during the COVID-19 
emergency period, the Commissioner shall not suspend, modify, or 
terminate an individual's entitlement to, or eligibility for, benefits 
under title II or XVI of the Social Security Act (42 U.S.C. 401 et 
seq., 1381 et seq.) on the basis that the individual has failed to 
cooperate with a request of the Commissioner.

SEC. 105. UPDATE IN ELIGIBILITY THRESHOLDS FOR SUPPLEMENTAL SECURITY 
              INCOME; ELIMINATION OF MARRIAGE PENALTY.

    (a) Update in General Income Exclusion.--Section 1612(b)(2)(A) of 
the Social Security Act (42 U.S.C. 1382a(b)(2)(A)) is amended by 
striking ``$240'' and inserting ``$1,476 (increased as described in 
section 1617(d) for each calendar year after 2020)''.
    (b) Update in Earned Income Exclusion.--Section 1612(b)(4) of such 
Act (42 U.S.C. 1382a(b)(4)) is amended by striking ``$780'' each place 
it appears and inserting ``$4,788 (increased as described in section 
1617(d) for each calendar year after 2020)''.
    (c) Update in Resource Limit for Individuals and Couples.--Section 
1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is amended--
            (1) in subparagraph (A), by striking ``$2,250'' and all 
        that follows through the end of the subparagraph and inserting 
        ``$20,000 in calendar year 2020, and shall be increased as 
        described in section 1617(d) for each subsequent calendar 
        year.''; and
            (2) in subparagraph (B), by striking ``$1,500'' and all 
        that follows through the end of the subparagraph and inserting 
        ``$10,000 in calendar year 2020, and shall be increased as 
        described in section 1617(d) for each subsequent calendar 
        year.''.
    (d) Inflation Adjustment.--Section 1617 of such Act (42 U.S.C. 
1382f) is amended--
            (1) in the section heading, by inserting ``; inflation 
        adjustment'' after ``benefits''; and
            (2) by adding at the end the following:
    ``(d)(1) In the case of any calendar year after 2020, each of the 
amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4) 
shall be increased by multiplying each such amount by the quotient 
obtained by dividing--
                    ``(A) the average of the Consumer Price Index for 
                Elderly Consumers (CPI-E, as published by the Bureau of 
                Labor Statistics of the Department of Labor) for the 
                12-month period ending with September of the preceding 
                calendar year, by
                    ``(B) such average for the 12-month period ending 
                with September 2019.
            ``(2) In no case shall the application of paragraph (1) 
        result in a reduction to the amounts specified in such 
        paragraph.''.
    (e) Repeal of Marriage Penalty.--
            (1) In general.--Section 1611(b)(2) of the Social Security 
        Act (42 U.S.C. 1382f(b)(2)) is amended by striking ``payable at 
        the rate of'' and all that follows through the end of the 
        paragraph and inserting ``payable--
            ``(A) for calendar years 1974 through 2019, at the rate of 
        $2,628 (or, if greater, the amount determined under section 
        1617); and
            ``(B) for calendar year 2020 and any calendar year 
        thereafter, at twice the rate applicable for such calendar year 
        under paragraph (1) for an individual who does not have an 
        eligible spouse,
reduced by the amount of income, not excluded pursuant to section 
1612(b), of such individual and spouse.''.
            (2) Conforming amendment.--Section 1617(a)(1) of the Social 
        Security Act (42 U.S.C. 1382(a)(1)) is amended by striking 
        ``subsections (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2)'' and 
        inserting ``subsections (a)(1)(A), (a)(2)(A), and (b)(1)''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act, and shall apply to 
eligibility determinations made, and benefit amounts payable, under 
title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) on or 
after such date.

SEC. 106. ELIMINATION OF SOCIAL SECURITY DISABILITY AND MEDICARE 
              WAITING PERIODS.

    (a) Temporary Elimination of Waiting Periods for Social Security 
Disability Benefits and Railroad Retirement Act Disability Benefits.--
During the period that begins on the date of enactment of this Act and 
ends on the last day of the sixth month that begins on or after the 
last day of the public health emergency described in section 
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))--
            (1) section 202(e)(5) of the Social Security Act (42 U.S.C. 
        402(e)(5)) shall be applied by striking subparagraphs (A) and 
        (B) and inserting the following: ``The waiting period referred 
        to in paragraph (1)(F), in the case of any widow or surviving 
        divorced wife, is zero months.'';
            (2) section 202(f)(5) of the Social Security Act (42 U.S.C. 
        402(f)(5)) shall be applied by striking subparagraphs (A) and 
        (B) and inserting the following: ``The waiting period referred 
        to in paragraph (1)(F), in the case of any widower or surviving 
        divorced husband, is zero months.'';
            (3) section 223(c)(2) of the Social Security Act (42 U.S.C. 
        423(c)(2)) shall be applied by substituting ``zero months.'' 
        for ``the earliest period of five consecutive calendar months'' 
        and all that follows through the period; and
            (4) section 5(a)(ii) of the Railroad Retirement Act of 1974 
        (45 U.S.C. 231c(a)(ii)) shall be applied by striking ``the of 
        (A)'' and all that follows through ``(B)''.
    (b) Temporary Elimination of Medicare Waiting Period.--For purposes 
of applying section 226 of the Social Security Act (42 U.S.C. 426) to 
any individual during the period described in subsection (a), the 
following special rules apply:
            (1) Subsection (b) of such section shall be applied as if 
        there were no requirement for any entitlement to benefits, or 
        status, for a period longer than 1 month.
            (2) The entitlement under such subsection shall begin with 
        the first month (rather than twenty-fifth month) of entitlement 
        or status.
            (3) Subsection (f) of such section shall not be applied.
    (c) Rules of Application.--
            (1) Scope of application.--The provisions of the Social 
        Security Act and the Railroad Retirement Act of 1974 specified 
        in subsections (a) and (b) shall be applied in the manner 
        described in such subsections with respect to any individual--
                    (A) for whom a waiting period under such provision 
                began before the date of enactment of this Act; and
                    (B) for whom a waiting period under such a 
                provision begins on or after such date of enactment.
            (2) Effect of application.--An individual with respect to 
        whom a waiting period under a provision specified in subsection 
        (a) or (b) does not apply as a result of the application of 
        such subsection shall, for purposes of applying such provision 
        to such individual after the end of the period described in 
        subsection (a), be deemed to have met the waiting period 
        requirement under such provision.

SEC. 107. SUPPORT AND MAINTENANCE FURNISHED IN KIND NOT INCLUDED AS 
              INCOME FOR PURPOSES OF SSI.

    (a) In General.--Section 1612(a)(2) of such Act (42 U.S.C. 
1382a(a)(2)) is amended--
            (1) by inserting ``(other than support or maintenance 
        furnished in kind)'' after ``all other income''; and
            (2) in subparagraph (A)--
                    (A) by striking ``or kind'';
                    (B) by striking clause (i) and redesignating 
                clauses (ii) and (iii) as clauses (i) and (ii), 
                respectively; and
                    (C) in clause (ii) (as so redesignated), by 
                striking ``and the provisions of clause (i) shall not 
                be applicable''.
    (b) Conforming Amendments.--
            (1) Section 1611(c) of such Act (42 U.S.C. 1382(c)) is 
        amended by striking paragraph (6) and redesignating paragraphs 
        (7) through (10) as paragraphs (6) through (9), respectively.
            (2) Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) 
        is amended--
                    (A) in subparagraph (F), by inserting ``and'' at 
                the end;
                    (B) in subparagraph (G), by striking ``; and'' and 
                inserting a period;
                    (C) by moving subparagraph (G) 2 ems to the right; 
                and
                    (D) by striking subparagraph (H).
            (3) Section 1621(c) of such Act (42 U.S.C. 1382j(c)) is 
        amended to read as follows:
    ``(c) In determining the amount of income of an alien during the 
period of 5 years after such alien's entry into the United States, 
support or maintenance furnished in cash to the alien by such alien's 
sponsor (to the extent that it reflects income or resources which were 
taken into account in determining the amount of income and resources to 
be deemed to the alien under subsection (a) or (b) of this section) 
shall not be considered to be income of such alien under section 
1612(a)(2)(A).''.

SEC. 108. SUSPENSION OF CERTAIN REGULATIONS.

    During the COVID-19 emergency period, the Commissioner shall not 
promulgate or revise (and shall suspend any activities related to the 
promulgation or revision of) any regulation relating to--
            (1) the frequency of continuing disability reviews under 
        title II or XVI of the Social Security Act (42 U.S.C. 401 et 
        seq., 1381 et seq.);
            (2) the authority of administrative appeals judges of the 
        Social Security Administration; or
            (3) the medical-vocational guidelines for determining 
        whether an individual is disabled for purposes of title II or 
        XVI of the Social Security Act.

SEC. 109. DISCHARGE OF STUDENT LOANS.

    (a) FFEL Loans and Federal Direct Loans.--Section 437(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1087(a)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) MINE disability determinations.--
                    ``(A) In general.--A student borrower whom the 
                Commissioner of Social Security has classified as 
                `medical improvement not expected' for purposes of 
                entitlement to benefits under title II of the Social 
                Security Act (42 U.S.C. 401 et seq.) on the basis of a 
                disability--
                            ``(i) shall be considered permanently and 
                        totally disabled for the purpose of discharging 
                        such borrower's loans under this subsection; 
                        and
                            ``(ii) shall not be required to present 
                        additional documentation for purposes of this 
                        subsection.
                    ``(B) Procedures.--The Secretary and the 
                Commissioner of Social Security shall jointly develop 
                procedures through which the Commissioner shall, on not 
                less than a quarterly basis, provide the Secretary with 
                such information regarding individuals who are 
                classified as `medical improvement not expected' for 
                purposes of entitlement to benefits under title II of 
                the Social Security Act on the basis of a disability as 
                the Secretary shall require for purposes of carrying 
                out this paragraph.
                    ``(C) Opt-out process.--After receiving information 
                regarding a borrower from the Commissioner under 
                subparagraph (B), the Secretary shall--
                            ``(i) identify whether the individual has 
                        any loans under this title;
                            ``(ii) if the individual is a student 
                        borrower of a loan described in subparagraph 
                        (A) or (B) of section 428(a)(1), or a loan 
                        under part D, notify the borrower, in writing, 
                        that--
                                    ``(I) the borrower qualifies for 
                                discharge under this section based on 
                                the determination of the Commissioner;
                                    ``(II) unless the borrower requests 
                                otherwise within 30 days after 
                                receiving the notification under 
                                subclause (I), the Secretary shall 
                                discharge the borrower's liability on 
                                the loan in accordance with the 
                                requirements of this section; and
                                    ``(III) there may be tax 
                                implications to the borrower for a 
                                discharge under this paragraph; and
                            ``(iii) if the borrower does not opt out of 
                        the discharge under this paragraph by the date 
                        specified in the notice, discharge the 
                        borrower's liability on the loan, in accordance 
                        with the requirements of this section.
                    ``(D) Grace period.--Any borrower who receives a 
                discharge under this paragraph may, during the 1-year 
                period immediately following the discharge, request 
                that the Secretary restore the loan and reverse the 
                discharge without suffering any penalty.
                    ``(E) Treatment of certain reassigned 
                individuals.--An individual who is classified by the 
                Commissioner of Social Security as `medical improvement 
                not expected' for purposes of entitlement to benefits 
                under title II of the Social Security Act (42 U.S.C. 
                401 et seq.) on the basis of a disability and who is 
                subsequently reclassified for such purposes as a result 
                of changes to the standards or procedures under which 
                the Commissioner makes such classifications--
                            ``(i) shall, notwithstanding such 
                        reclassification, be considered permanently and 
                        totally disabled for the purpose of discharging 
                        such borrower's loans under this subsection; 
                        and
                            ``(ii) shall, notwithstanding such 
                        reclassification, not be required to present 
                        additional documentation for purposes of this 
                        subsection.''.
    (b) Perkins Loans.--Section 464(c) of the Higher Education Act of 
1965 (20 U.S.C. 1087dd(c)) is amended by adding at the end the 
following:
    ``(8)(A) A student borrower whom the Commissioner of Social 
Security has classified as `medical improvement not expected' for 
purposes of entitlement to benefits under title II of the Social 
Security Act (42 U.S.C. 401 et seq.) on the basis of a disability--
            ``(i) shall be considered permanently and totally disabled 
        for the purpose of cancelling such borrower's loans under 
        paragraph (1)(F); and
            ``(ii) shall not be required to present additional 
        documentation for purposes of paragraph (1)(F).
    ``(B) The Secretary and the Commissioner of Social Security shall 
jointly develop procedures through which the Commissioner shall, on not 
less than a quarterly basis, provide the Secretary with such 
information regarding individuals who are classified as `medical 
improvement not expected' for purposes of entitlement to benefits under 
title II of the Social Security Act on the basis of a disability as the 
Secretary shall require for purposes of carrying out this paragraph.
    ``(C) After receiving information regarding a borrower from the 
Commissioner under subparagraph (B), the Secretary shall--
            ``(i) identify whether the individual has any loans under 
        this part;
            ``(ii) if the individual is a student borrower of a loan 
        under this part, notify the borrower, in writing, that--
                    ``(I) the borrower qualifies for cancellation under 
                this subsection based on the determination of the 
                Commissioner;
                    ``(II) unless the borrower requests otherwise 
                within 30 days after receiving the notification under 
                subclause (I), the Secretary shall cancel the 
                borrower's liability on the loan in accordance with the 
                requirements of this subsection; and
                    ``(III) there may be tax implications to the 
                borrower for a loan cancellation under this paragraph; 
                and
            ``(iii) if the borrower does not opt out of the 
        cancellation under this paragraph by the date specified in the 
        notice, cancel the borrower's liability on the loan, in 
        accordance with the requirements of this subsection.
    ``(D) Any borrower who receives a cancellation under this paragraph 
may, during the 1-year period immediately following the cancellation, 
request that the Secretary restore the loan and reverse the 
cancellation without suffering any penalty.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on the date that is 120 days after the date of 
enactment of this Act.

SEC. 110. ELIMINATION OF SEPARATE ACCOUNT REQUIREMENT FOR PAST-DUE 
              SUPPLEMENTAL SECURITY INCOME BENEFITS PAID TO CHILD 
              BENEFICIARIES.

    (a) In General.--Section 1631(a)(2)(F) of the Social Security Act 
(42 U.S.C. 1383(a)(2)(F)) is amended--
            (1) in clause (i)(I), by striking ``Each representative 
        payee'' and inserting ``Subject to clause (v), each 
        representative payee''; and
            (2) by adding at the end the following clause:
                            ``(v) Beginning on the date of enactment of 
                        this clause, the requirements of clause (i) 
                        shall cease to be effective, and any amounts 
                        maintained in an account established on behalf 
                        of an individual under clause (i) shall be 
                        subject to the same requirements, and may be 
                        used in the same manner, as monthly benefits 
                        payable to such an individual under this 
                        title.''.
    (b) Rule of Construction.--Amounts transferred into the account of 
an individual pursuant to subsection (a) shall not be taken into 
account as income or resources of such individual for purposes of 
determining the eligibility of such individual or any other individual 
for benefits or assistance, or the amount or extent of such benefits or 
assistance, under title XVI of the Social Security Act (42 U.S.C. 1381 
et seq.), under any other Federal program, or under any State or local 
program financed in whole or in part with Federal funds.

SEC. 111. INCREASING THE SUBSTANTIAL GAINFUL ACTIVITY LIMIT.

    Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) 
is amended--
            (1) in subparagraph (A), by striking the second sentence; 
        and
            (2) by adding at the end the following new subparagraphs:
            ``(D)(i) Earnings derived from services shall demonstrate 
        an individual's ability to engage in substantial gainful 
        activity when the amount of such earnings exceeds, on a monthly 
        basis--
                    ``(I) for calendar year 2020, $2,400; and
                    ``(II) for any calendar year after 2020, subject to 
                clause (ii), an amount equal to $2,400 multiplied by 
                the quotient obtained by dividing--
                            ``(aa) the national average wage index (as 
                        defined in section 209(k)(1)) for the 12-month 
                        period ending with September of such preceding 
                        calendar year; by
                            ``(bb) the national average wage index (as 
                        so defined) for the 12-month period ending with 
                        September 2019.
            ``(ii) In no case shall the amount determined for a 
        calendar year under subclause (II) of clause (i) be less than 
        the amount that applied under this subparagraph for the 
        preceding calendar year.''.

SEC. 112. STATE GRANTS TO PROTECT THE LEGAL RIGHTS OF SSI AND SSDI 
              APPLICANTS AND BENEFICIARIES.

    Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is 
amended by inserting after section 1150B the following new section:

``SEC. 1150C. STATE GRANTS TO PROTECT THE LEGAL RIGHTS OF SUPPLEMENTAL 
              SECURITY AND DISABILITY INSURANCE APPLICANTS AND 
              BENEFICIARIES.

    ``(a) In General.--The Commissioner may make payments in each State 
to the protection and advocacy system established pursuant to part C of 
title I of the Developmental Disabilities Assistance and Bill of Rights 
Act for the purpose of protecting the legal rights of beneficiaries 
with a disability.
    ``(b) Services Provided.--Services provided to beneficiaries with a 
disability pursuant to a payment made under this section may include--
            ``(1) information and advice about accessing and applying 
        for benefits under title II or title XVI on the basis of a 
        disability and appealing eligibility decisions with respect to 
        such benefits;
            ``(2) advocacy and other services that a beneficiary with a 
        disability may need related to such benefits; and
            ``(3) services described in section 1150(b).
    ``(c) Application.--In order to receive payments under this 
section, a protection and advocacy system shall submit an application 
to the Commissioner, at such time, in such form and manner, and 
accompanied by such information and assurances as the Commissioner may 
require.
    ``(d) Amount of Payments.--
            ``(1) In general.--Subject to the amount appropriated for a 
        fiscal year for making payments under this section, a 
        protection and advocacy system shall not be paid an amount that 
        is less than--
                    ``(A) in the case of a protection and advocacy 
                system located in one of the 50 States, the District of 
                Columbia, or Puerto Rico, $200,000; and
                    ``(B) in the case of a protection and advocacy 
                system located in Guam, American Samoa, the United 
                States Virgin Islands, or the Commonwealth of the 
                Northern Mariana Islands, $100,000.
            ``(2) Inflation adjustment.--For each fiscal year in which 
        the total amount appropriated to carry out this section exceeds 
        the total amount appropriated to carry out this section in the 
        preceding fiscal year, the Commissioner shall increase each 
        minimum payment under subparagraphs (A) and (B) of paragraph 
        (1) by a percentage equal to the percentage increase in the 
        total amount so appropriated to carry out this section.
    ``(e) Annual Report.--Each protection and advocacy system that 
receives a payment under this section shall submit an annual report to 
the Commissioner on the services provided to individuals by the system.
    ``(f) Funding.--
            ``(1) Allocation of payments.--Payments under this section 
        shall be made from amounts made available for the 
        administration of title II and amounts made available for the 
        administration of title XVI, and shall be allocated among those 
        amounts as appropriate.
            ``(2) Carryover.--Any amounts allotted for payment to a 
        protection and advocacy system under this section for a fiscal 
        year shall remain available for payment to or on behalf of the 
        protection and advocacy system until the end of the succeeding 
        fiscal year.
    ``(g) Definitions.--In this section:
            ``(1) Beneficiary with a disability.--The term `beneficiary 
        with a disability' means an individual who--
                    ``(A) is a title II disability beneficiary or a 
                title XVI disability beneficiary (as such terms are 
                defined under section 1148(k)); or
                    ``(B) is an applicant or prospective applicant for 
                benefits under title II or title XVI on the basis that 
                such individual has a disability.
            ``(2) Commissioner.--The term `Commissioner' means the 
        Commissioner of Social Security.
            ``(3) Protection and advocacy system.--The term `protection 
        and advocacy system' means a protection and advocacy system 
        established pursuant to part C of title I of the Developmental 
        Disabilities Assistance and Bill of Rights Act.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000 for each of fiscal 
years 2021 through 2025.''.

SEC. 113. SOCIAL SECURITY ASSISTANCE AND REPRESENTATION GRANTS.

    (a) In General.--For each fiscal year during the 5-year period 
beginning with fiscal year 2020, the Commissioner shall award not less 
than 10 grants under this section to community-based organizations for 
the purpose of assisting beneficiaries with disabilities--
            (1) during the process of applying for benefits under title 
        II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 
        1381 et seq.) on the basis of a disability;
            (2) any appeals processes before the Commissioner, an 
        administrative judge of the Social Security Administration, or 
        a State Disability Determination Services office; and
            (3) in accessing such benefits.
    (b) Grant Requirements.--
            (1) Duration and amount of grants.--A grant awarded to a 
        community-based organization under this section--
                    (A) shall be for an amount that is not less than 
                $500,000; and
                    (B) shall be for a period of 5 years.
            (2) Use of funds.--Grant funds shall only be used for a 
        purpose described in subsection (a).
    (c) Application.--
            (1) In general.--To receive a grant under this section, a 
        community-based organization shall submit an application to the 
        Commissioner, at such time and in such form and manner and 
        accompanied by such information and assurances as the 
        Commissioner may require.
            (2) Required information.--An application for a grant under 
        this section shall include the following information:
                    (A) The region to be served by the applicant.
                    (B) A description of the needs of beneficiaries 
                with a disability in such region.
                    (C) A description of services to be provided under 
                such grant.
                    (D) The personnel that would provide such services.
                    (E) The applicant's plan for disseminating 
                awareness of the services provided under the grant to 
                beneficiaries with a disability in the region.
            (3) Memorandum of understanding.--An application for a 
        grant under this section shall include a memorandum of 
        understanding among any collaborating entities as to roles and 
        allocation of grant funds for each collaborating agency.
            (4) Assurance of availability.--An application for a grant 
        under this section shall include a commitment by the applicant 
        that all services provided under the grant, including 
        information about such services, shall be accessible to 
        beneficiaries with a disability.
    (d) Definitions.--
            (1) Beneficiary with a disability.--The term ``beneficiary 
        with a disability'' has the meaning given such term in section 
        1150C of the Social Security Act (as added by section 112).
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Social Security.
            (3) Community-based organization.--The term ``community-
        based organization'' means a non-profit agency or collaboration 
        of non-profit agencies that--
                    (A) serves a region of one or more States;
                    (B) includes--
                            (i) a legal team of lawyers licensed to 
                        practice in the State or States served by the 
                        organization;
                            (ii) experts in disability benefits 
                        provided under title II and XVI of the Social 
                        Security Act (42 U.S.C. 401 et seq., 1381 et 
                        seq.), including application, and appeals 
                        procedures under such titles; and
                            (iii) individuals currently receiving 
                        benefits on the basis of a disability under 
                        such a title, or who were beneficiaries under 
                        such a title on the basis of a disability 
                        within the past 5 years; and
                    (C) is overseen by a board or advisory group 
                composed of at least \1/3\ members who are current or 
                former beneficiaries on the basis of a disability under 
                title II or XVI of the Social Security Act.
            (4) State.--The term ``State'' means the 50 states, the 
        District of Columbia, Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of Northern Mariana 
        Islands.
    (e) Appropriation.--There is appropriated to the Commissioner, for 
each of fiscal years 2020 through 2024, $15,000,000 for the purpose of 
carrying out this section.
    (f) Reports.--
            (1) In general.--Each community-based organization that 
        receives a grant under this sections shall provide the 
        Commissioner with--
                    (A) for each year of the grant period, an annual 
                report on the services provided; and
                    (B) at the conclusion of the grant period, a final 
                report of activities provided under the grant.
            (2) Evaluation grant.--From the administrative funds of 
        title II and title XVI, there shall be awarded an evaluation 
        grant to an independent entity to evaluate the impact of the 
        grants under this section. The amount to be awarded to the 
        evaluation entity shall be at least $500,000 for each of the 5 
        years of the grant period and at least $500,000 for the 2 years 
        following the grant period.

                           TITLE II--MEDICARE

SEC. 201. FAIRNESS IN MEDICARE ENROLLMENT AND COVERAGE PERIODS.

    (a) Elimination of Medicare Coverage Gaps for New Enrollees.--In 
the case of an individual who enrolled under part A of title XVIII of 
the Social Security Act during the general enrollment period under 
section 1818 of such Act (42 U.S.C. 1395i-2) or enrolled under part B 
of such title during the general enrollment period under section 
1837(e) of such Act (42 U.S.C. 1395p(e)), the following shall apply:
            (1) Coverage period.--Notwithstanding subsection (c) of 
        such section 1818 and subsection (a)(2)(E) of section 1838 of 
        such Act (42 U.S.C. 1395q), such individual's coverage period 
        under such sections 1818 and 1838 shall begin on April 1, 2020, 
        rather than on July 1, 2020.
            (2) Installment plan for retroactive premium payments.--
        Notwithstanding subsection (d) of such section 1818 and section 
        1839 of such Act (42 U.S.C. 1395r), if the individual is 
        required to make any back payments of the monthly premium under 
        such subsection (d) or such section 1839 by reason of the 
        retroactive coverage period under paragraph (1), the Secretary 
        of Health and Human Services shall permit the individual, if 
        requested by the individual, to pay such back payments in 
        installments, as determined by the Secretary.
    (b) Special Part B Open Enrollment Period Relating to the COVID-19 
Public Health Emergency.--
            (1) Enrollment.--Section 1837 of the Social Security Act 
        (42 U.S.C. 1395p) is amended by adding at the end the following 
        new subsection:
    ``(m) Special Open Enrollment Period Relating to the COVID-19 
Public Health Emergency.--In the case of any individual who is eligible 
to enroll but who has elected not to enroll (or to be deemed enrolled) 
under this part, there shall be a special enrollment period during the 
emergency period described in section 1135(g)(1)(B).''.
            (2) Coverage period.--Section 1838 of the Social Security 
        Act (42 U.S.C. 1395q) is amended by adding at the end the 
        following new subsection:
    ``(g) Notwithstanding subsection (a), in the case of an individual 
who enrolls during a special enrollment period pursuant to section 
1837(m), the coverage period under this part shall begin on the date 
the individual applied for such enrollment (but in no case earlier than 
January 31, 2020).''.
            (3) Conforming amendment.--Section 1839(b) of the Social 
        Security Act (42 U.S.C. 1395r(b)) is amended, in the first 
        sentence, by striking ``or (l)'' and inserting ``(l), or (m)''.

SEC. 202. PERMITTING AN ATTESTATION OF EMPLOYMENT-BASED HEALTH 
              INSURANCE COVERAGE DURING THE COVID-19 PUBLIC HEALTH 
              EMERGENCY.

    Subsection (b) of section 1839 of the Social Security Act (42 
U.S.C. 1395r) is amended by inserting the following after the second 
sentence: ``With respect to enrollments under this part during the 
emergency period described in section 1135(g)(1)(B), for purposes of 
demonstrating enrollment in a group health plan or a large group health 
plan for a period of time under the preceding sentence, the Secretary 
shall accept an attestation from an individual regarding the 
individual's coverage during such period in lieu of the individual 
providing otherwise required documentation.''.

SEC. 203. SUSPENSION OF THE MEDICARE PART D LOW-INCOME SUBSIDY ASSET 
              TEST.

    Section 1860D-14(a)(3) of the Social Security Act (42 U.S.C. 1395w-
114(a)(3)) is amended--
            (1) in subparagraph (A)(iii), by striking ``meets'' and 
        inserting ``subject to subparagraph (H), meets''; and
            (2) by adding at the end the following new subparagraph:
                    ``(H) Suspension of the asset test.--During the 
                period beginning on the date of enactment of this 
                subparagraph and ending on December 31 of the year 
                following the year that includes the date of the end of 
                the emergency period described in section 
                1135(g)(1)(B), subparagraph (A) shall be applied 
                without regard to clause (iii) of such subparagraph.''.

                          TITLE III--MEDICAID

SEC. 301. SUSPENSION OF ASSET TEST FOR MEDICAL ASSISTANCE FOR MEDICARE 
              COST SHARING DURING COVID-19 EMERGENCY PERIOD.

    (a) In General.--During the period described in subsection (b), for 
purposes of determining eligibility for medical assistance for medicare 
cost-sharing under section 1902(a)(10)(E) of the Social Security Act 
(42 U.S.C. 1396a(a)(10)(E)))--
            (1) subsection (p)(1) of section 1905 of the Social 
        Security Act (42 U.S.C. 1396d) shall be applied by disregarding 
        subparagraph (C) of such subsection; and
            (2) subsection (s) of such section shall be applied by 
        disregarding paragraph (3) of such subsection.
    (b) COVID-19 Emergency Period.--The period described in this 
subsection is the period--
            (1) beginning on the date of enactment of this Act; and
            (2) ending with the last day of the twelfth month that 
        begins on or after the last day of the public health emergency 
        described in section 1135(g)(1)(B) of such Act (42 U.S.C. 
        1320b-5(g)(1)(B)).

SEC. 302. TEMPORARY INCREASE OF MEDICAID FMAP FOR MEDICARE COST-
              SHARING.

    (a) In General.--Notwithstanding any other provision of law, for 
each calendar quarter occurring during the period described in section 
301(b), the Federal medical assistance percentage applicable under 
section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) for 
each State, including the District of Columbia, American Samoa, Guam, 
the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, with 
respect to amounts expended by such State on medical assistance for 
medicare cost-sharing (as defined in section 1905(p)(3) of such Act (42 
U.S.C. 1396d(p)(3))) provided during such period, shall be equal to 100 
percent.
    (b) Exclusion of Enhanced Payments From Territorial Payment 
Limits.--To the extent that a Federal payment for medicare cost-sharing 
that is made to American Samoa, Guam, the Northern Mariana Islands, 
Puerto Rico, and the Virgin Islands is increased pursuant to subsection 
(a)--
            (1) the limitations on payments to territories under 
        subsections (f) and (g) of section 1108 of the Social Security 
        Act (42 U.S.C. 1308) shall not apply to the amount of such 
        increase; and
            (2) the amount of such increase shall be disregarded in 
        applying such subsections.

SEC. 303. DELAY IN REDUCTION OF FMAP FOR MEDICAID PERSONAL CARE 
              SERVICES FURNISHED WITHOUT AN ELECTRONIC VISIT 
              VERIFICATION SYSTEM .

    Section 1903(l)(1) of the Social Security Act (42 U.S.C. 
1396b(l)(1)) is amended--
            (1) by striking ``January 1, 2020'' and inserting ``the 
        date that is 6 months after the end of the emergency period 
        described in section 1135(g)(1)(B)''; and
            (2) in subparagraph (A), by inserting ``(if applicable)'' 
        after ``percentage points'' each place it appears.

                         TITLE IV--AGRICULTURE

SEC. 401. COMMODITY SUPPLEMENTAL FOOD PROGRAM.

    (a) Definitions.--In this section:
            (1) Covered period.--The term ``covered period'' means the 
        period beginning on the date of enactment of this Act and 
        ending on the date on which the public health emergency 
        declared by the Secretary of Health and Human Services under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d) 
        on January 31, 2020, with respect to COVID-19, is terminated.
            (2) Program.--The term ``program'' means the commodity 
        supplemental food program established under section 4 of the 
        Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c 
        note; Public Law 93-86).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Temporary Modifications to Program.--
            (1) Delivery flexibility.--Notwithstanding any other 
        provision of law, during the covered period, the Secretary 
        shall permit each State and State agency to modify practices 
        under the program to achieve contactless delivery of 
        commodities, including by waiving the requirement for signature 
        from program participants at the time of delivery.
            (2) Monthly distribution.--
                    (A) In general.--Notwithstanding any other 
                provision of law, during the covered period, the 
                Secretary may use appropriated funds under the program 
                to increase by not more than 200 percent the maximum 
                monthly quantity of commodities distributed to each 
                program participant.
                    (B) Supplement not supplant.--The increased 
                commodities described in subparagraph (A) shall 
                supplement and not supplant the regular distribution of 
                commodities under the program.

                  TITLE V--SUPPLEMENTAL APPROPRIATIONS

SEC. 501. COVID-19 PUBLIC AWARENESS CAMPAIGN.

    (a) Appropriations.--
            (1) Federal communications commission.--There is 
        appropriated to the Federal Communications Commission, out of 
        any amounts in the Treasury not otherwise appropriated, 
        $25,000,000 for fiscal year 2020, to remain available until 
        expended, to establish a nationwide campaign to educate the 
        public about COVID-19-related scams that--
                    (A) promise or offer a cure, treatment, or test for 
                the virus; or
                    (B) seek to steal money or obtain personal 
                identifiable information from the victim.
            (2) Federal trade commission.--There is appropriated to the 
        Federal Trade Commission, out of any amounts in the Treasury 
        not otherwise appropriated, $25,000,000 for fiscal year 2020, 
        to remain available until expended, to establish a nationwide 
        campaign to educate the public about COVID-19-related scams 
        that--
                    (A) promise or offer a cure, treatment, or test for 
                the virus; or
                    (B) seek to steal money or obtain personal 
                identifiable information from the victim.
            (3) Independence; collaboration.--The Federal 
        Communications Commission and the Federal Trade Commission--
                    (A) shall each establish a separate nationwide 
                campaign under paragraph (1) or (2), respectively; and
                    (B) shall work in conjunction to establish the 
                nationwide campaigns described in subparagraph (A) of 
                this paragraph, as appropriate.
    (b) Requirements.--In conducting their respective and joint 
nationwide campaigns under subsection (a), the Federal Communications 
Commission and the Federal Trade Commission shall--
            (1) conduct live webinars and tele-town halls in 
        conjunction with relevant organizations with various 
        constituencies on the national and local levels;
            (2)(A) create and publish public awareness materials 
        describing recent scams and ways that the public can avoid 
        falling victim;
            (B) post the materials described in subparagraph (A) to an 
        easily noticeable location on their respective websites in 
        various formats, including written, video, and web-interactive 
        materials; and
            (C) post the materials described in subparagraph (A) on the 
        website of the Federal Communications Commission or the Federal 
        Trade Commission, as applicable, in a format that allows the 
        materials to be easily printed, shared, or posted on external 
        websites and social media;
            (3) proactively share with national and local news outlets 
        materials or web posts created about any new scam developments;
            (4) conduct any other related activity in furtherance of 
        efforts to make the public aware of corona-virus related scams;
            (5) collaborate with other Federal agencies, such as the 
        Consumer Financial Protection Bureau and the Food and Drug 
        Administration, and relevant State agencies, as appropriate to 
        carry out the purposes of this subsection;
            (6) in their collaborations with each other and in their 
        individual work--
                    (A) place a special focus on making efforts to 
                reach seniors who may not have--
                            (i) access to information posted on the 
                        internet or web-based media; or
                            (ii) the ability to join webinars hosted by 
                        the Federal Communications Commission or the 
                        Federal Trade Commission (independently or 
                        separately); and
                    (B) in order to reach individuals described in 
                subparagraph (A), partner with organizations that 
                provide in-person services to seniors during the 
                pandemic in order to ensure that those seniors 
                regularly receive awareness materials about COVID-19-
                related scams; and
            (7) in order to ensure that the materials produced under 
        this subsection are accessible to and understandable by 
        individuals who have limited English proficiency--
                    (A) work to ensure that the materials are 
                translated into non-English languages; and
                    (B) consult with relevant stakeholder groups 
                representing such communities on the best ways to 
                ensure they such information is available to them.

SEC. 502. SENIOR LEGAL ASSISTANCE; SERVICES FOR OLDER INDIVIDUALS WITH 
              LIMITED ENGLISH PROFICIENCY.

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, and for other purposes, namely:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Administration for Community Living

                 aging and disability services programs

    For an additional amount for ``Aging and Disability Services 
Programs'', for carrying out the Older Americans Act of 1965 (42 U.S.C. 
3001 et seq.) (``OAA''), $40,000,000, to remain available through 
September 30, 2021, which shall be for making payments under title III 
of the OAA (42 U.S.C. 3021 et seq.) to States with State plans approved 
under section 307 of the OAA (42 U.S.C. 3027), to be distributed to the 
States as described in section 304(a) of the OAA (42 U.S.C. 3024(a)): 
Provided, That, of such amount appropriated under this heading, 
$20,000,000 shall be used to ensure that older individuals have access 
to legal assistance by supporting the network of statewide legal 
services for older individuals, including (1) maintaining legal 
hotlines for older individuals that are in operation on the date of 
enactment of this Act and expanding such hotlines to all requesting 
States, and (2) supporting legal assistance provided under part B of 
title III of the OAA (42 U.S.C. 3030d et seq.): Provided further, That, 
of such amount appropriated under this heading, $20,000,000 shall be 
used to provide services to support older individuals with limited 
English proficiency in addressing concerns as a result of COVID-19: 
Provided further, That in carrying out the requirements in the second 
proviso under this heading, area agencies on aging shall partner or 
contract with community-based organizations that provide translation 
and interpretation services for older individuals with limited English 
proficiency: Provided further, That in seeking organizations with which 
to enter into such partnerships or contracts, area agencies on aging 
shall make an effort to include organizations that assist older 
individuals speaking the most spoken non-English language in the 
planning and service area served by the area agency on aging and older 
individuals speaking the least spoken non-English language in such 
area: Provided further, That the services provided under the second 
proviso under this heading shall include services to provide older 
individuals with limited English proficiency with (1) the most up-to-
date information on public health concerns and suggested precautions 
related to COVID-19 and related issues, (2) one-on-one assistance to 
help older individuals with limited English proficiency understand 
eligibility requirements for available Federal, State, and local 
benefits and services, to translate applications and provide oral 
interpretations necessary to receive such benefits and services and 
provide oral interpretations necessary to receive such benefits and 
services, and to provide other supportive services for such individuals 
to access such benefits and services, and (3) related public awareness 
campaigns, related to COVID-19 and related issues, in non-English 
languages: Provided further, That each State agency receiving funding 
described in the second proviso under this heading shall report to the 
Assistant Secretary for Aging on the number of individuals receiving 
the services supported by such funding, number of services provided by 
type, and the languages spoken by the individuals receiving such 
services:  Provided further, That the amount appropriated under this 
heading is designated by Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).

SEC. 503. INFORMATION AND TRANSLATION THROUGH STATEWIDE INDEPENDENT 
              COUNCILS.

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, and for other purposes, namely:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Administration for Community Living

                 aging and disability services programs

                (statewide independent living councils)

    For an additional amount for ``Aging and Disability Services 
Programs'', for carrying out title VII of the Rehabilitation Act of 
1973 (29 U.S.C. 796 et seq.), $10,000,000, to remain available through 
September 30, 2021, which shall be for making payments under that title 
VII to States with State plans approved under section 704 of that Act 
(29 U.S.C. 796c), to be distributed as described in section 711 of that 
Act (29 U.S.C. 796e), to the States for Statewide Independent Living 
Councils to enable the Councils to support limited English proficient 
individuals with disabilities and individuals who are deaf or hard of 
hearing (which 2 types of individuals are referred to under this 
heading as ``covered individuals'') in addressing concerns as a result 
of COVID-19 through services to provide covered individuals with (1) 
the most up-to-date information on public health concerns and 
precautions related to COVID-19 and related issues; (2) one-on-one 
assistance to understand eligibility requirements for available 
Federal, State, and local benefits and services, to translate 
applications and provide oral interpretation necessary for such 
individuals to receive such benefits and services, and to provide other 
supports for such individuals to access such benefits and services; and 
(3) related public awareness campaigns in languages other than English 
and in American Sign Language (which languages and Language are 
referred to under this heading as ``additional languages''):  Provided, 
that the Councils shall provide support with funds appropriated under 
this heading in partnership with, or through contracts with, agencies 
carrying out State disability services programs or community-based 
organizations that provide translation and interpretation services for 
covered individuals:  Provided further, That in seeking agencies or 
organizations for such partnerships or contracts in a geographic area, 
a Council shall make efforts to include entities that assist covered 
individuals that speak the most commonly spoken additional languages, 
and entities that assist covered individuals that speak the least 
commonly spoken additional languages, in that geographical area:  
Provided further, That the Councils shall report to the Administration 
about the number of individuals served, the number of services provided 
by type, and the additional languages through which services are 
provided, with funds appropriated under this heading:  Provided 
further, That the amount appropriated under this heading is designated 
by Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
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