[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 748 Enrolled Bill (ENR)]
H.R.748
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
To amend the Internal Revenue Code of 1986 to repeal the excise tax on
high cost employer-sponsored health coverage.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coronavirus Aid, Relief, and
Economic Security Act'' or the ``CARES Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM
ENHANCEMENTS, AND ECONOMIC STABILIZATION
TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT
Sec. 1101. Definitions.
Sec. 1102. Paycheck protection program.
Sec. 1103. Entrepreneurial development.
Sec. 1104. State trade expansion program.
Sec. 1105. Waiver of matching funds requirement under the women's
business center program.
Sec. 1106. Loan forgiveness.
Sec. 1107. Direct appropriations.
Sec. 1108. Minority business development agency.
Sec. 1109. United States Treasury Program Management Authority.
Sec. 1110. Emergency EIDL grants.
Sec. 1111. Resources and services in languages other than English.
Sec. 1112. Subsidy for certain loan payments.
Sec. 1113. Bankruptcy.
Sec. 1114. Emergency rulemaking authority.
TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES
Subtitle A--Unemployment Insurance Provisions
Sec. 2101. Short title.
Sec. 2102. Pandemic Unemployment Assistance.
Sec. 2103. Emergency unemployment relief for governmental entities and
nonprofit organizations.
Sec. 2104. Emergency increase in unemployment compensation benefits.
Sec. 2105. Temporary full Federal funding of the first week of
compensable regular unemployment for States with no waiting
week.
Sec. 2106. Emergency State staffing flexibility.
Sec. 2107. Pandemic emergency unemployment compensation.
Sec. 2108. Temporary financing of short-time compensation payments in
States with programs in law.
Sec. 2109. Temporary financing of short-time compensation agreements.
Sec. 2110. Grants for short-time compensation programs.
Sec. 2111. Assistance and guidance in implementing programs.
Sec. 2112. Waiver of the 7-day waiting period for benefits under the
Railroad Unemployment Insurance Act.
Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance
Act.
Sec. 2114. Extended unemployment benefits under the Railroad
Unemployment Insurance Act.
Sec. 2115. Funding for the DOL Office of Inspector General for oversight
of unemployment provisions.
Sec. 2116. Implementation.
Subtitle B--Rebates and Other Individual Provisions
Sec. 2201. 2020 recovery rebates for individuals.
Sec. 2202. Special rules for use of retirement funds.
Sec. 2203. Temporary waiver of required minimum distribution rules for
certain retirement plans and accounts.
Sec. 2204. Allowance of partial above the line deduction for charitable
contributions.
Sec. 2205. Modification of limitations on charitable contributions
during 2020.
Sec. 2206. Exclusion for certain employer payments of student loans.
Subtitle C--Business Provisions
Sec. 2301. Employee retention credit for employers subject to closure
due to COVID-19.
Sec. 2302. Delay of payment of employer payroll taxes.
Sec. 2303. Modifications for net operating losses.
Sec. 2304. Modification of limitation on losses for taxpayers other than
corporations.
Sec. 2305. Modification of credit for prior year minimum tax liability
of corporations.
Sec. 2306. Modifications of limitation on business interest.
Sec. 2307. Technical amendments regarding qualified improvement
property.
Sec. 2308. Temporary exception from excise tax for alcohol used to
produce hand sanitizer.
TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST
THE CORONAVIRUS
Subtitle A--Health Provisions
Sec. 3001. Short title.
PART I--Addressing Supply Shortages
subpart a--medical product supplies
Sec. 3101. National Academies report on America's medical product supply
chain security.
Sec. 3102. Requiring the strategic national stockpile to include certain
types of medical supplies.
Sec. 3103. Treatment of respiratory protective devices as covered
countermeasures.
subpart b--mitigating emergency drug shortages
Sec. 3111. Prioritize reviews of drug applications; incentives.
Sec. 3112. Additional manufacturer reporting requirements in response to
drug shortages.
subpart c--preventing medical device shortages
Sec. 3121. Discontinuance or interruption in the production of medical
devices.
PART II--Access to Health Care for COVID-19 Patients
subpart a--coverage of testing and preventive services
Sec. 3201. Coverage of diagnostic testing for COVID-19.
Sec. 3202. Pricing of diagnostic testing.
Sec. 3203. Rapid coverage of preventive services and vaccines for
coronavirus.
subpart b--support for health care providers
Sec. 3211. Supplemental awards for health centers.
Sec. 3212. Telehealth network and telehealth resource centers grant
programs.
Sec. 3213. Rural health care services outreach, rural health network
development, and small health care provider quality
improvement grant programs.
Sec. 3214. United States Public Health Service Modernization.
Sec. 3215. Limitation on liability for volunteer health care
professionals during COVID-19 emergency response.
Sec. 3216. Flexibility for members of National Health Service Corps
during emergency period.
subpart c--miscellaneous provisions
Sec. 3221. Confidentiality and disclosure of records relating to
substance use disorder.
Sec. 3222. Nutrition services.
Sec. 3223. Continuity of service and opportunities for participants in
community service activities under title V of the Older
Americans Act of 1965.
Sec. 3224. Guidance on protected health information.
Sec. 3225. Reauthorization of healthy start program.
Sec. 3226. Importance of the blood supply.
PART III--Innovation
Sec. 3301. Removing the cap on OTA during public health emergencies.
Sec. 3302. Priority zoonotic animal drugs.
PART IV--Health Care Workforce
Sec. 3401. Reauthorization of health professions workforce programs.
Sec. 3402. Health workforce coordination.
Sec. 3403. Education and training relating to geriatrics.
Sec. 3404. Nursing workforce development.
Subtitle B--Education Provisions
Sec. 3501. Short title.
Sec. 3502. Definitions.
Sec. 3503. Campus-based aid waivers.
Sec. 3504. Use of supplemental educational opportunity grants for
emergency aid.
Sec. 3505. Federal work-study during a qualifying emergency.
Sec. 3506. Adjustment of subsidized loan usage limits.
Sec. 3507. Exclusion from Federal Pell Grant duration limit.
Sec. 3508. Institutional refunds and Federal student loan flexibility.
Sec. 3509. Satisfactory academic progress.
Sec. 3510. Continuing education at affected foreign institutions.
Sec. 3511. National emergency educational waivers.
Sec. 3512. HBCU Capital financing.
Sec. 3513. Temporary relief for federal student loan borrowers.
Sec. 3514. Provisions related to the Corporation for National and
Community Service.
Sec. 3515. Workforce response activities.
Sec. 3516. Technical amendments.
Sec. 3517. Waiver authority and reporting requirement for institutional
aid.
Sec. 3518. Authorized uses and other modifications for grants.
Sec. 3519. Service obligations for teachers.
Subtitle C--Labor Provisions
Sec. 3601. Limitation on paid leave.
Sec. 3602. Emergency Paid Sick Leave Act Limitation.
Sec. 3603. Unemployment insurance.
Sec. 3604. OMB Waiver of Paid Family and Paid Sick Leave.
Sec. 3605. Paid leave for rehired employees.
Sec. 3606. Advance refunding of credits.
Sec. 3607. Expansion of DOL Authority to postpone certain deadlines.
Sec. 3608. Single-employer plan funding rules.
Sec. 3609. Application of cooperative and small employer charity pension
plan rules to certain charitable employers whose primary
exempt purpose is providing services with respect to mothers
and children.
Sec. 3610. Federal contractor authority.
Sec. 3611. Technical corrections.
Subtitle D--Finance Committee
Sec. 3701. Exemption for telehealth services.
Sec. 3702. Inclusion of certain over-the-counter medical products as
qualified medical expenses.
Sec. 3703. Increasing Medicare telehealth flexibilities during emergency
period.
Sec. 3704. Enhancing Medicare telehealth services for Federally
qualified health centers and rural health clinics during
emergency period.
Sec. 3705. Temporary waiver of requirement for face-to-face visits
between home dialysis patients and physicians.
Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to
recertification of eligibility for hospice care during
emergency period.
Sec. 3707. Encouraging use of telecommunications systems for home health
services furnished during emergency period.
Sec. 3708. Improving care planning for Medicare home health services.
Sec. 3709. Adjustment of sequestration.
Sec. 3710. Medicare hospital inpatient prospective payment system add-on
payment for COVID-19 patients during emergency period.
Sec. 3711. Increasing access to post-acute care during emergency period.
Sec. 3712. Revising payment rates for durable medical equipment under
the Medicare program through duration of emergency period.
Sec. 3713. Coverage of the COVID-19 vaccine under part B of the Medicare
program without any cost-sharing.
Sec. 3714. Requiring Medicare prescription drug plans and MA-PD plans to
allow during the COVID-19 emergency period for fills and
refills of covered part D drugs for up to a 3-month supply.
Sec. 3715. Providing home and community-based services in acute care
hospitals.
Sec. 3716. Clarification regarding uninsured individuals.
Sec. 3717. Clarification regarding coverage of COVID-19 testing
products.
Sec. 3718. Amendments relating to reporting requirements with respect to
clinical diagnostic laboratory tests.
Sec. 3719. Expansion of the Medicare hospital accelerated payment
program during the COVID-19 public health emergency.
Sec. 3720. Delaying requirements for enhanced FMAP to enable State
legislation necessary for compliance.
Subtitle E--Health and Human Services Extenders
PART I--Medicare Provisions
Sec. 3801. Extension of the work geographic index floor under the
Medicare program.
Sec. 3802. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 3803. Extension of funding outreach and assistance for low-income
programs.
PART II--Medicaid Provisions
Sec. 3811. Extension of the Money Follows the Person rebalancing
demonstration program.
Sec. 3812. Extension of spousal impoverishment protections.
Sec. 3813. Delay of DSH reductions.
Sec. 3814. Extension and expansion of Community Mental Health Services
demonstration program.
PART III--Human Services and Other Health Programs
Sec. 3821. Extension of sexual risk avoidance education program.
Sec. 3822. Extension of personal responsibility education program.
Sec. 3823. Extension of demonstration projects to address health
professions workforce needs.
Sec. 3824. Extension of the temporary assistance for needy families
program and related programs.
PART IV--Public Health Provisions
Sec. 3831. Extension for community health centers, the National Health
Service Corps, and teaching health centers that operate GME
programs.
Sec. 3832. Diabetes programs.
PART V--Miscellaneous Provisions
Sec. 3841. Prevention of duplicate appropriations for fiscal year 2020.
Subtitle F--Over-the-Counter Drugs
PART I--OTC Drug Review
Sec. 3851. Regulation of certain nonprescription drugs that are marketed
without an approved drug application.
Sec. 3852. Misbranding.
Sec. 3853. Drugs excluded from the over-the-counter drug review.
Sec. 3854. Treatment of Sunscreen Innovation Act.
Sec. 3855. Annual update to Congress on appropriate pediatric indication
for certain OTC cough and cold drugs.
Sec. 3856. Technical corrections.
PART II--User Fees
Sec. 3861. Finding.
Sec. 3862. Fees relating to over-the-counter drugs.
TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED
SECTORS OF THE UNITED STATES ECONOMY
Subtitle A--Coronavirus Economic Stabilization Act of 2020
Sec. 4001. Short title.
Sec. 4002. Definitions.
Sec. 4003. Emergency relief and taxpayer protections.
Sec. 4004. Limitation on certain employee compensation.
Sec. 4005. Continuation of certain air service.
Sec. 4006. Coordination with Secretary of Transportation.
Sec. 4007. Suspension of certain aviation excise taxes.
Sec. 4008. Debt guarantee authority.
Sec. 4009. Temporary Government in the Sunshine Act relief.
Sec. 4010. Temporary hiring flexibility.
Sec. 4011. Temporary lending limit waiver.
Sec. 4012. Temporary relief for community banks.
Sec. 4013. Temporary relief from troubled debt restructurings.
Sec. 4014. Optional temporary relief from current expected credit
losses.
Sec. 4015. Non-applicability of restrictions on ESF during national
emergency.
Sec. 4016. Temporary credit union provisions.
Sec. 4017. Increasing access to materials necessary for national
security and pandemic recovery.
Sec. 4018. Special Inspector General for Pandemic Recovery.
Sec. 4019. Conflicts of interest.
Sec. 4020. Congressional Oversight Commission.
Sec. 4021. Credit protection during COVID-19.
Sec. 4022. Foreclosure moratorium and consumer right to request
forbearance.
Sec. 4023. Forbearance of residential mortgage loan payments for
multifamily properties with federally backed loans.
Sec. 4024. Temporary moratorium on eviction filings.
Sec. 4025. Protection of collective bargaining agreement.
Sec. 4026. Reports.
Sec. 4027. Direct appropriation.
Sec. 4028. Rule of construction.
Sec. 4029. Termination of authority.
Subtitle B--Air Carrier Worker Support
Sec. 4111. Definitions.
Sec. 4112. Pandemic relief for aviation workers.
Sec. 4113. Procedures for providing payroll support.
Sec. 4114. Required assurances.
Sec. 4115. Protection of collective bargaining agreement.
Sec. 4116. Limitation on certain employee compensation.
Sec. 4117. Tax payer protection.
Sec. 4118. Reports.
Sec. 4119. Coordination.
Sec. 4120. Direct appropriation.
TITLE V--CORONAVIRUS RELIEF FUNDS
Sec. 5001. Coronavirus Relief Fund.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 6001. COVID-19 borrowing authority for the United States Postal
Service.
Sec. 6002. Emergency designation.
DIVISION B--EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE AND
AGENCY OPERATIONS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM
ENHANCEMENTS, AND ECONOMIC STABILIZATION
TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT
SEC. 1101. DEFINITIONS.
In this title--
(1) the terms ``Administration'' and ``Administrator'' mean the
Small Business Administration and the Administrator thereof,
respectively; and
(2) the term ``small business concern'' has the meaning given
the term in section 3 of the Small Business Act (15 U.S.C. 636).
SEC. 1102. PAYCHECK PROTECTION PROGRAM.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ``and (E)'' and inserting ``(E), and (F)'';
and
(B) by adding at the end the following:
``(F) Participation in the paycheck protection program.--In
an agreement to participate in a loan on a deferred basis under
paragraph (36), the participation by the Administration shall
be 100 percent.''; and
(2) by adding at the end the following:
``(36) Paycheck protection program.--
``(A) Definitions.--In this paragraph--
``(i) the terms `appropriate Federal banking agency'
and `insured depository institution' have the meanings
given those terms in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813);
``(ii) the term `covered loan' means a loan made under
this paragraph during the covered period;
``(iii) the term `covered period' means the period
beginning on February 15, 2020 and ending on June 30, 2020;
``(iv) the term `eligible recipient' means an
individual or entity that is eligible to receive a covered
loan;
``(v) the term `eligible self-employed individual' has
the meaning given the term in section 7002(b) of the
Families First Coronavirus Response Act (Public Law 116-
127);
``(vi) the term `insured credit union' has the meaning
given the term in section 101 of the Federal Credit Union
Act (12 U.S.C. 1752);
``(vii) the term `nonprofit organization' means an
organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and that is exempt from
taxation under section 501(a) of such Code;
``(viii) the term `payroll costs'--
``(I) means--
``(aa) the sum of payments of any compensation
with respect to employees that is a--
``(AA) salary, wage, commission, or similar
compensation;
``(BB) payment of cash tip or equivalent;
``(CC) payment for vacation, parental,
family, medical, or sick leave;
``(DD) allowance for dismissal or
separation;
``(EE) payment required for the provisions
of group health care benefits, including
insurance premiums;
``(FF) payment of any retirement benefit;
or
``(GG) payment of State or local tax
assessed on the compensation of employees; and
``(bb) the sum of payments of any compensation
to or income of a sole proprietor or independent
contractor that is a wage, commission, income, net
earnings from self-employment, or similar
compensation and that is in an amount that is not
more than $100,000 in 1 year, as prorated for the
covered period; and
``(II) shall not include--
``(aa) the compensation of an individual
employee in excess of an annual salary of $100,000,
as prorated for the covered period;
``(bb) taxes imposed or withheld under chapters
21, 22, or 24 of the Internal Revenue Code of 1986
during the covered period;
``(cc) any compensation of an employee whose
principal place of residence is outside of the
United States;
``(dd) qualified sick leave wages for which a
credit is allowed under section 7001 of the
Families First Coronavirus Response Act (Public Law
116-127); or
``(ee) qualified family leave wages for which a
credit is allowed under section 7003 of the
Families First Coronavirus Response Act (Public Law
116-127); and
``(ix) the term `veterans organization' means an
organization that is described in section 501(c)(19) of the
Internal Revenue Code that is exempt from taxation under
section 501(a) of such Code.
``(B) Paycheck protection loans.--Except as otherwise
provided in this paragraph, the Administrator may guarantee
covered loans under the same terms, conditions, and processes
as a loan made under this subsection.
``(C) Registration of loans.--Not later than 15 days after
the date on which a loan is made under this paragraph, the
Administration shall register the loan using the TIN (as
defined in section 7701 of the Internal Revenue Code of 1986)
assigned to the borrower.
``(D) Increased eligibility for certain small businesses
and organizations.--
``(i) In general.--During the covered period, in
addition to small business concerns, any business concern,
nonprofit organization, veterans organization, or Tribal
business concern described in section 31(b)(2)(C) shall be
eligible to receive a covered loan if the business concern,
nonprofit organization, veterans organization, or Tribal
business concern employs not more than the greater of--
``(I) 500 employees; or
``(II) if applicable, the size standard in number
of employees established by the Administration for the
industry in which the business concern, nonprofit
organization, veterans organization, or Tribal business
concern operates.
``(ii) Inclusion of sole proprietors, independent
contractors, and eligible self-employed individuals.--
``(I) In general.--During the covered period,
individuals who operate under a sole proprietorship or
as an independent contractor and eligible self-employed
individuals shall be eligible to receive a covered
loan.
``(II) Documentation.--An eligible self-employed
individual, independent contractor, or sole
proprietorship seeking a covered loan shall submit such
documentation as is necessary to establish such
individual as eligible, including payroll tax filings
reported to the Internal Revenue Service, Forms 1099-
MISC, and income and expenses from the sole
proprietorship, as determined by the Administrator and
the Secretary.
``(iii) Business concerns with more than 1 physical
location.--During the covered period, any business concern
that employs not more than 500 employees per physical
location of the business concern and that is assigned a
North American Industry Classification System code
beginning with 72 at the time of disbursal shall be
eligible to receive a covered loan.
``(iv) Waiver of affiliation rules.--During the covered
period, the provisions applicable to affiliations under
section 121.103 of title 13, Code of Federal Regulations,
or any successor regulation, are waived with respect to
eligibility for a covered loan for--
``(I) any business concern with not more than 500
employees that, as of the date on which the covered
loan is disbursed, is assigned a North American
Industry Classification System code beginning with 72;
``(II) any business concern operating as a
franchise that is assigned a franchise identifier code
by the Administration; and
``(III) any business concern that receives
financial assistance from a company licensed under
section 301 of the Small Business Investment Act of
1958 (15 U.S.C. 681).
``(v) Employee.--For purposes of determining whether a
business concern, nonprofit organization, veterans
organization, or Tribal business concern described in
section 31(b)(2)(C) employs not more than 500 employees
under clause (i)(I), the term `employee' includes
individuals employed on a full-time, part-time, or other
basis.
``(vi) Affiliation.--The provisions applicable to
affiliations under section 121.103 of title 13, Code of
Federal Regulations, or any successor thereto, shall apply
with respect to a nonprofit organization and a veterans
organization in the same manner as with respect to a small
business concern.
``(E) Maximum loan amount.--During the covered period, with
respect to a covered loan, the maximum loan amount shall be the
lesser of--
``(i)(I) the sum of--
``(aa) the product obtained by multiplying--
``(AA) the average total monthly payments by
the applicant for payroll costs incurred during the
1-year period before the date on which the loan is
made, except that, in the case of an applicant that
is seasonal employer, as determined by the
Administrator, the average total monthly payments
for payroll shall be for the 12-week period
beginning February 15, 2019, or at the election of
the eligible recipient, March 1, 2019, and ending
June 30, 2019; by
``(BB) 2.5; and
``(bb) the outstanding amount of a loan under
subsection (b)(2) that was made during the period
beginning on January 31, 2020 and ending on the date on
which covered loans are made available to be refinanced
under the covered loan; or
``(II) if requested by an otherwise eligible recipient
that was not in business during the period beginning on
February 15, 2019 and ending on June 30, 2019, the sum of--
``(aa) the product obtained by multiplying--
``(AA) the average total monthly payments by
the applicant for payroll costs incurred during the
period beginning on January 1, 2020 and ending on
February 29, 2020; by
``(BB) 2.5; and
``(bb) the outstanding amount of a loan under
subsection (b)(2) that was made during the period
beginning on January 31, 2020 and ending on the date on
which covered loans are made available to be refinanced
under the covered loan; or
``(ii) $10,000,000.
``(F) Allowable uses of covered loans.--
``(i) In general.--During the covered period, an
eligible recipient may, in addition to the allowable uses
of a loan made under this subsection, use the proceeds of
the covered loan for--
``(I) payroll costs;
``(II) costs related to the continuation of group
health care benefits during periods of paid sick,
medical, or family leave, and insurance premiums;
``(III) employee salaries, commissions, or similar
compensations;
``(IV) payments of interest on any mortgage
obligation (which shall not include any prepayment of
or payment of principal on a mortgage obligation);
``(V) rent (including rent under a lease
agreement);
``(VI) utilities; and
``(VII) interest on any other debt obligations that
were incurred before the covered period.
``(ii) Delegated authority.--
``(I) In general.--For purposes of making covered
loans for the purposes described in clause (i), a
lender approved to make loans under this subsection
shall be deemed to have been delegated authority by the
Administrator to make and approve covered loans,
subject to the provisions of this paragraph.
``(II) Considerations.--In evaluating the
eligibility of a borrower for a covered loan with the
terms described in this paragraph, a lender shall
consider whether the borrower--
``(aa) was in operation on February 15, 2020;
and
``(bb)(AA) had employees for whom the borrower
paid salaries and payroll taxes; or
``(BB) paid independent contractors, as
reported on a Form 1099-MISC.
``(iii) Additional lenders.--The authority to make
loans under this paragraph shall be extended to additional
lenders determined by the Administrator and the Secretary
of the Treasury to have the necessary qualifications to
process, close, disburse and service loans made with the
guarantee of the Administration.
``(iv) Refinance.--A loan made under subsection (b)(2)
during the period beginning on January 31, 2020 and ending
on the date on which covered loans are made available may
be refinanced as part of a covered loan.
``(v) Nonrecourse.--Notwithstanding the waiver of the
personal guarantee requirement or collateral under
subparagraph (J), the Administrator shall have no recourse
against any individual shareholder, member, or partner of
an eligible recipient of a covered loan for nonpayment of
any covered loan, except to the extent that such
shareholder, member, or partner uses the covered loan
proceeds for a purpose not authorized under clause (i).
``(G) Borrower requirements.--
``(i) Certification.--An eligible recipient applying
for a covered loan shall make a good faith certification--
``(I) that the uncertainty of current economic
conditions makes necessary the loan request to support
the ongoing operations of the eligible recipient;
``(II) acknowledging that funds will be used to
retain workers and maintain payroll or make mortgage
payments, lease payments, and utility payments;
``(III) that the eligible recipient does not have
an application pending for a loan under this subsection
for the same purpose and duplicative of amounts applied
for or received under a covered loan; and
``(IV) during the period beginning on February 15,
2020 and ending on December 31, 2020, that the eligible
recipient has not received amounts under this
subsection for the same purpose and duplicative of
amounts applied for or received under a covered loan.
``(H) Fee waiver.--During the covered period, with respect
to a covered loan--
``(i) in lieu of the fee otherwise applicable under
paragraph (23)(A), the Administrator shall collect no fee;
and
``(ii) in lieu of the fee otherwise applicable under
paragraph (18)(A), the Administrator shall collect no fee.
``(I) Credit elsewhere.--During the covered period, the
requirement that a small business concern is unable to obtain
credit elsewhere, as defined in section 3(h), shall not apply
to a covered loan.
``(J) Waiver of personal guarantee requirement.--During the
covered period, with respect to a covered loan--
``(i) no personal guarantee shall be required for the
covered loan; and
``(ii) no collateral shall be required for the covered
loan.
``(K) Maturity for loans with remaining balance after
application of forgiveness.--With respect to a covered loan
that has a remaining balance after reduction based on the loan
forgiveness amount under section 1106 of the CARES Act--
``(i) the remaining balance shall continue to be
guaranteed by the Administration under this subsection; and
``(ii) the covered loan shall have a maximum maturity
of 10 years from the date on which the borrower applies for
loan forgiveness under that section.
``(L) Interest rate requirements.--A covered loan shall
bear an interest rate not to exceed 4 percent.
``(M) Loan deferment.--
``(i) Definition of impacted borrower.--
``(I) In general.--In this subparagraph, the term
`impacted borrower' means an eligible recipient that--
``(aa) is in operation on February 15, 2020;
and
``(bb) has an application for a covered loan
that is approved or pending approval on or after
the date of enactment of this paragraph.
``(II) Presumption.--For purposes of this
subparagraph, an impacted borrower is presumed to have
been adversely impacted by COVID-19.
``(ii) Deferral.--During the covered period, the
Administrator shall--
``(I) consider each eligible recipient that applies
for a covered loan to be an impacted borrower; and
``(II) require lenders under this subsection to
provide complete payment deferment relief for impacted
borrowers with covered loans for a period of not less
than 6 months, including payment of principal,
interest, and fees, and not more than 1 year.
``(iii) Secondary market.--During the covered period,
with respect to a covered loan that is sold on the
secondary market, if an investor declines to approve a
deferral requested by a lender under clause (ii), the
Administrator shall exercise the authority to purchase the
loan so that the impacted borrower may receive a deferral
for a period of not less than 6 months, including payment
of principal, interest, and fees, and not more than 1 year.
``(iv) Guidance.--Not later than 30 days after the date
of enactment of this paragraph, the Administrator shall
provide guidance to lenders under this paragraph on the
deferment process described in this subparagraph.
``(N) Secondary market sales.--A covered loan shall be
eligible to be sold in the secondary market consistent with
this subsection. The Administrator may not collect any fee for
any guarantee sold into the secondary market under this
subparagraph.
``(O) Regulatory capital requirements.--
``(i) Risk weight.--With respect to the appropriate
Federal banking agencies or the National Credit Union
Administration Board applying capital requirements under
their respective risk-based capital requirements, a covered
loan shall receive a risk weight of zero percent.
``(ii) Temporary relief from tdr disclosures.--
Notwithstanding any other provision of law, an insured
depository institution or an insured credit union that
modifies a covered loan in relation to COVID-19-related
difficulties in a troubled debt restructuring on or after
March 13, 2020, shall not be required to comply with the
Financial Accounting Standards Board Accounting Standards
Codification Subtopic 310-40 (`Receivables - Troubled Debt
Restructurings by Creditors') for purposes of compliance
with the requirements of the Federal Deposit Insurance Act
(12 U.S.C. 1811 et seq.), until such time and under such
circumstances as the appropriate Federal banking agency or
the National Credit Union Administration Board, as
applicable, determines appropriate.
``(P) Reimbursement for processing.--
``(i) In general.--The Administrator shall reimburse a
lender authorized to make a covered loan at a rate, based
on the balance of the financing outstanding at the time of
disbursement of the covered loan, of--
``(I) 5 percent for loans of not more than
$350,000;
``(II) 3 percent for loans of more than $350,000
and less than $2,000,000; and
``(III) 1 percent for loans of not less than
$2,000,000.
``(ii) Fee limits.--An agent that assists an eligible
recipient to prepare an application for a covered loan may
not collect a fee in excess of the limits established by
the Administrator.
``(iii) Timing.--A reimbursement described in clause
(i) shall be made not later than 5 days after the
disbursement of the covered loan.
``(iv) Sense of the senate.--It is the sense of the
Senate that the Administrator should issue guidance to
lenders and agents to ensure that the processing and
disbursement of covered loans prioritizes small business
concerns and entities in underserved and rural markets,
including veterans and members of the military community,
small business concerns owned and controlled by socially
and economically disadvantaged individuals (as defined in
section 8(d)(3)(C)), women, and businesses in operation for
less than 2 years.
``(Q) Duplication.--Nothing in this paragraph shall
prohibit a recipient of an economic injury disaster loan made
under subsection (b)(2) during the period beginning on January
31, 2020 and ending on the date on which covered loans are made
available that is for a purpose other than paying payroll costs
and other obligations described in subparagraph (F) from
receiving assistance under this paragraph.
``(R) Waiver of prepayment penalty.--Notwithstanding any
other provision of law, there shall be no prepayment penalty
for any payment made on a covered loan.''.
(b) Commitments for 7(a) Loans.--During the period beginning on
February 15, 2020 and ending on June 30, 2020--
(1) the amount authorized for commitments for general business
loans authorized under section 7(a) of the Small Business Act (15
U.S.C. 636(a)), including loans made under paragraph (36) of such
section, as added by subsection (a), shall be $349,000,000,000; and
(2) the amount authorized for commitments for such loans under
the heading ``business loans program account'' under the heading
``Small Business Administration'' under title V of the Consolidated
Appropriations Act, 2020 (Public Law 116-93; 133 Stat. 2475) shall
not apply.
(c) Express Loans.--
(1) In general.--Section 7(a)(31)(D) of the Small Business Act
(15 U.S.C. 636(a)(31)(D)) is amended by striking ``$350,000'' and
inserting ``$1,000,000''.
(2) Prospective repeal.--Effective on January 1, 2021, section
7(a)(31)(D) of the Small Business Act (15 U.S.C. 636(a)(31)(D)) is
amended by striking ``$1,000,000'' and inserting ``$350,000''.
(d) Exception to Guarantee Fee Waiver for Veterans.--Section
7(a)(31)(G) of the Small Business Act (15 U.S.C. 636(a)(31)(G)) is
amended--
(1) by striking clause (ii); and
(2) by redesignating clause (iii) as clause (ii).
(e) Interim Rule.--On and after the date of enactment of this Act,
the interim final rule published by the Administrator entitled
``Express Loan Programs: Affiliation Standards'' (85 Fed. Reg. 7622
(February 10, 2020)) is permanently rescinded and shall have no force
or effect.
SEC. 1103. ENTREPRENEURIAL DEVELOPMENT.
(a) Definitions.--In this section--
(1) the term ``covered small business concern'' means a small
business concern that has experienced, as a result of COVID-19--
(A) supply chain disruptions, including changes in--
(i) quantity and lead time, including the number of
shipments of components and delays in shipments;
(ii) quality, including shortages in supply for quality
control reasons; and
(iii) technology, including a compromised payment
network;
(B) staffing challenges;
(C) a decrease in gross receipts or customers; or
(D) a closure;
(2) the term ``resource partner'' means--
(A) a small business development center; and
(B) a women's business center;
(3) the term ``small business development center'' has the
meaning given the term in section 3 of the Small Business Act (15
U.S.C. 632); and
(4) the term ``women's business center'' means a women's
business center described in section 29 of the Small Business Act
(15 U.S.C. 656).
(b) Education, Training, and Advising Grants.--
(1) In general.--The Administration may provide financial
assistance in the form of grants to resource partners to provide
education, training, and advising to covered small business
concerns.
(2) Use of funds.--Grants under this subsection shall be used
for the education, training, and advising of covered small business
concerns and their employees on--
(A) accessing and applying for resources provided by the
Administration and other Federal resources relating to access
to capital and business resiliency;
(B) the hazards and prevention of the transmission and
communication of COVID-19 and other communicable diseases;
(C) the potential effects of COVID-19 on the supply chains,
distribution, and sale of products of covered small business
concerns and the mitigation of those effects;
(D) the management and practice of telework to reduce
possible transmission of COVID-19;
(E) the management and practice of remote customer service
by electronic or other means;
(F) the risks of and mitigation of cyber threats in remote
customer service or telework practices;
(G) the mitigation of the effects of reduced travel or
outside activities on covered small business concerns during
COVID-19 or similar occurrences; and
(H) any other relevant business practices necessary to
mitigate the economic effects of COVID-19 or similar
occurrences.
(3) Grant determination.--
(A) Small business development centers.--The Administration
shall award 80 percent of funds authorized to carry out this
subsection to small business development centers, which shall
be awarded pursuant to a formula jointly developed, negotiated,
and agreed upon, with full participation of both parties,
between the association formed under section 21(a)(3)(A) of the
Small Business Act (15 U.S.C. 648(a)(3)(A)) and the
Administration.
(B) Women's business centers.--The Administration shall
award 20 percent of funds authorized to carry out this
subsection to women's business centers, which shall be awarded
pursuant to a process established by the Administration in
consultation with recipients of assistance.
(C) No matching funds required.--Matching funds shall not
be required for any grant under this subsection.
(4) Goals and metrics.--
(A) In general.--Goals and metrics for the funds made
available under this subsection shall be jointly developed,
negotiated, and agreed upon, with full participation of both
parties, between the resource partners and the Administrator,
which shall--
(i) take into consideration the extent of the
circumstances relating to the spread of COVID-19, or
similar occurrences, that affect covered small business
concerns located in the areas covered by the resource
partner, particularly in rural areas or economically
distressed areas;
(ii) generally follow the use of funds outlined in
paragraph (2), but shall not restrict the activities of
resource partners in responding to unique situations; and
(iii) encourage resource partners to develop and
provide services to covered small business concerns.
(B) Public availability.--The Administrator shall make
publicly available the methodology by which the Administrator
and resource partners jointly develop the metrics and goals
described in subparagraph (A).
(c) Resource Partner Association Grants.--
(1) In general.--The Administrator may provide grants to an
association or associations representing resource partners under
which the association or associations shall establish a single
centralized hub for COVID-19 information, which shall include--
(A) 1 online platform that consolidates resources and
information available across multiple Federal agencies for
small business concerns related to COVID-19; and
(B) a training program to educate resource partner
counselors, members of the Service Corps of Retired Executives
established under section 8(b)(1)(B) of the Small Business Act
(15 U.S.C. 637(b)(1)(B)), and counselors at veterans business
outreach centers described in section 32 of the Small Business
Act (15 U.S.C. 657b) on the resources and information described
in subparagraph (A).
(2) Goals and metrics.--Goals and metrics for the funds made
available under this subsection shall be jointly developed,
negotiated, and agreed upon, with full participation of both
parties, between the association or associations receiving a grant
under this subsection and the Administrator.
(d) Report.--Not later than 6 months after the date of enactment of
this Act, and annually thereafter, the Administrator shall submit to
the Committee on Small Business and Entrepreneurship of the Senate and
the Committee on Small Business of the House of Representatives a
report that describes--
(1) with respect to the initial year covered by the report--
(A) the programs and services developed and provided by the
Administration and resource partners under subsection (b);
(B) the initial efforts to provide those services under
subsection (b); and
(C) the online platform and training developed and provided
by the Administration and the association or associations under
subsection (c); and
(2) with respect to the subsequent years covered by the
report--
(A) with respect to the grant program under subsection
(b)--
(i) the efforts of the Administrator and resource
partners to develop services to assist covered small
business concerns;
(ii) the challenges faced by owners of covered small
business concerns in accessing services provided by the
Administration and resource partners;
(iii) the number of unique covered small business
concerns that were served by the Administration and
resource partners; and
(iv) other relevant outcome performance data with
respect to covered small business concerns, including the
number of employees affected, the effect on sales, the
disruptions of supply chains, and the efforts made by the
Administration and resource partners to mitigate these
effects; and
(B) with respect to the grant program under subsection
(c)--
(i) the efforts of the Administrator and the
association or associations to develop and evolve an online
resource for small business concerns; and
(ii) the efforts of the Administrator and the
association or associations to develop a training program
for resource partner counselors, including the number of
counselors trained.
SEC. 1104. STATE TRADE EXPANSION PROGRAM.
(a) In General.--Notwithstanding paragraph (3)(C)(iii) of section
22(l) of the Small Business Act (15 U.S.C. 649(l)), for grants under
the State Trade Expansion Program under such section 22(l) using
amounts made available for fiscal year 2018 or fiscal year 2019, the
period of the grant shall continue through the end of fiscal year 2021.
(b) Reimbursement.--The Administrator shall reimburse any recipient
of assistance under section 22(l) of the Small Business Act (15 U.S.C.
649(l)) for financial losses relating to a foreign trade mission or a
trade show exhibition that was cancelled solely due to a public health
emergency declared due to COVID-19 if the reimbursement does not exceed
a recipient's grant funding.
SEC. 1105. WAIVER OF MATCHING FUNDS REQUIREMENT UNDER THE WOMEN'S
BUSINESS CENTER PROGRAM.
During the 3-month period beginning on the date of enactment of
this Act, the requirement relating to obtaining cash contributions from
non-Federal sources under section 29(c)(1) of the Small Business Act
(15 U.S.C. 656(c)(1)) is waived for any recipient of assistance under
such section 29.
SEC. 1106. LOAN FORGIVENESS.
(a) Definitions.--In this section--
(1) the term ``covered loan'' means a loan guaranteed under
paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C.
636(a)), as added by section 1102;
(2) the term ``covered mortgage obligation'' means any
indebtedness or debt instrument incurred in the ordinary course of
business that--
(A) is a liability of the borrower;
(B) is a mortgage on real or personal property; and
(C) was incurred before February 15, 2020;
(3) the term ``covered period'' means the 8-week period
beginning on the date of the origination of a covered loan;
(4) the term ``covered rent obligation'' means rent obligated
under a leasing agreement in force before February 15, 2020;
(5) the term ``covered utility payment'' means payment for a
service for the distribution of electricity, gas, water,
transportation, telephone, or internet access for which service
began before February 15, 2020;
(6) the term ``eligible recipient'' means the recipient of a
covered loan;
(7) the term ``expected forgiveness amount'' means the amount
of principal that a lender reasonably expects a borrower to expend
during the covered period on the sum of any--
(A) payroll costs;
(B) payments of interest on any covered mortgage obligation
(which shall not include any prepayment of or payment of
principal on a covered mortgage obligation);
(C) payments on any covered rent obligation; and
(D) covered utility payments; and
(8) the term ``payroll costs'' has the meaning given that term
in paragraph (36) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), as added by section 1102 of this Act.
(b) Forgiveness.--An eligible recipient shall be eligible for
forgiveness of indebtedness on a covered loan in an amount equal to the
sum of the following costs incurred and payments made during the
covered period:
(1) Payroll costs.
(2) Any payment of interest on any covered mortgage obligation
(which shall not include any prepayment of or payment of principal
on a covered mortgage obligation).
(3) Any payment on any covered rent obligation.
(4) Any covered utility payment.
(c) Treatment of Amounts Forgiven.--
(1) In general.--Amounts which have been forgiven under this
section shall be considered canceled indebtedness by a lender
authorized under section 7(a) of the Small Business Act (15 U.S.C.
636(a)).
(2) Purchase of guarantees.--For purposes of the purchase of
the guarantee for a covered loan by the Administrator, amounts
which are forgiven under this section shall be treated in
accordance with the procedures that are otherwise applicable to a
loan guaranteed under section 7(a) of the Small Business Act (15
U.S.C. 636(a)).
(3) Remittance.--Not later than 90 days after the date on which
the amount of forgiveness under this section is determined, the
Administrator shall remit to the lender an amount equal to the
amount of forgiveness, plus any interest accrued through the date
of payment.
(4) Advance purchase of covered loan.--
(A) Report.--A lender authorized under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)), or, at the discretion of
the Administrator, a third party participant in the secondary
market, may, report to the Administrator an expected
forgiveness amount on a covered loan or on a pool of covered
loans of up to 100 percent of the principal on the covered loan
or pool of covered loans, respectively.
(B) Purchase.--The Administrator shall purchase the
expected forgiveness amount described in subparagraph (A) as if
the amount were the principal amount of a loan guaranteed under
section 7(a) of the Small Business Act 636(a)).
(C) Timing.--Not later than 15 days after the date on which
the Administrator receives a report under subparagraph (A), the
Administrator shall purchase the expected forgiveness amount
under subparagraph (B) with respect to each covered loan to
which the report relates.
(d) Limits on Amount of Forgiveness.--
(1) Amount may not exceed principal.--The amount of loan
forgiveness under this section shall not exceed the principal
amount of the financing made available under the applicable covered
loan.
(2) Reduction based on reduction in number of employees.--
(A) In general.--The amount of loan forgiveness under this
section shall be reduced, but not increased, by multiplying the
amount described in subsection (b) by the quotient obtained by
dividing--
(i) the average number of full-time equivalent
employees per month employed by the eligible recipient
during the covered period; by
(ii)(I) at the election of the borrower--
(aa) the average number of full-time equivalent
employees per month employed by the eligible recipient
during the period beginning on February 15, 2019 and
ending on June 30, 2019; or
(bb) the average number of full-time equivalent
employees per month employed by the eligible recipient
during the period beginning on January 1, 2020 and
ending on February 29, 2020; or
(II) in the case of an eligible recipient that is
seasonal employer, as determined by the Administrator, the
average number of full-time equivalent employees per month
employed by the eligible recipient during the period
beginning on February 15, 2019 and ending on June 30, 2019.
(B) Calculation of average number of employees.--For
purposes of subparagraph (A), the average number of full-time
equivalent employees shall be determined by calculating the
average number of full-time equivalent employees for each pay
period falling within a month.
(3) Reduction relating to salary and wages.--
(A) In general.--The amount of loan forgiveness under this
section shall be reduced by the amount of any reduction in
total salary or wages of any employee described in subparagraph
(B) during the covered period that is in excess of 25 percent
of the total salary or wages of the employee during the most
recent full quarter during which the employee was employed
before the covered period.
(B) Employees described.--An employee described in this
subparagraph is any employee who did not receive, during any
single pay period during 2019, wages or salary at an annualized
rate of pay in an amount more than $100,000.
(4) Tipped workers.--An eligible recipient with tipped
employees described in section 3(m)(2)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) may receive
forgiveness for additional wages paid to those employees.
(5) Exemption for re-hires.--
(A) In general.--In a circumstance described in
subparagraph (B), the amount of loan forgiveness under this
section shall be determined without regard to a reduction in
the number of full-time equivalent employees of an eligible
recipient or a reduction in the salary of 1 or more employees
of the eligible recipient, as applicable, during the period
beginning on February 15, 2020 and ending on the date that is
30 days after the date of enactment of this Act.
(B) Circumstances.--A circumstance described in this
subparagraph is a circumstance--
(i) in which--
(I) during the period beginning on February 15,
2020 and ending on the date that is 30 days after the
date of enactment of this Act, there is a reduction, as
compared to February 15, 2020, in the number of full-
time equivalent employees of an eligible recipient; and
(II) not later than June 30, 2020, the eligible
employer has eliminated the reduction in the number of
full-time equivalent employees;
(ii) in which--
(I) during the period beginning on February 15,
2020 and ending on the date that is 30 days after the
date of enactment of this Act, there is a reduction, as
compared to February 15, 2020, in the salary or wages
of 1 or more employees of the eligible recipient; and
(II) not later than June 30, 2020, the eligible
employer has eliminated the reduction in the salary or
wages of such employees; or
(iii) in which the events described in clause (i) and
(ii) occur.
(6) Exemptions.--The Administrator and the Secretary of the
Treasury may prescribe regulations granting de minimis exemptions
from the requirements under this subsection.
(e) Application.--An eligible recipient seeking loan forgiveness
under this section shall submit to the lender that is servicing the
covered loan an application, which shall include--
(1) documentation verifying the number of full-time equivalent
employees on payroll and pay rates for the periods described in
subsection (d), including--
(A) payroll tax filings reported to the Internal Revenue
Service; and
(B) State income, payroll, and unemployment insurance
filings;
(2) documentation, including cancelled checks, payment
receipts, transcripts of accounts, or other documents verifying
payments on covered mortgage obligations, payments on covered lease
obligations, and covered utility payments;
(3) a certification from a representative of the eligible
recipient authorized to make such certifications that--
(A) the documentation presented is true and correct; and
(B) the amount for which forgiveness is requested was used
to retain employees, make interest payments on a covered
mortgage obligation, make payments on a covered rent
obligation, or make covered utility payments; and
(4) any other documentation the Administrator determines
necessary.
(f) Prohibition on Forgiveness Without Documentation.--No eligible
recipient shall receive forgiveness under this section without
submitting to the lender that is servicing the covered loan the
documentation required under subsection (e).
(g) Decision.--Not later than 60 days after the date on which a
lender receives an application for loan forgiveness under this section
from an eligible recipient, the lender shall issue a decision on the an
application.
(h) Hold Harmless.--If a lender has received the documentation
required under this section from an eligible recipient attesting that
the eligible recipient has accurately verified the payments for payroll
costs, payments on covered mortgage obligations, payments on covered
lease obligations, or covered utility payments during covered period--
(1) an enforcement action may not be taken against the lender
under section 47(e) of the Small Business Act (15 U.S.C. 657t(e))
relating to loan forgiveness for the payments for payroll costs,
payments on covered mortgage obligations, payments on covered lease
obligations, or covered utility payments, as the case may be; and
(2) the lender shall not be subject to any penalties by the
Administrator relating to loan forgiveness for the payments for
payroll costs, payments on covered mortgage obligations, payments
on covered lease obligations, or covered utility payments, as the
case may be.
(i) Taxability.--For purposes of the Internal Revenue Code of 1986,
any amount which (but for this subsection) would be includible in gross
income of the eligible recipient by reason of forgiveness described in
subsection (b) shall be excluded from gross income.
(j) Rule of Construction.--The cancellation of indebtedness on a
covered loan under this section shall not otherwise modify the terms
and conditions of the covered loan.
(k) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall issue guidance and
regulations implementing this section.
SEC. 1107. DIRECT APPROPRIATIONS.
(a) In General.--There is appropriated, out of amounts in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, to remain available until September 30, 2021, for
additional amounts--
(1) $349,000,000,000 under the heading ``Small Business
Administration--Business Loans Program Account, CARES Act'' for the
cost of guaranteed loans as authorized under paragraph (36) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added
by section 1102(a) of this Act;
(2) $675,000,000 under the heading ``Small Business
Administration--Salaries and Expenses'' for salaries and expenses
of the Administration;
(3) $25,000,000 under the heading ``Small Business
Administration--Office of Inspector General'', to remain available
until September 30, 2024, for necessary expenses of the Office of
Inspector General of the Administration in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C. App.);
(4) $265,000,000 under the heading ``Small Business
Administration--Entrepreneurial Development Programs'', of which--
(A) $240,000,000 shall be for carrying out section 1103(b)
of this Act; and
(B) $25,000,000 shall be for carrying out section 1103(c)
of this Act;
(5) $10,000,000 under the heading ``Department of Commerce--
Minority Business Development Agency'' for minority business
centers of the Minority Business Development Agency to provide
technical assistance to small business concerns;
(6) $10,000,000,000 under the heading ``Small Business
Administration--Emergency EIDL Grants'' shall be for carrying out
section 1110 of this Act;
(7) $17,000,000,000 under the heading ``Small Business
Administration--Business Loans Program Account, CARES Act'' shall
be for carrying out section 1112 of this Act; and
(8) $25,000,000 under the heading ``Department of the
Treasury--Departmental Offices--Salaries and Expenses'' shall be
for carrying out section 1109 of this Act.
(b) Secondary Market.--During the period beginning on the date of
enactment of this Act and ending on September 30, 2021, guarantees of
trust certificates authorized by section 5(g) of the Small Business Act
(15 U.S.C. 635(g)) shall not exceed a principal amount of
$100,000,000,000.
(c) Reports.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall submit to the Committee on
Appropriations of the Senate and the Committee on Appropriations of the
House of Representatives a detailed expenditure plan for using the
amounts appropriated to the Administration under subsection (a).
SEC. 1108. MINORITY BUSINESS DEVELOPMENT AGENCY.
(a) Definitions.--In this section--
(1) the term ``Agency'' means the Minority Business Development
Agency of the Department of Commerce;
(2) the term ``minority business center'' means a Business
Center of the Agency;
(3) the term ``minority business enterprise'' means a for-
profit business enterprise--
(A) not less than 51 percent of which is owned by 1 or more
socially disadvantaged individuals, as determined by the
Agency; and
(B) the management and daily business operations of which
are controlled by 1 or more socially disadvantaged individuals,
as determined by the Agency; and
(4) the term ``minority chamber of commerce'' means a chamber
of commerce developed specifically to support minority business
enterprises.
(b) Education, Training, and Advising Grants.--
(1) In general.--The Agency may provide financial assistance in
the form of grants to minority business centers and minority
chambers of commerce to provide education, training, and advising
to minority business enterprises.
(2) Use of funds.--Grants under this section shall be used for
the education, training, and advising of minority business
enterprises and their employees on--
(A) accessing and applying for resources provided by the
Agency and other Federal resources relating to access to
capital and business resiliency;
(B) the hazards and prevention of the transmission and
communication of COVID-19 and other communicable diseases;
(C) the potential effects of COVID-19 on the supply chains,
distribution, and sale of products of minority business
enterprises and the mitigation of those effects;
(D) the management and practice of telework to reduce
possible transmission of COVID-19;
(E) the management and practice of remote customer service
by electronic or other means;
(F) the risks of and mitigation of cyber threats in remote
customer service or telework practices;
(G) the mitigation of the effects of reduced travel or
outside activities on minority business enterprises during
COVID-19 or similar occurrences; and
(H) any other relevant business practices necessary to
mitigate the economic effects of COVID-19 or similar
occurrences.
(3) No matching funds required.--Matching funds shall not be
required for any grant under this section.
(4) Goals and metrics.--
(A) In general.--Goals and metrics for the funds made
available under this section shall be jointly developed,
negotiated, and agreed upon, with full participation of both
parties, between the minority business centers, minority
chambers of commerce, and the Agency, which shall--
(i) take into consideration the extent of the
circumstances relating to the spread of COVID-19, or
similar occurrences, that affect minority business
enterprises located in the areas covered by minority
business centers and minority chambers of commerce,
particularly in rural areas or economically distressed
areas;
(ii) generally follow the use of funds outlined in
paragraph (2), but shall not restrict the activities of
minority business centers and minority chambers of commerce
in responding to unique situations; and
(iii) encourage minority business centers and minority
chambers of commerce to develop and provide services to
minority business enterprises.
(B) Public availability.--The Agency shall make publicly
available the methodology by which the Agency, minority
business centers, and minority chambers of commerce jointly
develop the metrics and goals described in subparagraph (A).
(c) Waivers.--
(1) In general.--Notwithstanding any other provision of law or
regulation, the Agency may, during the 3-month period that begins
on the date of enactment of this Act, waive any matching
requirement imposed on a minority business center or a specialty
center of the Agency under a cooperative agreement between such a
center and the Agency if the applicable center is unable to raise
funds, or has suffered a loss of revenue, because of the effects of
COVID-19.
(2) Remaining compliant.--Notwithstanding any provision of a
cooperative agreement between the Agency and a minority business
center, if, during the period beginning on the date of enactment of
this Act and ending on September 30, 2021, such a center decides
not to collect fees because of the economic consequences of COVID-
19, the center shall be considered to be in compliance with that
agreement if--
(A) the center notifies the Agency with respect to that
decision, which the center may provide through electronic mail;
and
(B) the Agency, not later than 15 days after the date on
which the center provides notice to the Agency under
subparagraph (A)--
(i) confirms receipt of the notification under
subparagraph (A); and
(ii) accepts the decision of the center.
(d) Report.--Not later than 6 months after the date of enactment of
this Act, and annually thereafter, the Agency shall submit to the
Committee on Small Business and Entrepreneurship and the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Small Business and the Committee on Energy and Commerce of the House
of Representatives a report that describes--
(1) with respect to the period covered by the initial report--
(A) the programs and services developed and provided by the
Agency, minority business centers, and minority chambers of
commerce under subsection (b); and
(B) the initial efforts to provide those services under
subsection (b); and
(2) with respect to subsequent years covered by the report--
(A) with respect to the grant program under subsection
(b)--
(i) the efforts of the Agency, minority business
centers, and minority chambers of commerce to develop
services to assist minority business enterprises;
(ii) the challenges faced by owners of minority
business enterprises in accessing services provided by the
Agency, minority business centers, and minority chambers of
commerce;
(iii) the number of unique minority business
enterprises that were served by the Agency, minority
business centers, or minority chambers of commerce; and
(iv) other relevant outcome performance data with
respect to minority business enterprises, including the
number of employees affected, the effect on sales, the
disruptions of supply chains, and the efforts made by the
Agency, minority business centers, and minority chambers of
commerce to mitigate these effects .
(e) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section, to remain available
until expended.
SEC. 1109. UNITED STATES TREASURY PROGRAM MANAGEMENT AUTHORITY.
(a) Definitions.--In this section--
(1) the terms ``appropriate Federal banking agency'' and
``insured depository institution'' have the meanings given those
terms in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813);
(2) the term ``insured credit union'' has the meaning given the
term in section 101 of the Federal Credit Union Act (12 U.S.C.
1752); and
(3) the term ``Secretary'' means the Secretary of the Treasury.
(b) Authority to Include Additional Financial Institutions.--The
Department of the Treasury, in consultation with the Administrator, and
the Chairman of the Farm Credit Administration shall establish criteria
for insured depository institutions, insured credit unions,
institutions of the Farm Credit System chartered under the Farm Credit
Act of 1971 (12 U.S.C. 2001 et seq.), and other lenders that do not
already participate in lending under programs of the Administration, to
participate in the paycheck protection program to provide loans under
this section until the date on which the national emergency declared by
the President under the National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to the Coronavirus Disease 2019 (COVID-19) expires.
(c) Safety and Soundness.--An insured depository institution,
insured credit union, institution of the Farm Credit System chartered
under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), or other
lender may only participate in the program established under this
section if participation does not affect the safety and soundness of
the institution or lender, as determined by the Secretary in
consultation with the appropriate Federal banking agencies or the
National Credit Union Administration Board, as applicable.
(d) Regulations for Lenders and Loans.--
(1) In general.--The Secretary may issue regulations and
guidance as necessary to carry out the purposes of this section,
including to--
(A) allow additional lenders to originate loans under this
section; and
(B) establish terms and conditions for loans under this
section, including terms and conditions concerning
compensation, underwriting standards, interest rates, and
maturity.
(2) Requirements.--The terms and conditions established under
paragraph (1) shall provide for the following:
(A) A rate of interest that does not exceed the maximum
permissible rate of interest available on a loan of comparable
maturity under paragraph (36) of section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), as added by section 1102 of
this Act.
(B) Terms and conditions that, to the maximum extent
practicable, are consistent with the terms and conditions
required under the following provisions of paragraph (36) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as
added by section 1102 of this Act:
(i) Subparagraph (D), pertaining to borrower
eligibility.
(ii) Subparagraph (E), pertaining to the maximum loan
amount.
(iii) Subparagraph (F)(i), pertaining to allowable uses
of program loans.
(iv) Subparagraph (H), pertaining to fee waivers.
(v) Subparagraph (M), pertaining to loan deferment.
(C) A guarantee percentage that, to the maximum extent
practicable, is consistent with the guarantee percentage
required under subparagraph (F) of section 7(a)(2) of the Small
Business Act (15 U.S.C. 636(a)(2)), as added by section 1102 of
this Act.
(D) Loan forgiveness under terms and conditions that, to
the maximum extent practicable, is consistent with the terms
and conditions for loan forgiveness under section 1106 of this
Act.
(e) Additional Regulations Generally.--The Secretary may issue
regulations and guidance as necessary to carry out the purposes of this
section, including to allow additional lenders to originate loans under
this title and to establish terms and conditions such as compensation,
underwriting standards, interest rates, and maturity for under this
section.
(f) Certification.--As a condition of receiving a loan under this
section, a borrower shall certify under terms acceptable to the
Secretary that the borrower--
(1) does not have an application pending for a loan under
section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for the
same purpose; and
(2) has not received such a loan during the period beginning on
February 15, 2020 and ending on December 31, 2020.
(g) Opt-in for SBA Qualified Lenders.--Lenders qualified to
participate as a lender under 7(a) of the Small Business Act (15 U.S.C.
636(a)) may elect to participate in the paycheck protection program
under the criteria, terms, and conditions established under this
section. Such participation shall not preclude the lenders from
continuing participation as a lender under section 7(a) of the Small
Business Act (15 U.S.C. 636(a)).
(h) Program Administration.--With guidance from the Secretary, the
Administrator shall administer the program established under this
section, including the making and purchasing of guarantees on loans
under the program, until the date on which the national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19)
expires.
(i) Criminal Penalties.--A loan under this section shall be deemed
to be a loan under the Small Business Act (15 U.S.C. 631 et seq.) for
purposes of section 16 of such Act (15 U.S.C. 645).
SEC. 1110. EMERGENCY EIDL GRANTS.
(a) Definitions.--In this section--
(1) the term ``covered period'' means the period beginning on
January 31, 2020 and ending on December 31, 2020; and
(2) the term ``eligible entity'' means--
(A) a business with not more than 500 employees;
(B) any individual who operates under a sole
proprietorship, with or without employees, or as an independent
contractor;
(C) a cooperative with not more than 500 employees;
(D) an ESOP (as defined in section 3 of the Small Business
Act (15 U.S.C. 632)) with not more than 500 employees; or
(E) a tribal small business concern, as described in
section 31(b)(2)(C) of the Small Business Act (15 U.S.C.
657a(b)(2)(C)), with not more than 500 employees.
(b) Eligible Entities.--During the covered period, in addition to
small business concerns, private nonprofit organizations, and small
agricultural cooperatives, an eligible entity shall be eligible for a
loan made under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)).
(c) Terms; Credit Elsewhere.--With respect to a loan made under
section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) in
response to COVID-19 during the covered period, the Administrator shall
waive--
(1) any rules related the personal guarantee on advances and
loans of not more than $200,000 during the covered period for all
applicants;
(2) the requirement that an applicant needs to be in business
for the 1-year period before the disaster, except that no waiver
may be made for a business that was not in operation on January 31,
2020; and
(3) the requirement in the flush matter following subparagraph
(E) of section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)), as so redesignated by subsection (f) of this section,
that an applicant be unable to obtain credit elsewhere.
(d) Approval and Ability to Repay for Small Dollar Loans.--With
respect to a loan made under section 7(b)(2) of the Small Business Act
(15 U.S.C. 636(b)(2)) in response to COVID-19 during the covered
period, the Administrator may--
(1) approve an applicant based solely on the credit score of
the applicant and shall not require an applicant to submit a tax
return or a tax return transcript for such approval; or
(2) use alternative appropriate methods to determine an
applicant's ability to repay.
(e) Emergency Grant.--
(1) In general.--During the covered period, an entity included
for eligibility in subsection (b), including small business
concerns, private nonprofit organizations, and small agricultural
cooperatives, that applies for a loan under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)) in response to COVID-19
may request that the Administrator provide an advance that is,
subject to paragraph (3), in the amount requested by such applicant
to such applicant within 3 days after the Administrator receives an
application from such applicant.
(2) Verification.--Before disbursing amounts under this
subsection, the Administrator shall verify that the applicant is an
eligible entity by accepting a self-certification from the
applicant under penalty of perjury pursuant to section 1746 of
title 28 United States Code.
(3) Amount.--The amount of an advance provided under this
subsection shall be not more than $10,000.
(4) Use of funds.--An advance provided under this subsection
may be used to address any allowable purpose for a loan made under
section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)),
including--
(A) providing paid sick leave to employees unable to work
due to the direct effect of the COVID-19;
(B) maintaining payroll to retain employees during business
disruptions or substantial slowdowns;
(C) meeting increased costs to obtain materials unavailable
from the applicant's original source due to interrupted supply
chains;
(D) making rent or mortgage payments; and
(E) repaying obligations that cannot be met due to revenue
losses.
(5) Repayment.--An applicant shall not be required to repay any
amounts of an advance provided under this subsection, even if
subsequently denied a loan under section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)).
(6) Unemployment grant.--If an applicant that receives an
advance under this subsection transfers into, or is approved for,
the loan program under section 7(a) of the Small Business Act (15
U.S.C. 636(a)), the advance amount shall be reduced from the loan
forgiveness amount for a loan for payroll costs made under such
section 7(a).
(7) Authorization of appropriations.--There is authorized to be
appropriated to the Administration $10,000,000,000 to carry out
this subsection.
(8) Termination.--The authority to carry out grants under this
subsection shall terminate on December 31, 2020.
(f) Emergencies Involving Federal Primary Responsibility Qualifying
for SBA Assistance.--Section 7(b)(2) of the Small Business Act (15
U.S.C. 636(b)(2)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking ``or'' at the end;
(3) in subparagraph (C), by striking ``or'' at the end;
(4) by redesignating subparagraph (D) as subparagraph (E);
(5) by inserting after subparagraph (C) the following:
``(D) an emergency involving Federal primary responsibility
determined to exist by the President under the section 501(b)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191(b)); or''; and
(6) in subparagraph (E), as so redesignated--
(A) by striking ``or (C)'' and inserting ``(C), or (D)'';
(B) by striking ``disaster declaration'' each place it
appears and inserting ``disaster or emergency declaration'';
(C) by striking ``disaster has occurred'' and inserting
``disaster or emergency has occurred'';
(D) by striking ``such disaster'' and inserting ``such
disaster or emergency''; and
(E) by striking ``disaster stricken'' and inserting
``disaster- or emergency-stricken''; and
(7) in the flush matter following subparagraph (E), as so
redesignated, by striking the period at the end and inserting the
following: ``: Provided further, That for purposes of subparagraph
(D), the Administrator shall deem that such an emergency affects
each State or subdivision thereof (including counties), and that
each State or subdivision has sufficient economic damage to small
business concerns to qualify for assistance under this paragraph
and the Administrator shall accept applications for such assistance
immediately.''.
SEC. 1111. RESOURCES AND SERVICES IN LANGUAGES OTHER THAN ENGLISH.
(a) In General.--The Administrator shall provide the resources and
services made available by the Administration to small business
concerns in the 10 most commonly spoken languages, other than English,
in the United States, which shall include Mandarin, Cantonese,
Japanese, and Korean.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $25,000,000 to carry out this
section.
SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAYMENTS.
(a) Definition of Covered Loan.--In this section, the term
``covered loan'' means a loan that is--
(1) guaranteed by the Administration under--
(A) section 7(a) of the Small Business Act (15 U.S.C.
636(a))--
(i) including a loan made under the Community Advantage
Pilot Program of the Administration; and
(ii) excluding a loan made under paragraph (36) of such
section 7(a), as added by section 1102; or
(B) title V of the Small Business Investment Act of 1958
(15 U.S.C. 695 et seq.); or
(2) made by an intermediary to a small business concern using
loans or grants received under section 7(m) of the Small Business
Act (15 U.S.C. 636(m)).
(b) Sense of Congress.--It is the sense of Congress that--
(1) all borrowers are adversely affected by COVID-19;
(2) relief payments by the Administration are appropriate for
all borrowers; and
(3) in addition to the relief provided under this Act, the
Administration should encourage lenders to provide payment
deferments, when appropriate, and to extend the maturity of covered
loans, so as to avoid balloon payments or any requirement for
increases in debt payments resulting from deferments provided by
lenders during the period of the national emergency declared by the
President under the National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to the Coronavirus Disease 2019 (COVID-19).
(c) Principal and Interest Payments.--
(1) In general.--The Administrator shall pay the principal,
interest, and any associated fees that are owed on a covered loan
in a regular servicing status--
(A) with respect to a covered loan made before the date of
enactment of this Act and not on deferment, for the 6-month
period beginning with the next payment due on the covered loan;
(B) with respect to a covered loan made before the date of
enactment of this Act and on deferment, for the 6-month period
beginning with the next payment due on the covered loan after
the deferment period; and
(C) with respect to a covered loan made during the period
beginning on the date of enactment of this Act and ending on
the date that is 6 months after such date of enactment, for the
6-month period beginning with the first payment due on the
covered loan.
(2) Timing of payment.--The Administrator shall begin making
payments under paragraph (1) on a covered loan not later than 30
days after the date on which the first such payment is due.
(3) Application of payment.--Any payment made by the
Administrator under paragraph (1) shall be applied to the covered
loan such that the borrower is relieved of the obligation to pay
that amount.
(d) Other Requirements.--The Administrator shall--
(1) communicate and coordinate with the Federal Deposit
Insurance Corporation, the Office of the Comptroller of the
Currency, and State bank regulators to encourage those entities to
not require lenders to increase their reserves on account of
receiving payments made by the Administrator under subsection (c);
(2) waive statutory limits on maximum loan maturities for any
covered loan durations where the lender provides a deferral and
extends the maturity of covered loans during the 1-year period
following the date of enactment of this Act; and
(3) when necessary to provide more time because of the
potential of higher volumes, travel restrictions, and the inability
to access some properties during the COVID-19 pandemic, extend
lender site visit requirements to--
(A) not more than 60 days (which may be extended at the
discretion of the Administration) after the occurrence of an
adverse event, other than a payment default, causing a loan to
be classified as in liquidation; and
(B) not more than 90 days after a payment default.
(e) Rule of Construction.--Nothing in this section may be construed
to limit the authority of the Administrator to make payments pursuant
to subsection (c) with respect to a covered loan solely because the
covered loan has been sold in the secondary market.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $17,000,000,000 to carry out this
section.
SEC. 1113. BANKRUPTCY.
(a) Small Business Debtor Reorganization.--
(1) In general.--Section 1182(1) of title 11, United States
Code, is amended to read as follows:
``(1) Debtor.--The term `debtor'--
``(A) subject to subparagraph (B), means a person engaged
in commercial or business activities (including any affiliate
of such person that is also a debtor under this title and
excluding a person whose primary activity is the business of
owning single asset real estate) that has aggregate
noncontingent liquidated secured and unsecured debts as of the
date of the filing of the petition or the date of the order for
relief in an amount not more than $7,500,000 (excluding debts
owed to 1 or more affiliates or insiders) not less than 50
percent of which arose from the commercial or business
activities of the debtor; and
``(B) does not include--
``(i) any member of a group of affiliated debtors that
has aggregate noncontingent liquidated secured and
unsecured debts in an amount greater than $7,500,000
(excluding debt owed to 1 or more affiliates or insiders);
``(ii) any debtor that is a corporation subject to the
reporting requirements under section 13 or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); or
``(iii) any debtor that is an affiliate of an issuer,
as defined in section 3 of the Securities Exchange Act of
1934 (15 U.S.C. 78c).''.
(2) Applicability of chapters.--Section 103(i) of title 11,
United States Code, is amended by striking ``small business
debtor'' and inserting ``debtor (as defined in section 1182)''.
(3) Application of amendment.--The amendment made by paragraph
(1) shall apply only with respect to cases commenced under title
11, United States Code, on or after the date of enactment of this
Act.
(4) Technical corrections.--
(A) Definition of small business debtor.--Section
101(51D)(B)(iii) of title 11, United States Code, is amended to
read as follows:
``(iii) any debtor that is an affiliate of an issuer
(as defined in section 3 of the Securities Exchange Act of
1934 (15 U.S.C. 78c)).''.
(B) Unclaimed property.--Section 347(b) of title 11, United
States Code, is amended by striking ``1194'' and inserting
``1191''.
(5) Sunset.--On the date that is 1 year after the date of
enactment of this Act, section 1182(1) of title 11, United States
Code, is amended to read as follows:
``(1) Debtor.--The term `debtor' means a small business
debtor.''.
(b) Bankruptcy Relief.--
(1) In general.--
(A) Exclusion from current monthly income.--Section
101(10A)(B)(ii) of title 11, United States Code, is amended--
(i) in subclause (III), by striking ``; and'' and
inserting a semicolon;
(ii) in subclause (IV), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(V) Payments made under Federal law relating to
the national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.)
with respect to the coronavirus disease 2019 (COVID-
19).''.
(B) Confirmation of plan.--Section 1325(b)(2) of title 11,
United States Code, is amended by inserting ``payments made
under Federal law relating to the national emergency declared
by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to the coronavirus disease 2019
(COVID-19),'' after ``other than''.
(C) Modification of plan after confirmation.--Section 1329
of title 11, United States Code, is amended by adding at end
the following:
``(d)(1) Subject to paragraph (3), for a plan confirmed prior to
the date of enactment of this subsection, the plan may be modified upon
the request of the debtor if--
``(A) the debtor is experiencing or has experienced a material
financial hardship due, directly or indirectly, to the coronavirus
disease 2019 (COVID-19) pandemic; and
``(B) the modification is approved after notice and a hearing.
``(2) A plan modified under paragraph (1) may not provide for
payments over a period that expires more than 7 years after the time
that the first payment under the original confirmed plan was due.
``(3) Sections 1322(a), 1322(b), 1323(c), and the requirements of
section 1325(a) shall apply to any modification under paragraph (1).''.
(D) Applicability.--
(i) The amendments made by subparagraphs (A) and (B)
shall apply to any case commenced before, on, or after the
date of enactment of this Act.
(ii) The amendment made by subparagraph (C) shall apply
to any case for which a plan has been confirmed under
section 1325 of title 11, United States Code, before the
date of enactment of this Act.
(2) Sunset.--
(A) In general.--
(i) Exclusion from current monthly income.--Section
101(10A)(B)(ii) of title 11, United States Code, is
amended--
(I) in subclause (III), by striking the semicolon
at the end and inserting ``; and'';
(II) in subclause (IV), by striking ``; and'' and
inserting a period; and
(III) by striking subclause (V).
(ii) Confirmation of plan.--Section 1325(b)(2) of title
11, United States Code, is amended by striking ``payments
made under Federal law relating to the national emergency
declared by the President under the National Emergencies
Act (50 U.S.C. 1601 et seq.) with respect to the
coronavirus disease 2019 (COVID-19),''.
(iii) Modification of plan after confirmation.--Section
1329 of title 11, United States Code, is amended by
striking subsection (d).
(B) Effective date.--The amendments made by subparagraph
(A) shall take effect on the date that is 1 year after the date
of enactment of this Act.
SEC. 1114. EMERGENCY RULEMAKING AUTHORITY.
Not later than 15 days after the date of enactment of this Act, the
Administrator shall issue regulations to carry out this title and the
amendments made by this title without regard to the notice requirements
under section 553(b) of title 5, United States Code.
TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES
Subtitle A--Unemployment Insurance Provisions
SEC. 2101. SHORT TITLE.
This subtitle may be cited as the ``Relief for Workers Affected by
Coronavirus Act''.
SEC. 2102. PANDEMIC UNEMPLOYMENT ASSISTANCE.
(a) Definitions.--In this section:
(1) COVID-19.--The term ``COVID-19'' means the 2019 Novel
Coronavirus or 2019-nCoV.
(2) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services on January
27, 2020, with respect to the 2019 Novel Coronavirus.
(3) Covered individual.--The term ``covered individual''--
(A) means an individual who--
(i) is not eligible for regular compensation or
extended benefits under State or Federal law or pandemic
emergency unemployment compensation under section 2107,
including an individual who has exhausted all rights to
regular unemployment or extended benefits under State or
Federal law or pandemic emergency unemployment compensation
under section 2107; and
(ii) provides self-certification that the individual--
(I) is otherwise able to work and available for
work within the meaning of applicable State law, except
the individual is unemployed, partially unemployed, or
unable or unavailable to work because--
(aa) the individual has been diagnosed with
COVID-19 or is experiencing symptoms of COVID-19
and seeking a medical diagnosis;
(bb) a member of the individual's household has
been diagnosed with COVID-19;
(cc) the individual is providing care for a
family member or a member of the individual's
household who has been diagnosed with COVID-19;
(dd) a child or other person in the household
for which the individual has primary caregiving
responsibility is unable to attend school or
another facility that is closed as a direct result
of the COVID-19 public health emergency and such
school or facility care is required for the
individual to work;
(ee) the individual is unable to reach the
place of employment because of a quarantine imposed
as a direct result of the COVID-19 public health
emergency;
(ff) the individual is unable to reach the
place of employment because the individual has been
advised by a health care provider to self-
quarantine due to concerns related to COVID-19;
(gg) the individual was scheduled to commence
employment and does not have a job or is unable to
reach the job as a direct result of the COVID-19
public health emergency;
(hh) the individual has become the breadwinner
or major support for a household because the head
of the household has died as a direct result of
COVID-19;
(ii) the individual has to quit his or her job
as a direct result of COVID-19;
(jj) the individual's place of employment is
closed as a direct result of the COVID-19 public
health emergency; or
(kk) the individual meets any additional
criteria established by the Secretary for
unemployment assistance under this section; or
(II) is self-employed, is seeking part-time
employment, does not have sufficient work history, or
otherwise would not qualify for regular unemployment or
extended benefits under State or Federal law or
pandemic emergency unemployment compensation under
section 2107 and meets the requirements of subclause
(I); and
(B) does not include--
(i) an individual who has the ability to telework with
pay; or
(ii) an individual who is receiving paid sick leave or
other paid leave benefits, regardless of whether the
individual meets a qualification described in items (aa)
through (kk) of subparagraph (A)(i)(I).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Labor.
(5) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau.
(b) Assistance for Unemployment as a Result of COVID-19.--Subject
to subsection (c), the Secretary shall provide to any covered
individual unemployment benefit assistance while such individual is
unemployed, partially unemployed, or unable to work for the weeks of
such unemployment with respect to which the individual is not entitled
to any other unemployment compensation (as that term is defined in
section 85(b) of title 26, United States Code) or waiting period
credit.
(c) Applicability.--
(1) In general.--Except as provided in paragraph (2), the
assistance authorized under subsection (b) shall be available to a
covered individual--
(A) for weeks of unemployment, partial unemployment, or
inability to work caused by COVID-19--
(i) beginning on or after January 27, 2020; and
(ii) ending on or before December 31, 2020; and
(B) subject to subparagraph (A)(ii), as long as the covered
individual's unemployment, partial unemployment, or inability
to work caused by COVID-19 continues.
(2) Limitation on duration of assistance.--The total number of
weeks for which a covered individual may receive assistance under
this section shall not exceed 39 weeks and such total shall include
any week for which the covered individual received regular
compensation or extended benefits under any Federal or State law,
except that if after the date of enactment of this Act, the
duration of extended benefits is extended, the 39-week period
described in this paragraph shall be extended by the number of
weeks that is equal to the number of weeks by which the extended
benefits were extended.
(3) Assistance for unemployment before date of enactment.--The
Secretary shall establish a process for making assistance under
this section available for weeks beginning on or after January 27,
2020, and before the date of enactment of this Act.
(d) Amount of Assistance.--
(1) In general.--The assistance authorized under subsection (b)
for a week of unemployment, partial unemployment, or inability to
work shall be--
(A)(i) the weekly benefit amount authorized under the
unemployment compensation law of the State where the covered
individual was employed, except that the amount may not be less
than the minimum weekly benefit amount described in section
625.6 of title 20, Code of Federal Regulations, or any
successor thereto; and
(ii) the amount of Federal Pandemic Unemployment
Compensation under section 2104; and
(B) in the case of an increase of the weekly benefit amount
after the date of enactment of this Act, increased in an amount
equal to such increase.
(2) Calculations of amounts for certain covered individuals.--
In the case of a covered individual who is self-employed, who lives
in a territory described in subsection (c) or (d) of section 625.6
of title 20, Code of Federal Regulations, or who would not
otherwise qualify for unemployment compensation under State law,
the assistance authorized under subsection (b) for a week of
unemployment shall be calculated in accordance with section 625.6
of title 20, Code of Federal Regulations, or any successor thereto,
and shall be increased by the amount of Federal Pandemic
Unemployment Compensation under section 2104.
(3) Allowable methods of payment.--Any assistance provided for
in accordance with paragraph (1)(A)(ii) shall be payable either--
(A) as an amount which is paid at the same time and in the
same manner as the assistance provided for in paragraph
(1)(A)(i) is payable for the week involved; or
(B) at the option of the State, by payments which are made
separately from, but on the same weekly basis as, any
assistance provided for in paragraph (1)(A)(i).
(e) Waiver of State Requirement.--Notwithstanding State law, for
purposes of assistance authorized under this section, compensation
under this Act shall be made to an individual otherwise eligible for
such compensation without any waiting period.
(f) Agreements With States.--
(1) In general.--The Secretary shall provide the assistance
authorized under subsection (b) through agreements with States
which, in the judgment of the Secretary, have an adequate system
for administering such assistance through existing State agencies.
(2) Payments to states.--There shall be paid to each State
which has entered into an agreement under this subsection an amount
equal to 100 percent of--
(A) the total amount of assistance provided by the State
pursuant to such agreement; and
(B) any additional administrative expenses incurred by the
State by reason of such agreement (as determined by the
Secretary), including any administrative expenses necessary to
facilitate processing of applications for assistance under this
section online or by telephone rather than in-person.
(3) Terms of payments.--Sums payable to any State by reason of
such State's having an agreement under this subsection shall be
payable, either in advance or by way of reimbursement (as
determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this
subsection for each calendar month, reduced or increased, as the
case may be, by any amount by which the Secretary finds that his
estimates for any prior calendar month were greater or less than
the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical, sampling,
or other method as may be agreed upon by the Secretary and the
State agency of the State involved.
(g) Funding.--
(1) Assistance.--
(A) In general.--Funds in the extended unemployment
compensation account (as established by section 905(a) of the
Social Security Act (42 U.S.C. 1105(a)) of the Unemployment
Trust Fund (as established by section 904(a) of such Act (42
U.S.C. 1104(a)) shall be used to make payments to States
pursuant to subsection (f)(2)(A).
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the extended unemployment compensation account
such sums as the Secretary of Labor estimates to be necessary
to make payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, the sums referred to in the preceding
sentence and such sums shall not be required to be repaid.
(2) Administrative expenses.--
(A) In general.--Funds in the employment security
administration account (as established by section 901(a) of the
Social Security Act (42 U.S.C. 1105(a)) of the Unemployment
Trust Fund (as established by section 904(a) of such Act (42
U.S.C. 1104(a)) shall be used to make payments to States
pursuant to subsection (f)(2)(B).
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the employment security administration account
such sums as the Secretary of Labor estimates to be necessary
to make payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, the sums referred to in the preceding
sentence and such sums shall not be required to be repaid.
(3) Certifications.--The Secretary of Labor shall from time to
time certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under paragraphs (1) and (2).
(h) Relationship Between Pandemic Unemployment Assistance and
Disaster Unemployment Assistance.--Except as otherwise provided in this
section or to the extent there is a conflict between this section and
section 625 of title 20, Code of Federal Regulations, such section 625
shall apply to this section as if--
(1) the term ``COVID-19 public health emergency'' were
substituted for the term ``major disaster'' each place it appears
in such section 625; and
(2) the term ``pandemic'' were substituted for the term
``disaster'' each place it appears in such section 625.
SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF FOR GOVERNMENTAL ENTITIES AND
NONPROFIT ORGANIZATIONS.
(a) Flexibility in Paying Reimbursement.--The Secretary of Labor
may issue clarifying guidance to allow States to interpret their State
unemployment compensation laws in a manner that would provide maximum
flexibility to reimbursing employers as it relates to timely payment
and assessment of penalties and interest pursuant to such State laws.
(b) Federal Funding.--Section 903 of the Social Security Act (42
U.S.C. 1103) is amended by adding at the end the following:
``Transfers for Federal Reimbursement of State Unemployment Funds
``(i)(1)(A) In addition to any other amounts, the Secretary of
Labor shall provide for the transfer of funds during the applicable
period to the accounts of the States in the Unemployment Trust Fund, by
transfer from amounts reserved for that purpose in the Federal
unemployment account, in accordance with the succeeding provisions of
this subsection.
``(B) The amount of funds transferred to the account of a State
under subparagraph (A) during the applicable period shall, as
determined by the Secretary of Labor, be equal to one-half of the
amounts of compensation (as defined in section 3306(h) of the Internal
Revenue Code of 1986) attributable under the State law to service to
which section 3309(a)(1) of such Code applies that were paid by the
State for weeks of unemployment beginning and ending during such
period. Such transfers shall be made at such times as the Secretary of
Labor considers appropriate.
``(C) Notwithstanding any other law, funds transferred to the
account of a State under subparagraph (A) shall be used exclusively to
reimburse governmental entities and other organizations described in
section 3309(a)(2) of such Code for amounts paid (in lieu of
contributions) into the State unemployment fund pursuant to such
section.
``(D) For purposes of this paragraph, the term `applicable period'
means the period beginning on March 13, 2020, and ending on December
31, 2020.
``(2)(A) Notwithstanding any other provision of law, the Secretary
of the Treasury shall transfer from the general fund of the Treasury
(from funds not otherwise appropriated) to the Federal unemployment
account such sums as the Secretary of Labor estimates to be necessary
for purposes of making the transfers described in paragraph (1).
``(B) There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in subparagraph
(A) and such sums shall not be required to be repaid.''.
SEC. 2104. EMERGENCY INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS.
(a) Federal-State Agreements.--Any State which desires to do so may
enter into and participate in an agreement under this section with the
Secretary of Labor (in this section referred to as the ``Secretary'').
Any State which is a party to an agreement under this section may, upon
providing 30 days' written notice to the Secretary, terminate such
agreement.
(b) Provisions of Agreement.--
(1) Federal pandemic unemployment compensation.--Any agreement
under this section shall provide that the State agency of the State
will make payments of regular compensation to individuals in
amounts and to the extent that they would be determined if the
State law of the State were applied, with respect to any week for
which the individual is (disregarding this section) otherwise
entitled under the State law to receive regular compensation, as if
such State law had been modified in a manner such that the amount
of regular compensation (including dependents' allowances) payable
for any week shall be equal to--
(A) the amount determined under the State law (before the
application of this paragraph), plus
(B) an additional amount of $600 (in this section referred
to as ``Federal Pandemic Unemployment Compensation'').
(2) Allowable methods of payment.--Any Federal Pandemic
Unemployment Compensation provided for in accordance with paragraph
(1) shall be payable either--
(A) as an amount which is paid at the same time and in the
same manner as any regular compensation otherwise payable for
the week involved; or
(B) at the option of the State, by payments which are made
separately from, but on the same weekly basis as, any regular
compensation otherwise payable.
(c) Nonreduction Rule.--
(1) In general.--An agreement under this section shall not
apply (or shall cease to apply) with respect to a State upon a
determination by the Secretary that the method governing the
computation of regular compensation under the State law of that
State has been modified in a manner such that the number of weeks
(the maximum benefit entitlement), or the average weekly benefit
amount, of regular compensation which will be payable during the
period of the agreement (determined disregarding any Federal
Pandemic Unemployment Compensation) will be less than the number of
weeks, or the average weekly benefit amount, of the average weekly
benefit amount of regular compensation which would otherwise have
been payable during such period under the State law, as in effect
on January 1, 2020.
(2) Maximum benefit entitlement.--In paragraph (1), the term
``maximum benefit entitlement'' means the amount of regular
unemployment compensation payable to an individual with respect to
the individual's benefit year.
(d) Payments to States.--
(1) In general.--
(A) Full reimbursement.--There shall be paid to each State
which has entered into an agreement under this section an
amount equal to 100 percent of--
(i) the total amount of Federal Pandemic Unemployment
Compensation paid to individuals by the State pursuant to
such agreement; and
(ii) any additional administrative expenses incurred by
the State by reason of such agreement (as determined by the
Secretary).
(B) Terms of payments.--Sums payable to any State by reason
of such State's having an agreement under this section shall be
payable, either in advance or by way of reimbursement (as
determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this
section for each calendar month, reduced or increased, as the
case may be, by any amount by which the Secretary finds that
his estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each State
the sums payable to such State under this section.
(3) Appropriation.--There are appropriated from the general
fund of the Treasury, without fiscal year limitation, such sums as
may be necessary for purposes of this subsection.
(e) Applicability.--An agreement entered into under this section
shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is entered
into; and
(2) ending on or before July 31, 2020.
(f) Fraud and Overpayments.--
(1) In general.--If an individual knowingly has made, or caused
to be made by another, a false statement or representation of a
material fact, or knowingly has failed, or caused another to fail,
to disclose a material fact, and as a result of such false
statement or representation or of such nondisclosure such
individual has received an amount of Federal Pandemic Unemployment
Compensation to which such individual was not entitled, such
individual--
(A) shall be ineligible for further Federal Pandemic
Unemployment Compensation in accordance with the provisions of
the applicable State unemployment compensation law relating to
fraud in connection with a claim for unemployment compensation;
and
(B) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(2) Repayment.--In the case of individuals who have received
amounts of Federal Pandemic Unemployment Compensation to which they
were not entitled, the State shall require such individuals to
repay the amounts of such Federal Pandemic Unemployment
Compensation to the State agency, except that the State agency may
waive such repayment if it determines that--
(A) the payment of such Federal Pandemic Unemployment
Compensation was without fault on the part of any such
individual; and
(B) such repayment would be contrary to equity and good
conscience.
(3) Recovery by state agency.--
(A) In general.--The State agency shall recover the amount
to be repaid, or any part thereof, by deductions from any
Federal Pandemic Unemployment Compensation payable to such
individual or from any unemployment compensation payable to
such individual under any State or Federal unemployment
compensation law administered by the State agency or under any
other State or Federal law administered by the State agency
which provides for the payment of any assistance or allowance
with respect to any week of unemployment, during the 3-year
period after the date such individuals received the payment of
the Federal Pandemic Unemployment Compensation to which they
were not entitled, in accordance with the same procedures as
apply to the recovery of overpayments of regular unemployment
benefits paid by the State.
(B) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(4) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to the
same extent as determinations under the State unemployment
compensation law, and only in that manner and to that extent.
(g) Application to Other Unemployment Benefits.--Each agreement
under this section shall include provisions to provide that the
purposes of the preceding provisions of this section shall be applied
with respect to unemployment benefits described in subsection (i)(2) to
the same extent and in the same manner as if those benefits were
regular compensation.
(h) Disregard of Additional Compensation for Purposes of Medicaid
and CHIP.--The monthly equivalent of any Federal pandemic unemployment
compensation paid to an individual under this section shall be
disregarded when determining income for any purpose under the programs
established under titles XIX and title XXI of the Social Security Act
(42 U.S.C. 1396 et seq., 1397aa et seq.) .
(i) Definitions.--For purposes of this section--
(1) the terms ``compensation'', ``regular compensation'',
``benefit year'', ``State'', ``State agency'', ``State law'', and
``week'' have the respective meanings given such terms under
section 205 of the Federal-State Extended Unemployment Compensation
Act of 1970 (26 U.S.C. 3304 note); and
(2) any reference to unemployment benefits described in this
paragraph shall be considered to refer to--
(A) extended compensation (as defined by section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970);
(B) regular compensation (as defined by section 85(b) of
the Internal Revenue Code of 1986) provided under any program
administered by a State under an agreement with the Secretary;
(C) pandemic unemployment assistance under section 2102;
and
(D) pandemic emergency unemployment compensation under
section 2107.
SEC. 2105. TEMPORARY FULL FEDERAL FUNDING OF THE FIRST WEEK OF
COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES WITH NO WAITING WEEK.
(a) Federal-State Agreements.--Any State which desires to do so may
enter into and participate in an agreement under this section with the
Secretary of Labor (in this section referred to as the ``Secretary'').
Any State which is a party to an agreement under this section may, upon
providing 30 days' written notice to the Secretary, terminate such
agreement.
(b) Requirement That State Law Does Not Apply a Waiting Week.--A
State is eligible to enter into an agreement under this section if the
State law (including a waiver of State law) provides that compensation
is paid to individuals for their first week of regular unemployment
without a waiting week. An agreement under this section shall not apply
(or shall cease to apply) with respect to a State upon a determination
by the Secretary that the State law no longer meets the requirement
under the preceding sentence.
(c) Payments to States.--
(1) Full reimbursement.--There shall be paid to each State
which has entered into an agreement under this section an amount
equal to 100 percent of--
(A) the total amount of regular compensation paid to
individuals by the State for their first week of regular
unemployment; and
(B) any additional administrative expenses incurred by the
State by reason of such agreement (as determined by the
Secretary).
(2) Terms of payments.--Sums payable to any State by reason of
such State's having an agreement under this section shall be
payable, either in advance or by way of reimbursement (as
determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this section
for each calendar month, reduced or increased, as the case may be,
by any amount by which the Secretary finds that his estimates for
any prior calendar month were greater or less than the amounts
which should have been paid to the State. Such estimates may be
made on the basis of such statistical, sampling, or other method as
may be agreed upon by the Secretary and the State agency of the
State involved.
(d) Funding.--
(1) Compensation.--
(A) In general.--Funds in the Federal unemployment account
(as established by section 905(g)) of the Unemployment Trust
Fund (as established by section 904(a)) shall be used to make
payments under subsection (c)(1)(A).
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the Federal unemployment account such sums as
the Secretary of Labor estimates to be necessary to make
payments described in subparagraph (A). There are appropriated
from the general fund of the Treasury, without fiscal year
limitation, the sums referred to in the preceding sentence and
such sums shall not be required to be repaid.
(2) Administrative expenses.--
(A) In general.--Funds in the employment security
administration account (as established by section 901(a) of the
Social Security Act (42 U.S.C. 1105(a)) of the Unemployment
Trust Fund (as established by section 904(a) of such Act (42
U.S.C. 1104(a)) shall be used to make payments to States
pursuant to subsection (c)(1)(B).
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the employment security administration account
such sums as the Secretary of Labor estimates to be necessary
to make payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, the sums referred to in the preceding
sentence and such sums shall not be required to be repaid.
(3) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each State
the sums payable to such State under this section.
(e) Applicability.--An agreement entered into under this section
shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is entered
into; and
(2) ending on or before December 31, 2020.
(f) Fraud and Overpayments.--The provisions of section 2107(e)
shall apply with respect to compensation paid under an agreement under
this section to the same extent and in the same manner as in the case
of pandemic emergency unemployment compensation under such section.
(g) Definitions.--For purposes of this section, the terms ``regular
compensation'', ``State'', ``State agency'', ``State law'', and
``week'' have the respective meanings given such terms under section
205 of the Federal-State Extended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY.
Section 4102(b) of the Emergency Unemployment Stabilization and
Access Act of 2020 (contained in division D of the Families First
Coronavirus Response Act) is amended--
(1) by striking ``or employer experience rating'' and inserting
``employer experience rating, or, subject to the succeeding
sentence, personnel standards on a merit basis''; and
(2) by adding at the end the following new sentence: ``The
emergency flexibility for personnel standards on a merit basis
shall only apply through December 31, 2020, and is limited to
engaging of temporary staff, rehiring of retirees or former
employees on a non-competitive basis, and other temporary actions
to quickly process applications and claims.''.
SEC. 2107. PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) Federal-State Agreements.--
(1) In general.--Any State which desires to do so may enter
into and participate in an agreement under this section with the
Secretary of Labor (in this section referred to as the
``Secretary''). Any State which is a party to an agreement under
this section may, upon providing 30 days' written notice to the
Secretary, terminate such agreement.
(2) Provisions of agreement.--Any agreement under paragraph (1)
shall provide that the State agency of the State will make payments
of pandemic emergency unemployment compensation to individuals
who--
(A) have exhausted all rights to regular compensation under
the State law or under Federal law with respect to a benefit
year (excluding any benefit year that ended before July1,
2019);
(B) have no rights to regular compensation with respect to
a week under such law or any other State unemployment
compensation law or to compensation under any other Federal
law;
(C) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada; and
(D) are able to work, available to work, and actively
seeking work.
(3) Exhaustion of benefits.--For purposes of paragraph (2)(A),
an individual shall be deemed to have exhausted such individual's
rights to regular compensation under a State law when--
(A) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(B) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(4) Weekly benefit amount, etc.--For purposes of any agreement
under this section--
(A) the amount of pandemic emergency unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to--
(i) the amount of the regular compensation (including
dependents' allowances) payable to such individual during
such individual's benefit year under the State law for a
week of total unemployment; and
(ii) the amount of Federal Pandemic Unemployment
Compensation under section 2104;
(B) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
(including terms and conditions relating to availability for
work, active search for work, and refusal to accept work) shall
apply to claims for pandemic emergency unemployment
compensation and the payment thereof, except where otherwise
inconsistent with the provisions of this section or with the
regulations or operating instructions of the Secretary
promulgated to carry out this section;
(C) the maximum amount of pandemic emergency unemployment
compensation payable to any individual for whom an pandemic
emergency unemployment compensation account is established
under subsection (b) shall not exceed the amount established in
such account for such individual; and
(D) the allowable methods of payment under section
2104(b)(2) shall apply to payments of amounts described in
subparagraph (A)(ii).
(5) Coordination rule.--An agreement under this section shall
apply with respect to a State only upon a determination by the
Secretary that, under the State law or other applicable rules of
such State, the payment of extended compensation for which an
individual is otherwise eligible must be deferred until after the
payment of any pandemic emergency unemployment compensation under
subsection (b) for which the individual is concurrently eligible.
(6) Nonreduction rule.--
(A) In general.--An agreement under this section shall not
apply (or shall cease to apply) with respect to a State upon a
determination by the Secretary that the method governing the
computation of regular compensation under the State law of that
State has been modified in a manner such that the number of
weeks (the maximum benefit entitlement), or the average weekly
benefit amount, of regular compensation which will be payable
during the period of the agreement will be less than the number
of weeks, or the average weekly benefit amount, of the average
weekly benefit amount of regular compensation which would
otherwise have been payable during such period under the State
law, as in effect on January 1, 2020.
(B) Maximum benefit entitlement.--In subparagraph (A), the
term ``maximum benefit entitlement'' means the amount of
regular unemployment compensation payable to an individual with
respect to the individual's benefit year.
(7) Actively seeking work.--
(A) In general.--Subject to subparagraph (C), for purposes
of paragraph (2)(D), the term ``actively seeking work'' means,
with respect to any individual, that such individual--
(i) is registered for employment services in such a
manner and to such extent as prescribed by the State
agency;
(ii) has engaged in an active search for employment
that is appropriate in light of the employment available in
the labor market, the individual's skills and capabilities,
and includes a number of employer contacts that is
consistent with the standards communicated to the
individual by the State;
(iii) has maintained a record of such work search,
including employers contacted, method of contact, and date
contacted; and
(iv) when requested, has provided such work search
record to the State agency.
(B) Flexibility.--Notwithstanding the requirements under
subparagraph (A) and paragraph (2)(D), a State shall provide
flexibility in meeting such requirements in case of individuals
unable to search for work because of COVID-19, including
because of illness, quarantine, or movement restriction.
(b) Pandemic Emergency Unemployment Compensation Account.--
(1) In general.--Any agreement under this section shall provide
that the State will establish, for each eligible individual who
files an application for pandemic emergency unemployment
compensation, an pandemic emergency unemployment compensation
account with respect to such individual's benefit year.
(2) Amount in account.--The amount established in an account
under subsection (a) shall be equal to 13 times the individual's
average weekly benefit amount, which includes the amount of Federal
Pandemic Unemployment Compensation under section 2104, for the
benefit year.
(3) Weekly benefit amount.--For purposes of this subsection, an
individual's weekly benefit amount for any week is the amount of
regular compensation (including dependents' allowances) under the
State law payable to such individual for such week for total
unemployment plus the amount of Federal Pandemic Unemployment
Compensation under section 2104.
(c) Payments to States Having Agreements for the Payment of
Pandemic Emergency Unemployment Compensation.--
(1) In general.--There shall be paid to each State that has
entered into an agreement under this section an amount equal to 100
percent of the pandemic emergency unemployment compensation paid to
individuals by the State pursuant to such agreement.
(2) Treatment of reimbursable compensation.--No payment shall
be made to any State under this section in respect of any
compensation to the extent the State is entitled to reimbursement
in respect of such compensation under the provisions of any Federal
law other than this section or chapter 85 of title 5, United States
Code. A State shall not be entitled to any reimbursement under such
chapter 85 in respect of any compensation to the extent the State
is entitled to reimbursement under this section in respect of such
compensation.
(3) Determination of amount.--Sums payable to any State by
reason of such State having an agreement under this section shall
be payable, either in advance or by way of reimbursement (as may be
determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this section
for each calendar month, reduced or increased, as the case may be,
by any amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less than
the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical, sampling,
or other method as may be agreed upon by the Secretary and the
State agency of the State involved.
(d) Financing Provisions.--
(1) Compensation.--
(A) In general.--Funds in the extended unemployment
compensation account (as established by section 905(a) of the
Social Security Act (42 U.S.C. 1105(a)) of the Unemployment
Trust Fund (as established by section 904(a) of such Act (42
U.S.C. 1104(a)) shall be used for the making of payments to
States having agreements entered into under this section.
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the extended unemployment compensation account
such sums as the Secretary of Labor estimates to be necessary
to make payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, the sums referred to in the preceding
sentence and such sums shall not be required to be repaid.
(2) Administration.--
(A) In general.--There are appropriated out of the
employment security administration account (as established by
section 901(a) of the Social Security Act (42 U.S.C. 1101(a))
of the Unemployment Trust Fund, without fiscal year limitation,
such funds as may be necessary for purposes of assisting States
(as provided in title III of the Social Security Act (42 U.S.C.
501 et seq.)) in meeting the costs of administration of
agreements under this section.
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the employment security administration account
such sums as the Secretary of Labor estimates to be necessary
to make payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, the sums referred to in the preceding
sentence and such sums shall not be required to be repaid.
(3) Certification.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each State
the sums payable to such State under this subsection. The Secretary
of the Treasury, prior to audit or settlement by the Government
Accountability Office, shall make payments to the State in
accordance with such certification, by transfers from the extended
unemployment compensation account (as so established) to the
account of such State in the Unemployment Trust Fund (as so
established).
(e) Fraud and Overpayments.--
(1) In general.--If an individual knowingly has made, or caused
to be made by another, a false statement or representation of a
material fact, or knowingly has failed, or caused another to fail,
to disclose a material fact, and as a result of such false
statement or representation or of such nondisclosure such
individual has received an amount of pandemic emergency
unemployment compensation under this section to which such
individual was not entitled, such individual--
(A) shall be ineligible for further pandemic emergency
unemployment compensation under this section in accordance with
the provisions of the applicable State unemployment
compensation law relating to fraud in connection with a claim
for unemployment compensation; and
(B) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(2) Repayment.--In the case of individuals who have received
amounts of pandemic emergency unemployment compensation under this
section to which they were not entitled, the State shall require
such individuals to repay the amounts of such pandemic emergency
unemployment compensation to the State agency, except that the
State agency may waive such repayment if it determines that--
(A) the payment of such pandemic emergency unemployment
compensation was without fault on the part of any such
individual; and
(B) such repayment would be contrary to equity and good
conscience.
(3) Recovery by state agency.--
(A) In general.--The State agency shall recover the amount
to be repaid, or any part thereof, by deductions from any
pandemic emergency unemployment compensation payable to such
individual under this section or from any unemployment
compensation payable to such individual under any State or
Federal unemployment compensation law administered by the State
agency or under any other State or Federal law administered by
the State agency which provides for the payment of any
assistance or allowance with respect to any week of
unemployment, during the 3-year period after the date such
individuals received the payment of the pandemic emergency
unemployment compensation to which they were not entitled, in
accordance with the same procedures as apply to the recovery of
overpayments of regular unemployment benefits paid by the
State.
(B) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(4) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to the
same extent as determinations under the State unemployment
compensation law, and only in that manner and to that extent.
(f) Definitions.--In this section, the terms ``compensation'',
``regular compensation'', ``extended compensation'', ``benefit year'',
``base period'', ``State'', ``State agency'', ``State law'', and
``week'' have the respective meanings given such terms under section
205 of the Federal-State Extended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
(g) Applicability.--An agreement entered into under this section
shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is entered
into; and
(2) ending on or before December 31, 2020.
SEC. 2108. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION PAYMENTS IN
STATES WITH PROGRAMS IN LAW.
(a) Payments to States.--
(1) In general.--Subject to paragraph (3), there shall be paid
to a State an amount equal to 100 percent of the amount of short-
time compensation paid under a short-time compensation program (as
defined in section 3306(v) of the Internal Revenue Code of 1986)
under the provisions of the State law.
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in such
amounts as the Secretary estimates the State will be entitled to
receive under this section for each calendar month, reduced or
increased, as the case may be, by any amount by which the Secretary
finds that the Secretary's estimates for any prior calendar month
were greater or less than the amounts which should have been paid
to the State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
(3) Limitations on payments.--
(A) General payment limitations.--No payments shall be made
to a State under this section for short-time compensation paid
to an individual by the State during a benefit year in excess
of 26 times the amount of regular compensation (including
dependents' allowances) under the State law payable to such
individual for a week of total unemployment.
(B) Employer limitations.--No payments shall be made to a
State under this section for benefits paid to an individual by
the State under a short-time compensation program if such
individual is employed by the participating employer on a
seasonal, temporary, or intermittent basis.
(b) Applicability.--Payments to a State under subsection (a) shall
be available for weeks of unemployment--
(1) beginning on or after the date of the enactment of this
Act; and
(2) ending on or before December 31, 2020.
(c) New Programs.--Subject to subsection (b)(2), if at any point
after the date of the enactment of this Act the State enacts a State
law providing for the payment of short-time compensation under a short-
time compensation program that meets the definition of such a program
under section 3306(v) of the Internal Revenue Code of 1986, the State
shall be eligible for payments under this section after the effective
date of such enactment.
(d) Funding and Certifications.--
(1) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be necessary
for purposes of carrying out this section.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each State
the sums payable to such State under this section.
(e) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given those
terms in section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note).
(f) Technical Correction to Definition.--Section 3306(v)(6) of the
Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by striking
``Workforce Investment Act of 1998'' and inserting ``Workforce
Innovation and Opportunity Act''.
SEC. 2109. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION AGREEMENTS.
(a) Federal-State Agreements.--
(1) In general.--Any State which desires to do so may enter
into, and participate in, an agreement under this section with the
Secretary provided that such State's law does not provide for the
payment of short-time compensation under a short-time compensation
program (as defined in section 3306(v) of the Internal Revenue Code
of 1986).
(2) Ability to terminate.--Any State which is a party to an
agreement under this section may, upon providing 30 days' written
notice to the Secretary, terminate such agreement.
(b) Provisions of Federal-State Agreement.--
(1) In general.--Any agreement under this section shall provide
that the State agency of the State will make payments of short-time
compensation under a plan approved by the State. Such plan shall
provide that payments are made in accordance with the requirements
under section 3306(v) of the Internal Revenue Code of 1986.
(2) Limitations on plans.--
(A) General payment limitations.--A short-time compensation
plan approved by a State shall not permit the payment of short-
time compensation to an individual by the State during a
benefit year in excess of 26 times the amount of regular
compensation (including dependents' allowances) under the State
law payable to such individual for a week of total
unemployment.
(B) Employer limitations.--A short-time compensation plan
approved by a State shall not provide payments to an individual
if such individual is employed by the participating employer on
a seasonal, temporary, or intermittent basis.
(3) Employer payment of costs.--Any short-time compensation
plan entered into by an employer must provide that the employer
will pay the State an amount equal to one-half of the amount of
short-time compensation paid under such plan. Such amount shall be
deposited in the State's unemployment fund and shall not be used
for purposes of calculating an employer's contribution rate under
section 3303(a)(1) of the Internal Revenue Code of 1986.
(c) Payments to States.--
(1) In general.--There shall be paid to each State with an
agreement under this section an amount equal to--
(A) one-half of the amount of short-time compensation paid
to individuals by the State pursuant to such agreement; and
(B) any additional administrative expenses incurred by the
State by reason of such agreement (as determined by the
Secretary).
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in such
amounts as the Secretary estimates the State will be entitled to
receive under this section for each calendar month, reduced or
increased, as the case may be, by any amount by which the Secretary
finds that the Secretary's estimates for any prior calendar month
were greater or less than the amounts which should have been paid
to the State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
(3) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be necessary
for purposes of carrying out this section.
(4) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each State
the sums payable to such State under this section.
(d) Applicability.--An agreement entered into under this section
shall apply to weeks of unemployment--
(1) beginning on or after the date on which such agreement is
entered into; and
(2) ending on or before December 31, 2020.
(e) Special Rule.--If a State has entered into an agreement under
this section and subsequently enacts a State law providing for the
payment of short-time compensation under a short-time compensation
program that meets the definition of such a program under section
3306(v) of the Internal Revenue Code of 1986, the State--
(1) shall not be eligible for payments under this section for
weeks of unemployment beginning after the effective date of such
State law; and
(2) subject to section 2108(b)(2), shall be eligible to receive
payments under section 2108 after the effective date of such State
law.
(f) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given those
terms in section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2110. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS.
(a) Grants.--
(1) For implementation or improved administration.--The
Secretary shall award grants to States that enact short-time
compensation programs (as defined in subsection (i)(2)) for the
purpose of implementation or improved administration of such
programs.
(2) For promotion and enrollment.--The Secretary shall award
grants to States that are eligible and submit plans for a grant
under paragraph (1) for such States to promote and enroll employers
in short-time compensation programs (as so defined).
(3) Eligibility.--
(A) In general.--The Secretary shall determine eligibility
criteria for the grants under paragraphs (1) and (2).
(B) Clarification.--A State administering a short-time
compensation program that does not meet the definition of a
short-time compensation program under section 3306(v) of the
Internal Revenue Code of 1986, and a State with an agreement
under section 2109, shall not be eligible to receive a grant
under this section until such time as the State law of the
State provides for payments under a short-time compensation
program that meets such definition and such law.
(b) Amount of Grants.--
(1) In general.--The maximum amount available for making grants
to a State under paragraphs (1) and (2) shall be equal to the
amount obtained by multiplying $100,000,000 (less the amount used
by the Secretary under subsection (e)) by the same ratio as would
apply under subsection (a)(2)(B) of section 903 of the Social
Security Act (42 U.S.C. 1103) for purposes of determining such
State's share of any excess amount (as described in subsection
(a)(1) of such section) that would have been subject to transfer to
State accounts, as of October 1, 2019, under the provisions of
subsection (a) of such section.
(2) Amount available for different grants.--Of the maximum
incentive payment determined under paragraph (1) with respect to a
State--
(A) one-third shall be available for a grant under
subsection (a)(1); and
(B) two-thirds shall be available for a grant under
subsection (a)(2).
(c) Grant Application and Disbursal.--
(1) Application.--Any State seeking a grant under paragraph (1)
or (2) of subsection (a) shall submit an application to the
Secretary at such time, in such manner, and complete with such
information as the Secretary may require. In no case may the
Secretary award a grant under this section with respect to an
application that is submitted after December 31, 2023.
(2) Notice.--The Secretary shall, within 30 days after
receiving a complete application, notify the State agency of the
State of the Secretary's findings with respect to the requirements
for a grant under paragraph (1) or (2) (or both) of subsection (a).
(3) Certification.--If the Secretary finds that the State law
provisions meet the requirements for a grant under subsection (a),
the Secretary shall thereupon make a certification to that effect
to the Secretary of the Treasury, together with a certification as
to the amount of the grant payment to be transferred to the State
account in the Unemployment Trust Fund (as established in section
904(a) of the Social Security Act (42 U.S.C. 1104(a))) pursuant to
that finding. The Secretary of the Treasury shall make the
appropriate transfer to the State account within 7 days after
receiving such certification.
(4) Requirement.--No certification of compliance with the
requirements for a grant under paragraph (1) or (2) of subsection
(a) may be made with respect to any State whose--
(A) State law is not otherwise eligible for certification
under section 303 of the Social Security Act (42 U.S.C. 503) or
approvable under section 3304 of the Internal Revenue Code of
1986; or
(B) short-time compensation program is subject to
discontinuation or is not scheduled to take effect within 12
months of the certification.
(d) Use of Funds.--The amount of any grant awarded under this
section shall be used for the implementation of short-time compensation
programs and the overall administration of such programs and the
promotion and enrollment efforts associated with such programs, such as
through--
(1) the creation or support of rapid response teams to advise
employers about alternatives to layoffs;
(2) the provision of education or assistance to employers to
enable them to assess the feasibility of participating in short-
time compensation programs; and
(3) the development or enhancement of systems to automate--
(A) the submission and approval of plans; and
(B) the filing and approval of new and ongoing short-time
compensation claims.
(e) Administration.--The Secretary is authorized to use 0.25
percent of the funds available under subsection (g) to provide for
outreach and to share best practices with respect to this section and
short-time compensation programs.
(f) Recoupment.--The Secretary shall establish a process under
which the Secretary shall recoup the amount of any grant awarded under
paragraph (1) or (2) of subsection (a) if the Secretary determines
that, during the 5-year period beginning on the first date that any
such grant is awarded to the State, the State--
(1) terminated the State's short-time compensation program; or
(2) failed to meet appropriate requirements with respect to
such program (as established by the Secretary).
(g) Funding.--There are appropriated, out of moneys in the Treasury
not otherwise appropriated, to the Secretary, $100,000,000 to carry out
this section, to remain available without fiscal year limitation.
(h) Reporting.--The Secretary may establish reporting requirements
for States receiving a grant under this section in order to provide
oversight of grant funds.
(i) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Labor.
(2) Short-time compensation program.--The term ``short-time
compensation program'' has the meaning given such term in section
3306(v) of the Internal Revenue Code of 1986.
(3) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given those
terms in section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS.
(a) In General.--In order to assist States in establishing,
qualifying, and implementing short-time compensation programs (as
defined in section 3306(v) of the Internal Revenue Code of 1986), the
Secretary of Labor (in this section referred to as the ``Secretary'')
shall--
(1) develop model legislative language, or disseminate existing
model legislative language, which may be used by States in
developing and enacting such programs, and periodically review and
revise such model legislative language;
(2) provide technical assistance and guidance in developing,
enacting, and implementing such programs; and
(3) establish reporting requirements for States, including
reporting on--
(A) the number of estimated averted layoffs;
(B) the number of participating employers and workers; and
(C) such other items as the Secretary of Labor determines
are appropriate.
(b) Model Language and Guidance.--The model language and guidance
developed under subsection (a) shall allow sufficient flexibility by
States and participating employers while ensuring accountability and
program integrity.
(c) Consultation.--In developing the model legislative language and
guidance under subsection (a), and in order to meet the requirements of
subsection (b), the Secretary shall consult with employers, labor
organizations, State workforce agencies, and other program experts.
Existing model legislative language that has been developed through
such a consultative process shall be deemed to meet the consultation
requirement of this subsection.
(d) Repeal.--Section 4104 of the Emergency Unemployment
Stabilization and Access Act of 2020 (contained in division D of the
Families First Coronavirus Response Act) is repealed.
SEC. 2112. WAIVER OF THE 7-DAY WAITING PERIOD FOR BENEFITS UNDER THE
RAILROAD UNEMPLOYMENT INSURANCE ACT.
(a) No Waiting Week.--With respect to any registration period
beginning after the date of enactment of this Act and ending on or
before December 31, 2020, subparagraphs (A)(ii) and (B)(ii) of section
2(a)(1) of the Railroad Unemployment Insurance Act (45 U.S.C.
352(a)(1)) shall not apply.
(b) Operating Instructions and Regulations.--The Railroad
Retirement Board may prescribe any operating instructions or
regulations necessary to carry out this section.
(c) Funding.--Out of any funds in the Treasury not otherwise
appropriated, there are appropriated $50,000,000 to cover the costs of
additional benefits payable due to the application of subsection (a).
Upon the exhaustion of the funds appropriated under this subsection,
subsection (a) shall no longer apply with respect to any registration
period beginning after the date of exhaustion of funds.
(d) Definition of Registration Period.--For purposes of this
section, the term ``registration period'' has the meaning given such
term under section 1 of the Railroad Unemployment Insurance Act (45
U.S.C. 351).
SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE
ACT.
Section 2(a) of the Railroad Unemployment Insurance Act (45 U.S.C.
Sec. 352(a)) is amended by adding at the end the following:
``(5)(A) Notwithstanding paragraph (3), subsection (c)(1)(B), and
any other limitation on total benefits in this Act, for registration
periods beginning on or after April 1, 2020, but on or before July 31,
2020, a recovery benefit in the amount of $1,200 shall be payable to a
qualified employee with respect to any registration period in which the
employee received unemployment benefits under paragraph (1)(A), and in
any registration period in which the employee did not receive
unemployment benefits due to the limitation in subsection (c)(1)(B) or
due to reaching the maximum number of days of benefits in the benefit
year beginning July 1, 2019, under subsection (c)(1)(A). No recovery
benefits shall be payable under this section upon the exhaustion of the
funds appropriated under subparagraph (B) for payment of benefits under
this subparagraph.
``(B) Out of any funds in the Treasury not otherwise appropriated,
there are appropriated $425,000,000 to cover the cost of recovery
benefits provided under subparagraph (A), to remain available until
expended.''.
SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is amended--
(1) by striking ``July 1, 2008'' and inserting ``July 1,
2019'';
(2) by striking ``June 30, 2013'' and inserting ``June 30,
2020''; and
(3) by striking ``December 31, 2013'' and inserting ``December
31, 2020''.
(b) Clarification on Authority To Use Funds.--Funds appropriated
under either the first or second sentence of clause (iv) of section
2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be
available to cover the cost of additional extended unemployment
benefits provided under such section 2(c)(2)(D) by reason of the
amendments made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D) as in effect on the day
before the date of enactment of this Act.
SEC. 2115. FUNDING FOR THE DOL OFFICE OF INSPECTOR GENERAL FOR
OVERSIGHT OF UNEMPLOYMENT PROVISIONS.
There are appropriated, out of moneys in the Treasury not otherwise
appropriated, to the Office of the Inspector General of the Department
of Labor, $25,000,000 to carry out audits, investigations, and other
oversight activities authorized under the Inspector General Act of 1978
(5 U.S.C. App.) that are related to the provisions of, and amendments
made by, this subtitle, to remain available without fiscal year
limitation.
SEC. 2116. IMPLEMENTATION.
(a) Non-application of the Paperwork Reduction Act.--Chapter 35 of
title 44, United States Code (commonly referred to as the ``Paperwork
Reduction Act of 1995''), shall not apply to the provisions of, and the
amendments made by, this subtitle.
(b) Operating Instructions or Other Guidance.--Notwithstanding any
other provision of law, the Secretary of Labor may issue any operating
instructions or other guidance necessary to carry out the provisions
of, or the amendments made by, this subtitle.
Subtitle B--Rebates and Other Individual Provisions
SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS.
(a) In General.--Subchapter B of chapter 65 of subtitle F of the
Internal Revenue Code of 1986 is amended by inserting after section
6427 the following new section:
``SEC. 6428. 2020 RECOVERY REBATES FOR INDIVIDUALS.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by subtitle A for
the first taxable year beginning in 2020 an amount equal to the sum
of--
``(1) $1,200 ($2,400 in the case of eligible individuals filing
a joint return), plus
``(2) an amount equal to the product of $500 multiplied by the
number of qualifying children (within the meaning of section 24(c))
of the taxpayer.
``(b) Treatment of Credit.--The credit allowed by subsection (a)
shall be treated as allowed by subpart C of part IV of subchapter A of
chapter 1.
``(c) Limitation Based on Adjusted Gross Income.--The amount of the
credit allowed by subsection (a) (determined without regard to this
subsection and subsection (e)) shall be reduced (but not below zero) by
5 percent of so much of the taxpayer's adjusted gross income as
exceeds--
``(1) $150,000 in the case of a joint return,
``(2) $112,500 in the case of a head of household, and
``(3) $75,000 in the case of a taxpayer not described in
paragraph (1) or (2).
``(d) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual other than--
``(1) any nonresident alien individual,
``(2) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which the individual's taxable
year begins, and
``(3) an estate or trust.
``(e) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but for
this paragraph) be allowable under this section shall be reduced
(but not below zero) by the aggregate refunds and credits made or
allowed to the taxpayer under subsection (f). Any failure to so
reduce the credit shall be treated as arising out of a mathematical
or clerical error and assessed according to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit made or
allowed under subsection (f) with respect to a joint return, half
of such refund or credit shall be treated as having been made or
allowed to each individual filing such return.
``(f) Advance Refunds and Credits.--
``(1) In general.--Subject to paragraph (5), each individual
who was an eligible individual for such individual's first taxable
year beginning in 2019 shall be treated as having made a payment
against the tax imposed by chapter 1 for such taxable year in an
amount equal to the advance refund amount for such taxable year.
``(2) Advance refund amount.--For purposes of paragraph (1),
the advance refund amount is the amount that would have been
allowed as a credit under this section for such taxable year if
this section (other than subsection (e) and this subsection) had
applied to such taxable year.
``(3) Timing and manner of payments.--
``(A) Timing.--The Secretary shall, subject to the
provisions of this title, refund or credit any overpayment
attributable to this section as rapidly as possible. No refund
or credit shall be made or allowed under this subsection after
December 31, 2020.
``(B) Delivery of payments.--Notwithstanding any other
provision of law, the Secretary may certify and disburse
refunds payable under this subsection electronically to any
account to which the payee authorized, on or after January 1,
2018, the delivery of a refund of taxes under this title or of
a Federal payment (as defined in section 3332 of title 31,
United States Code).
``(C) Waiver of certain rules.--Notwithstanding section
3325 of title 31, United States Code, or any other provision of
law, with respect to any payment of a refund under this
subsection, a disbursing official in the executive branch of
the United States Government may modify payment information
received from an officer or employee described in section
3325(a)(1)(B) of such title for the purpose of facilitating the
accurate and efficient delivery of such payment. Except in
cases of fraud or reckless neglect, no liability under sections
3325, 3527, 3528, or 3529 of title 31, United States Code,
shall be imposed with respect to payments made under this
subparagraph.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this section.
``(5) Alternate taxable year.--In the case of an individual
who, at the time of any determination made pursuant to paragraph
(3), has not filed a tax return for the year described in paragraph
(1), the Secretary may--
``(A) apply such paragraph by substituting `2018' for
`2019', and
``(B) if the individual has not filed a tax return for such
individual's first taxable year beginning in 2018, use
information with respect to such individual for calendar year
2019 provided in--
``(i) Form SSA-1099, Social Security Benefit Statement,
or
``(ii) Form RRB-1099, Social Security Equivalent
Benefit Statement.
``(6) Notice to taxpayer.--Not later than 15 days after the
date on which the Secretary distributed any payment to an eligible
taxpayer pursuant to this subsection, notice shall be sent by mail
to such taxpayer's last known address. Such notice shall indicate
the method by which such payment was made, the amount of such
payment, and a phone number for the appropriate point of contact at
the Internal Revenue Service to report any failure to receive such
payment.
``(g) Identification Number Requirement.--
``(1) In general.--No credit shall be allowed under subsection
(a) to an eligible individual who does not include on the return of
tax for the taxable year--
``(A) such individual's valid identification number,
``(B) in the case of a joint return, the valid
identification number of such individual's spouse, and
``(C) in the case of any qualifying child taken into
account under subsection (a)(2), the valid identification
number of such qualifying child.
``(2) Valid identification number.--
``(A) In general.--For purposes of paragraph (1), the term
`valid identification number' means a social security number
(as such term is defined in section 24(h)(7)).
``(B) Adoption taxpayer identification number.--For
purposes of paragraph (1)(C), in the case of a qualifying child
who is adopted or placed for adoption, the term `valid
identification number' shall include the adoption taxpayer
identification number of such child.
``(3) Special rule for members of the armed forces.--Paragraph
(1)(B) shall not apply in the case where at least 1 spouse was a
member of the Armed Forces of the United States at any time during
the taxable year and at least 1 spouse satisfies paragraph (1)(A).
``(4) Mathematical or clerical error authority.--Any omission
of a correct valid identification number required under this
subsection shall be treated as a mathematical or clerical error for
purposes of applying section 6213(g)(2) to such omission.
``(h) Regulations.--The Secretary shall prescribe such regulations
or other guidance as may be necessary to carry out the purposes of this
section, including any such measures as are deemed appropriate to avoid
allowing multiple credits or rebates to a taxpayer.''.
(b) Administrative Amendments.--
(1) Definition of deficiency.--Section 6211(b)(4)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and 36B,
168(k)(4)'' and inserting ``36B, and 6428''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2)(L) of such Code is amended by striking ``or 32'' and
inserting ``32, or 6428''.
(c) Treatment of Possessions.--
(1) Payments to possessions.--
(A) Mirror code possession.--The Secretary of the Treasury
shall pay to each possession of the United States which has a
mirror code tax system amounts equal to the loss (if any) to
that possession by reason of the amendments made by this
section. Such amounts shall be determined by the Secretary of
the Treasury based on information provided by the government of
the respective possession.
(B) Other possessions.--The Secretary of the Treasury shall
pay to each possession of the United States which does not have
a mirror code tax system amounts estimated by the Secretary of
the Treasury as being equal to the aggregate benefits (if any)
that would have been provided to residents of such possession
by reason of the amendments made by this section if a mirror
code tax system had been in effect in such possession. The
preceding sentence shall not apply unless the respective
possession has a plan, which has been approved by the Secretary
of the Treasury, under which such possession will promptly
distribute such payments to its residents.
(2) Coordination with credit allowed against united states
income taxes.--No credit shall be allowed against United States
income taxes under section 6428 of the Internal Revenue Code of
1986 (as added by this section) to any person--
(A) to whom a credit is allowed against taxes imposed by
the possession by reason of the amendments made by this
section, or
(B) who is eligible for a payment under a plan described in
paragraph (1)(B).
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes of this
subsection, the term ``possession of the United States''
includes the Commonwealth of Puerto Rico and the Commonwealth
of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means, with
respect to any possession of the United States, the income tax
system of such possession if the income tax liability of the
residents of such possession under such system is determined by
reference to the income tax laws of the United States as if
such possession were the United States.
(C) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this
subsection shall be treated in the same manner as a refund due
from a credit provision referred to in subsection (b)(2) of
such section.
(d) Exception From Reduction or Offset.--Any credit or refund
allowed or made to any individual by reason of section 6428 of the
Internal Revenue Code of 1986 (as added by this section) or by reason
of subsection (c) of this section shall not be--
(1) subject to reduction or offset pursuant to section 3716 or
3720A of title 31, United States Code,
(2) subject to reduction or offset pursuant to subsection (d),
(e), or (f) of section 6402 of the Internal Revenue Code of 1986,
or
(3) reduced or offset by other assessed Federal taxes that
would otherwise be subject to levy or collection.
(e) Public Awareness Campaign.--The Secretary of the Treasury (or
the Secretary's delegate) shall conduct a public awareness campaign, in
coordination with the Commissioner of Social Security and the heads of
other relevant Federal agencies, to provide information regarding the
availability of the credit and rebate allowed under section 6428 of the
Internal Revenue Code of 1986 (as added by this section), including
information with respect to individuals who may not have filed a tax
return for taxable year 2018 or 2019.
(f) Appropriations to Carry Out Rebates.--
(1) In general.--Immediately upon the enactment of this Act,
the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020:
(A) Department of the treasury.--
(i) For an additional amount for ``Department of the
Treasury--Bureau of the Fiscal Service--Salaries and
Expenses'', $78,650,000, to remain available until
September 30, 2021.
(ii) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Taxpayer Services'',
$293,500,000, to remain available until September 30, 2021.
(iii) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Operations Support'',
$170,000,000, to remain available until September 30, 2021.
(iv) For an additional amount for ``Department of
Treasury--Internal Revenue Service--Enforcement'',
$37,200,000, to remain available until September 30, 2021.
Amounts made available in appropriations under clauses (ii),
(iii), and (iv) of this subparagraph may be transferred between
such appropriations upon the advance notification of the
Committees on Appropriations of the House of Representatives
and the Senate. Such transfer authority is in addition to any
other transfer authority provided by law.
(B) Social security administration.--For an additional
amount for ``Social Security Administration--Limitation on
Administrative Expenses'', $38,000,000, to remain available
until September 30, 2021.
(2) Reports.--No later than 15 days after enactment of this
Act, the Secretary of the Treasury shall submit a plan to the
Committees on Appropriations of the House of Representatives and
the Senate detailing the expected use of the funds provided by
paragraph (1)(A). Beginning 90 days after enactment of this Act,
the Secretary of the Treasury shall submit a quarterly report to
the Committees on Appropriations of the House of Representatives
and the Senate detailing the actual expenditure of funds provided
by paragraph (1)(A) and the expected expenditure of such funds in
the subsequent quarter.
(g) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United States
Code, is amended by inserting ``6428,'' after ``54B(h),''.
(2) The table of sections for subchapter B of chapter 65 of
subtitle F of the Internal Revenue Code of 1986 is amended by
inserting after the item relating to section 6427 the following:
``Sec. 6428. 2020 Recovery Rebates for individuals.''.
SEC. 2202. SPECIAL RULES FOR USE OF RETIREMENT FUNDS.
(a) Tax-favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code of
1986 shall not apply to any coronavirus-related distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as coronavirus-related distributions for
any taxable year shall not exceed $100,000.
(B) Treatment of plan distributions.--If a distribution to
an individual would (without regard to subparagraph (A)) be a
coronavirus-related distribution, a plan shall not be treated
as violating any requirement of the Internal Revenue Code of
1986 merely because the plan treats such distribution as a
coronavirus-related distribution, unless the aggregate amount
of such distributions from all plans maintained by the employer
(and any member of any controlled group which includes the
employer) to such individual exceeds $100,000.
(C) Controlled group.--For purposes of subparagraph (B),
the term ``controlled group'' means any group treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives a coronavirus-
related distribution may, at any time during the 3-year period
beginning on the day after the date on which such distribution
was received, make 1 or more contributions in an aggregate
amount not to exceed the amount of such distribution to an
eligible retirement plan of which such individual is a
beneficiary and to which a rollover contribution of such
distribution could be made under section 402(c), 403(a)(4),
403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue
Code of 1986, as the case may be.
(B) Treatment of repayments of distributions from eligible
retirement plans other than iras.--For purposes of the Internal
Revenue Code of 1986, if a contribution is made pursuant to
subparagraph (A) with respect to a coronavirus-related
distribution from an eligible retirement plan other than an
individual retirement plan, then the taxpayer shall, to the
extent of the amount of the contribution, be treated as having
received the coronavirus-related distribution in an eligible
rollover distribution (as defined in section 402(c)(4) of such
Code) and as having transferred the amount to the eligible
retirement plan in a direct trustee to trustee transfer within
60 days of the distribution.
(C) Treatment of repayments of distributions from iras.--
For purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) with respect
to a coronavirus-related distribution from an individual
retirement plan (as defined by section 7701(a)(37) of such
Code), then, to the extent of the amount of the contribution,
the coronavirus-related distribution shall be treated as a
distribution described in section 408(d)(3) of such Code and as
having been transferred to the eligible retirement plan in a
direct trustee to trustee transfer within 60 days of the
distribution.
(4) Definitions.--For purposes of this subsection--
(A) Coronavirus-related distribution.--Except as provided
in paragraph (2), the term ``coronavirus-related distribution''
means any distribution from an eligible retirement plan made--
(i) on or after January 1, 2020, and before December
31, 2020,
(ii) to an individual--
(I) who is diagnosed with the virus SARS-CoV-2 or
with coronavirus disease 2019 (COVID-19) by a test
approved by the Centers for Disease Control and
Prevention,
(II) whose spouse or dependent (as defined in
section 152 of the Internal Revenue Code of 1986) is
diagnosed with such virus or disease by such a test, or
(III) who experiences adverse financial
consequences as a result of being quarantined, being
furloughed or laid off or having work hours reduced due
to such virus or disease, being unable to work due to
lack of child care due to such virus or disease,
closing or reducing hours of a business owned or
operated by the individual due to such virus or
disease, or other factors as determined by the
Secretary of the Treasury (or the Secretary's
delegate).
(B) Employee certification.--The administrator of an
eligible retirement plan may rely on an employee's
certification that the employee satisfies the conditions of
subparagraph (A)(ii) in determining whether any distribution is
a coronavirus-related distribution.
(C) Eligible retirement plan.--The term ``eligible
retirement plan'' has the meaning given such term by section
402(c)(8)(B) of the Internal Revenue Code of 1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any coronavirus-related
distribution, unless the taxpayer elects not to have this
paragraph apply for any taxable year, any amount required to be
included in gross income for such taxable year shall be so
included ratably over the 3-taxable-year period beginning with
such taxable year.
(B) Special rule.--For purposes of subparagraph (A), rules
similar to the rules of subparagraph (E) of section 408A(d)(3)
of the Internal Revenue Code of 1986 shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405 of the Internal Revenue Code of
1986, coronavirus-related distributions shall not be treated as
eligible rollover distributions.
(B) Coronavirus-related distributions treated as meeting
plan distribution requirements.--For purposes of the Internal
Revenue Code of 1986, a coronavirus-related distribution shall
be treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A)
of such Code and section 8433(h)(1) of title 5, United States
Code.
(b) Loans From Qualified Plans.--
(1) Increase in limit on loans not treated as distributions.--
In the case of any loan from a qualified employer plan (as defined
under section 72(p)(4) of the Internal Revenue Code of 1986) to a
qualified individual made during the 180-day period beginning on
the date of the enactment of this Act--
(A) clause (i) of section 72(p)(2)(A) of such Code shall be
applied by substituting ``$100,000'' for ``$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable accrued
benefit of the employee under the plan'' for ``one-half of the
present value of the nonforfeitable accrued benefit of the
employee under the plan''.
(2) Delay of repayment.--In the case of a qualified individual
with an outstanding loan (on or after the date of the enactment of
this Act) from a qualified employer plan (as defined in section
72(p)(4) of the Internal Revenue Code of 1986)--
(A) if the due date pursuant to subparagraph (B) or (C) of
section 72(p)(2) of such Code for any repayment with respect to
such loan occurs during the period beginning on the date of the
enactment of this Act and ending on December 31, 2020, such due
date shall be delayed for 1 year,
(B) any subsequent repayments with respect to any such loan
shall be appropriately adjusted to reflect the delay in the due
date under subparagraph (A) and any interest accruing during
such delay, and
(C) in determining the 5-year period and the term of a loan
under subparagraph (B) or (C) of section 72(p)(2) of such Code,
the period described in subparagraph (A) of this paragraph
shall be disregarded.
(3) Qualified individual.--For purposes of this subsection, the
term ``qualified individual'' means any individual who is described
in subsection (a)(4)(A)(ii).
(c) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any amendment to
any plan or annuity contract--
(A) such plan or contract shall be treated as being
operated in accordance with the terms of the plan during the
period described in paragraph (2)(B)(i), and
(B) except as provided by the Secretary of the Treasury (or
the Secretary's delegate), such plan or contract shall not fail
to meet the requirements of section 411(d)(6) of the Internal
Revenue Code of 1986 and section 204(g) of the Employee
Retirement Income Security Act of 1974 by reason of such
amendment.
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is made--
(i) pursuant to any provision of this section, or
pursuant to any regulation issued by the Secretary of the
Treasury or the Secretary of Labor (or the delegate of
either such Secretary) under any provision of this section,
and
(ii) on or before the last day of the first plan year
beginning on or after January 1, 2022, or such later date
as the Secretary of the Treasury (or the Secretary's
delegate) may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), clause (ii) shall
be applied by substituting the date which is 2 years after the
date otherwise applied under clause (ii).
(B) Conditions.--This subsection shall not apply to any
amendment unless--
(i) during the period--
(I) beginning on the date that this section or the
regulation described in subparagraph (A)(i) takes
effect (or in the case of a plan or contract amendment
not required by this section or such regulation, the
effective date specified by the plan), and
(II) ending on the date described in subparagraph
(A)(ii) (or, if earlier, the date the plan or contract
amendment is adopted),
the plan or contract is operated as if such plan or
contract amendment were in effect, and
(ii) such plan or contract amendment applies
retroactively for such period.
SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR
CERTAIN RETIREMENT PLANS AND ACCOUNTS.
(a) In General.--Section 401(a)(9) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(I) Temporary waiver of minimum required distribution.--
``(i) In general.--The requirements of this paragraph
shall not apply for calendar year 2020 to--
``(I) a defined contribution plan which is
described in this subsection or in section 403(a) or
403(b),
``(II) a defined contribution plan which is an
eligible deferred compensation plan described in
section 457(b) but only if such plan is maintained by
an employer described in section 457(e)(1)(A), or
``(III) an individual retirement plan.
``(ii) Special rule for required beginning dates in
2020.--Clause (i) shall apply to any distribution which is
required to be made in calendar year 2020 by reason of--
``(I) a required beginning date occurring in such
calendar year, and
``(II) such distribution not having been made
before January 1, 2020.
``(iii) Special rules regarding waiver period.--For
purposes of this paragraph--
``(I) the required beginning date with respect to
any individual shall be determined without regard to
this subparagraph for purposes of applying this
paragraph for calendar years after 2020, and
``(II) if clause (ii) of subparagraph (B) applies,
the 5-year period described in such clause shall be
determined without regard to calendar year 2020.''.
(b) Eligible Rollover Distributions.--Section 402(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``2009'' each
place it appears in the last sentence and inserting ``2020''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply for calendar years beginning after December 31, 2019.
(2) Provisions relating to plan or contract amendments.--
(A) In general.--If this paragraph applies to any plan or
contract amendment--
(i) such plan or contract shall not fail to be treated
as being operated in accordance with the terms of the plan
during the period described in subparagraph (B)(ii) solely
because the plan operates in accordance with this section,
and
(ii) except as provided by the Secretary of the
Treasury (or the Secretary's delegate), such plan or
contract shall not fail to meet the requirements of section
411(d)(6) of the Internal Revenue Code of 1986 and section
204(g) of the Employee Retirement Income Security Act of
1974 by reason of such amendment.
(B) Amendments to which paragraph applies.--
(i) In general.--This paragraph shall apply to any
amendment to any plan or annuity contract which--
(I) is made pursuant to the amendments made by this
section, and
(II) is made on or before the last day of the first
plan year beginning on or after January 1, 2022.
In the case of a governmental plan, subclause (II) shall be
applied by substituting ``2024'' for ``2022''.
(ii) Conditions.--This paragraph shall not apply to any
amendment unless during the period beginning on the
effective date of the amendment and ending on December 31,
2020, the plan or contract is operated as if such plan or
contract amendment were in effect.
SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DEDUCTION FOR CHARITABLE
CONTRIBUTIONS.
(a) In General.--Section 62(a) of the Internal Revenue Code of 1986
is amended by inserting after paragraph (21) the following new
paragraph:
``(22) Charitable contributions.--In the case of taxable years
beginning in 2020, the amount (not to exceed $300) of qualified
charitable contributions made by an eligible individual during the
taxable year.''.
(b) Definitions.--Section 62 of such Code is amended by adding at
the end the following new subsection:
``(f) Definitions Relating to Qualified Charitable Contributions.--
For purposes of subsection (a)(22)--
``(1) Eligible individual.--The term `eligible individual'
means any individual who does not elect to itemize deductions.
``(2) Qualified charitable contributions.--The term `qualified
charitable contribution' means a charitable contribution (as
defined in section 170(c))--
``(A) which is made in cash,
``(B) for which a deduction is allowable under section 170
(determined without regard to subsection (b) thereof), and
``(C) which is--
``(i) made to an organization described in section
170(b)(1)(A), and
``(ii) not--
``(I) to an organization described in section
509(a)(3), or
``(II) for the establishment of a new, or
maintenance of an existing, donor advised fund (as
defined in section 4966(d)(2)).
Such term shall not include any amount which is treated as
a charitable contribution made in such taxable year by
reason of subsection (b)(1)(G)(ii) or (d)(1) of section
170.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
SEC. 2205. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS
DURING 2020.
(a) Temporary Suspension of Limitations on Certain Cash
Contributions.--
(1) In general.--Except as otherwise provided in paragraph (2),
qualified contributions shall be disregarded in applying
subsections (b) and (d) of section 170 of the Internal Revenue Code
of 1986.
(2) Treatment of excess contributions.--For purposes of section
170 of the Internal Revenue Code of 1986--
(A) Individuals.--In the case of an individual--
(i) Limitation.--Any qualified contribution shall be
allowed as a deduction only to the extent that the
aggregate of such contributions does not exceed the excess
of the taxpayer's contribution base (as defined in
subparagraph (H) of section 170(b)(1) of such Code) over
the amount of all other charitable contributions allowed
under section 170(b)(1) of such Code.
(ii) Carryover.--If the aggregate amount of qualified
contributions made in the contribution year (within the
meaning of section 170(d)(1) of such Code) exceeds the
limitation of clause (i), such excess shall be added to the
excess described in section 170(b)(1)(G)(ii).
(B) Corporations.--In the case of a corporation--
(i) Limitation.--Any qualified contribution shall be
allowed as a deduction only to the extent that the
aggregate of such contributions does not exceed the excess
of 25 percent of the taxpayer's taxable income (as
determined under paragraph (2) of section 170(b) of such
Code) over the amount of all other charitable contributions
allowed under such paragraph.
(ii) Carryover.--If the aggregate amount of qualified
contributions made in the contribution year (within the
meaning of section 170(d)(2) of such Code) exceeds the
limitation of clause (i), such excess shall be
appropriately taken into account under section 170(d)(2)
subject to the limitations thereof.
(3) Qualified contributions.--
(A) In general.--For purposes of this subsection, the term
``qualified contribution'' means any charitable contribution
(as defined in section 170(c) of the Internal Revenue Code of
1986) if--
(i) such contribution is paid in cash during calendar
year 2020 to an organization described in section
170(b)(1)(A) of such Code, and
(ii) the taxpayer has elected the application of this
section with respect to such contribution.
(B) Exception.--Such term shall not include a contribution
by a donor if the contribution is--
(i) to an organization described in section 509(a)(3)
of the Internal Revenue Code of 1986, or
(ii) for the establishment of a new, or maintenance of
an existing, donor advised fund (as defined in section
4966(d)(2) of such Code).
(C) Application of election to partnerships and s
corporations.--In the case of a partnership or S corporation,
the election under subparagraph (A)(ii) shall be made
separately by each partner or shareholder.
(b) Increase in Limits on Contributions of Food Inventory.--In the
case of any charitable contribution of food during 2020 to which
section 170(e)(3)(C) of the Internal Revenue Code of 1986 applies,
subclauses (I) and (II) of clause (ii) thereof shall each be applied by
substituting ``25 percent'' for ``15 percent.''
(c) Effective Date.--This section shall apply to taxable years
ending after December 31, 2019.
SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT LOANS.
(a) In General.--Paragraph (1) of section 127(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (A), by redesignating subparagraph (B) as subparagraph
(C), and by inserting after subparagraph (A) the following new
subparagraph:
``(B) in the case of payments made before January 1, 2021,
the payment by an employer, whether paid to the employee or to
a lender, of principal or interest on any qualified education
loan (as defined in section 221(d)(1)) incurred by the employee
for education of the employee, and''.
(b) Conforming Amendment; Denial of Double Benefit.--The first
sentence of paragraph (1) of section 221(e) of the Internal Revenue
Code of 1986 is amended by inserting before the period the following:
``, or for which an exclusion is allowable under section 127 to the
taxpayer by reason of the payment by the taxpayer's employer of any
indebtedness on a qualified education loan of the taxpayer''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made after the date of the enactment of this Act.
Subtitle C--Business Provisions
SEC. 2301. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUBJECT TO CLOSURE
DUE TO COVID-19.
(a) In General.--In the case of an eligible employer, there shall
be allowed as a credit against applicable employment taxes for each
calendar quarter an amount equal to 50 percent of the qualified wages
with respect to each employee of such employer for such calendar
quarter.
(b) Limitations and Refundability.--
(1) Wages taken into account.--The amount of qualified wages
with respect to any employee which may be taken into account under
subsection (a) by the eligible employer for all calendar quarters
shall not exceed $10,000.
(2) Credit limited to employment taxes.--The credit allowed by
subsection (a) with respect to any calendar quarter shall not
exceed the applicable employment taxes (reduced by any credits
allowed under subsections (e) and (f) of section 3111 of the
Internal Revenue Code of 1986 and sections 7001 and 7003 of the
Families First Coronavirus Response Act) on the wages paid with
respect to the employment of all the employees of the eligible
employer for such calendar quarter.
(3) Refundability of excess credit.--
(A) In general.--If the amount of the credit under
subsection (a) exceeds the limitation of paragraph (2) for any
calendar quarter, such excess shall be treated as an
overpayment that shall be refunded under sections 6402(a) and
6413(b) of the Internal Revenue Code of 1986.
(B) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, any amounts due to the employer
under this paragraph shall be treated in the same manner as a
refund due from a credit provision referred to in subsection
(b)(2) of such section.
(c) Definitions.--For purposes of this section--
(1) Applicable employment taxes.--The term ``applicable
employment taxes'' means the following:
(A) The taxes imposed under section 3111(a) of the Internal
Revenue Code of 1986.
(B) So much of the taxes imposed under section 3221(a) of
such Code as are attributable to the rate in effect under
section 3111(a) of such Code.
(2) Eligible employer.--
(A) In general.--The term ``eligible employer'' means any
employer--
(i) which was carrying on a trade or business during
calendar year 2020, and
(ii) with respect to any calendar quarter, for which--
(I) the operation of the trade or business
described in clause (i) is fully or partially suspended
during the calendar quarter due to orders from an
appropriate governmental authority limiting commerce,
travel, or group meetings (for commercial, social,
religious, or other purposes) due to the coronavirus
disease 2019 (COVID-19), or
(II) such calendar quarter is within the period
described in subparagraph (B).
(B) Significant decline in gross receipts.--The period
described in this subparagraph is the period--
(i) beginning with the first calendar quarter beginning
after December 31, 2019, for which gross receipts (within
the meaning of section 448(c) of the Internal Revenue Code
of 1986) for the calendar quarter are less than 50 percent
of gross receipts for the same calendar quarter in the
prior year, and
(ii) ending with the calendar quarter following the
first calendar quarter beginning after a calendar quarter
described in clause (i) for which gross receipts of such
employer are greater than 80 percent of gross receipts for
the same calendar quarter in the prior year.
(C) Tax-exempt organizations.--In the case of an
organization which is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code, clauses (i) and (ii)(I) of subparagraph
(A) shall apply to all operations of such organization.
(3) Qualified wages.--
(A) In general.--The term ``qualified wages'' means--
(i) in the case of an eligible employer for which the
average number of full-time employees (within the meaning
of section 4980H of the Internal Revenue Code of 1986)
employed by such eligible employer during 2019 was greater
than 100, wages paid by such eligible employer with respect
to which an employee is not providing services due to
circumstances described in subclause (I) or (II) of
paragraph (2)(A)(ii), or
(ii) in the case of an eligible employer for which the
average number of full-time employees (within the meaning
of section 4980H of the Internal Revenue Code of 1986)
employed by such eligible employer during 2019 was not
greater than 100--
(I) with respect to an eligible employer described
in subclause (I) of paragraph (2)(A)(ii), wages paid by
such eligible employer with respect to an employee
during any period described in such clause, or
(II) with respect to an eligible employer described
in subclause (II) of such paragraph, wages paid by such
eligible employer with respect to an employee during
such quarter.
Such term shall not include any wages taken into account under
section 7001 or section 7003 of the Families First Coronavirus
Response Act.
(B) Limitation.--Qualified wages paid or incurred by an
eligible employer described in subparagraph (A)(i) with respect
to an employee for any period described in such subparagraph
may not exceed the amount such employee would have been paid
for working an equivalent duration during the 30 days
immediately preceding such period.
(C) Allowance for certain health plan expenses.--
(i) In general.--The term ``qualified wages'' shall
include so much of the eligible employer's qualified health
plan expenses as are properly allocable to such wages.
(ii) Qualified health plan expenses.--For purposes of
this paragraph, the term ``qualified health plan expenses''
means amounts paid or incurred by the eligible employer to
provide and maintain a group health plan (as defined in
section 5000(b)(1) of the Internal Revenue Code of 1986),
but only to the extent that such amounts are excluded from
the gross income of employees by reason of section 106(a)
of such Code.
(iii) Allocation rules.--For purposes of this
paragraph, qualified health plan expenses shall be
allocated to qualified wages in such manner as the
Secretary may prescribe. Except as otherwise provided by
the Secretary, such allocation shall be treated as properly
made if made on the basis of being pro rata among employees
and pro rata on the basis of periods of coverage (relative
to the periods to which such wages relate).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Treasury or the Secretary's delegate.
(5) Wages.--The term ``wages'' means wages (as defined in
section 3121(a) of the Internal Revenue Code of 1986) and
compensation (as defined in section 3231(e) of such Code).
(6) Other terms.--Any term used in this section which is also
used in chapter 21 or 22 of the Internal Revenue Code of 1986 shall
have the same meaning as when used in such chapter.
(d) Aggregation Rule.--All persons treated as a single employer
under subsection (a) or (b) of section 52 of the Internal Revenue Code
of 1986, or subsection (m) or (o) of section 414 of such Code, shall be
treated as one employer for purposes of this section.
(e) Certain Rules to Apply.--For purposes of this section, rules
similar to the rules of sections 51(i)(1) and 280C(a) of the Internal
Revenue Code of 1986 shall apply.
(f) Certain Governmental Employers.--This credit shall not apply to
the Government of the United States, the government of any State or
political subdivision thereof, or any agency or instrumentality of any
of the foregoing.
(g) Election Not to Have Section Apply.--This section shall not
apply with respect to any eligible employer for any calendar quarter if
such employer elects (at such time and in such manner as the Secretary
may prescribe) not to have this section apply.
(h) Special Rules.--
(1) Employee not taken into account more than once.--An
employee shall not be included for purposes of this section for any
period with respect to any employer if such employer is allowed a
credit under section 51 of the Internal Revenue Code of 1986 with
respect to such employee for such period.
(2) Denial of double benefit.--Any wages taken into account in
determining the credit allowed under this section shall not be
taken into account for purposes of determining the credit allowed
under section 45S of such Code.
(3) Third party payors.--Any credit allowed under this section
shall be treated as a credit described in section 3511(d)(2) of
such Code.
(i) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund established under section 201 of the Social Security Act (42
U.S.C. 401) and the Social Security Equivalent Benefit Account
established under section 15A(a) of the Railroad Retirement Act of 1974
(45 U.S.C. 14 231n-1(a)) amounts equal to the reduction in revenues to
the Treasury by reason of this section (without regard to this
subsection). Amounts appropriated by the preceding sentence shall be
transferred from the general fund at such times and in such manner as
to replicate to the extent possible the transfers which would have
occurred to such Trust Fund or Account had this section not been
enacted.
(j) Rule for Employers Taking Small Business Interruption Loan.--If
an eligible employer receives a covered loan under paragraph (36) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by
section 1102 of this Act, such employer shall not be eligible for the
credit under this section.
(k) Treatment of Deposits.--The Secretary shall waive any penalty
under section 6656 of the Internal Revenue Code of 1986 for any failure
to make a deposit of any applicable employment taxes if the Secretary
determines that such failure was due to the reasonable anticipation of
the credit allowed under this section.
(l) Regulations and Guidance.--The Secretary shall issue such
forms, instructions, regulations, and guidance as are necessary--
(1) to allow the advance payment of the credit under subsection
(a), subject to the limitations provided in this section, based on
such information as the Secretary shall require,
(2) to provide for the reconciliation of such advance payment
with the amount advanced at the time of filing the return of tax
for the applicable calendar quarter or taxable year,
(3) to provide for the recapture of the credit under this
section if such credit is allowed to a taxpayer which receives a
loan described in subsection (j) during a subsequent quarter,
(4) with respect to the application of the credit under
subsection (a) to third party payors (including professional
employer organizations, certified professional employer
organizations, or agents under section 3504 of the Internal Revenue
Code of 1986), including regulations or guidance allowing such
payors to submit documentation necessary to substantiate the
eligible employer status of employers that use such payors, and
(5) for application of subparagraphs (A)(ii)(II) and (B) of
subsection (c)(2) in the case of any employer which was not
carrying on a trade or business for all or part of the same
calendar quarter in the prior year.
(m) Application.--This section shall only apply to wages paid after
March 12, 2020, and before January 1, 2021.
SEC. 2302. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES.
(a) In General.--
(1) Taxes.--Notwithstanding any other provision of law, the
payment for applicable employment taxes for the payroll tax
deferral period shall not be due before the applicable date.
(2) Deposits.--Notwithstanding section 6302 of the Internal
Revenue Code of 1986, an employer shall be treated as having timely
made all deposits of applicable employment taxes that are required
to be made (without regard to this section) for such taxes during
the payroll tax deferral period if all such deposits are made not
later than the applicable date.
(3) Exception.--This subsection shall not apply to any taxpayer
if such taxpayer has had indebtedness forgiven under section 1106
of this Act with respect to a loan under paragraph (36) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by
section 1102 of this Act, or indebtedness forgiven under section
1109 of this Act.
(b) SECA.--
(1) In general.--Notwithstanding any other provision of law,
the payment for 50 percent of the taxes imposed under section
1401(a) of the Internal Revenue Code of 1986 for the payroll tax
deferral period shall not be due before the applicable date.
(2) Estimated taxes.--For purposes of applying section 6654 of
the Internal Revenue Code of 1986 to any taxable year which
includes any part of the payroll tax deferral period, 50 percent of
the taxes imposed under section 1401(a) of such Code for the
payroll tax deferral period shall not be treated as taxes to which
such section 6654 applies.
(c) Liability of Third Parties.--
(1) Acts to be performed by agents.--For purposes of section
3504 of the Internal Revenue Code of 1986, in the case of any
person designated pursuant to such section (and any regulations or
other guidance issued by the Secretary with respect to such
section) to perform acts otherwise required to be performed by an
employer under such Code, if such employer directs such person to
defer payment of any applicable employment taxes during the payroll
tax deferral period under this section, such employer shall be
solely liable for the payment of such applicable employment taxes
before the applicable date for any wages paid by such person on
behalf of such employer during such period.
(2) Certified professional employer organizations.--For
purposes of section 3511, in the case of a certified professional
employer organization (as defined in subsection (a) of section 7705
of the Internal Revenue Code of 1986) that has entered into a
service contract described in subsection (e)(2) of such section
with a customer, if such customer directs such organization to
defer payment of any applicable employment taxes during the payroll
tax deferral period under this section, such customer shall,
notwithstanding subsections (a) and (c) of section 3511, be solely
liable for the payment of such applicable employment taxes before
the applicable date for any wages paid by such organization to any
work site employee performing services for such customer during
such period.
(d) Definitions.--For purposes of this section--
(1) Applicable employment taxes.--The term ``applicable
employment taxes'' means the following:
(A) The taxes imposed under section 3111(a) of the Internal
Revenue Code of 1986.
(B) So much of the taxes imposed under section 3211(a) of
such Code as are attributable to the rate in effect under
section 3111(a) of such Code.
(C) So much of the taxes imposed under section 3221(a) of
such Code as are attributable to the rate in effect under
section 3111(a) of such Code.
(2) Payroll tax deferral period.--The term ``payroll tax
deferral period'' means the period beginning on the date of the
enactment of this Act and ending before January 1, 2021.
(3) Applicable date.--The term ``applicable date'' means--
(A) December 31, 2021, with respect to 50 percent of the
amounts to which subsection (a) or (b), as the case may be,
apply, and
(B) December 31, 2022, with respect to the remaining such
amounts.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Treasury (or the Secretary's delegate).
(e) Trust Funds Held Harmless.--There are hereby appropriated (out
of any money in the Treasury not otherwise appropriated) for each
fiscal year to the Federal Old-Age and Survivors Insurance Trust Fund
and the Federal Disability Insurance Trust Fund established under
section 201 of the Social Security Act (42 U.S.C. 401) and the Social
Security Equivalent Benefit Account established under section 15A(a) of
the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) an amount
equal to the reduction in the transfers to such fund for such fiscal
year by reason of this section. Amounts appropriated by the preceding
sentence shall be transferred from the general fund at such times and
in such manner as to replicate to the extent possible the transfers
which would have occurred to such Trust Fund had such amendments not
been enacted.
(f) Regulatory Authority.--The Secretary shall issue such
regulations or other guidance as necessary to carry out the purposes of
this section, including rules for the administration and enforcement of
subsection (c).
SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES.
(a) Temporary Repeal of Taxable Income Limitation.--
(1) In general.--The first sentence of section 172(a) of the
Internal Revenue Code of 1986 is amended by striking ``an amount
equal to'' and all that follows and inserting ``an amount equal
to--
``(1) in the case of a taxable year beginning before January 1,
2021, the aggregate of the net operating loss carryovers to such
year, plus the net operating loss carrybacks to such year, and
``(2) in the case of a taxable year beginning after December
31, 2020, the sum of--
``(A) the aggregate amount of net operating losses arising
in taxable years beginning before January 1, 2018, carried to
such taxable year, plus
``(B) the lesser of--
``(i) the aggregate amount of net operating losses
arising in taxable years beginning after December 31, 2017,
carried to such taxable year, or
``(ii) 80 percent of the excess (if any) of--
``(I) taxable income computed without regard to the
deductions under this section and sections 199A and
250, over
``(II) the amount determined under subparagraph
(A).''.
(2) Conforming amendments.--
(A) Section 172(b)(2)(C) of such Code is amended to read as
follows:
``(C) for taxable years beginning after December 31, 2020,
be reduced by 20 percent of the excess (if any) described in
subsection (a)(2)(B)(ii) for such taxable year.''.
(B) Section 172(d)(6)(C) of such Code is amended by
striking ``subsection (a)(2)'' and inserting ``subsection
(a)(2)(B)(ii)(I)''.
(C) Section 860E(a)(3)(B) of such Code is amended by
striking all that follows ``for purposes of'' and inserting
``subsection (a)(2)(B)(ii)(I) and the second sentence of
subsection (b)(2) of section 172.''.
(b) Modifications of Rules Relating to Carrybacks.--
(1) In general.--Section 172(b)(1) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subparagraph:
``(D) Special rule for losses arising in 2018, 2019, and
2020.--
``(i) In general.--In the case of any net operating
loss arising in a taxable year beginning after December 31,
2017, and before January 1, 2021--
``(I) such loss shall be a net operating loss
carryback to each of the 5 taxable years preceding the
taxable year of such loss, and
``(II) subparagraphs (B) and (C)(i) shall not
apply.
``(ii) Special rules for reits.--For purposes of this
subparagraph--
``(I) In general.--A net operating loss for a REIT
year shall not be a net operating loss carryback to any
taxable year preceding the taxable year of such loss.
``(II) Special rule.--In the case of any net
operating loss for a taxable year which is not a REIT
year, such loss shall not be carried to any preceding
taxable year which is a REIT year.
``(III) REIT year.--For purposes of this
subparagraph, the term `REIT year' means any taxable
year for which the provisions of part II of subchapter
M (relating to real estate investment trusts) apply to
the taxpayer.
``(iii) Special rule for life insurance companies.-- In
the case of a life insurance company, if a net operating
loss is carried pursuant to clause (i)(I) to a life
insurance company taxable year beginning before January 1,
2018, such net operating loss carryback shall be treated in
the same manner as an operations loss carryback (within the
meaning of section 810 as in effect before its repeal) of
such company to such taxable year.
``(iv) Rule relating to carrybacks to years to which
section 965 applies.--If a net operating loss of a taxpayer
is carried pursuant to clause (i)(I) to any taxable year in
which an amount is includible in gross income by reason of
section 965(a), the taxpayer shall be treated as having
made the election under section 965(n) with respect to each
such taxable year.
``(v) Special rules for elections under paragraph
(3).--
``(I) Special election to exclude section 965
years.-- If the 5-year carryback period under clause
(i)(I) with respect to any net operating loss of a
taxpayer includes 1 or more taxable years in which an
amount is includible in gross income by reason of
section 965(a), the taxpayer may, in lieu of the
election otherwise available under paragraph (3), elect
under such paragraph to exclude all such taxable years
from such carryback period.
``(II) Time of elections.--An election under
paragraph (3) (including an election described in
subclause (I)) with respect to a net operating loss
arising in a taxable year beginning in 2018 or 2019
shall be made by the due date (including extensions of
time) for filing the taxpayer's return for the first
taxable year ending after the date of the enactment of
this subparagraph.''.
(2) Conforming amendment.--Section 172(b)(1)(A) of such Code,
as amended by subsection (c)(2), is amended by striking ``and
(C)(i)'' and inserting ``, (C)(i), and (D)''.
(c) Technical Amendment Relating to Section 13302 of Public Law
115-97.--
(1) Section 13302(e) of Public Law 115-97 is amended to read as
follows:
``(e) Effective Dates.--
``(1) Net operating loss limitation.--The amendments made by
subsections (a) and (d)(2) shall apply to--
``(A) taxable years beginning after December 31, 2017, and
``(B) taxable years beginning on or before such date to
which net operating losses arising in taxable years beginning
after such date are carried.
``(2) Carryovers and carrybacks.--The amendments made by
subsections (b), (c), and (d)(1) shall apply to net operating
losses arising in taxable years beginning after December 31,
2017.''.
(2) Section 172(b)(1)(A) of the Internal Revenue Code of 1986
is amended to read as follows:
``(A) General rule.--A net operating loss for any taxable
year--
``(i) shall be a net operating loss carryback to the
extent provided in subparagraphs (B) and (C)(i), and
``(ii) except as provided in subparagraph (C)(ii),
shall be a net operating loss carryover--
``(I) in the case of a net operating loss arising
in a taxable year beginning before January 1, 2018, to
each of the 20 taxable years following the taxable year
of the loss, and
``(II) in the case of a net operating loss arising
in a taxable year beginning after December 31, 2017, to
each taxable year following the taxable year of the
loss.''.
(d) Effective Dates.--
(1) Net operating loss limitation.--The amendments made by
subsection (a) shall apply--
(A) to taxable years beginning after December 31, 2017, and
(B) to taxable years beginning on or before December 31,
2017, to which net operating losses arising in taxable years
beginning after December 31, 2017, are carried.
(2) Carryovers and carrybacks.--The amendment made by
subsection (b) shall apply to--
(A) net operating losses arising in taxable years beginning
after December 31, 2017, and
(B) taxable years beginning before, on, or after such date
to which such net operating losses are carried.
(3) Technical amendments.--The amendments made by subsection
(c) shall take effect as if included in the provisions of Public
Law 115-97 to which they relate.
(4) Special rule.--In the case of a net operating loss arising
in a taxable year beginning before January 1, 2018, and ending
after December 31, 2017--
(A) an application under section 6411(a) of the Internal
Revenue Code of 1986 with respect to the carryback of such net
operating loss shall not fail to be treated as timely filed if
filed not later than the date which is 120 days after the date
of the enactment of this Act, and
(B) an election to--
(i) forgo any carryback of such net operating loss,
(ii) reduce any period to which such net operating loss
may be carried back, or
(iii) revoke any election made under section 172(b) to
forgo any carryback of such net operating loss,
shall not fail to be treated as timely made if made not later
than the date which is 120 days after the date of the enactment
of this Act.
SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR TAXPAYERS OTHER
THAN CORPORATIONS.
(a) In General.--Section 461(l)(1) of the Internal Revenue Code of
1986 is amended to read as follows:
``(1) Limitation.--In the case of a taxpayer other than a
corporation--
``(A) for any taxable year beginning after December 31,
2017, and before January 1, 2026, subsection (j) (relating to
limitation on excess farm losses of certain taxpayers) shall
not apply, and
``(B) for any taxable year beginning after December 31,
2020, and before January 1, 2026, any excess business loss of
the taxpayer for the taxable year shall not be allowed.''.
(b) Technical Amendments Relating to Section 11012 of Public Law
115-97.--
(1) Section 461(l)(2) of the Internal Revenue Code of 1986 is
amended by striking ``a net operating loss carryover to the
following taxable year under section 172'' and inserting ``a net
operating loss for the taxable year for purposes of determining any
net operating loss carryover under section 172(b) for subsequent
taxable years''.
(2) Section 461(l)(3)(A) of such Code is amended--
(A) in clause (i), by inserting ``and without regard to any
deduction allowable under section 172 or 199A'' after ``under
paragraph (1)'', and
(B) by adding at the end the following flush sentence:
``Such excess shall be determined without regard to any deductions,
gross income, or gains attributable to any trade or business of
performing services as an employee.''.
(3) Section 461(l)(3) of such Code is amended by redesignating
subparagraph (B) as subparagraph (C) and by inserting after
subparagraph (A) the following new subparagraph:
``(B) Treatment of capital gains and losses.--
``(i) Losses.--Deductions for losses from sales or
exchanges of capital assets shall not be taken into account
under subparagraph (A)(i).
``(ii) Gains.--The amount of gains from sales or
exchanges of capital assets taken into account under
subparagraph (A)(ii) shall not exceed the lesser of--
``(I) the capital gain net income determined by
taking into account only gains and losses attributable
to a trade or business, or
``(II) the capital gain net income.''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 2017.
(2) Technical amendments.--The amendments made by subsection
(b) shall take effect as if included in the provisions of Public
Law 115-97 to which they relate.
SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY
OF CORPORATIONS.
(a) In General.--Section 53(e) of the Internal Revenue Code of 1986
is amended--
(1) by striking ``2018, 2019, 2020, or 2021'' in paragraph (1)
and inserting ``2018 or 2019'', and
(2) by striking ``2021'' in paragraph (2) and inserting
``2019''.
(b) Election to Take Entire Refundable Credit Amount in 2018.--
(1) In general.--Section 53(e) of such Code is amended by
adding at the end the following new paragraph:
``(5) Special rule.--In the case of a corporation making an
election under this paragraph--
``(A) paragraph (1) shall not apply, and
``(B) subsection (c) shall not apply to the first taxable
year of such corporation beginning in 2018.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
(d) Special Rule.--
(1) In general.--For purposes of the Internal Revenue Code of
1986, a credit or refund for which an application described in
paragraph (2)(A) is filed shall be treated as made under section
6411 of such Code.
(2) Tentative refund.--
(A) Application.--A taxpayer may file an application for a
tentative refund of any amount for which a refund is due by
reason of an election under section 53(e)(5) of the Internal
Revenue Code of 1986. Such application shall be in such manner
and form as the Secretary of the Treasury (or the Secretary's
delegate) may prescribe and shall--
(i) be verified in the same manner as an application
under section 6411(a) of such Code,
(ii) be filed prior to December 31, 2020, and
(iii) set forth--
(I) the amount of the refundable credit claimed
under section 53(e) of such Code for such taxable year,
(II) the amount of the refundable credit claimed
under such section for any previously filed return for
such taxable year, and
(III) the amount of the refund claimed.
(B) Allowance of adjustments.--Within a period of 90 days
from the date on which an application is filed under
subparagraph (A), the Secretary of the Treasury (or the
Secretary's delegate) shall--
(i) review the application,
(ii) determine the amount of the overpayment, and
(iii) apply, credit, or refund such overpayment,
in a manner similar to the manner provided in section 6411(b)
of the Internal Revenue Code of 1986.
(C) Consolidated returns.--The provisions of section
6411(c) of the Internal Revenue Code of 1986 Code shall apply
to an adjustment under this paragraph to the same extent and
manner as the Secretary of the Treasury (or the Secretary's
delegate) may provide.
SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS INTEREST.
(a) In General.--Section 163(j) of the Internal Revenue Code of
1986 is amended by redesignating paragraph (10) as paragraph (11) and
by inserting after paragraph (9) the following new paragraph:
``(10) Special rule for taxable years beginning in 2019 and
2020.--
``(A) In general.--
``(i) In general.--Except as provided in clause (ii) or
(iii), in the case of any taxable year beginning in 2019 or
2020, paragraph (1)(B) shall be applied by substituting `50
percent' for `30 percent'.
``(ii) Special rule for partnerships.--In the case of a
partnership--
``(I) clause (i) shall not apply to any taxable
year beginning in 2019, but
``(II) unless a partner elects not to have this
subclause apply, in the case of any excess business
interest of the partnership for any taxable year
beginning in 2019 which is allocated to the partner
under paragraph (4)(B)(i)(II)--
``(aa) 50 percent of such excess business
interest shall be treated as business interest
which, notwithstanding paragraph (4)(B)(ii), is
paid or accrued by the partner in the partner's
first taxable year beginning in 2020 and which is
not subject to the limits of paragraph (1), and
``(bb) 50 percent of such excess business
interest shall be subject to the limitations of
paragraph (4)(B)(ii) in the same manner as any
other excess business interest so allocated.
``(iii) Election out.--A taxpayer may elect, at such
time and in such manner as the Secretary may prescribe, not
to have clause (i) apply to any taxable year. Such an
election, once made, may be revoked only with the consent
of the Secretary. In the case of a partnership, any such
election shall be made by the partnership and may be made
only for taxable years beginning in 2020.
``(B) Election to use 2019 adjusted taxable income for
taxable years beginning in 2020.--
``(i) In general.--Subject to clause (ii), in the case
of any taxable year beginning in 2020, the taxpayer may
elect to apply this subsection by substituting the adjusted
taxable income of the taxpayer for the last taxable year
beginning in 2019 for the adjusted taxable income for such
taxable year. In the case of a partnership, any such
election shall be made by the partnership.
``(ii) Special rule for short taxable years.--If an
election is made under clause (i) for a taxable year which
is a short taxable year, the adjusted taxable income for
the taxpayer's last taxable year beginning in 2019 which is
substituted under clause (i) shall be equal to the amount
which bears the same ratio to such adjusted taxable income
determined without regard to this clause as the number of
months in the short taxable year bears to 12''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2018.
SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALIFIED IMPROVEMENT
PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (e)--
(A) in paragraph (3)(E), by striking ``and'' at the end of
clause (v), by striking the period at the end of clause (vi)
and inserting ``, and'', and by adding at the end the following
new clause:
``(vii) any qualified improvement property.'', and
(B) in paragraph (6)(A), by inserting ``made by the
taxpayer'' after ``any improvement'', and
(2) in the table contained in subsection (g)(3)(B)--
(A) by striking the item relating to subparagraph (D)(v),
and
(B) by inserting after the item relating to subparagraph
(E)(vi) the following new item:
``(E)(vii)................................................
20''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 13204 of Public Law 115-97.
SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR ALCOHOL USED TO
PRODUCE HAND SANITIZER.
(a) In General.--Section 5214(a) of the Internal Revenue Code of
1986 is amended--
(1) in paragraph (13), by striking the period at the end and
inserting ``; or'', and
(2) by adding at the end the following new paragraph:
``(14) with respect to distilled spirits removed after December
31, 2019, and before January 1, 2021, free of tax for use in or
contained in hand sanitizer produced and distributed in a manner
consistent with any guidance issued by the Food and Drug
Administration that is related to the outbreak of virus SARS-CoV-2
or coronavirus disease 2019 (COVID-19).''.
(b) Effective Date.--The amendments made by this section shall
apply to distilled spirits removed after December 31, 2019.
(c) Application of Other Laws.--Any distilled spirits or product
described in paragraph (14) of section 5214(a) of the Internal Revenue
Code of 1986 (as added by this section) shall not be subject to any
requirements related to labeling or bulk sales under--
(1) section 105 or 106 of the Federal Alcohol Administration
Act (27 U.S.C. 205, 206); or
(2) section 204 of the Alcoholic Beverage Labeling Act of 1988
(27 U.S.C. 215).
TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST
THE CORONAVIRUS
Subtitle A--Health Provisions
SEC. 3001. SHORT TITLE.
This subtitle may be cited as the ``Coronavirus Aid, Relief, and
Economic Security Act''.
PART I--ADDRESSING SUPPLY SHORTAGES
Subpart A--Medical Product Supplies
SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA'S MEDICAL PRODUCT
SUPPLY CHAIN SECURITY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall enter
into an agreement with the National Academies of Sciences, Engineering,
and Medicine (referred to in this section as the ``National
Academies'') to examine, and, in a manner that does not compromise
national security, report on, the security of the United States medical
product supply chain.
(b) Purposes.--The report developed under this section shall--
(1) assess and evaluate the dependence of the United States,
including the private commercial sector, States, and the Federal
Government, on critical drugs and devices that are sourced or
manufactured outside of the United States, which may include an
analysis of--
(A) the supply chain of critical drugs and devices of
greatest priority to providing health care;
(B) any potential public health security or national
security risks associated with reliance on critical drugs and
devices sourced or manufactured outside of the United States,
which may include responses to previous or existing shortages
or public health emergencies, such as infectious disease
outbreaks, bioterror attacks, and other public health threats;
(C) any existing supply chain information gaps, as
applicable; and
(D) potential economic impact of increased domestic
manufacturing; and
(2) provide recommendations, which may include a plan to
improve the resiliency of the supply chain for critical drugs and
devices as described in paragraph (1), and to address any supply
vulnerabilities or potential disruptions of such products that
would significantly affect or pose a threat to public health
security or national security, as appropriate, which may include
strategies to--
(A) promote supply chain redundancy and contingency
planning;
(B) encourage domestic manufacturing, including
consideration of economic impacts, if any;
(C) improve supply chain information gaps;
(D) improve planning considerations for medical product
supply chain capacity during public health emergencies; and
(E) promote the accessibility of such drugs and devices.
(c) Input.--In conducting the study and developing the report under
subsection (b), the National Academies shall--
(1) consider input from the Department of Health and Human
Services, the Department of Homeland Security, the Department of
Defense, the Department of Commerce, the Department of State, the
Department of Veterans Affairs, the Department of Justice, and any
other Federal agencies as appropriate; and
(2) consult with relevant stakeholders, which may include
conducting public meetings and other forms of engagement, as
appropriate, with health care providers, medical professional
societies, State-based societies, public health experts, State and
local public health departments, State medical boards, patient
groups, medical product manufacturers, health care distributors,
wholesalers and group purchasing organizations, pharmacists, and
other entities with experience in health care and public health, as
appropriate.
(d) Definitions.--In this section, the terms ``device'' and
``drug'' have the meanings given such terms in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCKPILE TO INCLUDE
CERTAIN TYPES OF MEDICAL SUPPLIES.
Section 319F-2(a)(1) of the Public Health Service Act (42 U.S.C.
247d-6b(a)(1)) is amended by inserting ``(including personal protective
equipment, ancillary medical supplies, and other applicable supplies
required for the administration of drugs, vaccines and other biological
products, medical devices, and diagnostic tests in the stockpile)''
after ``other supplies''.
SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DEVICES AS COVERED
COUNTERMEASURES.
Section 319F-3(i)(1)(D) of the Public Health Service Act (42 U.S.C.
247d-6d(i)(1)(D)) is amended to read as follows:
``(D) a respiratory protective device that is approved by
the National Institute for Occupational Safety and Health under
part 84 of title 42, Code of Federal Regulations (or any
successor regulations), and that the Secretary determines to be
a priority for use during a public health emergency declared
under section 319.''.
Subpart B--Mitigating Emergency Drug Shortages
SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLICATIONS; INCENTIVES.
Section 506C(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356c(g)) is amended--
(1) in paragraph (1), by striking ``the Secretary may'' and
inserting ``the Secretary shall, as appropriate'';
(2) in paragraph (1), by inserting ``prioritize and'' before
``expedite the review''; and
(3) in paragraph (2), by inserting ``prioritize and'' before
``expedite an inspection''.
SEC. 3112. ADDITIONAL MANUFACTURER REPORTING REQUIREMENTS IN RESPONSE
TO DRUG SHORTAGES.
(a) Expansion To Include Active Pharmaceutical Ingredients.--
Subsection (a) of section 506C of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 356c) is amended--
(1) in paragraph (1)(C), by inserting ``or any such drug that
is critical to the public health during a public health emergency
declared by the Secretary under section 319 of the Public Health
Service Act'' after ``during surgery''; and
(2) in the flush text at the end--
(A) by inserting ``, or a permanent discontinuance in the
manufacture of an active pharmaceutical ingredient or an
interruption in the manufacture of the active pharmaceutical
ingredient of such drug that is likely to lead to a meaningful
disruption in the supply of the active pharmaceutical
ingredient of such drug,'' before ``and the reasons''; and
(B) by adding at the end the following: ``Notification
under this subsection shall include disclosure of reasons for
the discontinuation or interruption, and if applicable, an
active pharmaceutical ingredient is a reason for, or risk
factor in, such discontinuation or interruption, the source of
the active pharmaceutical ingredient and any alternative
sources for the active pharmaceutical ingredient known by the
manufacturer; whether any associated device used for
preparation or administration included in the drug is a reason
for, or a risk factor in, such discontinuation or interruption;
the expected duration of the interruption; and such other
information as the Secretary may require.''.
(b) Risk Management.--Section 506C of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the
following:
``(j) Risk Management Plans.--Each manufacturer of a drug described
in subsection (a) or of any active pharmaceutical ingredient or any
associated medical device used for preparation or administration
included in the drug, shall develop, maintain, and implement, as
appropriate, a redundancy risk management plan that identifies and
evaluates risks to the supply of the drug, as applicable, for each
establishment in which such drug or active pharmaceutical ingredient of
such drug is manufactured. A risk management plan under this section
shall be subject to inspection and copying by the Secretary pursuant to
an inspection or a request under section 704(a)(4).''.
(c) Annual Notification.--Section 506E of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356e) is amended by adding at the end the
following:
``(d) Interagency Notification.--Not later than 180 days after the
date of enactment of this subsection, and every 90 days thereafter, the
Secretary shall transmit a report regarding the drugs of the current
drug shortage list under this section to the Administrator of the
Centers for Medicare & Medicaid Services.''.
(d) Reporting After Inspections.--Section 704(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 374(b)) is amended--
(1) by redesignating paragraphs (1) and (2) and subparagraphs
(A) and (B);
(2) by striking ``(b) Upon completion'' and inserting ``(b)(1)
Upon completion''; and
(3) by adding at the end the following:
``(2) In carrying out this subsection with respect to any
establishment manufacturing a drug approved under subsection (c) or (j)
of section 505 for which a notification has been submitted in
accordance with section 506C is, or has been in the last 5 years,
listed on the drug shortage list under section 506E, or that is
described in section 505(j)(11)(A), a copy of the report shall be sent
promptly to the appropriate offices of the Food and Drug Administration
with expertise regarding drug shortages.''.
(e) Reporting Requirement.--Section 510(j) of the Federal Food,
Drug, Cosmetic Act (21 U.S.C. 360(j)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3)(A) Each person who registers with the Secretary under
this section with regard to a drug shall report annually to the
Secretary on the amount of each drug listed under paragraph (1)
that was manufactured, prepared, propagated, compounded, or
processed by such person for commercial distribution. Such
information may be required to be submitted in an electronic format
as determined by the Secretary. The Secretary may require that
information required to be reported under this paragraph be
submitted at the time a public health emergency is declared by the
Secretary under section 319 of the Public Health Service Act.
``(B) By order of the Secretary, certain biological products or
categories of biological products regulated under section 351 of
the Public Health Service Act may be exempt from some or all of the
reporting requirements under subparagraph (A), if the Secretary
determines that applying such reporting requirements to such
biological products or categories of biological products is not
necessary to protect the public health.''.
(f) Confidentiality.--Nothing in the amendments made by this
section shall be construed as authorizing the Secretary to disclose any
information that is a trade secret or confidential information subject
to section 552(b)(4) of title 5, United States Code, or section 1905 of
title 18, United States Code.
(g) Effective Date.--The amendments made by this section and
section 3111 shall take effect on the date that is 180 days after the
date of enactment of this Act.
Subpart C--Preventing Medical Device Shortages
SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF MEDICAL
DEVICES.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506I the following:
``SEC. 506J. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF
MEDICAL DEVICES.
``(a) In General.--A manufacturer of a device that--
``(1) is critical to public health during a public health
emergency, including devices that are life-supporting, life-
sustaining, or intended for use in emergency medical care or during
surgery; or
``(2) for which the Secretary determines that information on
potential meaningful supply disruptions of such device is needed
during, or in advance of, a public health emergency;
shall, during, or in advance of, a public health emergency declared by
the Secretary under section 319 of the Public Health Service Act,
notify the Secretary, in accordance with subsection (b), of a permanent
discontinuance in the manufacture of the device (except for
discontinuances as a result of an approved modification of the device)
or an interruption of the manufacture of the device that is likely to
lead to a meaningful disruption in the supply of that device in the
United States, and the reasons for such discontinuance or interruption.
``(b) Timing.--A notice required under subsection (a) shall be
submitted to the Secretary--
``(1) at least 6 months prior to the date of the discontinuance
or interruption; or
``(2) if compliance with paragraph (1) is not possible, as soon
as practicable.
``(c) Distribution.--
``(1) Public availability.--To the maximum extent practicable,
subject to paragraph (2), the Secretary shall distribute, through
such means as the Secretary determines appropriate, information on
the discontinuance or interruption of the manufacture of devices
reported under subsection (a) to appropriate organizations,
including physician, health provider, patient organizations, and
supply chain partners, as appropriate and applicable, as described
in subsection (g).
``(2) Public health exception.--The Secretary may choose not to
make information collected under this section publicly available
pursuant to this section if the Secretary determines that
disclosure of such information would adversely affect the public
health, such as by increasing the possibility of unnecessary over
purchase of product, component parts, or other disruption of the
availability of medical products to patients.
``(d) Confidentiality.--Nothing in this section shall be construed
as authorizing the Secretary to disclose any information that is a
trade secret or confidential information subject to section 552(b)(4)
of title 5, United States Code, or section 1905 of title 18, United
States Code.
``(e) Failure To Meet Requirements.--If a person fails to submit
information required under subsection (a) in accordance with subsection
(b)--
``(1) the Secretary shall issue a letter to such person
informing such person of such failure;
``(2) not later than 30 calendar days after the issuance of a
letter under paragraph (1), the person who receives such letter
shall submit to the Secretary a written response to such letter
setting forth the basis for noncompliance and providing information
required under subsection (a); and
``(3) not later than 45 calendar days after the issuance of a
letter under paragraph (1), the Secretary shall make such letter
and any response to such letter under paragraph (2) available to
the public on the internet website of the Food and Drug
Administration, with appropriate redactions made to protect
information described in subsection (d), except that, if the
Secretary determines that the letter under paragraph (1) was issued
in error or, after review of such response, the person had a
reasonable basis for not notifying as required under subsection
(a), the requirements of this paragraph shall not apply.
``(f) Expedited Inspections and Reviews.--If, based on
notifications described in subsection (a) or any other relevant
information, the Secretary concludes that there is, or is likely to be,
a shortage of an device, the Secretary shall, as appropriate--
``(1) prioritize and expedite the review of a submission under
section 513(f)(2), 515, review of a notification under section
510(k), or 520(m) for a device that could help mitigate or prevent
such shortage; or
``(2) prioritize and expedite an inspection or reinspection of
an establishment that could help mitigate or prevent such shortage.
``(g) Device Shortage List.--
``(1) Establishment.--The Secretary shall establish and
maintain an up-to-date list of devices that are determined by the
Secretary to be in shortage in the United States.
``(2) Contents.--For each device included on the list under
paragraph (1), the Secretary shall include the following
information:
``(A) The category or name of the device in shortage.
``(B) The name of each manufacturer of such device.
``(C) The reason for the shortage, as determined by the
Secretary, selecting from the following categories:
``(i) Requirements related to complying with good
manufacturing practices.
``(ii) Regulatory delay.
``(iii) Shortage or discontinuance of a component or
part.
``(iv) Discontinuance of the manufacture of the device.
``(v) Delay in shipping of the device.
``(vi) Delay in sterilization of the device.
``(vii) Demand increase for the device.
``(viii) Facility closure.
``(D) The estimated duration of the shortage as determined
by the Secretary.
``(3) Public availability.--
``(A) In general.--Subject to subparagraphs (B) and (C),
the Secretary shall make the information in the list under
paragraph (1) publicly available.
``(B) Trade secrets and confidential information.--Nothing
in this subsection shall be construed to alter or amend section
1905 of title 18, United States Code, or section 552(b)(4) of
title 5 of such Code.
``(C) Public health exception.--The Secretary may elect not
to make information collected under this subsection publicly
available if the Secretary determines that disclosure of such
information would adversely affect the public health (such as
by increasing the possibility of hoarding or other disruption
of the availability of the device to patients).
``(h) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of the Secretary on the date of
enactment of this section to expedite the review of devices under
section 515 of the Federal Food, Drug, and Cosmetic Act, section 515B
of such Act relating to the priority review program for devices, and
section 564 of such Act relating to the emergency use authorization
authorities.
``(i) Definitions.--In this section:
``(1) Meaningful disruption.--The term `meaningful
disruption'--
``(A) means a change in production that is reasonably
likely to lead to a reduction in the supply of a device by a
manufacturer that is more than negligible and affects the
ability of the manufacturer to fill orders or meet expected
demand for its product;
``(B) does not include interruptions in manufacturing due
to matters such as routine maintenance or insignificant changes
in manufacturing so long as the manufacturer expects to resume
operations in a short period of time, not to exceed 6 months;
``(C) does not include interruptions in manufacturing of
components or raw materials so long as such interruptions do
not result in a shortage of the device and the manufacturer
expects to resume operations in a reasonable period of time;
and
``(D) does not include interruptions in manufacturing that
do not lead to a reduction in procedures or diagnostic tests
associated with a medical device designed to perform more than
one procedure or diagnostic test.
``(2) Shortage.--The term `shortage', with respect to a device,
means a period of time when the demand or projected demand for the
device within the United States exceeds the supply of the
device.''.
PART II--ACCESS TO HEALTH CARE FOR COVID-19 PATIENTS
Subpart A--Coverage of Testing and Preventive Services
SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING FOR COVID-19.
Paragraph (1) of section 6001(a) of division F of the Families
First Coronavirus Response Act (Public Law 116-127) is amended to read
as follows:
``(1) An in vitro diagnostic test defined in section 809.3 of
title 21, Code of Federal Regulations (or successor regulations)
for the detection of SARS-CoV-2 or the diagnosis of the virus that
causes COVID-19, and the administration of such a test, that--
``(A) is approved, cleared, or authorized under section
510(k), 513, 515, or 564 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3);
``(B) the developer has requested, or intends to request,
emergency use authorization under section 564 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3), unless and
until the emergency use authorization request under such
section 564 has been denied or the developer of such test does
not submit a request under such section within a reasonable
timeframe;
``(C) is developed in and authorized by a State that has
notified the Secretary of Health and Human Services of its
intention to review tests intended to diagnose COVID-19; or
``(D) other test that the Secretary determines appropriate
in guidance.''.
SEC. 3202. PRICING OF DIAGNOSTIC TESTING.
(a) Reimbursement Rates.--A group health plan or a health insurance
issuer providing coverage of items and services described in section
6001(a) of division F of the Families First Coronavirus Response Act
(Public Law 116-127) with respect to an enrollee shall reimburse the
provider of the diagnostic testing as follows:
(1) If the health plan or issuer has a negotiated rate with
such provider in effect before the public health emergency declared
under section 319 of the Public Health Service Act (42 U.S.C.
247d), such negotiated rate shall apply throughout the period of
such declaration.
(2) If the health plan or issuer does not have a negotiated
rate with such provider, such plan or issuer shall reimburse the
provider in an amount that equals the cash price for such service
as listed by the provider on a public internet website, or such
plan or issuer may negotiate a rate with such provider for less
than such cash price.
(b) Requirement to Publicize Cash Price for Diagnostic Testing for
COVID-19.--
(1) In general.--During the emergency period declared under
section 319 of the Public Health Service Act (42 U.S.C. 247d), each
provider of a diagnostic test for COVID-19 shall make public the
cash price for such test on a public internet website of such
provider.
(2) Civil monetary penalties.--The Secretary of Health and
Human Services may impose a civil monetary penalty on any provider
of a diagnostic test for COVID-19 that is not in compliance with
paragraph (1) and has not completed a corrective action plan to
comply with the requirements of such paragraph, in an amount not to
exceed $300 per day that the violation is ongoing.
SEC. 3203. RAPID COVERAGE OF PREVENTIVE SERVICES AND VACCINES FOR
CORONAVIRUS.
(a) In General.--Notwithstanding 2713(b) of the Public Health
Service Act (42 U.S.C. 300gg-13), the Secretary of Health and Human
Services, the Secretary of Labor, and the Secretary of the Treasury
shall require group health plans and health insurance issuers offering
group or individual health insurance to cover (without cost-sharing)
any qualifying coronavirus preventive service, pursuant to section
2713(a) of the Public Health Service Act (42 U.S.C. 300gg-13(a))
(including the regulations under sections 2590.715-2713 of title 29,
Code of Federal Regulations, section 54.9815-2713 of title 26, Code of
Federal Regulations, and section 147.130 of title 45, Code of Federal
Regulations (or any successor regulations)). The requirement described
in this subsection shall take effect with respect to a qualifying
coronavirus preventive service on the specified date described in
subsection (b)(2).
(b) Definitions.--For purposes of this section:
(1) Qualifying coronavirus preventive service.--The term
``qualifying coronavirus preventive service'' means an item,
service, or immunization that is intended to prevent or mitigate
coronavirus disease 2019 and that is--
(A) an evidence-based item or service that has in effect a
rating of ``A'' or ``B'' in the current recommendations of the
United States Preventive Services Task Force; or
(B) an immunization that has in effect a recommendation
from the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention with respect to the
individual involved.
(2) Specified date.--The term ``specified date'' means the date
that is 15 business days after the date on which a recommendation
is made relating to the qualifying coronavirus preventive service
as described in such paragraph.
(3) Additional terms.--In this section, the terms ``group
health plan'', ``health insurance issuer'', ``group health
insurance coverage'', and ``individual health insurance coverage''
have the meanings given such terms in section 2791 of the Public
Health Service Act (42 U.S.C. 300gg-91), section 733 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b),
and section 9832 of the Internal Revenue Code, as applicable.
Subpart B--Support for Health Care Providers
SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS.
(a) Supplemental Awards.--Section 330(r) of the Public Health
Service Act (42 U.S.C. 254b(r)) is amended by adding at the end the
following:
``(6) Additional amounts for supplemental awards.--In addition
to any amounts made available pursuant to this subsection, section
402A of this Act, or section 10503 of the Patient Protection and
Affordable Care Act, there is authorized to be appropriated, and
there is appropriated, out of any monies in the Treasury not
otherwise appropriated, $1,320,000,000 for fiscal year 2020 for
supplemental awards under subsection (d) for the detection of SARS-
CoV-2 or the prevention, diagnosis, and treatment of COVID-19.''.
(b) Application of Provisions.--Amounts appropriated pursuant to
the amendment made by subsection (a) for fiscal year 2020 shall be
subject to the requirements contained in Public Law 116-94 for funds
for programs authorized under sections 330 through 340 of the Public
Health Service Act (42 U.S.C. 254 through 256).
SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT
PROGRAMS.
Section 330I of the Public Health Service Act (42 U.S.C. 254c-14)
is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``projects to demonstrate how telehealth
technologies can be used through telehealth networks'' and
inserting ``evidence-based projects that utilize telehealth
technologies through telehealth networks'';
(ii) in subparagraph (A)--
(I) by striking ``the quality of'' and inserting
``access to, and the quality of,''; and
(II) by inserting ``and'' after the semicolon;
(iii) by striking subparagraph (B);
(iv) by redesignating subparagraph (C) as subparagraph
(B); and
(v) in subparagraph (B), as so redesignated, by
striking ``and patients and their families, for
decisionmaking'' and inserting ``, patients, and their
families''; and
(B) in paragraph (2)--
(i) by striking ``demonstrate how telehealth
technologies can be used'' and inserting ``support
initiatives that utilize telehealth technologies''; and
(ii) by striking ``, to establish telehealth resource
centers'';
(2) in subsection (e), by striking ``4 years'' and inserting
``5 years'';
(3) in subsection (f)--
(A) by striking paragraph (2);
(B) in paragraph (1)(B)--
(i) by redesignating clauses (i) through (iii) as
paragraphs (1) through (3), respectively, and adjusting the
margins accordingly;
(ii) in paragraph (3), as so redesignated by clause
(i), by redesignating subclauses (I) through (XII) as
subparagraphs (A) through (L), respectively, and adjusting
the margins accordingly; and
(iii) by striking ``(1) Telehealth network grants--''
and all that follows through ``(B) Telehealth networks--'';
and
(C) in paragraph (3)(I), as so redesignated, by inserting
``and substance use disorder'' after ``mental health'' each
place such term appears;
(4) in subsection (g)(2), by striking ``or improve'' and
inserting ``and improve'';
(5) by striking subsection (h);
(6) by redesignating subsections (i) through (p) as subsection
(h) through (o), respectively;
(7) in subsection (h), as so redesignated--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``mental health,
public health, long-term care, home care, preventive'' and
inserting ``mental health care, public health services,
long-term care, home care, preventive care'';
(ii) in subparagraph (E), by inserting ``and regional''
after ``local''; and
(iii) by striking subparagraph (F); and
(B) in paragraph (2)(A), by striking ``medically
underserved areas or'' and inserting ``rural areas, medically
underserved areas, or'';
(8) in paragraph (2) of subsection (i), as so redesignated, by
striking ``ensure that--'' and all that follows through the end of
subparagraph (B) and inserting ``ensure that not less than 50
percent of the funds awarded shall be awarded for projects in rural
areas.'';
(9) in subsection (j), as so redesignated--
(A) in paragraph (1)(B), by striking ``computer hardware
and software, audio and video equipment, computer network
equipment, interactive equipment, data terminal equipment, and
other''; and
(B) in paragraph (2)(F), by striking ``health care
providers and'';
(10) in subsection (k), as so redesignated--
(A) in paragraph (2), by striking ``40 percent'' and
inserting ``20 percent''; and
(B) in paragraph (3), by striking ``(such as laying cable
or telephone lines, or purchasing or installing microwave
towers, satellite dishes, amplifiers, or digital switching
equipment)'';
(11) by striking subsections (q) and (r) and inserting the
following:
``(p) Report.--Not later than 4 years after the date of enactment
of the Coronavirus Aid, Relief, and Economic Security Act, and every 5
years thereafter, the Secretary shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report on the activities and outcomes of the grant programs under
subsection (b).'';
(12) by redesignating subsection (s) as subsection (q); and
(13) in subsection (q), as so redesignated, by striking ``this
section--'' and all that follows through the end of paragraph (2)
and inserting ``this section $29,000,000 for each of fiscal years
2021 through 2025.''.
SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH NETWORK
DEVELOPMENT, AND SMALL HEALTH CARE PROVIDER QUALITY IMPROVEMENT GRANT
PROGRAMS.
Section 330A of the Public Health Service Act (42 U.S.C. 254c) is
amended--
(1) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``essential'' and
inserting ``basic''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by inserting
``to'' after ``grants''; and
(ii) in clauses (i), (ii), and (iii), by striking
``to'' each place such term appears;
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by inserting ``improving and'' after ``outreach
by'';
(ii) by inserting ``, through community engagement and
evidence-based or innovative, evidence-informed models''
before the period of the first sentence; and
(iii) by striking ``3 years'' and inserting ``5
years'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
inserting ``shall'' after ``entity'';
(ii) in subparagraph (A), by striking ``shall be a
rural public or rural nonprofit private entity'' and
inserting ``be an entity with demonstrated experience
serving, or the capacity to serve, rural underserved
populations'';
(iii) in subparagraphs (B) and (C), by striking
``shall'' each place such term appears; and
(iv) in subparagraph (B)--
(I) in the matter preceding clause (i), by
inserting ``that'' after ``members''; and
(II) in clauses (i) and (ii), by striking ``that''
each place such term appears; and
(C) in paragraph (3)(C), by striking ``the local community
or region'' and inserting ``the rural underserved populations
in the local community or region'';
(3) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``promote, through planning and implementation, the
development of integrated health care networks that
have combined the functions of the entities
participating in the networks'' and inserting ``plan,
develop, and implement integrated health care networks
that collaborate''; and
(II) in clause (ii), by striking ``essential health
care services'' and inserting ``basic health care
services and associated health outcomes''; and
(ii) by amending subparagraph (B) to read as follows:
``(B) Grant periods.--The Director may award grants under
this subsection for periods of not more than 5 years.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
inserting ``shall'' after ``entity'';
(ii) in subparagraph (A), by striking ``shall be a
rural public or rural nonprofit private entity'' and
inserting ``be an entity with demonstrated experience
serving, or the capacity to serve, rural underserved
populations'';
(iii) in subparagraph (B)--
(I) in the matter preceding clause (i)--
(aa) by striking ``shall''; and
(bb) by inserting ``that'' after
``participants''; and
(II) in clauses (i) and (ii), by striking ``that''
each place such term appears; and
(iv) in subparagraph (C), by striking ``shall''; and
(C) in paragraph (3)--
(i) by amending clause (iii) of subparagraph (C) to
read as follows:
``(iii) how the rural underserved populations in the
local community or region to be served will benefit from
and be involved in the development and ongoing operations
of the network;''; and
(ii) in subparagraph (D), by striking ``the local
community or region'' and inserting ``the rural underserved
populations in the local community or region'';
(4) in subsection (g)--
(A) in paragraph (1)--
(i) by inserting ``, including activities related to
increasing care coordination, enhancing chronic disease
management, and improving patient health outcomes'' before
the period of the first sentence; and
(ii) by striking ``3 years'' and inserting ``5 years'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
inserting ``shall'' after ``entity'';
(ii) in subparagraphs (A) and (B), by striking
``shall'' each place such term appears; and
(iii) in subparagraph (A)(ii), by inserting ``or
regional'' after ``local''; and
(C) in paragraph (3)(D), by striking ``the local community
or region'' and inserting ``the rural underserved populations
in the local community or region'';
(5) in subsection (h)(3), in the matter preceding subparagraph
(A), by inserting ``, as appropriate,'' after ``the Secretary'';
(6) by amending subsection (i) to read as follows:
``(i) Report.--Not later than 4 years after the date of enactment
of the Coronavirus Aid, Relief, and Economic Security Act, and every 5
years thereafter, the Secretary shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report on the activities and outcomes of the grant programs under
subsections (e), (f), and (g), including the impact of projects funded
under such programs on the health status of rural residents with
chronic conditions.''; and
(7) in subsection (j), by striking ``$45,000,000 for each of
fiscal years 2008 through 2012'' and inserting ``$79,500,000 for
each of fiscal years 2021 through 2025''.
SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION.
(a) Commissioned Corps and Ready Reserve Corps.--Section 203 of the
Public Health Service Act (42 U.S.C. 204) is amended--
(1) in subsection (a)(1), by striking ``a Ready Reserve Corps
for service in time of national emergency'' and inserting ``, for
service in time of a public health or national emergency, a Ready
Reserve Corps''; and
(2) in subsection (c)--
(A) in the heading, by striking ``Research'' and inserting
``Reserve Corps'';
(B) in paragraph (1), by inserting ``during public health
or national emergencies'' before the period;
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
inserting ``, consistent with paragraph (1)'' after
``shall'';
(ii) in subparagraph (C), by inserting ``during such
emergencies'' after ``members''; and
(iii) in subparagraph (D), by inserting ``, consistent
with subparagraph (C)'' before the period; and
(D) by adding at the end the following:
``(3) Statutory references to reserve.--A reference in any
Federal statute, except in the case of subsection (b), to the
`Reserve Corps' of the Public Health Service or to the `reserve' of
the Public Health Service shall be deemed to be a reference to the
Ready Reserve Corps.''.
(b) Deployment Readiness.--Section 203A(a)(1)(B) of the Public
Health Service Act (42 U.S.C. 204a(a)(1)(B)) is amended by striking
``Active Reserves'' and inserting ``Ready Reserve Corps''.
(c) Retirement of Commissioned Officers.--Section 211 of the Public
Health Service Act (42 U.S.C. 212) is amended--
(1) by striking ``the Service'' each place it appears and
inserting ``the Regular Corps'';
(2) in subsection (a)(4), by striking ``(in the case of an
officer in the Reserve Corps)'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``or an officer of the Reserve Corps'';
and
(ii) by inserting ``or under section 221(a)(19)'' after
``subsection (a)''; and
(B) in paragraph (2), by striking ``Regular or Reserve
Corps'' and inserting ``Regular Corps or Ready Reserve Corps'';
and
(4) in subsection (f), by striking ``the Regular or Reserve
Corps of''.
(d) Rights, Privileges, etc. of Officers and Surviving
Beneficiaries.--Section 221 of the Public Health Service Act (42 U.S.C.
213a) is amended--
(1) in subsection (a), by adding at the end the following:
``(19) Chapter 1223, Retired Pay for Non-Regular Service.
``(20) Section 12601, Compensation: Reserve on active duty
accepting from any person.
``(21) Section 12684, Reserves: separation for absence without
authority or sentence to imprisonment.''; and
(2) in subsection (b)--
(A) by striking ``Secretary of Health, Education, and
Welfare or his designee'' and inserting ``Secretary of Health
and Human Services or the designee of such secretary'';
(B) by striking ``(b) The authority vested'' and inserting
the following:
``(b)(1) The authority vested'';
(C) by striking ``For purposes of'' and inserting the
following:
``(2) For purposes of''; and
(D) by adding at the end the following:
``(3) For purposes of paragraph (19) of subsection (a), the terms
`Military department', `Secretary concerned', and `Armed forces' in
such title 10 shall be deemed to include, respectively, the Department
of Health and Human Services, the Secretary of Health and Human
Services, and the Commissioned Corps.''.
(e) Technical Amendments.--Title II of the Public Health Service
Act (42 U.S.C. 202 et seq.) is amended--
(1) in sections 204 and 207(c), by striking ``Regular or
Reserve Corps'' each place it appears and inserting ``Regular Corps
or Ready Reserve Corps'';
(2) in section 208(a), by striking ``Regular and Reserve
Corps'' each place it appears and inserting ``Regular Corps and
Ready Reserve Corps''; and
(3) in section 205(c), 206(c), 210, and 219, and in subsections
(a), (b), and (d) of section 207, by striking ``Reserve Corps''
each place it appears and inserting ``Ready Reserve Corps''.
SEC. 3215. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS DURING COVID-19 EMERGENCY RESPONSE.
(a) Limitation on Liability.--Except as provided in subsection (b),
a health care professional shall not be liable under Federal or State
law for any harm caused by an act or omission of the professional in
the provision of health care services during the public health
emergency with respect to COVID-19 declared by the Secretary of Health
and Human Services (referred to in this section as the ``Secretary'')
under section 319 of the Public Health Service Act (42 U.S.C. 247d) on
January 31, 2020, if--
(1) the professional is providing health care services in
response to such public health emergency, as a volunteer; and
(2) the act or omission occurs--
(A) in the course of providing health care services;
(B) in the health care professional's capacity as a
volunteer;
(C) in the course of providing health care services that--
(i) are within the scope of the license, registration,
or certification of the volunteer, as defined by the State
of licensure, registration, or certification; and
(ii) do not exceed the scope of license, registration,
or certification of a substantially similar health
professional in the State in which such act or omission
occurs; and
(D) in a good faith belief that the individual being
treated is in need of health care services.
(b) Exceptions.--Subsection (a) does not apply if--
(1) the harm was caused by an act or omission constituting
willful or criminal misconduct, gross negligence, reckless
misconduct, or a conscious flagrant indifference to the rights or
safety of the individual harmed by the health care professional; or
(2) the health care professional rendered the health care
services under the influence (as determined pursuant to applicable
State law) of alcohol or an intoxicating drug.
(c) Preemption.--
(1) In general.--This section preempts the laws of a State or
any political subdivision of a State to the extent that such laws
are inconsistent with this section, unless such laws provide
greater protection from liability.
(2) Volunteer protection act.--Protections afforded by this
section are in addition to those provided by the Volunteer
Protection Act of 1997 (Public Law 105-19).
(d) Definitions.--In this section--
(1) the term ``harm'' includes physical, nonphysical, economic,
and noneconomic losses;
(2) the term ``health care professional'' means an individual
who is licensed, registered, or certified under Federal or State
law to provide health care services;
(3) the term ``health care services'' means any services
provided by a health care professional, or by any individual
working under the supervision of a health care professional that
relate to--
(A) the diagnosis, prevention, or treatment of COVID-19; or
(B) the assessment or care of the health of a human being
related to an actual or suspected case of COVID-19; and
(4) the term ``volunteer'' means a health care professional
who, with respect to the health care services rendered, does not
receive compensation or any other thing of value in lieu of
compensation, which compensation--
(A) includes a payment under any insurance policy or health
plan, or under any Federal or State health benefits program;
and
(B) excludes--
(i) receipt of items to be used exclusively for
rendering health care services in the health care
professional's capacity as a volunteer described in
subsection (a)(1); and
(ii) any reimbursement for travel to the site where the
volunteer services are rendered and any payments in cash or
kind to cover room and board, if services are being
rendered more than 75 miles from the volunteer's principal
place of residence.
(e) Effective Date.--This section shall take effect upon the date
of enactment of this Act, and applies to a claim for harm only if the
act or omission that caused such harm occurred on or after the date of
enactment.
(f) Sunset.--This section shall be in effect only for the length of
the public health emergency declared by the Secretary of Health and
Human Services (referred to in this section as the ``Secretary'') under
section 319 of the Public Health Service Act (42 U.S.C. 247d) on
January 31, 2020 with respect to COVID-19.
SEC. 3216. FLEXIBILITY FOR MEMBERS OF NATIONAL HEALTH SERVICE CORPS
DURING EMERGENCY PERIOD.
During 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, the Secretary may, notwithstanding section 333 of the Public
Health Service Act (42 U.S.C. 254f), assign members of the National
Health Service Corps, with the voluntary agreement of such corps
members, to provide such health services at such places, and for such
number of hours, as the Secretary determines necessary to respond to
such emergency, provided that such places are within a reasonable
distance of the site to which such members were originally assigned,
and the total number of hours required are the same as were required of
such members prior to the date of enactment of this Act.
Subpart C--Miscellaneous Provisions
SEC. 3221. CONFIDENTIALITY AND DISCLOSURE OF RECORDS RELATING TO
SUBSTANCE USE DISORDER.
(a) Conforming Changes Relating to Substance Use Disorder.--
Subsections (a) and (h) of section 543 of the Public Health Service Act
(42 U.S.C. 290dd-2) are each amended by striking ``substance abuse''
and inserting ``substance use disorder''.
(b) Disclosures to Covered Entities Consistent With HIPAA.--
Paragraph (1) of section 543(b) of the Public Health Service Act (42
U.S.C. 290dd-2(b)) is amended to read as follows:
``(1) Consent.--The following shall apply with respect to the
contents of any record referred to in subsection (a):
``(A) Such contents may be used or disclosed in accordance
with the prior written consent of the patient with respect to
whom such record is maintained.
``(B) Once prior written consent of the patient has been
obtained, such contents may be used or disclosed by a covered
entity, business associate, or a program subject to this
section for purposes of treatment, payment, and health care
operations as permitted by the HIPAA regulations. Any
information so disclosed may then be redisclosed in accordance
with the HIPAA regulations. Section 13405(c) of the Health
Information Technology and Clinical Health Act (42 U.S.C.
17935(c)) shall apply to all disclosures pursuant to subsection
(b)(1) of this section.
``(C) It shall be permissible for a patient's prior written
consent to be given once for all such future uses or
disclosures for purposes of treatment, payment, and health care
operations, until such time as the patient revokes such consent
in writing.
``(D) Section 13405(a) of the Health Information Technology
and Clinical Health Act (42 U.S.C. 17935(a)) shall apply to all
disclosures pursuant to subsection (b)(1) of this section.''.
(c) Disclosures of De-Identified Health Information to Public
Health Authorities.--Paragraph (2) of section 543(b) of the Public
Health Service Act (42 U.S.C. 290dd-2(b)), is amended by adding at the
end the following:
``(D) To a public health authority, so long as such content
meets the standards established in section 164.514(b) of title
45, Code of Federal Regulations (or successor regulations) for
creating de-identified information.''.
(d) Definitions.--Section 543 of the Public Health Service Act (42
U.S.C. 290dd-2) is amended by adding at the end the following:
``(k) Definitions.--For purposes of this section:
``(1) Breach.--The term `breach' has the meaning given such
term for purposes of the HIPAA regulations.
``(2) Business associate.--The term `business associate' has
the meaning given such term for purposes of the HIPAA regulations.
``(3) Covered entity.--The term `covered entity' has the
meaning given such term for purposes of the HIPAA regulations.
``(4) Health care operations.--The term `health care
operations' has the meaning given such term for purposes of the
HIPAA regulations.
``(5) HIPAA regulations.--The term `HIPAA regulations' has the
meaning given such term for purposes of parts 160 and 164 of title
45, Code of Federal Regulations.
``(6) Payment.--The term `payment' has the meaning given such
term for purposes of the HIPAA regulations.
``(7) Public health authority.--The term `public health
authority' has the meaning given such term for purposes of the
HIPAA regulations.
``(8) Treatment.--The term `treatment' has the meaning given
such term for purposes of the HIPAA regulations.
``(9) Unsecured protected health information.--The term
`unprotected health information' has the meaning given such term
for purposes of the HIPAA regulations.''.
(e) Use of Records in Criminal, Civil, or Administrative
Investigations, Actions, or Proceedings.--Subsection (c) of section 543
of the Public Health Service Act (42 U.S.C. 290dd-2(c)) is amended to
read as follows:
``(c) Use of Records in Criminal, Civil, or Administrative
Contexts.--Except as otherwise authorized by a court order under
subsection (b)(2)(C) or by the consent of the patient, a record
referred to in subsection (a), or testimony relaying the information
contained therein, may not be disclosed or used in any civil, criminal,
administrative, or legislative proceedings conducted by any Federal,
State, or local authority, against a patient, including with respect to
the following activities:
``(1) Such record or testimony shall not be entered into
evidence in any criminal prosecution or civil action before a
Federal or State court.
``(2) Such record or testimony shall not form part of the
record for decision or otherwise be taken into account in any
proceeding before a Federal, State, or local agency.
``(3) Such record or testimony shall not be used by any
Federal, State, or local agency for a law enforcement purpose or to
conduct any law enforcement investigation.
``(4) Such record or testimony shall not be used in any
application for a warrant.''.
(f) Penalties.--Subsection (f) of section 543 of the Public Health
Service Act (42 U.S.C. 290dd-2) is amended to read as follows:
``(f) Penalties.--The provisions of sections 1176 and 1177 of the
Social Security Act shall apply to a violation of this section to the
extent and in the same manner as such provisions apply to a violation
of part C of title XI of such Act. In applying the previous sentence--
``(1) the reference to `this subsection' in subsection (a)(2)
of such section 1176 shall be treated as a reference to `this
subsection (including as applied pursuant to section 543(f) of the
Public Health Service Act)'; and
``(2) in subsection (b) of such section 1176--
``(A) each reference to `a penalty imposed under subsection
(a)' shall be treated as a reference to `a penalty imposed
under subsection (a) (including as applied pursuant to section
543(f) of the Public Health Service Act)'; and
``(B) each reference to `no damages obtained under
subsection (d)' shall be treated as a reference to `no damages
obtained under subsection (d) (including as applied pursuant to
section 543(f) of the Public Health Service Act)'.''.
(g) Antidiscrimination.--Section 543 of the Public Health Service
Act (42 U.S.C. 290dd-2) is amended by inserting after subsection (h)
the following:
``(i) Antidiscrimination.--
``(1) In general.--No entity shall discriminate against an
individual on the basis of information received by such entity
pursuant to an inadvertent or intentional disclosure of records, or
information contained in records, described in subsection (a) in--
``(A) admission, access to, or treatment for health care;
``(B) hiring, firing, or terms of employment, or receipt of
worker's compensation;
``(C) the sale, rental, or continued rental of housing;
``(D) access to Federal, State, or local courts; or
``(E) access to, approval of, or maintenance of social
services and benefits provided or funded by Federal, State, or
local governments.
``(2) Recipients of federal funds.--No recipient of Federal
funds shall discriminate against an individual on the basis of
information received by such recipient pursuant to an intentional
or inadvertent disclosure of such records or information contained
in records described in subsection (a) in affording access to the
services provided with such funds.''.
(h) Notification in Case of Breach.--Section 543 of the Public
Health Service Act (42 U.S.C. 290dd-2), as amended by subsection (g),
is further amended by inserting after subsection (i) the following:
``(j) Notification in Case of Breach.--The provisions of section
13402 of the HITECH Act (42 U.S.C. 17932) shall apply to a program or
activity described in subsection (a), in case of a breach of records
described in subsection (a), to the same extent and in the same manner
as such provisions apply to a covered entity in the case of a breach of
unsecured protected health information.''.
(i) Regulations.--
(1) In general.--The Secretary of Health and Human Services, in
consultation with appropriate Federal agencies, shall make such
revisions to regulations as may be necessary for implementing and
enforcing the amendments made by this section, such that such
amendments shall apply with respect to uses and disclosures of
information occurring on or after the date that is 12 months after
the date of enactment of this Act.
(2) Easily understandable notice of privacy practices.--Not
later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services, in consultation with
appropriate legal, clinical, privacy, and civil rights experts,
shall update section 164.520 of title 45, Code of Federal
Regulations, so that covered entities and entities creating or
maintaining the records described in subsection (a) provide notice,
written in plain language, of privacy practices regarding patient
records referred to in section 543(a) of the Public Health Service
Act (42 U.S.C. 290dd-2(a)), including--
(A) a statement of the patient's rights, including self-pay
patients, with respect to protected health information and a
brief description of how the individual may exercise these
rights (as required by subsection (b)(1)(iv) of such section
164.520); and
(B) a description of each purpose for which the covered
entity is permitted or required to use or disclose protected
health information without the patient's written authorization
(as required by subsection (b)(2) of such section 164.520).
(j) Rules of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to limit--
(1) a patient's right, as described in section 164.522 of title
45, Code of Federal Regulations, or any successor regulation, to
request a restriction on the use or disclosure of a record referred
to in section 543(a) of the Public Health Service Act (42 U.S.C.
290dd-2(a)) for purposes of treatment, payment, or health care
operations; or
(2) a covered entity's choice, as described in section 164.506
of title 45, Code of Federal Regulations, or any successor
regulation, to obtain the consent of the individual to use or
disclose a record referred to in such section 543(a) to carry out
treatment, payment, or health care operation.
(k) Sense of Congress.--It is the sense of the Congress that--
(1) any person treating a patient through a program or activity
with respect to which the confidentiality requirements of section
543 of the Public Health Service Act (42 U.S.C. 290dd-2) apply is
encouraged to access the applicable State-based prescription drug
monitoring program when clinically appropriate;
(2) patients have the right to request a restriction on the use
or disclosure of a record referred to in section 543(a) of the
Public Health Service Act (42 U.S.C. 290dd-2(a)) for treatment,
payment, or health care operations;
(3) covered entities should make every reasonable effort to the
extent feasible to comply with a patient's request for a
restriction regarding such use or disclosure;
(4) for purposes of applying section 164.501 of title 45, Code
of Federal Regulations, the definition of health care operations
shall have the meaning given such term in such section, except that
clause (v) of paragraph (6) shall not apply; and
(5) programs creating records referred to in section 543(a) of
the Public Health Service Act (42 U.S.C. 290dd-2(a)) should receive
positive incentives for discussing with their patients the benefits
to consenting to share such records.
SEC. 3222. NUTRITION SERVICES.
(a) Definitions.--In this section, the terms ``Assistant
Secretary'', ``Secretary'', ``State agency'', and ``area agency on
aging'' have the meanings given the terms in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002).
(b) Nutrition Services Transfer Criteria.--During any portion of
the COVID-19 public health emergency declared under section 319 of the
Public Health Service Act (42 U.S.C. 247d), the Secretary shall allow a
State agency or an area agency on aging, without prior approval, to
transfer not more than 100 percent of the funds received by the State
agency or area agency on aging, respectively, and attributable to funds
appropriated under paragraph (1) or (2) of section 303(b) of the Older
Americans Act of 1965 (42 U.S.C. 3023(b)), between subpart 1 and
subpart 2 of part C (42 U.S.C. 3030d-2 et seq.) for such use as the
State agency or area agency on aging, respectively, considers
appropriate to meet the needs of the State or area served.
(c) Home-delivered Nutrition Services Waiver.--For purposes of
State agencies' determining the delivery of nutrition services under
section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g),
during the period of the COVID-19 public health emergency declared
under section 319 of the Public Health Service Act (42 U.S.C. 247d),
the same meaning shall be given to an individual who is unable to
obtain nutrition because the individual is practicing social distancing
due to the emergency as is given to an individual who is homebound by
reason of illness.
(d) Dietary Guidelines Waiver.--To facilitate implementation of
subparts 1 and 2 of part C of title III of the Older Americans Act of
1965 (42 U.S.C. 3030d-2 et seq.) during any portion of the COVID-19
public health emergency declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d), the Assistant Secretary may waive the
requirements for meals provided under those subparts to comply with the
requirements of clauses (i) and (ii) of section 339(2)(A) of such Act
(42 U.S.C. 3030g-21(2)(A)).
SEC. 3223. CONTINUITY OF SERVICE AND OPPORTUNITIES FOR PARTICIPANTS IN
COMMUNITY SERVICE ACTIVITIES UNDER TITLE V OF THE OLDER AMERICANS ACT
OF 1965.
To ensure continuity of service and opportunities for participants
in community service activities under title V of the Older Americans
Act of 1965 (42 U.S.C. 3056 et seq.), the Secretary of Labor--
(1)(A) may allow individuals participating in projects under
such title as of March 1, 2020, to extend their participation for a
period that exceeds the period described in section 518(a)(3)(B)(i)
of such Act (42 U.S.C. 3056p(a)(3)(B)(i)) if the Secretary
determines such extension is appropriate due to the effects of the
COVID-19 public health emergency declared under section 319 of the
Public Health Service Act (42 U.S.C. 247d); and
(B) may increase the average participation cap for eligible
individuals applicable to grantees as described in section
502(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C.
3056(b)(1)(C)) to a cap the Secretary determines is appropriate due
to the effects of the COVID-19 public health emergency declared
under section 319 of the Public Health Service Act (42 U.S.C.
247d); and
(2) may increase the amount available to pay the authorized
administrative costs for a project, described in section 502(c)(3)
of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(3)) to an
amount not to exceed 20 percent of the grant amount if the
Secretary determines that such increase is necessary to adequately
respond to the additional administrative needs to respond to the
COVID-19 public health emergency declared under section 319 of the
Public Health Service Act (42 U.S.C. 247d).
SEC. 3224. GUIDANCE ON PROTECTED HEALTH INFORMATION.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Health and Human Services shall issue guidance on the
sharing of patients' protected health information pursuant to section
160.103 of title 45, Code of Federal Regulations (or any successor
regulations) during 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) with respect to COVID-19, during
the emergency involving Federal primary responsibility determined to
exist by the President under section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with
respect to COVID-19, and during the national emergency declared by the
President under the National Emergencies Act (50 U.S.C. 1601 et seq.)
with respect to COVID-19. Such guidance shall include information on
compliance with the regulations promulgated pursuant to section 264(c)
of the Health Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note) and applicable policies, including such policies
that may come into effect during such emergencies.
SEC. 3225. REAUTHORIZATION OF HEALTHY START PROGRAM.
Section 330H of the Public Health Service Act (42 U.S.C. 254c-8) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``, during fiscal year
2001 and subsequent years,''; and
(B) in paragraph (2), by inserting ``or increasing above
the national average'' after ``areas with high'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``consumers of project
services, public health departments, hospitals, health centers
under section 330'' and inserting ``participants and former
participants of project services, public health departments,
hospitals, health centers under section 330, State substance
abuse agencies''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``such as low
birthweight'' and inserting ``including poor birth outcomes
(such as low birthweight and preterm birth) and social
determinants of health'';
(ii) by redesignating subparagraph (B) as subparagraph
(C);
(iii) by inserting after subparagraph (A), the
following:
``(B) Communities with--
``(i) high rates of infant mortality or poor perinatal
outcomes; or
``(ii) high rates of infant mortality or poor perinatal
outcomes in specific subpopulations within the
community.''; and
(iv) in subparagraph (C) (as so redesignated)--
(I) by redesignating clauses (i) and (ii) as
clauses (ii) and (iii), respectively;
(II) by inserting before clause (ii) (as so
redesignated) the following:
``(i) collaboration with the local community in the
development of the project;'';
(III) in clause (ii) (as so redesignated), by
striking ``and'' at the end;
(IV) in clause (iii) (as so redesignated), by
striking the period and inserting ``; and''; and
(V) by adding at the end the following:
``(iv) the use and collection of data demonstrating the
effectiveness of such program in decreasing infant
mortality rates and improving perinatal outcomes, as
applicable, or the process by which new applicants plan to
collect this data.'';
(3) in subsection (c)--
(A) by striking ``Recipients of grants'' and inserting the
following:
``(1) In general.--Recipients of grants''; and
(B) by adding at the end the following:
``(2) Other programs.--The Secretary shall ensure coordination
of the program carried out pursuant to this section with other
programs and activities related to the reduction of the rate of
infant mortality and improved perinatal and infant health outcomes
supported by the Department.'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``appropriated--'' and
all that follows through the end and inserting ``appropriated
$125,500,000 for each of fiscal years 2021 through 2025.''; and
(B) in paragraph (2)(B), by adding at the end the
following: ``Evaluations may also include, to the extent
practicable, information related to--
``(i) progress toward achieving any grant metrics or
outcomes related to reducing infant mortality rates,
improving perinatal outcomes, or reducing the disparity in
health status;
``(ii) recommendations on potential improvements that
may assist with addressing gaps, as applicable and
appropriate; and
``(iii) the extent to which the grantee coordinated
with the community in which the grantee is located in the
development of the project and delivery of services,
including with respect to technical assistance and
mentorship programs.''; and
(5) by adding at the end the following:
``(f) GAO Report.--
``(1) In general.--Not later than 4 years after the date of the
enactment of this subsection, the Comptroller General of the United
States shall conduct an independent evaluation, and submit to the
appropriate Committees of Congress a report, concerning the Healthy
Start program under this section.
``(2) Evaluation.--In conducting the evaluation under paragraph
(1), the Comptroller General shall consider, as applicable and
appropriate, information from the evaluations under subsection
(e)(2)(B).
``(3) Report.--The report described in paragraph (1) shall
review, assess, and provide recommendations, as appropriate, on the
following:
``(A) The allocation of Healthy Start program grants by the
Health Resources and Services Administration, including
considerations made by such Administration regarding
disparities in infant mortality or perinatal outcomes among
urban and rural areas in making such awards.
``(B) Trends in the progress made toward meeting the
evaluation criteria pursuant to subsection (e)(2)(B), including
programs which decrease infant mortality rates and improve
perinatal outcomes, programs that have not decreased infant
mortality rates or improved perinatal outcomes, and programs
that have made an impact on disparities in infant mortality or
perinatal outcomes.
``(C) The ability of grantees to improve health outcomes
for project participants, promote the awareness of the Healthy
Start program services, incorporate and promote family
participation, facilitate coordination with the community in
which the grantee is located, and increase grantee
accountability through quality improvement, performance
monitoring, evaluation, and the effect such metrics may have
toward decreasing the rate of infant mortality and improving
perinatal outcomes.
``(D) The extent to which such Federal programs are
coordinated across agencies and the identification of
opportunities for improved coordination in such Federal
programs and activities.''.
SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall carry out a
national campaign to improve awareness of, and support outreach to the
public and health care providers about the importance and safety of
blood donation and the need for donations for the blood supply during
the public health emergency declared by the Secretary under section 319
of the Public Health Service Act (42 U.S.C. 247d) with respect to
COVID-19.
(b) Awareness Campaign.--In carrying out subsection (a), the
Secretary may enter into contracts with one or more public or private
nonprofit entities, to establish a national blood donation awareness
campaign that may include television, radio, internet, and newspaper
public service announcements, and other activities to provide for
public and professional awareness and education.
(c) Consultation.--In carrying out subsection (a), the Secretary
shall consult with the Commissioner of Food and Drugs, the Assistant
Secretary for Health, the Director of the Centers for Disease Control
and Prevention, the Director of the National Institutes of Health, and
the heads of other relevant Federal agencies, and relevant accrediting
bodies and representative organizations.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives, a report that
shall include--
(1) a description of the activities carried out under
subsection (a);
(2) a description of trends in blood supply donations; and
(3) an evaluation of the impact of the public awareness
campaign, including any geographic or population variations.
PART III--INNOVATION
SEC. 3301. REMOVING THE CAP ON OTA DURING PUBLIC HEALTH EMERGENCIES.
Section 319L(c)(5)(A) of the Public Health Service Act (42 U.S.C.
247d-7e(c)(5)(A)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following:
``(iii) Authority during a public health emergency.--
``(I) In general.--Notwithstanding clause (ii), the
Secretary, shall, to the maximum extent practicable,
use competitive procedures when entering into
transactions to carry out projects under this
subsection for purposes of a public health emergency
declared by the Secretary under section 319. Any such
transactions entered into during such public health
emergency shall not be terminated solely due to the
expiration of such public health emergency, if such
public health emergency ends before the completion of
the terms of such agreement.
``(II) Report.--After the expiration of the public
health emergency declared by the Secretary under
section 319, the Secretary shall provide a report to
the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce
of the House of Representatives regarding the use of
any funds pursuant to the authority under subclause
(I), including any outcomes, benefits, and risks
associated with the use of such funds, and a
description of the reasons for the use of such
authority for the project or projects.''.
SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 512 the following:
``SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS.
``(a) In General.--The Secretary shall, at the request of the
sponsor intending to submit an application for approval of a new animal
drug under section 512(b)(1) or an application for conditional approval
of a new animal drug under section 571, expedite the development and
review of such new animal drug if preliminary clinical evidence
indicates that the new animal drug, alone or in combination with 1 or
more other animal drugs, has the potential to prevent or treat a
zoonotic disease in animals, including a vector borne-disease, that has
the potential to cause serious adverse health consequences for, or
serious or life-threatening diseases in, humans.
``(b) Request for Designation.--The sponsor of a new animal drug
may request the Secretary to designate a new animal drug described in
subsection (a) as a priority zoonotic animal drug. A request for the
designation may be made concurrently with, or at any time after, the
opening of an investigational new animal drug file under section 512(j)
or the filing of an application under section 512(b)(1) or 571.
``(c) Designation.--
``(1) In general.--Not later than 60 calendar days after the
receipt of a request under subsection (b), the Secretary shall
determine whether the new animal drug that is the subject of the
request meets the criteria described in subsection (a). If the
Secretary determines that the new animal drug meets the criteria,
the Secretary shall designate the new animal drug as a priority
zoonotic animal drug and shall take such actions as are appropriate
to expedite the development and review of the application for
approval or conditional approval of such new animal drug.
``(2) Actions.--The actions to expedite the development and
review of an application under paragraph (1) may include, as
appropriate--
``(A) taking steps to ensure that the design of clinical
trials is as efficient as practicable, when scientifically
appropriate, such as by utilizing novel trial designs or drug
development tools (including biomarkers) that may reduce the
number of animals needed for studies;
``(B) providing timely advice to, and interactive
communication with, the sponsor (which may include meetings
with the sponsor and review team) regarding the development of
the new animal drug to ensure that the development program to
gather the nonclinical and clinical data necessary for approval
is as efficient as practicable;
``(C) involving senior managers and review staff with
experience in zoonotic or vector-borne disease to facilitate
collaborative, cross-disciplinary review, including, as
appropriate, across agency centers; and
``(D) implementing additional administrative or process
enhancements, as necessary, to facilitate an efficient review
and development program.''.
PART IV--HEALTH CARE WORKFORCE
SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS WORKFORCE PROGRAMS.
Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
is amended--
(1) in section 736 (42 U.S.C. 293), by striking subsection (i)
and inserting the following:
``(i) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $23,711,000 for each of fiscal
years 2021 through 2025.'';
(2) in section 740 (42 U.S.C. 293d)--
(A) in subsection (a), by striking ``$51,000,000 for fiscal
year 2010, and such sums as may be necessary for each of the
fiscal years 2011 through 2014'' and inserting ``$51,470,000
for each of fiscal years 2021 through 2025'';
(B) in subsection (b), by striking ``$5,000,000 for each of
the fiscal years 2010 through 2014'' and inserting ``$1,190,000
for each of fiscal years 2021 through 2025'';
(C) in subsection (c), by striking ``$60,000,000 for fiscal
year 2010 and such sums as may be necessary for each of the
fiscal years 2011 through 2014'' and inserting ``$15,000,000
for each of fiscal years 2021 through 2025''; and
(D) in subsection (d), by striking ``Not Later than 6
months after the date of enactment of this part, the Secretary
shall prepare and submit to the appropriate committees of
Congress'' and inserting: ``Not later than September 30, 2025,
and every five years thereafter, the Secretary shall prepare
and submit to the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Energy and
Commerce of the House of Representatives,'';
(3) in section 747 (42 U.S.C. 293k)--
(A) in subsection (a)--
(i) in paragraph (1)(G), by striking ``to plan,
develop, and operate a demonstration program that provides
training'' and inserting: ``to plan, develop, and operate a
program that identifies or develops innovative models of
providing care, and trains primary care physicians on such
models and''; and
(ii) by adding at the end the following:
``(3) Priorities in making awards.--In awarding grants or
contracts under paragraph (1), the Secretary may give priority to
qualified applicants that train residents in rural areas, including
for Tribes or Tribal Organizations in such areas.'';
(B) in subsection (b)(3)(E), by striking ``substance-
related disorders'' and inserting ``substance use disorders'';
and
(C) in subsection (c)(1), by striking ``$125,000,000 for
fiscal year 2010, and such sums as may be necessary for each of
fiscal years 2011 through 2014'' and inserting ``$48,924,000
for each of fiscal years 2021 through 2025'';
(4) in section 748 (42 U.S.C. 293k-2)--
(A) in subsection (c)(5), by striking ``substance-related
disorders'' and inserting ``substance use disorders''; and
(B) in subsection (f), by striking ``$30,000,000 for fiscal
year 2010 and such sums as may be necessary for each of fiscal
years 2011 through 2015'' and inserting ``$28,531,000 for each
of fiscal years 2021 through 2025'';
(5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), by striking
``Committee on Labor and Human Resources of the Senate, and the
Committee on Commerce of the House of Representatives'' and
inserting ``Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Energy and Commerce of the House
of Representatives'';
(6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by striking
``$125,000,000 for each of the fiscal years 2010 through 2014'' and
inserting ``$41,250,000 for each of fiscal years 2021 through
2025'';
(7) in section 754(b)(1)(A) (42 U.S.C. 294d(b)(1)(A)), by
striking ``new and innovative'' and inserting ``innovative or
evidence-based'';
(8) in section 755(b)(1)(A) (42 U.S.C. 294e(b)(1)(A)), by
striking ``the elderly'' and inserting ``geriatric populations or
for maternal and child health'';
(9) in section 761(e) (42 U.S.C. 294n(e))--
(A) in paragraph (1)(A), by striking ``$7,500,000 for each
of fiscal years 2010 through 2014'' and inserting ``$5,663,000
for each of fiscal years 2021 through 2025''; and
(B) in paragraph (2), by striking ``subsection (a)'' and
inserting ``paragraph (1)'';
(10) in section 762 (42 U.S.C. 294o)--
(A) in subsection (a)(1), by striking ``Committee on Labor
and Human Resources'' and inserting ``Committee on Health,
Education, Labor, and Pensions'';
(B) in subsection (b)--
(i) in paragraph (2), by striking ``Health Care
Financing Administration'' and inserting ``Centers for
Medicare & Medicaid Services'';
(ii) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(iii) by inserting after paragraph (3), the following:
``(4) the Administrator of the Health Resources and Services
Administration;'';
(C) by striking subsections (i), (j), and (k) and inserting
the following:
``(i) Reports.--Not later than September 30, 2023, and not less
than every 5 years thereafter, the Council shall submit to the
Secretary, and to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the
House of Representatives, a report on the recommendations described in
subsection (a).''; and
(D) by redesignating subsection (l) as subsection (j);
(11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), by striking
``that plans'' and all that follows through the period and
inserting ``that plans, develops, operates, and evaluates projects
to improve preventive medicine, health promotion and disease
prevention, or access to and quality of health care services in
rural or medically underserved communities.'';
(12) in section 770(a) (42 U.S.C. 295e(a)), by striking
``$43,000,000 for fiscal year 2011, and such sums as may be
necessary for each of the fiscal years 2012 through 2015'' and
inserting ``$17,000,000 for each of fiscal years 2021 through
2025''; and
(13) in section 775(e) (42 U.S.C. 295f(e)), by striking
``$30,000,000'' and all that follows through the period and
inserting ``such sums as may be necessary for each of fiscal years
2021 through 2025.''.
SEC. 3402. HEALTH WORKFORCE COORDINATION.
(a) Strategic Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), in consultation
with the Advisory Committee on Training in Primary Care Medicine
and Dentistry and the Advisory Council on Graduate Medical
Education, shall develop a comprehensive and coordinated plan with
respect to the health care workforce development programs of the
Department of Health and Human Services, including education and
training programs.
(2) Requirements.--The plan under paragraph (1) shall--
(A) include performance measures to determine the extent to
which the programs described in paragraph (1) are strengthening
the Nation's health care system;
(B) identify any gaps that exist between the outcomes of
programs described in paragraph (1) and projected health care
workforce needs identified in workforce projection reports
conducted by the Health Resources and Services Administration;
(C) identify actions to address the gaps described in
subparagraph (B); and
(D) identify barriers, if any, to implementing the actions
identified under subparagraph (C).
(b) Coordination With Other Agencies.--The Secretary shall
coordinate with the heads of other Federal agencies and departments
that fund or administer health care workforce development programs,
including education and training programs, to--
(1) evaluate the performance of such programs, including the
extent to which such programs are efficient and effective and are
meeting the nation's health workforce needs; and
(2) identify opportunities to improve the quality and
consistency of the information collected to evaluate within and
across such programs, and to implement such improvements.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Energy and Commerce of the House of Representatives, a report
describing the plan developed under subsection (a) and actions taken to
implement such plan.
SEC. 3403. EDUCATION AND TRAINING RELATING TO GERIATRICS.
Section 753 of the Public Health Service Act (42 U.S.C. 294c) is
amended to read as follows:
``SEC. 753. EDUCATION AND TRAINING RELATING TO GERIATRICS.
``(a) Geriatrics Workforce Enhancement Program.--
``(1) In general.--The Secretary shall award grants, contracts,
or cooperative agreements under this subsection to entities
described in paragraph (1), (3), or (4) of section 799B, section
801(2), or section 865(d), or other health professions schools or
programs approved by the Secretary, for the establishment or
operation of Geriatrics Workforce Enhancement Programs that meet
the requirements of paragraph (2).
``(2) Requirements.--
``(A) In general.--A Geriatrics Workforce Enhancement
Program receiving an award under this section shall support the
training of health professionals in geriatrics, including
traineeships or fellowships. Such programs shall emphasize, as
appropriate, patient and family engagement, integration of
geriatrics with primary care and other appropriate specialties,
and collaboration with community partners to address gaps in
health care for older adults.
``(B) Activities.--Activities conducted by a program under
this section may include the following:
``(i) Clinical training on providing integrated
geriatrics and primary care delivery services.
``(ii) Interprofessional training to practitioners from
multiple disciplines and specialties, including training on
the provision of care to older adults.
``(iii) Establishing or maintaining training-related
community-based programs for older adults and caregivers to
improve health outcomes for older adults.
``(iv) Providing education on Alzheimer's disease and
related dementias to families and caregivers of older
adults, direct care workers, and health professions
students, faculty, and providers.
``(3) Duration.--Each grant, contract, or cooperative agreement
or contract awarded under paragraph (1) shall be for a period not
to exceed 5 years.
``(4) Applications.--To be eligible to receive a grant,
contract, or cooperative agreement under paragraph (1), an entity
described in such paragraph shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(5) Program requirements.--
``(A) In general.--In awarding grants, contracts, and
cooperative agreements under paragraph (1), the Secretary--
``(i) shall give priority to programs that demonstrate
coordination with another Federal or State program or
another public or private entity;
``(ii) shall give priority to applicants with programs
or activities that are expected to substantially benefit
rural or medically underserved populations of older adults,
or serve older adults in Indian Tribes or Tribal
organizations; and
``(iii) may give priority to any program that--
``(I) integrates geriatrics into primary care
practice;
``(II) provides training to integrate geriatric
care into other specialties across care settings,
including practicing clinical specialists, health care
administrators, faculty without backgrounds in
geriatrics, and students from all health professions;
``(III) emphasizes integration of geriatric care
into existing service delivery locations and care
across settings, including primary care clinics,
medical homes, Federally qualified health centers,
ambulatory care clinics, critical access hospitals,
emergency care, assisted living and nursing facilities,
and home- and community-based services, which may
include adult daycare;
``(IV) supports the training and retraining of
faculty, primary care providers, other direct care
providers, and other appropriate professionals on
geriatrics;
``(V) emphasizes education and engagement of family
caregivers on disease management and strategies to meet
the needs of caregivers of older adults; or
``(VI) proposes to conduct outreach to communities
that have a shortage of geriatric workforce
professionals.
``(B) Special consideration.--In awarding grants,
contracts, and cooperative agreements under this section, the
Secretary shall give special consideration to entities that
provide services in areas with a shortage of geriatric
workforce professionals.
``(6) Priority.--The Secretary may provide awardees with
additional support for activities in areas of demonstrated need,
which may include education and training for home health workers,
family caregivers, and direct care workers on care for older
adults.
``(7) Reporting.--
``(A) Reports from entities.--Each entity awarded a grant,
contract, or cooperative agreement under this section shall
submit an annual report to the Secretary on the activities
conducted under such grant, contract, or cooperative agreement,
which may include information on the number of trainees, the
number of professions and disciplines, the number of
partnerships with health care delivery sites, the number of
faculty and practicing professionals who participated in such
programs, and other information, as the Secretary may require.
``(B) Report to congress.--Not later than 4 years after the
date of enactment of the Title VII Health Care Workforce
Reauthorization Act of 2019 and every 5 years thereafter, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that
provides a summary of the activities and outcomes associated
with grants, contracts, and cooperative agreements made under
this section. Such reports shall include--
``(i) information on the number of trainees, faculty,
and professionals who participated in programs under this
section;
``(ii) information on the impact of the program
conducted under this section on the health status of older
adults, including in areas with a shortage of health
professionals; and
``(iii) information on outreach and education provided
under this section to families and caregivers of older
adults.
``(C) Public availability.--The Secretary shall make
reports submitted under paragraph (B) publically available on
the internet website of the Department of Health and Human
Services.
``(b) Geriatric Academic Career Awards.--
``(1) Establishment of program.--The Secretary shall, as
appropriate, establish or maintain a program to provide geriatric
academic career awards to eligible entities applying on behalf of
eligible individuals to promote the career development of such
individuals as academic geriatricians or other academic geriatrics
health professionals.
``(2) Eligibility.--
``(A) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means--
``(i) an entity described in paragraph (1), (3), or (4)
of section 799B or section 801(2); or
``(ii) another accredited health professions school or
graduate program approved by the Secretary.
``(B) Eligible individual.--For purposes of this
subsection, the term `eligible individual' means an individual
who--
``(i)(I) is board certified or board eligible in
internal medicine, family practice, psychiatry, or licensed
dentistry, or has completed required training in a
discipline and is employed in an accredited health
professions school or graduate program that is approved by
the Secretary; or
``(II) has completed an approved fellowship program in
geriatrics, or has completed specialty training in
geriatrics as required by the discipline and any additional
geriatrics training as required by the Secretary; and
``(ii) has a junior, nontenured, faculty appointment at
an accredited health professions school or graduate program
in geriatrics or a geriatrics health profession.
``(C) Clarification.--If an eligible individual is promoted
during the period of an award under this subsection and thereby
no longer meets the criteria of subparagraph (B)(ii), the
individual shall continue to be treated as an eligible
individual through the term of the award.
``(3) Application requirements.--In order to receive an award
under paragraph (1), an eligible entity, on behalf of an eligible
individual, shall--
``(A) submit to the Secretary an application, at such time,
in such manner, and containing such information as the
Secretary may require;
``(B) provide, in such form and manner as the Secretary may
require, assurances that the eligible individual will meet the
service requirement described in paragraph (6); and
``(C) provide, in such form and manner as the Secretary may
require, assurances that the individual has a full-time faculty
appointment in a health professions institution and documented
commitment from such eligible entity that the individual will
spend 75 percent of the individual's time that is supported by
the award on teaching and developing skills in
interdisciplinary education in geriatrics.
``(4) Equitable distribution.--In making awards under this
subsection, the Secretary shall seek to ensure geographical
distribution among award recipients, including among rural or
medically underserved areas of the United States.
``(5) Amount and duration.--
``(A) Amount.--The amount of an award under this subsection
shall be at least $75,000 for fiscal year 2021, adjusted for
subsequent years in accordance with the consumer price index.
The Secretary shall determine the amount of an award under this
subsection for individuals who are not physicians.
``(B) Duration.--The Secretary shall make awards under
paragraph (1) for a period not to exceed 5 years.
``(6) Service requirement.--An individual who receives an award
under this subsection shall provide training in clinical
geriatrics, including the training of interprofessional teams of
health care professionals. The provision of such training shall
constitute at least 75 percent of the obligations of such
individual under the award.
``(c) Nonapplicability of Provision.--Notwithstanding any other
provision of this title, section 791(a) shall not apply to awards made
under this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $40,737,000 for each of fiscal years 2021 through 2025 for
purposes of carrying out this section.''.
SEC. 3404. NURSING WORKFORCE DEVELOPMENT.
(a) In General.--Title VIII of the Public Health Service Act (42
U.S.C. 296 et seq.) is amended--
(1) in section 801 (42 U.S.C. 296), by adding at the end the
following:
``(18) Nurse managed health clinic.--The term `nurse managed
health clinic' means a nurse-practice arrangement, managed by
advanced practice nurses, that provides primary care or wellness
services to underserved or vulnerable populations and that is
associated with a school, college, university or department of
nursing, federally qualified health center, or independent
nonprofit health or social services agency.'';
(2) in section 802(c) (42 U.S.C. 296a(c)), by inserting ``, and
how such project aligns with the goals in section 806(a)'' before
the period in the second sentence;
(3) in section 803(b) (42 U.S.C. 296b(b)), by adding at the end
the following: ``Such Federal funds are intended to supplement, not
supplant, existing non-Federal expenditures for such activities.'';
(4) in section 806 (42 U.S.C. 296e)--
(A) in subsection (a), by striking ``as needed to'' and all
that follows and inserting the following: ``as needed to
address national nursing needs, including--
``(1) addressing challenges, including through supporting
training and education of nursing students, related to the
distribution of the nursing workforce and existing or projected
nursing workforce shortages in geographic areas that have been
identified as having, or that are projected to have, a nursing
shortage;
``(2) increasing access to and the quality of health care
services, including by supporting the training of professional
registered nurses, advanced practice registered nurses, and
advanced education nurses within community based settings and in a
variety of health delivery system settings; or
``(3) addressing the strategic goals and priorities identified
by the Secretary and that are in accordance with this title.
Contracts may be entered into under this title with public or private
entities as determined necessary by the Secretary.'';
(B) in subsection (b)(2), by striking ``a demonstration''
and all that follows and inserting the following: ``the
reporting of data and information demonstrating that
satisfactory progress has been made by the program or project
in meeting the performance outcome standards (as described in
section 802) of such program or project.'';
(C) in subsection (e)(2), by inserting ``, and have
relevant expertise and experience'' before the period at the
end of the first sentence; and
(D) by adding at the end the following:
``(i) Biennial Report on Nursing Workforce Program Improvements.--
Not later than September 30, 2020, and biennially thereafter, the
Secretary shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives, a report that contains an assessment of
the programs and activities of the Department of Health and Human
Services related to enhancing the nursing workforce, including the
extent to which programs and activities under this title meet the
identified goals and performance measures developed for the respective
programs and activities, and the extent to which the Department
coordinates with other Federal departments regarding programs designed
to improve the nursing workforce.'';
(5) in section 811 (42 U.S.C. 296j)--
(A) in subsection (b)--
(i) by striking ``Master's'' and inserting
``graduate''; and
(ii) by inserting ``clinical nurse leaders,'' after
``nurse administrators,'';
(B) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(C) by inserting after subsection (e), the following:
``(f) Authorized Clinical Nurse Specialist Programs.--Clinical
nurse specialist programs eligible for support under this section are
education programs that--
``(1) provide registered nurses with full-time clinical nurse
specialist education; and
``(2) have as their objective the education of clinical nurse
specialists who will, upon completion of such a program, be
qualified to effectively provide care through the wellness and
illness continuum to inpatients and outpatients experiencing acute
and chronic illness.''; and
(6) in section 831 (42 U.S.C. 296p)--
(A) in the section heading, by striking ``and quality
grants'' and inserting ``quality, and retention grants'';
(B) in subsection (b)(2), by striking ``other high-risk
groups such as the elderly, individuals with HIV/AIDS,
substance abusers, the homeless, and victims'' and inserting
``high risk groups, such as the elderly, individuals with HIV/
AIDS, individuals with mental health or substance use
disorders, individuals who are homeless, and survivors'';
(C) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by striking ``advancement for nursing
personnel'' and inserting the following: ``advancement
for--
``(i) nursing'';
(II) by striking ``professional nurses, advanced
education nurses, licensed practical nurses, certified
nurse assistants, and home health aides'' and inserting
``professional registered nurses, advanced practice
registered nurses, and nurses with graduate nursing
education''; and
(III) by adding at the end the following:
``(ii) individuals including licensed practical nurses,
licensed vocational nurses, certified nurse assistants,
home health aides, diploma degree or associate degree
nurses, and other health professionals, such as health
aides or community health practitioners certified under the
Community Health Aide Program of the Indian Health Service,
to become registered nurses with baccalaureate degrees or
nurses with graduate nursing education;'';
(ii) in subparagraph (B), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(C) developing and implementing internships, accredited
fellowships, and accredited residency programs in collaboration
with one or more accredited schools of nursing, to encourage
the mentoring and development of specialties.'';
(D) by striking subsections (e) and (h);
(E) by redesignating subsections (f) and (g), as
subsections (e) and (f), respectively;
(F) in subsection (e) (as so redesignated), by striking
``The Secretary shall submit to the Congress before the end of
each fiscal year'' and inserting ``As part of the report on
nursing workforce programs described in section 806(i), the
Secretary shall include''; and
(G) in subsection (f) (as so redesignated), by striking ``a
school of nursing, as defined in section 801(2),,'' and
inserting ``an accredited school of nursing, as defined in
section 801(2), a health care facility, including federally
qualified health centers or nurse-managed health clinics, or a
partnership of such a school and facility'';
(7) by striking section 831A (42 U.S.C. 296p-1);
(8) in section 846 (42 U.S.C. 297n)--
(A) by striking the last sentence of subsection (a);
(B) in subsection (b)(1), by striking ``he began such
practice'' and inserting ``the individual began such
practice''; and
(C) in subsection (i), by striking ``Funding'' in the
subsection heading and all that follows through ``paragraph
(1)'' in paragraph (2), and inserting the following:
``Allocations.--Of the amounts appropriated under section
871(b),'';
(9) in section 846A (42 U.S.C. 247n-1), by striking subsection
(f);
(10) in section 847 (42 U.S.C. 297o), by striking subsection
(g);
(11) in section 851 (42 U.S.C. 297t)--
(A) in subsection (b)(1)(A)(iv), by striking ``and nurse
anesthetists'' and inserting ``nurse anesthetists, and clinical
nurse specialists'';
(B) in subsection (d)(3)--
(i) by striking ``3 years after the date of enactment
of this section'' and inserting ``2 years after the date of
enactment of the Title VIII Nursing Reauthorization Act'';
(ii) by striking ``Labor and Human Resources'' and
inserting ``Health, Education, Labor, and Pensions''; and
(iii) by inserting ``Energy and'' before ``Commerce'';
and
(C) in subsection (g), by striking ``under this title'' and
inserting ``for carrying out parts B, C, and D'';
(12) by striking sections 861 and 862 (42 U.S.C. 297w and
297x); and
(13) in section 871 (42 U.S.C. 298d)--
(A) by striking ``For the purpose of'' and inserting the
following:
``(a) In General.--For the purpose of'';
(B) by striking ``$338,000,000 for fiscal year 2010, and
such sums as may be necessary for each of the fiscal years 2011
through 2016'' and inserting ``$137,837,000 for each of fiscal
years 2021 through 2025''; and
(C) by adding at the end the following:
``(b) Part E.--For the purpose of carrying out part E, there are
authorized to be appropriated $117,135,000 for each of the fiscal years
2021 through 2025.''.
(b) Evaluation and Report on Nurse Loan Repayment Programs.--
(1) Evaluation.--The Comptroller General shall conduct an
evaluation of the nurse loan repayment programs administered by the
Health Resources and Services Administration. Such evaluation shall
include--
(A) the manner in which payments are made under such
programs;
(B) the existing oversight functions necessary to ensure
the proper use of such programs, including payments made as
part of such programs;
(C) the identification of gaps, if any, in oversight
functions; and
(D) information on the number of nurses assigned to
facilities pursuant to such programs, including the type of
facility to which nurses are assigned and the impact of
modifying the eligibility requirements for programs under
section 846 of the Public Health Service Act (42 U.S.C. 297n),
such as the impact on entities to which nurses had previously
been assigned prior to fiscal year 2019 (such as federally
qualified health centers and facilities affiliated with the
Indian Health Service).
(2) Report.--Not later than 18 months after the enactment of
this Act, the Comptroller General shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives, a
report on the evaluation under paragraph (1), which may include
recommendations to improve relevant nursing workforce loan
repayment programs.
Subtitle B--Education Provisions
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``COVID-19 Pandemic Education
Relief Act of 2020''.
SEC. 3502. DEFINITIONS.
(a) Definitions.--In this subtitle:
(1) Coronavirus.--The term ``coronavirus'' has the meaning
given the term in section 506 of the Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020 (Public Law 116-
123).
(2) Foreign institution.--The term ``foreign institution''
means an institution of higher education located outside the United
States that is described in paragraphs (1)(C) and (2) of section
102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).
(3) Institution of higher education.--The term ``institution of
higher education'' has the meaning of the term under section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002).
(4) Qualifying emergency.--The term ``qualifying emergency''
means--
(A) a public health emergency related to the coronavirus
declared by the Secretary of Health and Human Services pursuant
to section 319 of the Public Health Service Act (42 U.S.C.
247d);
(B) an event related to the coronavirus for which the
President declared a major disaster or an emergency under
section 401 or 501, respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
and 5191); or
(C) a national emergency related to the coronavirus
declared by the President under section 201 of the National
Emergencies Act (50 U.S.C. 1601 et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary of
Education.
SEC. 3503. CAMPUS-BASED AID WAIVERS.
(a) Waiver of Non-federal Share Requirement.--Notwithstanding
sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965
(20 U.S.C. 1070b-2(a)(2) and 1087-53(b)(5)), with respect to funds made
available for award years 2019-2020 and 2020-2021, the Secretary shall
waive the requirement that a participating institution of higher
education provide a non-Federal share to match Federal funds provided
to the institution for the programs authorized pursuant to subpart 3 of
part A and part C of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070b et seq. and 1087-51 et seq.) for all awards made under
such programs during such award years, except nothing in this
subsection shall affect the non-Federal share requirement under section
443(c)(3) that applies to private for-profit organizations.
(b) Authority to Reallocate.--Notwithstanding sections 413D, 442,
and 488 of the Higher Education Act of 1965 (20 U.S.C. 1070b-3, 1087-
52, and 1095), during a period of a qualifying emergency, an
institution may transfer up to 100 percent of the institution's
unexpended allotment under section 442 of such Act to the institution's
allotment under section 413D of such Act, but may not transfer any
funds from the institution's unexpended allotment under section 413D of
such Act to the institution's allotment under section 442 of such Act.
SEC. 3504. USE OF SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS FOR
EMERGENCY AID.
(a) In General.--Notwithstanding section 413B of the Higher
Education Act of 1965 (20 U.S.C. 1070b-1), an institution of higher
education may reserve any amount of an institution's allocation under
subpart 3 of part A of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070b et seq.) for a fiscal year to award, in such fiscal year,
emergency financial aid grants to assist undergraduate or graduate
students for unexpected expenses and unmet financial need as the result
of a qualifying emergency.
(b) Determinations.--In determining eligibility for and awarding
emergency financial aid grants under this section, an institution of
higher education may--
(1) waive the amount of need calculation under section 471 of
the Higher Education Act of 1965 (20 U.S.C. 1087kk);
(2) allow for a student affected by a qualifying emergency to
receive funds in an amount that is not more than the maximum
Federal Pell Grant for the applicable award year; and
(3) utilize a contract with a scholarship-granting organization
designated for the sole purpose of accepting applications from or
disbursing funds to students enrolled in the institution of higher
education, if such scholarship-granting organization disburses the
full allocated amount provided to the institution of higher
education to the recipients.
(c) Special Rule.--Any emergency financial aid grants to students
under this section shall not be treated as other financial assistance
for the purposes of section 471 of the Higher Education Act of 1965 (20
U.S.C. 1087kk).
SEC. 3505. FEDERAL WORK-STUDY DURING A QUALIFYING EMERGENCY.
(a) In General.--In the event of a qualifying emergency, an
institution of higher education participating in the program under part
C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et
seq.) may make payments under such part to affected work-study
students, for the period of time (not to exceed one academic year) in
which affected students were unable to fulfill the students' work-study
obligation for all or part of such academic year due to such qualifying
emergency, as follows:
(1) Payments may be made under such part to affected work-study
students in an amount equal to or less than the amount of wages
such students would have been paid under such part had the students
been able to complete the work obligation necessary to receive work
study funds, as a one time grant or as multiple payments.
(2) Payments shall not be made to any student who was not
eligible for work study or was not completing the work obligation
necessary to receive work study funds under such part prior to the
occurrence of the qualifying emergency.
(3) Any payments made to affected work-study students under
this subsection shall meet the matching requirements of section 443
of the Higher Education Act of 1965 (20 U.S.C. 1087-53), unless
such matching requirements are waived by the Secretary.
(b) Definition of Affected Work-study Student.--In this section,
the term ``affected work-study student'' means a student enrolled at an
eligible institution participating in the program under part C of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.)
who--
(1) received a work-study award under section 443 of the Higher
Education Act of 1965 (20 U.S.C. 1087-53) for the academic year
during which a qualifying emergency occurred;
(2) earned Federal work-study wages from such eligible
institution for such academic year; and
(3) was prevented from fulfilling the student's work-study
obligation for all or part of such academic year due to such
qualifying emergency.
SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIMITS.
Notwithstanding section 455(q)(3) of the Higher Education Act of
1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from a
student's period of enrollment for purposes of loans made under part D
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq.) any semester (or the equivalent) that the student does not
complete due to a qualifying emergency, if the Secretary is able to
administer such policy in a manner that limits complexity and the
burden on the student.
SEC. 3507. EXCLUSION FROM FEDERAL PELL GRANT DURATION LIMIT.
The Secretary shall exclude from a student's Federal Pell Grant
duration limit under section 401(c)(5) of the Higher Education Act of
1965 (2 U.S.C. 1070a(c)(5)) any semester (or the equivalent) that the
student does not complete due to a qualifying emergency if the
Secretary is able to administer such policy in a manner that limits
complexity and the burden on the student.
SEC. 3508. INSTITUTIONAL REFUNDS AND FEDERAL STUDENT LOAN FLEXIBILITY.
(a) Institutional Waiver.--
(1) In general.--The Secretary shall waive the institutional
requirement under section 484B of the Higher Education Act of 1965
(20 U.S.C. 1091b) with respect to the amount of grant or loan
assistance (other than assistance received under part C of title IV
of such Act) to be returned under such section if a recipient of
assistance under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) withdraws from the institution of higher
education during the payment period or period of enrollment as a
result of a qualifying emergency.
(2) Waivers.--The Secretary shall require each institution
using a waiver relating to the withdrawal of recipients under this
subsection to report the number of such recipients, the amount of
grant or loan assistance (other than assistance received under part
C of title IV of such Act) associated with each such recipient, and
the total amount of grant or loan assistance (other than assistance
received under part C of title IV of such Act) for which each
institution has not returned assistance under title IV to the
Secretary.
(b) Student Waiver.--The Secretary shall waive the amounts that
students are required to return under section 484B of the Higher
Education Act of 1965 (20 U.S.C. 1091b) with respect to Federal Pell
Grants or other grant assistance if the withdrawals on which the
returns are based, are withdrawals by students who withdrew from the
institution of higher education as a result of a qualifying emergency.
(c) Canceling Loan Obligation.--Notwithstanding any other provision
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the
Secretary shall cancel the borrower's obligation to repay the entire
portion of a loan made under part D of title IV of such Act (20 U.S.C.
1087a et seq.) associated with a payment period for a recipient of such
loan who withdraws from the institution of higher education during the
payment period as a result of a qualifying emergency.
(d) Approved Leave of Absence.--Notwithstanding any other provision
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), for
purposes of receiving assistance under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher
education may, as a result of a qualifying emergency, provide a student
with an approved leave of absence that does not require the student to
return at the same point in the academic program that the student began
the leave of absence if the student returns within the same semester
(or the equivalent).
SEC. 3509. SATISFACTORY ACADEMIC PROGRESS.
Notwithstanding section 484 of the Higher Education Act of 1965 (20
U.S.C. 1091), in determining whether a student is maintaining
satisfactory academic progress for purposes of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of
higher education may, as a result of a qualifying emergency, exclude
from the quantitative component of the calculation any attempted
credits that were not completed by such student without requiring an
appeal by such student.
SEC. 3510. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.
(a) In General.--Notwithstanding section 481(b) of the Higher
Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign
institution, in the case of a public health emergency, major disaster
or emergency, or national emergency declared by the applicable
government authorities in the country in which the foreign institution
is located, the Secretary may permit any part of an otherwise eligible
program to be offered via distance education for the duration of such
emergency or disaster and the following payment period for purposes of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(b) Eligibility.--An otherwise eligible program that is offered in
whole or in part through distance education by a foreign institution
between March 1, 2020, and the date of enactment of this Act shall be
deemed eligible for the purposes of part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) for the duration of the
qualifying emergency and the following payment period for purposes of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
An institution of higher education that uses the authority provided in
the previous sentence shall report such use to the Secretary--
(1) for the 2019-2020 award year, not later than June 30, 2020;
and
(2) for an award year subsequent to the 2019-2020 award year,
not later than 30 days after such use.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, and every 180 days thereafter for the duration of the
qualifying emergency and the following payment period, the Secretary
shall submit to the authorizing committees (as defined in section 103
of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that
identifies each foreign institution that carried out a distance
education program authorized under this section.
(d) Written Arrangements.--
(1) In general.--Notwithstanding section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002), for the duration of a
qualifying emergency and the following payment period, the
Secretary may allow a foreign institution to enter into a written
arrangement with an institution of higher education located in the
United States that participates in the Federal Direct Loan Program
under part D of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087a et seq.) for the purpose of allowing a student of the
foreign institution who is a borrower of a loan made under such
part to take courses from the institution of higher education
located in the United States.
(2) Form of arrangements.--
(A) Public or other nonprofit institutions.--A foreign
institution that is a public or other nonprofit institution may
enter into a written arrangement under subsection (a) only with
an institution of higher education described in section 101 of
such Act (20 U.S.C. 1001).
(B) Other institutions.--A foreign institution that is a
graduate medical school, nursing school, or a veterinary school
and that is not a public or other nonprofit institution may
enter into a written arrangement under subsection (a) with an
institution of higher education described in section 101 or
section 102 of such Act (20 U.S.C. 1001 and 1002).
(3) Report on use.--An institution of higher education that
uses the authority described in paragraph (2) shall report such use
to the Secretary--
(A) for the 2019-2020 award year, not later than June 30,
2020; and
(B) for an award year subsequent to the 2019-2020 award
year, not later than 30 days after such use.
(4) Report from the secretary.--Not later than 180 days after
the date of enactment of this Act, and every 180 days thereafter
for the duration of the qualifying emergency and the following
payment period, the Secretary shall submit to the authorizing
committees (as defined in section 103 of the Higher Education Act
of 1965 (20 U.S.C. 1003)) a report that identifies each foreign
institution that entered into a written arrangement authorized
under subsection (a).
SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL WAIVERS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may, upon the request of a State educational agency or Indian
tribe, waive any statutory or regulatory provision described under
paragraphs (1) and (2) of subsection (b), and upon the request of a
local educational agency, waive any statutory or regulatory provision
described under paragraph (2) of subsection (b), if the Secretary
determines that such a waiver is necessary and appropriate due to the
emergency involving Federal primary responsibility determined to exist
by the President under the section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with
respect to the Coronavirus Disease 2019 (COVID-19).
(b) Applicable Provisions of Law.--
(1) Streamlined waivers.--The Secretary shall create an
expedited application process to request a waiver and the Secretary
may waive any statutory or regulatory requirements for a State
educational agency (related to assessments, accountability, and
reporting requirements related to assessments and accountability),
if the Secretary determines that such a waiver is necessary and
appropriate as described in subsection (a), under the following
provisions of law:
(A) The following provisions under section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311):
(i) Paragraphs (2) and (3) of subsection (b).
(ii) Subsection (c)(4).
(iii) Subparagraphs (C) and (D) of subsection (d)(2).
(iv) The following provisions under subsection (h) of
such section 1111:
(I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi),
(vii), and (xi) of paragraph (1)(C).
(II) Paragraph (2)(C) with respect to the waived
requirements under subclause (I).
(III) Clauses (i) and (ii) of paragraph (2)(C).
(B) Section 421(b) of the General Education Provisions Act
(20 U.S.C. 1225(b)).
(2) State and locally-requested waivers.--For a State
educational agency, local educational agency, or Indian tribe that
receives funds under a program authorized under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) that
requests a waiver under subsection (c), the Secretary may waive
statutory and regulatory requirements under any of the following
provisions of such Act:
(A) Section 1114(a)(1).
(B) Section 1118(a) and section 8521.
(C) Section 1127.
(D) Section 4106(d).
(E) Subparagraphs (C), (D), and (E) of section 4106(e)(2).
(F) Section 4109(b).
(G) The definition under section 8101(42) for purposes of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.).
(3) Applicability to charter schools.--Any waivers issued by
the Secretary under this section shall be implemented, as
applicable--
(A) for all public schools, including public charter
schools within the boundaries of the recipient of the waiver;
(B) in accordance with State charter school law; and
(C) pursuant to section 1111(c)(5) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(c)(5)).
(4) Limitation.--Nothing in this section shall be construed to
allow the Secretary to waive any statutory or regulatory
requirements under applicable civil rights laws.
(5) Accountability and improvement.--Any school located in a
State that receives a waiver under paragraph (1) and that is
identified for comprehensive support and improvement, targeted
support and improvement, or additional targeted support in the
2019-2020 school year under section 1111(c)(4)(D) or section
1111(d)(2) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall maintain that
identification status in the 2020-2021 school year and continue to
receive supports and interventions consistent with the school's
support and improvement plan in the 2020-2021 school year.
(c) State and Local Requests for Waivers.--
(1) In general.--A State educational agency, local educational
agency, or Indian tribe that desires a waiver from any statutory or
regulatory provision described under subsection (b)(2), may submit
a waiver request to the Secretary in accordance with this
subsection.
(2) Requests submitted.--A request for a waiver under this
subsection shall--
(A) identify the Federal programs affected by the requested
waiver;
(B) describe which Federal statutory or regulatory
requirements are to be waived;
(C) describe how the emergency involving Federal primary
responsibility determined to exist by the President under the
section 501(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to
the Coronavirus Disease 2019 (COVID-19) prevents or otherwise
restricts the ability of the State, State educational agency,
local educational agency, Indian tribe, or school to comply
with such statutory or regulatory requirements; and
(D) provide an assurance that the State educational agency,
local educational agency, or Indian tribe will work to mitigate
any negative effects, if any, that may occur as a result of the
requested waiver.
(3) Secretary approval.--
(A) In general.--Except as provided under subparagraph (B),
the Secretary shall approve or disapprove a waiver request
submitted under paragraph (1) not more than 30 days after the
date on which such request is submitted.
(B) Exceptions.--The Secretary may disapprove a waiver
request submitted under paragraph (1), only if the Secretary
determines that--
(i) the waiver request does not meet the requirements
of this section;
(ii) the waiver is not permitted pursuant to subsection
(b)(2); or
(iii) the description required under paragraph (2)(C)
provides insufficient information to demonstrate that the
waiving of such requirements is necessary or appropriate
consistent with subsection (a).
(4) Duration.--A waiver approved by the Secretary under this
section may be for a period not to exceed the 2019-2020 academic
year, except to carry out full implementation of any maintenance of
effort waivers granted during the 2019-2020 academic year.
(d) Reporting and Publication.--
(1) Public notice.--A State educational agency, Indian Tribe,
or local educational agency requesting a waiver under subsection
(b)(2) shall provide the public and all local educational agencies
in the State with notice of, and the opportunity to comment on, the
request by posting information regarding the waiver request and the
process for commenting on the State website.
(2) Notifying congress.--Not later than 7 days after granting a
waiver under this section, the Secretary shall notify the Committee
on Health, Education, Labor, and Pensions of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Education and Labor of the House of Representatives, and the
Committee on Appropriations of the House of Representatives of such
waiver.
(3) Publication.--Not later than 30 days after granting a
waiver under this section, the Secretary shall publish a notice of
the Secretary's decision (including which waiver was granted and
the reason for granting the waiver) in the Federal Register and on
the website of the Department of Education.
(4) Report.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall prepare and submit a report to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate, and the Committee on
Education and Labor and the Committee on Appropriations of the
House of Representatives, with recommendations on any additional
waivers under the Individuals with Disabilities Education Act (20
U.S.C. 1401 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.), the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), and the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.) the Secretary
believes are necessary to be enacted into law to provide limited
flexibility to States and local educational agencies to meet the
needs of students during the emergency involving Federal primary
responsibility determined to exist by the President under section
501(b) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191(b)) with respect to the Coronavirus
Disease 2019 (COVID-19).
(e) Terms.--In this section, the term ``State educational agency''
includes the Bureau of Indian Education, and the term ``local
educational agency'' includes Bureau of Indian Education funded schools
operated pursuant to a grant under the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.), or a contract under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
SEC. 3512. HBCU CAPITAL FINANCING.
(a) Deferment Period.--
(1) In general.--Notwithstanding any provision of title III of
the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or any
regulation promulgated under such title, the Secretary may grant a
deferment, for the duration of a qualifying emergency, to an
institution that has received a loan under part D of title III of
such Act (20 U.S.C. 1066 et seq.).
(2) Terms.--During the deferment period granted under this
subsection--
(A) the institution shall not be required to pay any
periodic installment of principal or interest required under
the loan agreement for such loan; and
(B) the Secretary shall make principal and interest
payments otherwise due under the loan agreement.
(3) Closing.--At the closing of a loan deferred under this
subsection, terms shall be set under which the institution shall be
required to repay the Secretary for the payments of principal and
interest made by the Secretary during the deferment, on a schedule
that begins upon repayment to the lender in full on the loan
agreement, except in no case shall repayment be required to begin
before the date that is 1 full fiscal year after the date that is
the end of the qualifying emergency.
(b) Termination Date.--
(1) In general.--The authority provided under this section to
grant a loan deferment under subsection (a) shall terminate on the
date on which the qualifying emergency is no longer in effect.
(2) Duration.--Any provision of a loan agreement or insurance
agreement modified by the authority under this section shall remain
so modified for the duration of the period covered by the loan
agreement or insurance agreement.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, and every 180 days thereafter during the period beginning on
the first day of the qualifying emergency and ending on September 30 of
the fiscal year following the end of the qualifying emergency, the
Secretary shall submit to the authorizing committees (as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a
report that identifies each institution that received assistance under
this section.
(d) Funding.--There is hereby appropriated, out of any money in the
Treasury not otherwise appropriated, $62,000,000 to carry out this
section.
SEC. 3513. TEMPORARY RELIEF FOR FEDERAL STUDENT LOAN BORROWERS.
(a) In General.--The Secretary shall suspend all payments due for
loans made under part D and part B (that are held by the Department of
Education) of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.; 1071 et seq.) through September 30, 2020.
(b) No Accrual of Interest.--Notwithstanding any other provision of
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), interest
shall not accrue on a loan described under subsection (a) for which
payment was suspended for the period of the suspension.
(c) Consideration of Payments.--Notwithstanding any other provision
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the
Secretary shall deem each month for which a loan payment was suspended
under this section as if the borrower of the loan had made a payment
for the purpose of any loan forgiveness program or loan rehabilitation
program authorized under part D or B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) for which
the borrower would have otherwise qualified.
(d) Reporting to Consumer Reporting Agencies.--During the period in
which the Secretary suspends payments on a loan under subsection (a),
the Secretary shall ensure that, for the purpose of reporting
information about the loan to a consumer reporting agency, any payment
that has been suspended is treated as if it were a regularly scheduled
payment made by a borrower.
(e) Suspending Involuntary Collection.--During the period in which
the Secretary suspends payments on a loan under subsection (a), the
Secretary shall suspend all involuntary collection related to the loan,
including--
(1) a wage garnishment authorized under section 488A of the
Higher Education Act of 1965 (20 U.S.C. 1095a) or section 3720D of
title 31, United States Code;
(2) a reduction of tax refund by amount of debt authorized
under section 3720A of title 31, United States Code, or section
6402(d) of the Internal Revenue Code of 1986;
(3) a reduction of any other Federal benefit payment by
administrative offset authorized under section 3716 of title 31,
United States Code (including a benefit payment due to an
individual under the Social Security Act or any other provision
described in subsection (c)(3)(A)(i) of such section); and
(4) any other involuntary collection activity by the Secretary.
(f) Waivers.--In carrying out this section, the Secretary may waive
the application of--
(1) subchapter I of chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'');
(2) the master calendar requirements under section 482 of the
Higher Education Act of 1965 (20 U.S.C. 1089);
(3) negotiated rulemaking under section 492 of the Higher
Education Act of 1965 (20 U.S.C. 1098a); and
(4) the requirement to publish the notices related to the
system of records of the agency before implementation required
under paragraphs (4) and (11) of section 552a(e) of title 5, United
States Code (commonly known as the ``Privacy Act of 1974''), except
that the notices shall be published not later than 180 days after
the date of enactment of this Act.
(g) Notice to Borrowers and Transition Period.--To inform borrowers
of the actions taken in accordance with this section and ensure an
effective transition, the Secretary shall--
(1) not later than 15 days after the date of enactment of this
Act, notify borrowers--
(A) of the actions taken in accordance with subsections (a)
and (b) for whom payments have been suspended and interest
waived;
(B) of the actions taken in accordance with subsection (e)
for whom collections have been suspended;
(C) of the option to continue making payments toward
principal; and
(D) that the program under this section is a temporary
program.
(2) beginning on August 1, 2020, carry out a program to provide
not less than 6 notices by postal mail, telephone, or electronic
communication to borrowers indicating--
(A) when the borrower's normal payment obligations will
resume; and
(B) that the borrower has the option to enroll in income-
driven repayment, including a brief description of such
options.
SEC. 3514. PROVISIONS RELATED TO THE CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE.
(a) Accrual of Service Hours.--
(1) Accrual through other service hours.--
(A) In general.--Notwithstanding any other provision of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.)
or the National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.), the Corporation for National and Community
Service shall allow an individual described in subparagraph (B)
to accrue other service hours that will count toward the number
of hours needed for the individual's education award.
(B) Affected individuals.--Subparagraph (A) shall apply to
any individual serving in a position eligible for an
educational award under subtitle D of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12601 et seq.)--
(i) who is performing limited service due to COVID-19;
or
(ii) whose position has been suspended or placed on
hold due to COVID-19.
(2) Provisions in case of early exit.--In any case where an
individual serving in a position eligible for an educational award
under subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12601 et seq.) was required to exit the
position early at the direction of the Corporation for National and
Community Service, the Chief Executive Officer of the Corporation
for National and Community Service may--
(A) deem such individual as having met the requirements of
the position; and
(B) award the individual the full value of the educational
award under such subtitle for which the individual would
otherwise have been eligible.
(b) Availability of Funds.--Notwithstanding any other provision of
law, all funds made available to the Corporation for National and
Community Service under any Act, including the amounts appropriated to
the Corporation under the headings ``operating expenses'', ``salaries
and expenses'', and ``office of the inspector general'' under the
heading ``Corporation for National and Community Service'' under title
IV of Division A of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94), shall remain available for the fiscal year ending
September 30, 2021.
(c) No Required Return of Grant Funds.--Notwithstanding section
129(l)(3)(A)(i) of the National and Community Service Act of 1990 (42
U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer of the
Corporation for National and Community Service may permit fixed-amount
grant recipients under such section 129(l) to maintain a pro rata
amount of grant funds, at the discretion of the Corporation for
National and Community Service, for participants who exited, were
suspended, or are serving in a limited capacity due to COVID-19, to
enable the grant recipients to maintain operations and to accept
participants.
(d) Extension of Terms and Age Limits.--Notwithstanding any other
provision of law, the Corporation for National and Community Service
may extend the term of service (for a period not to exceed the 1-year
period immediately following the end of the national emergency) or
waive any upper age limit (except in no case shall the maximum age
exceed 26 years of age) for national service programs carried out by
the National Civilian Community Corps under subtitle E of title I of
the National and Community Service Act of 1990 (42 U.S.C. 12611 et
seq.), and the participants in such programs, for the purposes of--
(1) addressing disruptions due to COVID-19; and
(2) minimizing the difficulty in returning to full operation
due to COVID-19 on such programs and participants.
SEC. 3515. WORKFORCE RESPONSE ACTIVITIES.
(a) Administrative Costs.--Notwithstanding section 128(b)(4) of the
Workforce Innovation Opportunity Act (29 U.S.C. 3163(b)(4)), of the
total amount allocated to a local area (including the total amount
allotted to a single State local area) under subtitle B of title I of
such Act (29 U.S.C. 3151 et seq.) for program year 2019, not more than
20 percent of the total amount may be used for the administrative costs
of carrying out local workforce investment activities under chapter 2
or chapter 3 of subtitle B of title I of such Act, if the portion of
the total amount that exceeds 10 percent of the total amount is used to
respond to a qualifying emergency.
(b) Rapid Response Activities.--
(1) Statewide rapid response.--Of the funds reserved by a
Governor for program year 2019 for statewide activities under
section 128(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3163(a)) that remain unobligated, such funds may be used for
statewide rapid response activities as described in section
134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A)) for responding
to a qualifying emergency.
(2) Local boards.--Of the funds reserved by a Governor for
program year 2019 under section 133(a)(2) of such Act (29 U.S.C.
3173(a)(2)) that remain unobligated, such funds may be released
within 30 days after the date of enactment of this Act to the local
boards most impacted by the coronavirus at the determination of the
Governor for rapid response activities related to responding to a
qualifying emergency.
(c) Definitions.--Except as otherwise provided, the terms in this
section have the meanings given the terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
SEC. 3516. TECHNICAL AMENDMENTS.
(a) In General.--
(1) Section 6103(a)(3) of the Internal Revenue Code of 1986, as
amended by the FUTURE Act (Public Law 116-91), is further amended
by striking ``(13), (16)'' and inserting ``(13)(A), (13)(B),
(13)(C), (13)(D)(i), (16)''.
(2) Section 6103(p)(3)(A) of such Code, as so amended, is
further amended by striking ``(12),'' and inserting ``(12),
(13)(A), (13)(B), (13)(C), (13)(D)(i)''.
(3) Section 6103(p)(4) of such Code, as so amended, is further
amended by striking ``(13) or (16)'' each place it appears and
inserting ``(13), or (16)''.
(4) Section 6103(p)(4) of such Code, as so amended and as
amended by paragraph (3), is further amended by striking ``(13)''
each place it appears and inserting ``(13)(A), (13)(B), (13)(C),
(13)(D)(i)''.
(5) Section 6103(l)(13)(C)(ii) of such Code, as added by the
FUTURE Act (Public Law 116-91), is amended by striking ``section
236A(e)(4)'' and inserting ``section 263A(e)(4)''.
(b) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the FUTURE Act (Public Law
116-91).
SEC. 3517. WAIVER AUTHORITY AND REPORTING REQUIREMENT FOR INSTITUTIONAL
AID.
(a) Waiver Authority.--Notwithstanding any other provision of the
Higher Education Act of 1965 (U.S.C. 1001 et seq.), unless enacted with
specific reference to this section, for any institution of higher
education that was receiving assistance under title III, title V, or
subpart 4 of part A of title VII of such Act (20 U.S.C. 1051 et seq.;
1101 et seq.; 1136a et seq.) at the time of a qualifying emergency, the
Secretary may, for the period beginning on the first day of the
qualifying emergency and ending on September 30 of the fiscal year
following the end of the qualifying emergency--
(1) waive--
(A) the eligibility data requirements set forth in section
391(d) and 521(e) of the Higher Education Act of 1965 (20
U.S.C. 1068(d); 1103(e));
(B) the wait-out period set forth in section 313(d) of the
Higher Education Act of 1965 (20 U.S.C. 1059(d));
(C) the allotment requirements under paragraphs (2) and (3)
of subsection 318(e) of the Higher Education Act of 1965 (20
U.S.C. 1059e(e)), and the reference to ``the academic year
preceding the beginning of that fiscal year'' under such
section 318(e)(1);
(D) the allotment requirements under subsections (b), (c),
and (g) of section 324 of the Higher Education Act of 1965 (20
U.S.C. 1063), the reference to ``the end of the school year
preceding the beginning of that fiscal year'' under such
section 324(a), and the reference to ``the academic year
preceding such fiscal year'' under such section 324(h);
(E) subparagraphs (A), (C), (D), and (E) of section
326(f)(3) of the Higher Education Act of 1965 (20 U.S.C.
1063b(f)(3)), and references to ``previous year'' under such
section 326(f)(3)(B);
(F) subparagraphs (A), (C), (D), and (E) of section
723(f)(3) and subparagraphs (A), (C), (D), and (E) of section
724(f)(3) of the Higher Education Act of 1965 (20 U.S.C.
1136a(f)(3); 1136b(f)(3)), and references to ``previous
academic year'' under subparagraph (B) of such sections
723(f)(3) and 724(f)(3); and
(G) the allotment restriction set forth in section
318(d)(4) and section 323(c)(2) of the Higher Education Act of
1965 (20 U.S.C. 1059e(d)(4); 1062(c)(2)); and
(2) waive or modify any statutory or regulatory provision to
ensure that institutions that were receiving assistance under title
III, title V, or subpart 4 of part A of title VII of such Act (20
U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a
qualifying emergency are not adversely affected by any formula
calculation for fiscal year 2020 and for the period beginning on
the first day of the qualifying emergency and ending on September
30 of the fiscal year following the end of the qualifying
emergency, as necessary.
(b) Use of Unexpended Funds.--Any funds paid to an institution
under title III, title V, or subpart 4 of part A of title VII of the
Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 1101 et seq.;
1136a et seq.) and not expended or used for the purposes for which the
funds were paid to the institution during the 5-year period following
the date on which the funds were first paid to the institution, may be
carried over and expended during the succeeding 5-year period.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, and every 180 days thereafter for the period beginning on the
first day of the qualifying emergency and ending on September 30 of the
fiscal year following the end of the qualifying emergency, the
Secretary shall submit to the authorizing committees (as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a
report that identifies each institution that received a waiver or
modification under this section.
SEC. 3518. AUTHORIZED USES AND OTHER MODIFICATIONS FOR GRANTS.
(a) In General.--The Secretary is authorized to modify the required
and allowable uses of funds for grants awarded under part A or B of
title III, chapter I or II of subpart 2 of part A of title IV, title V,
or subpart 4 of part A of title VII of the Higher Education Act of 1965
(20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a-11 et seq.; 1070a-21 et
seq.; 1101 et seq.; 1136a et seq.) to an institution of higher
education or other grant recipient (not including individual recipients
of Federal student financial assistance), at the request of an
institution of higher education or other recipient of a grant (not
including individual recipients of Federal student financial
assistance) as a result of a qualifying emergency, for the period
beginning on the first day of the qualifying emergency and ending on
September 30 of the fiscal year following the end of the qualifying
emergency.
(b) Matching Requirement Modifications.--Notwithstanding any other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
the Secretary is authorized to modify any Federal share or other
financial matching requirement for a grant awarded on a competitive
basis or a grant awarded under part A or B of title III or subpart 4 of
part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1057
et seq.; 1060 et seq.; 1136a et seq.) at the request of an institution
of higher education or other grant recipient as a result of a
qualifying emergency, for the period beginning on the first day of the
qualifying emergency and ending on September 30 of the fiscal year
following the end of the qualifying emergency.
(c) Reports.--Not later than 180 days after the date of enactment
of this Act, and every 180 days thereafter for the duration of the
period beginning on the first day of the qualifying emergency and
ending on September 30 of the fiscal year following the end of the
qualifying emergency, the Secretary shall submit to the authorizing
committees (as defined in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003)) a report that identifies each institution of
higher education or other grant recipient that received a modification
under this section.
SEC. 3519. SERVICE OBLIGATIONS FOR TEACHERS.
(a) Teach Grants.--For the purpose of section 420N of the Higher
Education Act of 1965 (20 U.S.C. 1070g-2), during a qualifying
emergency, the Secretary--
(1) may modify the categories of extenuating circumstances
under which a recipient of a grant under subpart 9 of part A of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et
seq.) who is unable to fulfill all or part of the recipient's
service obligation may be excused from fulfilling that portion of
the service obligation; and
(2) shall consider teaching service that, as a result of a
qualifying emergency, is part-time or temporarily interrupted, to
be full-time service and to fulfill the service obligations under
such section 420N.
(b) Teacher Loan Forgiveness.--Notwithstanding section 428J or 460
of the Higher Education Act of 1965 (20 U.S.C. 1078-10; 1087j), the
Secretary shall waive the requirements under such sections that years
of teaching service shall be consecutive if--
(1) the teaching service of a borrower is temporarily
interrupted due to a qualifying emergency; and
(2) after the temporary interruption due to a qualifying
emergency, the borrower resumes teaching service and completes a
total of 5 years of qualifying teaching service under such
sections, including qualifying teaching service performed before,
during, and after such qualifying emergency.
Subtitle C--Labor Provisions
SEC. 3601. LIMITATION ON PAID LEAVE.
Section 110(b)(2)(B) of the Family and Medical Leave Act of 1993
(as added by the Emergency Family and Medical Leave Expansion Act) is
amended by striking clause (ii) and inserting the following:
``(ii) Limitation.--An employer shall not be required
to pay more than $200 per day and $10,000 in the aggregate
for each employee for paid leave under this section.''.
SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION.
Section 5102 of the Emergency Paid Sick Leave Act (division E of
the Families First Coronavirus Response Act) is amended by adding at
the end the following:
``(f) Limitations.--An employer shall not be required to pay more
than either--
``(1) $511 per day and $5,110 in the aggregate for each
employee, when the employee is taking leave for a reason described
in paragraph (1), (2), or (3) of section 5102(a); or
``(2) $200 per day and $2,000 in the aggregate for each
employee, when the employee is taking leave for a reason described
in paragraph (4), (5), or (6) of section 5102(a).''.
SEC. 3603. UNEMPLOYMENT INSURANCE.
Section 903(h)(2)(B) of the Social Security Act (42 U.S.C.
1103(h)(2)(B)), as added by section 4102 of the Emergency Unemployment
Insurance Stabilization and Access Act of 2020, is amended to read as
follows:
``(B) The State ensures that applications for unemployment
compensation, and assistance with the application process, are
accessible, to the extent practicable in at least two of the
following: in person, by phone, or online.''.
SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK LEAVE.
(a) Family and Medical Leave Act of 1993.--Section 110(a) of title
I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.)
(as added by division C of the Families First Coronavirus Response Act)
is amended by adding at the end the following new paragraph:
``(4) The Director of the Office of Management and Budget shall
have the authority to exclude for good cause from the requirements
under subsection (b) certain employers of the United States
Government with respect to certain categories of Executive Branch
employees.''.
(b) Emergency Paid Sick Leave Act.--The Emergency Paid Sick Leave
Act (division E of the Families First Coronavirus Response Act) is
amended by adding at the end the following new section:
``SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES.
``The Director of the Office of Management and Budget shall have
the authority to exclude for good cause from the definition of employee
under section 5110(1) certain employees described in subparagraphs (E)
and (F) of such section, including by exempting certain United States
Government employers covered by section 5110(2)(A)(i)(V) from the
requirements of this title with respect to certain categories of
Executive Branch employees.''.
SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES.
Section 110(a)(1)(A) of the Family and Medical Leave Act of 1993,
as added by section 3102 of the Emergency Family and Medical Leave
Expansion Act, is amended to read as follows:
``(A) Eligible employee.--
``(i) In general.--In lieu of the definition in
sections 101(2)(A) and 101(2)(B)(ii), the term `eligible
employee' means an employee who has been employed for at
least 30 calendar days by the employer with respect to whom
leave is requested under section 102(a)(1)(F).
``(ii) Rule regarding rehired employees.--For purposes
of clause (i), the term `employed for at least 30 calendar
days', used with respect to an employee and an employer
described in clause (i), includes an employee who was laid
off by that employer not earlier than March 1, 2020, had
worked for the employer for not less than 30 of the last 60
calendar days prior to the employee's layoff, and was
rehired by the employer.''.
SEC. 3606. ADVANCE REFUNDING OF CREDITS.
(a) Payroll Credit for Required Paid Sick Leave.--Section 7001 of
division G of the Families First Coronavirus Response Act is amended--
(1) in subsection (b)(4)(A)--
(A) by striking ``(A) In general.--If the amount'' and
inserting ``(A)(i) Credit is refundable.--If the amount''; and
(B) by adding at the end the following:
``(ii) Advancing credit.--In anticipation of the
credit, including the refundable portion under clause (i),
the credit may be advanced, according to forms and
instructions provided by the Secretary, up to an amount
calculated under subsection (a), subject to the limits
under subsection (b), both calculated through the end of
the most recent payroll period in the quarter.'';
(2) in subsection (f)--
(A) in paragraph (4), by striking ``, and'' and inserting a
comma;
(B) in paragraph (5), by striking the period at the end and
inserting ``, and''; and
(C) by adding at the end the following:
``(6) regulations or other guidance to permit the advancement
of the credit determined under subsection (a).''; and
(3) by inserting after subsection (h) the following new
subsection:
``(i) Treatment of Deposits.--The Secretary of the Treasury (or the
Secretary's delegate) shall waive any penalty under section 6656 of the
Internal Revenue Code of 1986 for any failure to make a deposit of the
tax imposed by section 3111(a) or 3221(a) of such Code if the Secretary
determines that such failure was due to the anticipation of the credit
allowed under this section.''.
(b) Payroll Credit for Required Paid Family Leave.--Section 7003 of
division G of the Families First Coronavirus Response Act is amended--
(1) in subsection (b)(3)--
(A) by striking ``If the amount'' and inserting ``(A)
Credit is refundable.--If the amount''; and
(B) by adding at the end the following:
``(B) Advancing credit.--In anticipation of the credit,
including the refundable portion under subparagraph (A), the
credit may be advanced, according to forms and instructions
provided by the Secretary, up to an amount calculated under
subsection (a), subject to the limits under subsection (b),
both calculated through the end of the most recent payroll
period in the quarter.'';
(2) in subsection (f)--
(A) in paragraph (4), by striking ``, and'' and inserting a
comma;
(B) in paragraph (5), by striking the period at the end and
inserting ``, and''; and
(C) by adding at the end the following:
``(6) regulations or other guidance to permit the advancement
of the credit determined under subsection (a).''; and
(c) by inserting after subsection (h) the following new subsection:
``(i) Treatment of Deposits.--The Secretary of the Treasury (or the
Secretary's delegate) shall waive any penalty under section 6656 of the
Internal Revenue Code of 1986 for any failure to make a deposit of the
tax imposed by section 3111(a) or 3221(a) of such Code if the Secretary
determines that such failure was due to the anticipation of the credit
allowed under this section.''.
SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE CERTAIN DEADLINES.
Section 518 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1148) is amended by striking ``or a terroristic or military
action (as defined in section 692(c)(2) of such Code), the Secretary
may'' and inserting ``a terroristic or military action (as defined in
section 692(c)(2) of such Code), or a public health emergency declared
by the Secretary of Health and Human Services pursuant to section 319
of the Public Health Service Act, the Secretary may''.
SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING RULES.
(a) Delay in Payment of Minimum Required Contributions.--In the
case of any minimum required contribution (as determined under section
430(a) of the Internal Revenue Code of 1986 and section 303(a) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(a)))
which (but for this section) would otherwise be due under section
430(j) of such Code (including quarterly contributions under paragraph
(3) thereof) and section 303(j) of such Act (29 U.S.C. 1083(j))
(including quarterly contributions under paragraph (3) thereof) during
calendar year 2020--
(1) the due date for such contributions shall be January 1,
2021, and
(2) the amount of each such minimum required contribution shall
be increased by interest accruing for the period between the
original due date (without regard to this section) for the
contribution and the payment date, at the effective rate of
interest for the plan for the plan year which includes such payment
date.
(b) Benefit Restriction Status.--For purposes of section 436 of the
Internal Revenue Code of 1986 and section 206(g) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)), a plan
sponsor may elect to treat the plan's adjusted funding target
attainment percentage for the last plan year ending before January 1,
2020, as the adjusted funding target attainment percentage for plan
years which include calendar year 2020.
SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER CHARITY
PENSION PLAN RULES TO CERTAIN CHARITABLE EMPLOYERS WHOSE PRIMARY EXEMPT
PURPOSE IS PROVIDING SERVICES WITH RESPECT TO MOTHERS AND CHILDREN.
(a) Employee Retirement Income Security Act of 1974.--Section
210(f)(1) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1060(f)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)(iv)
and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) that, as of January 1, 2000, was maintained by an
employer--
``(i) described in section 501(c)(3) of the Internal
Revenue Code of 1986,
``(ii) who has been in existence since at least 1938,
``(iii) who conducts medical research directly or
indirectly through grant making, and
``(iv) whose primary exempt purpose is to provide
services with respect to mothers and children.''.
(b) Internal Revenue Code of 1986.--Section 414(y)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)(iv)
and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) that, as of January 1, 2000, was maintained by an
employer--
``(i) described in section 501(c)(3),
``(ii) who has been in existence since at least 1938,
``(iii) who conducts medical research directly or
indirectly through grant making, and
``(iv) whose primary exempt purpose is to provide
services with respect to mothers and children.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2018.
SEC. 3610. FEDERAL CONTRACTOR AUTHORITY.
Notwithstanding any other provision of law, and subject to the
availability of appropriations, funds made available to an agency by
this Act or any other Act may be used by such agency to modify the
terms and conditions of a contract, or other agreement, without
consideration, to reimburse at the minimum applicable contract billing
rates not to exceed an average of 40 hours per week any paid leave,
including sick leave, a contractor provides to keep its employees or
subcontractors in a ready state, including to protect the life and
safety of Government and contractor personnel, but in no event beyond
September 30, 2020. Such authority shall apply only to a contractor
whose employees or subcontractors cannot perform work on a site that
has been approved by the Federal Government, including a federally-
owned or leased facility or site, due to facility closures or other
restrictions, and who cannot telework because their job duties cannot
be performed remotely during the public health emergency declared on
January 31, 2020 for COVID-19: Provided, That the maximum reimbursement
authorized by this section shall be reduced by the amount of credit a
contractor is allowed pursuant to division G of Public Law 116-127 and
any applicable credits a contractor is allowed under this Act.
SEC. 3611. TECHNICAL CORRECTIONS.
(1) Section 110(a)(3) of the Family and Medical Leave Act of
1993 (as added by the Emergency and Medical Leave Expansion Act) is
amended by striking ``553(d)(A)'' and inserting ``553(d)(3)''.
(2) Section 5111 of the Emergency Paid Sick Leave Act (division
E of the Families First Coronavirus Response Act) is amended by
striking ``553(d)(A)'' and inserting ``553(d)(3)''.
(3) Section 110(c) of the Family and Medical Leave Act of 1993
(as added by the Emergency and Medical Leave Expansion Act) is
amended by striking ``subsection (a)(2)(A)(iii)'' and inserting
``subsection (a)(2)(A)''.
(4) Section 3104 of the Emergency Family and Medical Leave
Expansion Act (division C of the Families First Coronavirus
Response Act) is amended--
(A) by striking ``110(a)(B)'' and inserting ``section
110(a)(1)(B) of the Family and Medical Leave Act of 1993''; and
(B) by striking ``section 107(a) for a violation of section
102(a)(1)(F) if the employer does not meet the definition of
employer set forth in Section 101(4)(A)(i)'' and inserting
``section 107(a) of such Act for a violation of section
102(a)(1)(F) of such Act if the employer does not meet the
definition of employer set forth in section 101(4)(A)(i) of
such Act''.
(5) Section 5110(1) of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus Response Act) is
amended--
(A) in the matter preceding subparagraph (A), by striking
``terms'' and inserting ``term''; and
(B) in subparagraph (A)(i), by striking ``paragraph
(5)(A)'' and inserting ``paragraph (2)(A)''.
(6) Section 5110(2)(B)(ii) of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus Response Act) is
amended by striking ``clause (i)(IV)'' and inserting ``clause
(i)(III)''.
(7) Section 110(a)(3) of the Family and Medical Leave Act of
1993 (as added by the Emergency and Medical Leave Expansion Act) is
amended--
(A) by striking ``and'' after the semicolon at the end of
subparagraph (A);
(B) by striking the period at end of subparagraph (B) and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) as necessary to carry out the purposes of this Act,
including to ensure consistency between this Act and Division E
and Division G of the Families First Coronavirus Response
Act.''.
(8) Section 5104(1) of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus Response Act) is
amended by striking ``and'' after the semicolon and inserting
``or''.
(9) Section 5105 of the Emergency Paid Sick Leave Act (division
E of the Families First Coronavirus Response Act) is amended by
adding at the end the following:
``(c) Investigations and Collection of Data.--The Secretary of
Labor or his designee may investigate and gather data to ensure
compliance with this Act in the same manner as authorized by sections 9
and 11 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209; 211).''.
Subtitle D--Finance Committee
SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES.
(a) In General.--Paragraph (2) of section 223(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(E) Safe harbor for absence of deductible for
telehealth.--In the case of plan years beginning on or before
December 31, 2021, a plan shall not fail to be treated as a
high deductible health plan by reason of failing to have a
deductible for telehealth and other remote care services.''.
(b) Certain Coverage Disregarded.--Clause (ii) of section
223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by
striking ``or long-term care'' and inserting ``long-term care, or (in
the case of plan years beginning on or before December 31, 2021)
telehealth and other remote care''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER MEDICAL PRODUCTS AS
QUALIFIED MEDICAL EXPENSES.
(a) HSAs.--Section 223(d)(2) of the Internal Revenue Code of 1986
is amended--
(1) by striking the last sentence of subparagraph (A) and
inserting the following: ``For purposes of this subparagraph,
amounts paid for menstrual care products shall be treated as paid
for medical care.''; and
(2) by adding at the end the following new subparagraph:
``(D) Menstrual care product.--For purposes of this
paragraph, the term `menstrual care product' means a tampon,
pad, liner, cup, sponge, or similar product used by individuals
with respect to menstruation or other genital-tract
secretions.''.
(b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by
striking the last sentence and inserting the following: ``For purposes
of this subparagraph, amounts paid for menstrual care products (as
defined in section 223(d)(2)(D)) shall be treated as paid for medical
care.''.
(c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of such Code is amended by striking
subsection (f) and inserting the following new subsection:
``(f) Reimbursements for Menstrual Care Products.--For purposes of
this section and section 105, expenses incurred for menstrual care
products (as defined in section 223(d)(2)(D)) shall be treated as
incurred for medical care.''.
(d) Effective Dates.--
(1) Distributions from savings accounts.--The amendment made by
subsections (a) and (b) shall apply to amounts paid after December
31, 2019.
(2) Reimbursements.--The amendment made by subsection (c) shall
apply to expenses incurred after December 31, 2019.
SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES DURING
EMERGENCY PERIOD.
Section 1135 of the Social Security Act (42 U.S.C. 1320b-5) is
amended--
(1) in subsection (b)(8), by striking ``to an individual by a
qualified provider (as defined in subsection (g)(3))'' and all that
follows through the period and inserting ``, the requirements of
section 1834(m).''; and
(2) in subsection (g), by striking paragraph (3).
SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FEDERALLY
QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS DURING EMERGENCY
PERIOD.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in the first sentence of paragraph (1), by striking ``The
Secretary'' and inserting ``Subject to paragraph (8), the
Secretary'';
(2) in paragraph (2)(A), by striking ``The Secretary'' and
inserting ``Subject to paragraph (8), the Secretary'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking ``The term'' and
inserting ``Subject to paragraph (8), the term''; and
(B) in subparagraph (F)(i), by striking ``The term'' and
inserting ``Subject to paragraph (8), the term''; and
(4) by adding at the end the following new paragraph:
``(8) Enhancing telehealth services for federally qualified
health centers and rural health clinics during emergency period.--
``(A) In general.--During the emergency period described in
section 1135(g)(1)(B)--
``(i) the Secretary shall pay for telehealth services
that are furnished via a telecommunications system by a
Federally qualified health center or a rural health clinic
to an eligible telehealth individual enrolled under this
part notwithstanding that the Federally qualified health
center or rural clinic providing the telehealth service is
not at the same location as the beneficiary;
``(ii) the amount of payment to a Federally qualified
health center or rural health clinic that serves as a
distant site for such a telehealth service shall be
determined under subparagraph (B); and
``(iii) for purposes of this subsection--
``(I) the term `distant site' includes a Federally
qualified health center or rural health clinic that
furnishes a telehealth service to an eligible
telehealth individual; and
``(II) the term `telehealth services' includes a
rural health clinic service or Federally qualified
health center service that is furnished using
telehealth to the extent that payment codes
corresponding to services identified by the Secretary
under clause (i) or (ii) of paragraph (4)(F) are listed
on the corresponding claim for such rural health clinic
service or Federally qualified health center service.
``(B) Special payment rule.--
``(i) In general.--The Secretary shall develop and
implement payment methods that apply under this subsection
to a Federally qualified health center or rural health
clinic that serves as a distant site that furnishes a
telehealth service to an eligible telehealth individual
during such emergency period. Such payment methods shall be
based on payment rates that are similar to the national
average payment rates for comparable telehealth services
under the physician fee schedule under section 1848.
Notwithstanding any other provision of law, the Secretary
may implement such payment methods through program
instruction or otherwise.
``(ii) Exclusion from fqhc pps calculation and rhc air
calculation.--Costs associated with telehealth services
shall not be used to determine the amount of payment for
Federally qualified health center services under the
prospective payment system under section 1834(o) or for
rural health clinic services under the methodology for all-
inclusive rates (established by the Secretary) under
section 1833(a)(3).''.
SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR FACE-TO-FACE VISITS
BETWEEN HOME DIALYSIS PATIENTS AND PHYSICIANS.
Section 1881(b)(3)(B) of the Social Security Act (42 U.S.C.
1395rr(b)(3)(B)) is amended--
(1) in clause (i), by striking ``clause (ii)'' and inserting
``clauses (ii) and (iii)'';
(2) in clause (ii), in the matter preceding subclause (I), by
striking ``Clause (i)'' and inserting ``Except as provided in
clause (iii), clause (i)''; and
(3) by adding at the end the following new clause:
``(iii) The Secretary may waive the provisions of
clause (ii) during the emergency period described in
section 1135(g)(1)(B).''.
SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER PRIOR TO
RECERTIFICATION OF ELIGIBILITY FOR HOSPICE CARE DURING EMERGENCY
PERIOD.
Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C.
1395f(a)(7(D)(i)) is amended--
(1) by striking ``a hospice'' and inserting ``(I) subject to
subclause (II), a hospice''; and
(2) by inserting after subclause (I), as added by paragraph
(1), the following new subclause:
``(II) during the emergency period described in section
1135(g)(1)(B), a hospice physician or nurse practitioner
may conduct a face-to-face encounter required under this
clause via telehealth, as determined appropriate by the
Secretary; and''.
SEC. 3707. ENCOURAGING USE OF TELECOMMUNICATIONS SYSTEMS FOR HOME
HEALTH SERVICES FURNISHED DURING EMERGENCY PERIOD.
With respect to home health services (as defined in section 1861(m)
of the Social Security Act (42 U.S.C. 1395x(m)) that are furnished
during the emergency period described in section 1135(g)(1)(B) of such
Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and Human
Services shall consider ways to encourage the use of telecommunications
systems, including for remote patient monitoring as described in
section 409.46(e) of title 42, Code of Federal Regulations (or any
successor regulations) and other communications or monitoring services,
consistent with the plan of care for the individual, including by
clarifying guidance and conducting outreach, as appropriate.
SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES.
(a) Part A Provisions.--Section 1814(a) of the Social Security Act
(42 U.S.C. 1395f(a)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``, a nurse practitioner or clinical nurse specialist (as such
terms are defined in section 1861(aa)(5)) who is working in
accordance with State law, or a physician assistant (as defined
in section 1861(aa)(5)) who is working in accordance with State
law, who is'' after ``in the case of services described in
subparagraph (C), a physician''; and
(B) in subparagraph (C)--
(i) by inserting ``, a nurse practitioner, a clinical
nurse specialist, or a physician assistant (as the case may
be)'' after ``physician'' the first 2 times it appears; and
(ii) by striking ``, and, in the case of a
certification made by a physician'' and all that follows
through ``face-to-face encounter'' and inserting ``, and,
in the case of a certification made by a physician after
January 1, 2010, or by a nurse practitioner, clinical nurse
specialist, or physician assistant (as the case may be)
after a date specified by the Secretary (but in no case
later than the date that is 6 months after the date of the
enactment of the CARES Act), prior to making such
certification a physician, nurse practitioner, clinical
nurse specialist, or physician assistant must document that
a physician, nurse practitioner, clinical nurse specialist,
certified nurse-midwife (as defined in section 1861(gg)) as
authorized by State law, or physician assistant has had a
face-to-face encounter'';
(2) in the third sentence--
(A) by striking ``physician certification'' and inserting
``certification'';
(B) by inserting ``(or in the case of regulations to
implement the amendments made by section 3708 of the CARES Act,
the Secretary shall prescribe regulations, which shall become
effective no later than 6 months after the date of the
enactment of such Act)'' after ``1981''; and
(C) by striking ``a physician who'' and inserting ``a
physician, nurse practitioner, clinical nurse specialist, or
physician assistant who'';
(3) in the fourth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, or physician assistant''
after ``physician''; and
(4) in the fifth sentence--
(A) by inserting ``or no later than 6 months after the date
of the enactment of the CARES Act for purposes of documentation
for certification and recertification made under paragraph (2)
by a nurse practitioner, clinical nurse specialist, or
physician assistant,'' after ``January 1, 2019''; and
(B) by inserting ``, nurse practitioner, clinical nurse
specialist, or physician assistant'' after ``of the
physician''.
(b) Part B Provisions.--Section 1835(a) of the Social Security Act
(42 U.S.C. 1395n(a)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``, a nurse practitioner or clinical nurse specialist (as those
terms are defined in section 1861(aa)(5)) who is working in
accordance with State law, or a physician assistant (as defined
in section 1861(aa)(5)) who is working in accordance with State
law, who is'' after ``in the case of services described in
subparagraph (A), a physician''; and
(B) in subparagraph (A)--
(i) in each of clauses (ii) and (iii) of subparagraph
(A) by inserting ``, a nurse practitioner, a clinical nurse
specialist, or a physician assistant (as the case may be)''
after ``physician''; and
(ii) in clause (iv), by striking ``after January 1,
2010'' and all that follows through ``face-to-face
encounter'' and inserting ``made by a physician after
January 1, 2010, or by a nurse practitioner, clinical nurse
specialist, or physician assistant (as the case may be)
after a date specified by the Secretary (but in no case
later than the date that is 6 months after the date of the
enactment of the CARES Act), prior to making such
certification a physician, nurse practitioner, clinical
nurse specialist, or physician assistant must document that
a physician, nurse practitioner, clinical nurse specialist,
certified nurse-midwife (as defined in section 1861(gg)) as
authorized by State law, or physician assistant has had a
face-to-face encounter'';
(2) in the third sentence, by inserting ``, nurse practitioner,
clinical nurse specialist, or physician assistant (as the case may
be)'' after physician;
(3) in the fourth sentence--
(A) by striking ``physician certification'' and inserting
``certification'';
(B) by inserting ``(or in the case of regulations to
implement the amendments made by section 3708 of the CARES Act
the Secretary shall prescribe regulations which shall become
effective no later than 6 months after the enactment of such
Act)'' after ``1981''; and
(C) by striking ``a physician who'' and inserting ``a
physician, nurse practitioner, clinical nurse specialist, or
physician assistant who'';
(4) in the fifth sentence, by inserting ``, nurse practitioner,
clinical nurse specialist, or physician assistant'' after
``physician''; and
(5) in the sixth sentence--
(A) by inserting ``or no later than 6 months after the date
of the enactment of the CARES Act for purposes of documentation
for certification and recertification made under paragraph (2)
by a nurse practitioner, clinical nurse specialist, or
physician assistant,'' after ``January 1, 2019''; and
(B) by inserting ``, nurse practitioner, clinical nurse
specialist, or physician assistant'' after ``of the
physician''.
(c) Definition Provisions.--
(1) Home health services.--Section 1861(m) of the Social
Security Act (42 U.S.C. 1395x(m)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, a nurse practitioner or a clinical
nurse specialist (as those terms are defined in subsection
(aa)(5)), or a physician assistant (as defined in
subsection (aa)(5))'' after ``physician'' the first place
it appears; and
(ii) by inserting ``, a nurse practitioner, a clinical
nurse specialist, or a physician assistant'' after
``physician'' the second place it appears; and
(B) in paragraph (3), by inserting ``, a nurse
practitioner, a clinical nurse specialist, or a physician
assistant'' after ``physician''.
(2) Home health agency.--Section 1861(o)(2) of the Social
Security Act (42 U.S.C. 1395x(o)(2)) is amended--
(A) by inserting ``, nurse practitioners or clinical nurse
specialists (as those terms are defined in subsection (aa)(5)),
certified nurse-midwives (as defined in subsection (gg)), or
physician assistants (as defined in subsection (aa)(5))'' after
``physicians''; and
(B) by inserting ``, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, physician assistant,''
after ``physician''.
(3) Covered osteoporosis drug.--Section 1861(kk)(1) of the
Social Security Act (42 U.S.C. 1395x(kk)(1)) is amended by
inserting ``, nurse practitioner or clinical nurse specialist (as
those terms are defined in subsection (aa)(5)), certified nurse-
midwife (as defined in subsection (gg)), or physician assistant (as
defined in subsection (aa)(5))'' after ``attending physician''.
(d) Home Health Prospective Payment System Provisions.--Section
1895 of the Social Security Act (42 U.S.C. 1395fff) is amended--
(1) in subsection (c)(1)--
(A) by striking ``(provided under section 1842(r))''; and
(B) by inserting ``the nurse practitioner or clinical nurse
specialist (as those terms are defined in section 1861(aa)(5)),
or the physician assistant (as defined in section
1861(aa)(5))'' after ``physician''; and
(2) in subsection (e)--
(A) in paragraph (1)(A), by inserting ``a nurse
practitioner or clinical nurse specialist, or a physician
assistant'' after ``physician''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``Physician
certification'' and inserting ``Rule of construction
regarding requirement for certification''; and
(ii) by striking ``physician''.
(e) Application to Medicaid.--The amendments made under this
section shall apply under title XIX of the Social Security Act in the
same manner and to the same extent as such requirements apply under
title XVIII of such Act or regulations promulgated thereunder.
(f) Effective Date.--The Secretary of Health and Human Services
shall prescribe regulations to apply the amendments made by this
section to items and services furnished, which shall become effective
no later than 6 months after the date of the enactment of this
legislation. The Secretary shall promulgate an interim final rule if
necessary, to comply with the required effective date.
SEC. 3709. ADJUSTMENT OF SEQUESTRATION.
(a) Temporary Suspension of Medicare Sequestration.--During the
period beginning on May 1, 2020 and ending on December 31, 2020, the
Medicare programs under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) shall be exempt from reduction under any
sequestration order issued before, on, or after the date of enactment
of this Act.
(b) Extension of Direct Spending Reductions Through Fiscal Year
2030.--Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (B), in the matter preceding clause (i), by
striking ``through 2029'' and inserting ``through 2030''; and
(2) in subparagraph (C), in the matter preceding clause (i), by
striking ``fiscal year 2029'' and inserting ``fiscal year 2030''.
SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT SYSTEM ADD-
ON PAYMENT FOR COVID-19 PATIENTS DURING EMERGENCY PERIOD.
(a) In General.--Section 1886(d)(4)(C) of the Social Security Act
(42 U.S.C. 1395ww(d)(4)(C)) is amended by adding at the end the
following new clause:
``(iv)(I) For discharges occurring during the emergency period
described in section 1135(g)(1)(B), in the case of a discharge of an
individual diagnosed with COVID-19, the Secretary shall increase the
weighting factor that would otherwise apply to the diagnosis-related
group to which the discharge is assigned by 20 percent. The Secretary
shall identify a discharge of such an individual through the use of
diagnosis codes, condition codes, or other such means as may be
necessary.
``(II) Any adjustment under subclause (I) shall not be taken into
account in applying budget neutrality under clause (iii)
``(III) In the case of a State for which the Secretary has waived
all or part of this section under the authority of section 1115A,
nothing in this section shall preclude such State from implementing an
adjustment similar to the adjustment under subclause (I).''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement the amendment made by subsection (a) by
program instruction or otherwise.
SEC. 3711. INCREASING ACCESS TO POST-ACUTE CARE DURING EMERGENCY
PERIOD.
(a) Waiver of IRF 3-hour Rule.--With respect to inpatient
rehabilitation services furnished by a rehabilitation facility
described in section 1886(j)(1) of the Social Security Act (42 U.S.C.
1395ww(j)(1)) during the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)),
the Secretary of Health and Human Services shall waive section
412.622(a)(3)(ii) of title 42, Code of Federal Regulations (or any
successor regulations), relating to the requirement that patients of an
inpatient rehabilitation facility receive at least 15 hours of therapy
per week.
(b) Waiver of Site-neutral Payment Rate Provisions for Long-term
Care Hospitals.--With respect to inpatient hospital services furnished
by a long-term care hospital described in section 1886(d)(1)(B)(iv) of
the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) during the
emergency period described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and
Human Services shall waive the following provisions of section
1886(m)(6) of such Act (42 U.S.C. 1395ww(m)(6)):
(1) LTCH 50-percent rule.--Subparagraph (C)(ii) of such
section, relating to the payment adjustment for long-term care
hospitals that do not have a discharge payment percentage for the
period that is at least 50 percent.
(2) Site-neutral ipps payment rate.--Subparagraph (A)(i) of
such section, relating to the application of the site-neutral
payment rate (and payment shall be made to a long-term care
hospital without regard to such section) for a discharge if the
admission occurs during such emergency period and is in response to
the public health emergency described in such section
1135(g)(1)(B).
SEC. 3712. REVISING PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER
THE MEDICARE PROGRAM THROUGH DURATION OF EMERGENCY PERIOD.
(a) Rural and Noncontiguous Areas.--The Secretary of Health and
Human Services shall implement section 414.210(g)(9)(iii) of title 42,
Code of Federal Regulations (or any successor regulation), to apply the
transition rule described in such section to all applicable items and
services furnished in rural areas and noncontiguous areas (as such
terms are defined for purposes of such section) as planned through
December 31, 2020, and through the duration of the emergency period
described in section 1135(g)(1)(B) of the Social Security Act (42
U.S.C. 1320b-5(g)(1)(B)), if longer.
(b) Areas Other Than Rural and Noncontiguous Areas.--With respect
to items and services furnished on or after the date that is 30 days
after the date of the enactment of this Act, the Secretary of Health
and Human Services shall apply section 414.210(g)(9)(iv) of title 42,
Code of Federal Regulations (or any successor regulation), as if the
reference to ``dates of service from June 1, 2018 through December 31,
2020, based on the fee schedule amount for the area is equal to 100
percent of the adjusted payment amount established under this section''
were instead a reference to ``dates of service from March 6, 2020,
through the remainder of the duration of the emergency period described
in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)), based on the fee schedule amount for the area is equal to
75 percent of the adjusted payment amount established under this
section and 25 percent of the unadjusted fee schedule amount''.
SEC. 3713. COVERAGE OF THE COVID-19 VACCINE UNDER PART B OF THE
MEDICARE PROGRAM WITHOUT ANY COST-SHARING.
(a) Medical and Other Health Services.--Section 1861(s)(10)(A) of
the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended by
inserting ``, and COVID-19 vaccine and its administration'' after
``influenza vaccine and its administration''.
(b) Part B Deductible.--The first sentence of section 1833(b) of
the Social Security Act (42 U.S.C. 1395l(b)) is amended--
(1) in paragraph (10), by striking ``and'' at the end; and
(2) in paragraph (11), by striking the period at the end and
inserting ``, and (12) such deductible shall not apply with respect
a COVID-19 vaccine and its administration described in section
1861(s)(10)(A).''.
(c) Medicare Advantage.--Section 1852(a)(1)(B) of the Social
Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended--
(1) in clause (iv)--
(A) by redesignating subclause (VI) as subclause (VII); and
(B) by inserting after subclause (V) the following new
subclause:
``(VI) A COVID-19 vaccine and its administration
described in section 1861(s)(10)(A).''; and
(2) in clause (v), by striking ``subclauses (IV) and (V)''
inserting ``subclauses (IV), (V), and (VI)''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply with
respect to a COVID-19 vaccine beginning on the date that such vaccine
is licensed under section 351 of the Public Health Service Act (42
U.S.C. 262).
(e) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement the provisions of, and the amendments made
by, this section by program instruction or otherwise.
SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD PLANS
TO ALLOW DURING THE COVID-19 EMERGENCY PERIOD FOR FILLS AND REFILLS OF
COVERED PART D DRUGS FOR UP TO A 3-MONTH SUPPLY.
(a) In General.--Section 1860D-4(b) of the Social Security Act (42
U.S.C. 1395w-104(b)) is amended by adding at the end the following new
paragraph:
``(4) Ensuring access during covid-19 public health emergency
period.--
``(A) In general.--During the emergency period described in
section 1135(g)(1)(B), subject to subparagraph (B), a
prescription drug plan or MA-PD plan shall, notwithstanding any
cost and utilization management, medication therapy management,
or other such programs under this part, permit a part D
eligible individual enrolled in such plan to obtain in a single
fill or refill, at the option of such individual, the total day
supply (not to exceed a 90-day supply) prescribed for such
individual for a covered part D drug.
``(B) Safety edit exception.--A prescription drug plan or
MA-PD plan may not permit a part D eligible individual to
obtain a single fill or refill inconsistent with an applicable
safety edit.''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendment
made by this section by program instruction or otherwise.
SEC. 3715. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN ACUTE CARE
HOSPITALS.
Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) is
amended--
(1) by inserting ``(1)'' after ``(h)'';
(2) by inserting ``, home and community-based services provided
under subsection (c), (d), or (i) of section 1915 or under a waiver
or demonstration project under section 1115, self-directed personal
assistance services provided pursuant to a written plan of care
under section 1915(j), and home and community-based attendant
services and supports under section 1915(k)'' before the period;
and
(3) by adding at the end the following:
``(2) Nothing in this title, title XVIII, or title XI shall be
construed as prohibiting receipt of any care or services specified in
paragraph (1) in an acute care hospital that are--
``(A) identified in an individual's person-centered service
plan (or comparable plan of care);
``(B) provided to meet needs of the individual that are not met
through the provision of hospital services;
``(C) not a substitute for services that the hospital is
obligated to provide through its conditions of participation or
under Federal or State law, or under another applicable
requirement; and
``(D) designed to ensure smooth transitions between acute care
settings and home and community-based settings, and to preserve the
individual's functional abilities.''.
SEC. 3716. CLARIFICATION REGARDING UNINSURED INDIVIDUALS.
Subsection (ss) of section 1902 of the Social Security Act (42
U.S.C. 1396a), as added by section 6004(a)(3)(C) of the Families First
Coronavirus Response Act, is amended--
(1) in paragraph (1), by inserting ``(excluding subclause
(VIII) of such subsection if the individual is a resident of a
State which does not furnish medical assistance to individuals
described in such subclause)'' before the semicolon; and
(2) in paragraph (2), by inserting ``, except that individuals
who are eligible for medical assistance under subsection
(a)(10)(A)(ii)(XII), subsection (a)(10)(A)(ii)(XVIII), subsection
(a)(10)(A)(ii)(XXI), or subsection (a)(10)(C) (but only to the
extent such an individual is considered to not have minimum
essential coverage under section 5000A(f)(1) of the Internal
Revenue Code of 1986), or who are described in subsection (l)(1)(A)
and are eligible for medical assistance only because of subsection
(a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX) and whose eligibility for
such assistance is limited by the State under clause (VII) in the
matter following subsection (a)(10)(G), shall not be treated as
enrolled in a Federal health care program for purposes of this
paragraph'' before the period at the end.
SEC. 3717. CLARIFICATION REGARDING COVERAGE OF COVID-19 TESTING
PRODUCTS.
Subparagraph (B) of section 1905(a)(3) of the Social Security Act
(42 U.S.C. 1396d(a)(3)), as added by section 6004(a)(1)(C) of the
Families First Coronavirus Response Act (Public Law 116-127), is
amended by striking ``that are approved, cleared, or authorized under
section 510(k), 513, 515 or 564 of the Federal Food, Drug, and Cosmetic
Act''.
SEC. 3718. AMENDMENTS RELATING TO REPORTING REQUIREMENTS WITH RESPECT
TO CLINICAL DIAGNOSTIC LABORATORY TESTS.
(a) Revised Reporting Period for Reporting of Private Sector
Payment Rates for Establishment of Medicare Payment Rates.--Section
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B))
is amended--
(1) in clause (i), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''; and
(2) in clause (ii)--
(A) by striking ``January 1, 2021'' and inserting ``January
1, 2022''; and
(B) by striking ``March 31, 2021'' and inserting ``March
31, 2022''.
(b) Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security Act (42
U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``through 2023'' and
inserting ``through 2024''; and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iii);
(C) by inserting after clause (i) the following new clause:
``(ii) for 2021, 0 percent; and''; and
(D) in clause (iii), as redesignated by subparagraph (B),
by striking ``2021 through 2023'' and inserting ``2022 through
2024''.
SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL ACCELERATED PAYMENT
PROGRAM DURING THE COVID-19 PUBLIC HEALTH EMERGENCY.
Section 1815 of the Social Security Act (42 U.S.C. 1395g) is
amended--
(1) in subsection (e)(3), by striking ``In the case'' and
inserting ``Subject to subsection (f), in the case''; and
(2) by adding at the end the following new subsection:
``(f)(1) During the emergency period described in section
1135(g)(1)(B), the Secretary shall expand the program under subsection
(e)(3) pursuant to paragraph (2).
``(2) In expanding the program under subsection (e)(3), the
following shall apply:
``(A)(i) In addition to the hospitals described in subsection
(e)(3), the following hospitals shall be eligible to participate in
the program:
``(I) Hospitals described in clause (iii) of section
1886(d)(1)(B).
``(II) Hospitals described in clause (v) of such section.
``(III) Critical access hospitals (as defined in section
1861(mm)(1)).
``(ii) Subject to appropriate safeguards against fraud, waste,
and abuse, upon a request of a hospital described in clause (i),
the Secretary shall provide accelerated payments under the program
to such hospital.
``(B) Upon the request of the hospital, the Secretary may do
any of the following:
``(i) Make accelerated payments on a periodic or lump sum
basis.
``(ii) Increase the amount of payment that would otherwise
be made to hospitals under the program up to 100 percent (or,
in the case of critical access hospitals, up to 125 percent).
``(iii) Extend the period that accelerated payments cover
so that it covers up to a 6-month period.
``(C) Upon the request of the hospital, the Secretary shall do
the following:
``(i) Provide up to 120 days before claims are offset to
recoup the accelerated payment.
``(ii) Allow not less than 12 months from the date of the
first accelerated payment before requiring that the outstanding
balance be paid in full.
``(3) Nothing in this subsection shall preclude the Secretary from
carrying out the provisions described in clauses (i), (ii), and (iii)
of paragraph (2)(B) and clauses (i) and (ii) of paragraph (2)(C) under
the program under subsection (e)(3) after the period for which this
subsection applies.
``(4) Notwithstanding any other provision of law, the Secretary may
implement the provisions of this subsection by program instruction or
otherwise.''.
SEC. 3720. DELAYING REQUIREMENTS FOR ENHANCED FMAP TO ENABLE STATE
LEGISLATION NECESSARY FOR COMPLIANCE.
Section 6008 of the Families First Coronavirus Response Act is
amended by adding at the end the following new subsection:
``(d) Delay in Application of Premium Requirement.--During the 30
day period beginning on the date of enactment of this Act, a State
shall not be ineligible for the increase to the Federal medical
assistance percentage of the State described in subsection (a) on the
basis that the State imposes a premium that violates the requirement of
subsection (b)(2) if such premium was in effect on the date of
enactment of this Act.''.
Subtitle E--Health and Human Services Extenders
PART I--MEDICARE PROVISIONS
SEC. 3801. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``May 23, 2020'' and inserting
``December 1, 2020''.
SEC. 3802. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT,
AND SELECTION.
(a) In General.--Section 1890(d)(2) of the Social Security Act (42
U.S.C. 1395aaa(d)(2)) is amended--
(1) in the first sentence, by striking ``and $4,830,000 for the
period beginning on October 1, 2019, and ending on May 22, 2020''
and inserting ``$20,000,000 for fiscal year 2020, and for the
period beginning on October 1, 2020, and ending on November 30,
2020, the amount equal to the pro rata portion of the amount
appropriated for such period for fiscal year 2020''; and
(2) in the third sentence, by striking ``and 2019 and for the
period beginning on October 1, 2019, and ending on May 22, 2020''
and inserting ``, 2019, and 2020, and for the period beginning on
October 1, 2020, and ending on November 30, 2020,''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94).
SEC. 3803. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME
PROGRAMS.
(a) Funding Extensions.--
(1) Additional funding for state health insurance programs.--
Subsection (a)(1)(B) of section 119 of the Medicare Improvements
for Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as
amended by section 3306 of the Patient Protection and Affordable
Care Act (Public Law 111-148), section 610 of the American Taxpayer
Relief Act of 2012 (Public Law 112-240), section 1110 of the
Pathway for SGR Reform Act of 2013 (Public Law 113-67), section 110
of the Protecting Access to Medicare Act of 2014 (Public Law 113-
93), section 208 of the Medicare Access and CHIP Reauthorization
Act of 2015 (Public Law 114-10), section 50207 of division E of the
Bipartisan Budget Act of 2018 (Public Law 115-123), section 1402 of
division B of the Continuing Appropriations Act, 2020, and Health
Extenders Act of 2019 (Public Law 116-59), section 1402 of division
B of the Further Continuing Appropriations Act, 2020, and Further
Health Extenders Act of 2019 (Public Law 116-69), and section 103
of division N of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94) is amended by striking clauses (x) through
(xii) and inserting the following new clauses:
``(x) for fiscal year 2020, of $13,000,000; and
``(xi) for the period beginning on October 1, 2020, and
ending on November 30, 2020, the amount equal to the pro
rata portion of the amount appropriated for such period for
fiscal year 2020.''.
(2) Additional funding for area agencies on aging.--Subsection
(b)(1)(B) of such section 119, as so amended, is amended by
striking clauses (x) through (xii) and inserting the following new
clauses:
``(x) for fiscal year 2020, of $7,500,000; and
``(xi) for the period beginning on October 1, 2020, and
ending on November 30, 2020, the amount equal to the pro
rata portion of the amount appropriated for such period for
fiscal year 2020.''.
(3) Additional funding for aging and disability resource
centers.--Subsection (c)(1)(B) of such section 119, as so amended,
is amended by striking clauses (x) through (xii) and inserting the
following new clauses:
``(x) for fiscal year 2020, of $5,000,000; and
``(xi) for the period beginning on October 1, 2020, and
ending on November 30, 2020, the amount equal to the pro
rata portion of the amount appropriated for such period for
fiscal year 2020.''.
(4) Additional funding for contract with the national center
for benefits and outreach enrollment.--Subsection (d)(2) of such
section 119, as so amended, is amended by striking clauses (x)
through (xii) and inserting the following new clauses:
``(x) for fiscal year 2020, of $12,000,000; and
``(xi) for the period beginning on October 1, 2020, and
ending on November 30, 2020, the amount equal to the pro
rata portion of the amount appropriated for such period for
fiscal year 2020.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94).
PART II--MEDICAID PROVISIONS
SEC. 3811. EXTENSION OF THE MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION PROGRAM.
Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C.
1396a note) is amended--
(1) in paragraph (1), by striking subparagraph (G) and
inserting the following:
``(G) subject to paragraph (3), $337,500,000 for the period
beginning on January 1, 2020, and ending on September 30, 2020;
and
``(H) subject to paragraph (3), for the period beginning on
October 1, 2020, and ending on November 30, 2020, the amount
equal to the pro rata portion of the amount appropriated for
such period for fiscal year 2020.''; and
(2) in paragraph (3), by striking ``and (G)'' and inserting ``,
(G), and (H)''.
SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C.
1396r-5 note) is amended by striking ``May 22, 2020'' and inserting
``November 30, 2020''.
(b) Rule of Construction.--Nothing in section 2404 of Public Law
111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the
Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be
construed as prohibiting a State from--
(1) applying an income or resource disregard under a
methodology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))--
(A) to the income or resources of an individual described
in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C.
1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income
or resources of such individual's spouse); or
(B) on the basis of an individual's need for home and
community-based services authorized under subsection (c), (d),
(i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or
under section 1115 of such Act (42 U.S.C. 1315); or
(2) disregarding an individual's spousal income and assets
under a plan amendment to provide medical assistance for home and
community-based services for individuals by reason of being
determined eligible under section 1902(a)(10)(C) of such Act (42
U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act
(42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of
income based on costs incurred for medical or other remedial care
under which the State disregarded the income and assets of the
individual's spouse in determining the initial and ongoing
financial eligibility of an individual for such services in place
of the spousal impoverishment provisions applied under section 1924
of such Act (42 U.S.C. 1396r-5).
SEC. 3813. DELAY OF DSH REDUCTIONS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended--
(1) in clause (i), in the matter preceding subclause (I), by
striking ``May 23, 2020, and ending September 30, 2020, and for
each of fiscal years 2021'' and inserting ``December 1, 2020, and
ending September 30, 2021, and for each of fiscal years 2022''; and
(2) in clause (ii)--
(A) in subclause (I), by striking ``May 23, 2020, and
ending September 30, 2020'' and inserting ``December 1, 2020,
and ending September 30, 2021''; and
(B) in subclause (II), by striking ``2021'' and inserting
``2022''.
SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.
(a) In General.--Section 223(d) of the Protecting Access to
Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
(1) in paragraph (3)--
(A) by striking ``Not more than'' and inserting ``Subject
to paragraph (8), not more than''; and
(B) by striking ``May 22, 2020'' and inserting ``November
30, 2020''; and
(2) by adding at the end the following new paragraph:
``(8) Additional programs.--
``(A) In general.--Not later than 6 months after the date
of enactment of this paragraph, in addition to the 8 States
selected under paragraph (1), the Secretary shall select 2
States to participate in 2-year demonstration programs that
meet the requirements of this subsection.
``(B) Selection of states.--
``(i) In general.--Subject to clause (ii), in selecting
States under this paragraph, the Secretary--
``(I) shall select States that--
``(aa) were awarded planning grants under
subsection (c); and
``(bb) applied to participate in the
demonstration programs under this subsection under
paragraph (1) but, as of the date of enactment of
this paragraph, were not selected to participate
under paragraph (1); and
``(II) shall use the results of the Secretary's
evaluation of each State's application under paragraph
(1) to determine which States to select, and shall not
require the submission of any additional application.
``(C) Requirements for selected states.--Prior to services
being delivered under the demonstration authority in a State
selected under this paragraph, the State shall--
``(i) submit a plan to monitor certified community
behavioral health clinics under the demonstration program
to ensure compliance with certified community behavioral
health criteria during the demonstration period; and
``(ii) commit to collecting data, notifying the
Secretary of any planned changes that would deviate from
the prospective payment system methodology outlined in the
State's demonstration application, and obtaining approval
from the Secretary for any such change before implementing
the change.''.
(b) Limitation.--Section 223(d)(5) of the Protecting Access to
Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
(1) in subparagraph (B), in the matter preceding clause (i), by
striking ``The Federal matching'' and inserting ``Subject to
subparagraph (C)(iii), the Federal matching''; and
(2) in subparagraph (C), by adding at the end the following new
clause:
``(iii) Payments for amounts expended after 2019.--The
Federal matching percentage applicable under subparagraph
(B) to amounts expended by a State participating in the
demonstration program under this subsection shall--
``(I) in the case of a State participating in the
demonstration program as of January 1, 2020, apply to
amounts expended by the State during the 8 fiscal
quarter period (or any portion of such period) that
begins on January 1, 2020; and
``(II) in the case of a State selected to
participate in the demonstration program under
paragraph (8), during first 8 fiscal quarter period (or
any portion of such period) that the State participates
in a demonstration program.''.
(c) GAO Study and Report on the Community and Mental Health
Services Demonstration Program.--
(1) In general.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Finance of the Senate a
report on the community and mental health services demonstration
program conducted under section 223 of the Protecting Access to
Medicare Act of 2014 (42 U.S.C. 1396a note) (referred to in this
subsection as the ``demonstration program'').
(2) Content of report.--The report required under paragraph (1)
shall include the following information:
(A) Information on States' experiences participating in the
demonstration program, including the extent to which States--
(i) measure the effects of access to certified
community behavioral health clinics on patient health and
cost of care, including--
(I) engagement in treatment for behavioral health
conditions;
(II) relevant clinical outcomes, to the extent
collected;
(III) screening and treatment for comorbid medical
conditions; and
(IV) use of crisis stabilization, emergency
department, and inpatient care.
(B) Information on Federal efforts to evaluate the
demonstration program, including--
(i) quality measures used to evaluate the program;
(ii) assistance provided to States on data collection
and reporting;
(iii) assessments of the reliability and usefulness of
State-submitted data; and
(iv) the extent to which such efforts provide
information on the relative quality, scope, and cost of
services as compared with services not provided under the
demonstration program, and in comparison to Medicaid
beneficiaries with mental illness and substance use
disorders not served under the demonstration program.
(C) Recommendations for improvements to the following:
(i) The reporting, accuracy, and validation of
encounter data.
(ii) Accuracy in payments to certified community
behavioral health clinics under State plans or waivers
under title XIX of the Social Security Act (42 U.S.C. 1396
et seq.).
PART III--HUMAN SERVICES AND OTHER HEALTH PROGRAMS
SEC. 3821. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PROGRAM.
Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A)--
(i) by striking ``and 2019 and for the period beginning
October 1, 2019, and ending May 22, 2020'' and inserting
``through 2020 and for the period beginning October 1,
2020, and ending November 30, 2020''; and
(ii) by striking ``fiscal year 2020'' and inserting
``fiscal year 2021''
(B) in paragraph (2)(A)--
(i) by striking ``and 2019 and for the period beginning
October 1, 2019, and ending May 22, 2020'' and inserting
``through 2020 and for the period beginning October 1,
2020, and ending November 30, 2020''; and
(ii) by striking ``fiscal year 2020'' and inserting
``fiscal year 2021''; and
(2) in subsection (f)(1), by striking ``and 2019 and
$48,287,671 for the period beginning October 1, 2019, and ending
May 22, 2020'' and inserting ``through 2020, and for the period
beginning on October 1, 2020, and ending on November 30, 2020, the
amount equal to the pro rata portion of the amount appropriated for
such period for fiscal year 2020''.
SEC. 3822. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM.
Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``2019 and for the period beginning
October 1, 2019, and ending May 22, 2020'' and inserting
``2020 and for the period beginning October 1, 2020, and
ending November 30, 2020''; and
(ii) in subparagraph (B)(i), by striking by striking
``October 1, 2019, and ending May 22, 2020'' and inserting
``October 1, 2020, and ending November 30, 2020'';
(2) in paragraph (4)(A), by striking ``2019'' each place it
appears and inserting ``2020''; and
(3) in subsection (f), by striking ``2019 and $48,287,671 for
the period beginning October 1, 2019, and ending May 22, 2020'' and
inserting ``2020, and for the period beginning on October 1, 2020,
and ending on November 30, 2020, the amount equal to the pro rata
portion of the amount appropriated for such period for fiscal year
2020''.
SEC. 3823. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS HEALTH
PROFESSIONS WORKFORCE NEEDS.
Activities authorized by section 2008 of the Social Security Act
shall continue through November 30, 2020, in the manner authorized for
fiscal year 2019, and out of any money in the Treasury of the United
States not otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose. Grants and payments may be
made pursuant to this authority through the date so specified at the
pro rata portion of the total amount authorized for such activities in
fiscal year 2019.
SEC. 3824. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
PROGRAM AND RELATED PROGRAMS.
Activities authorized by part A of title IV and section 1108(b) of
the Social Security Act shall continue through November 30, 2020, in
the manner authorized for fiscal year 2019, and out of any money in the
Treasury of the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such purpose.
PART IV--PUBLIC HEALTH PROVISIONS
SEC. 3831. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL HEALTH
SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE GME PROGRAMS.
(a) Community Health Centers.--Section 10503(b)(1)(F) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F))
is amended by striking ``and $2,575,342,466 for the period beginning on
October 1, 2019, and ending on May 22, 2020'' and inserting
``$4,000,000,000 for fiscal year 2020, and $668,493,151 for the period
beginning on October 1, 2020, and ending on November 30, 2020''.
(b) National Health Service Corps.--Section 10503(b)(2) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)) is
amended--
(1) in subparagraph (F), by striking ``and'' at the end; and
(2) by striking subparagraph (G) and inserting the following:
``(G) $310,000,000 for fiscal year 2020; and
``(H) $51,808,219 for the period beginning on October 1,
2020, and ending on November 30, 2020.''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g)(1) of the Public Health Service Act (42
U.S.C. 256h(g)(1)) is amended by striking ``and 2019, and $81,445,205
for the period beginning on October 1, 2019, and ending on May 22,
2020'' and inserting ``through fiscal year 2020, and $21,141,096 for
the period beginning on October 1, 2020, and ending on November 30,
2020''.
(d) Application of Provisions.--Amounts appropriated pursuant to
the amendments made by this section for fiscal year 2020 and for the
period beginning on October 1, 2020, and ending on November 30, 2020,
shall be subject to the requirements contained in Public Law 116-94 for
funds for programs authorized under sections 330 through 340 of the
Public Health Service Act (42 U.S.C. 254 through 256).
(e) Conforming Amendment.--Paragraph (4) of section 3014(h) of
title 18, United States Code, as amended by section 401(e) of division
N of Public Law 116-94, is amended by striking ``section 401(d) of
division N of the Further Consolidated Appropriations Act, 2020'' and
inserting ``section 3831 of the CARES Act''.
SEC. 3832. DIABETES PROGRAMS.
(a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act
(42 U.S.C. 254c-2(b)(2)(D)) is amended by striking ``and 2019, and
$96,575,342 for the period beginning on October 1, 2019, and ending on
May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the
period beginning on October 1, 2020, and ending on November 30, 2020''.
(b) Indians.--Section 330C(c)(2)(D) of the Public Health Service
Act (42 U.S.C. 254c-3(c)(2)(D)) is amended by striking ``and 2019, and
$96,575,342 for the period beginning on October 1, 2019, and ending on
May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the
period beginning on October 1, 2020, and ending on November 30, 2020''.
PART V--MISCELLANEOUS PROVISIONS
SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS FOR FISCAL YEAR 2020.
Expenditures made under any provision of law amended in this title
pursuant to the amendments made by the Continuing Appropriations Act,
2020, and Health Extenders Act of 2019 (Public Law 116-59), the Further
Continuing Appropriations Act, 2020, and Further Health Extenders Act
of 2019 (Public Law 116-69), and the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) for fiscal year 2020 shall
be charged to the applicable appropriation or authorization provided by
the amendments made by this title to such provision of law for such
fiscal year.
Subtitle F--Over-the-Counter Drugs
PART I--OTC DRUG REVIEW
SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT ARE
MARKETED WITHOUT AN APPROVED DRUG APPLICATION.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 505F of such Act (21 U.S.C.
355g) the following:
``SEC. 505G. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT ARE
MARKETED WITHOUT AN APPROVED DRUG APPLICATION.
``(a) Nonprescription Drugs Marketed Without an Approved
Application.--Nonprescription drugs marketed without an approved drug
application under section 505, as of the date of the enactment of this
section, shall be treated in accordance with this subsection.
``(1) Drugs subject to a final monograph; category i drugs
subject to a tentative final monograph.--A drug is deemed to be
generally recognized as safe and effective under section 201(p)(1),
not a new drug under section 201(p), and not subject to section
503(b)(1), if--
``(A) the drug is--
``(i) in conformity with the requirements for
nonprescription use of a final monograph issued under part
330 of title 21, Code of Federal Regulations (except as
provided in paragraph (2)), the general requirements for
nonprescription drugs, and conditions or requirements under
subsections (b), (c), and (k); and
``(ii) except as permitted by an order issued under
subsection (b) or, in the case of a minor change in the
drug, in conformity with an order issued under subsection
(c), in a dosage form that, immediately prior to the date
of the enactment of this section, has been used to a
material extent and for a material time under section
201(p)(2); or
``(B) the drug is--
``(i) classified in category I for safety and
effectiveness under a tentative final monograph that is the
most recently applicable proposal or determination issued
under part 330 of title 21, Code of Federal Regulations;
``(ii) in conformity with the proposed requirements for
nonprescription use of such tentative final monograph, any
applicable subsequent determination by the Secretary, the
general requirements for nonprescription drugs, and
conditions or requirements under subsections (b), (c), and
(k); and
``(iii) except as permitted by an order issued under
subsection (b) or, in the case of a minor change in the
drug, in conformity with an order issued under subsection
(c), in a dosage form that, immediately prior to the date
of the enactment of this section, has been used to a
material extent and for a material time under section
201(p)(2).
``(2) Treatment of sunscreen drugs.--With respect to sunscreen
drugs subject to this section, the applicable requirements in terms
of conformity with a final monograph, for purposes of paragraph
(1)(A)(i), shall be the requirements specified in part 352 of title
21, Code of Federal Regulations, as published on May 21, 1999,
beginning on page 27687 of volume 64 of the Federal Register,
except that the applicable requirements governing effectiveness and
labeling shall be those specified in section 201.327 of title 21,
Code of Federal Regulations.
``(3) Category iii drugs subject to a tentative final
monograph; category i drugs subject to proposed monograph or
advance notice of proposed rulemaking.--A drug that is not
described in paragraph (1), (2), or (4) is not required to be the
subject of an application approved under section 505, and is not
subject to section 503(b)(1), if--
``(A) the drug is--
``(i) classified in category III for safety or
effectiveness in the preamble of a proposed rule
establishing a tentative final monograph that is the most
recently applicable proposal or determination for such drug
issued under part 330 of title 21, Code of Federal
Regulations;
``(ii) in conformity with--
``(I) the conditions of use, including indication
and dosage strength, if any, described for such
category III drug in such preamble or in an applicable
subsequent proposed rule;
``(II) the proposed requirements for drugs
classified in such tentative final monograph in
category I in the most recently proposed rule
establishing requirements related to such tentative
final monograph and in any final rule establishing
requirements that are applicable to the drug; and
``(III) the general requirements for
nonprescription drugs and conditions or requirements
under subsection (b) or (k); and
``(iii) in a dosage form that, immediately prior to the
date of the enactment of this section, had been used to a
material extent and for a material time under section
201(p)(2); or
``(B) the drug is--
``(i) classified in category I for safety and
effectiveness under a proposed monograph or advance notice
of proposed rulemaking that is the most recently applicable
proposal or determination for such drug issued under part
330 of title 21, Code of Federal Regulations;
``(ii) in conformity with the requirements for
nonprescription use of such proposed monograph or advance
notice of proposed rulemaking, any applicable subsequent
determination by the Secretary, the general requirements
for nonprescription drugs, and conditions or requirements
under subsection (b) or (k); and
``(iii) in a dosage form that, immediately prior to the
date of the enactment of this section, has been used to a
material extent and for a material time under section
201(p)(2).
``(4) Category ii drugs deemed new drugs.--A drug that is
classified in category II for safety or effectiveness under a
tentative final monograph or that is subject to a determination to
be not generally recognized as safe and effective in a proposed
rule that is the most recently applicable proposal issued under
part 330 of title 21, Code of Federal Regulations, shall be deemed
to be a new drug under section 201(p), misbranded under section
502(ee), and subject to the requirement for an approved new drug
application under section 505 beginning on the day that is 180
calendar days after the date of the enactment of this section,
unless, before such day, the Secretary determines that it is in the
interest of public health to extend the period during which the
drug may be marketed without such an approved new drug application.
``(5) Drugs not grase deemed new drugs.--A drug that the
Secretary has determined not to be generally recognized as safe and
effective under section 201(p)(1) under a final determination
issued under part 330 of title 21, Code of Federal Regulations,
shall be deemed to be a new drug under section 201(p), misbranded
under section 502(ee), and subject to the requirement for an
approved new drug application under section 505.
``(6) Other drugs deemed new drugs.--Except as provided in
subsection (m), a drug is deemed to be a new drug under section
201(p) and misbranded under section 502(ee) if the drug--
``(A) is not subject to section 503(b)(1); and
``(B) is not described in paragraph (1), (2), (3), (4), or
(5), or subsection (b)(1)(B).
``(b) Administrative Orders.--
``(1) In general.--
``(A) Determination.--The Secretary may, on the initiative
of the Secretary or at the request of one or more requestors,
issue an administrative order determining whether there are
conditions under which a specific drug, a class of drugs, or a
combination of drugs, is determined to be--
``(i) not subject to section 503(b)(1); and
``(ii) generally recognized as safe and effective under
section 201(p)(1).
``(B) Effect.--A drug or combination of drugs shall be
deemed to not require approval under section 505 if such drug
or combination of drugs--
``(i) is determined by the Secretary to meet the
conditions specified in clauses (i) and (ii) of
subparagraph (A);
``(ii) is marketed in conformity with an administrative
order under this subsection;
``(iii) meets the general requirements for
nonprescription drugs; and
``(iv) meets the requirements under subsections (c) and
(k).
``(C) Standard.--The Secretary shall find that a drug is
not generally recognized as safe and effective under section
201(p)(1) if--
``(i) the evidence shows that the drug is not generally
recognized as safe and effective under section 201(p)(1);
or
``(ii) the evidence is inadequate to show that the drug
is generally recognized as safe and effective under section
201(p)(1).
``(2) Administrative orders initiated by the secretary.--
``(A) In general.--In issuing an administrative order under
paragraph (1) upon the Secretary's initiative, the Secretary
shall--
``(i) make reasonable efforts to notify informally, not
later than 2 business days before the issuance of the
proposed order, the sponsors of drugs who have a listing in
effect under section 510(j) for the drugs or combination of
drugs that will be subject to the administrative order;
``(ii) after any such reasonable efforts of
notification--
``(I) issue a proposed administrative order by
publishing it on the website of the Food and Drug
Administration and include in such order the reasons
for the issuance of such order; and
``(II) publish a notice of availability of such
proposed order in the Federal Register;
``(iii) except as provided in subparagraph (B), provide
for a public comment period with respect to such proposed
order of not less than 45 calendar days; and
``(iv) if, after completion of the proceedings
specified in clauses (i) through (iii), the Secretary
determines that it is appropriate to issue a final
administrative order--
``(I) issue the final administrative order,
together with a detailed statement of reasons, which
order shall not take effect until the time for
requesting judicial review under paragraph (3)(D)(ii)
has expired;
``(II) publish a notice of such final
administrative order in the Federal Register;
``(III) afford requestors of drugs that will be
subject to such order the opportunity for formal
dispute resolution up to the level of the Director of
the Center for Drug Evaluation and Research, which
initially must be requested within 45 calendar days of
the issuance of the order, and, for subsequent levels
of appeal, within 30 calendar days of the prior
decision; and
``(IV) except with respect to drugs described in
paragraph (3)(B), upon completion of the formal dispute
resolution procedure, inform the persons which sought
such dispute resolution of their right to request a
hearing.
``(B) Exceptions.--When issuing an administrative order
under paragraph (1) on the Secretary's initiative proposing to
determine that a drug described in subsection (a)(3) is not
generally recognized as safe and effective under section
201(p)(1), the Secretary shall follow the procedures in
subparagraph (A), except that--
``(i) the proposed order shall include notice of--
``(I) the general categories of data the Secretary
has determined necessary to establish that the drug is
generally recognized as safe and effective under
section 201(p)(1); and
``(II) the format for submissions by interested
persons;
``(ii) the Secretary shall provide for a public comment
period of no less than 180 calendar days with respect to
such proposed order, except when the Secretary determines,
for good cause, that a shorter period is in the interest of
public health; and
``(iii) any person who submits data in such comment
period shall include a certification that the person has
submitted all evidence created, obtained, or received by
that person that is both within the categories of data
identified in the proposed order and relevant to a
determination as to whether the drug is generally
recognized as safe and effective under section 201(p)(1).
``(3) Hearings; judicial review.--
``(A) In general.--Only a person who participated in each
stage of formal dispute resolution under subclause (III) of
paragraph (2)(A)(iv) of an administrative order with respect to
a drug may request a hearing concerning a final administrative
order issued under such paragraph with respect to such drug. If
a hearing is sought, such person must submit a request for a
hearing, which shall be based solely on information in the
administrative record, to the Secretary not later than 30
calendar days after receiving notice of the final decision of
the formal dispute resolution procedure.
``(B) No hearing required with respect to orders relating
to certain drugs.--
``(i) In general.--The Secretary shall not be required
to provide notice and an opportunity for a hearing pursuant
to paragraph (2)(A)(iv) if the final administrative order
involved relates to a drug--
``(I) that is described in subsection (a)(3)(A);
and
``(II) with respect to which no human or non-human
data studies relevant to the safety or effectiveness of
such drug have been submitted to the administrative
record since the issuance of the most recent tentative
final monograph relating to such drug.
``(ii) Human data studies and non-human data defined.--
In this subparagraph:
``(I) The term `human data studies' means clinical
trials of safety or effectiveness (including actual use
studies), pharmacokinetics studies, or bioavailability
studies.
``(II) The term `non-human data' means data from
testing other than with human subjects which provides
information concerning safety or effectiveness.
``(C) Hearing procedures.--
``(i) Denial of request for hearing.--If the Secretary
determines that information submitted in a request for a
hearing under subparagraph (A) with respect to a final
administrative order issued under paragraph (2)(A)(iv) does
not identify the existence of a genuine and substantial
question of material fact, the Secretary may deny such
request. In making such a determination, the Secretary may
consider only information and data that are based on
relevant and reliable scientific principles and
methodologies.
``(ii) Single hearing for multiple related requests.--
If more than one request for a hearing is submitted with
respect to the same administrative order under subparagraph
(A), the Secretary may direct that a single hearing be
conducted in which all persons whose hearing requests were
granted may participate.
``(iii) Presiding officer.--The presiding officer of a
hearing requested under subparagraph (A) shall--
``(I) be designated by the Secretary;
``(II) not be an employee of the Center for Drug
Evaluation and Research; and
``(III) not have been previously involved in the
development of the administrative order involved or
proceedings relating to that administrative order.
``(iv) Rights of parties to hearing.--The parties to a
hearing requested under subparagraph (A) shall have the
right to present testimony, including testimony of expert
witnesses, and to cross-examine witnesses presented by
other parties. Where appropriate, the presiding officer may
require that cross-examination by parties representing
substantially the same interests be consolidated to promote
efficiency and avoid duplication.
``(v) Final decision.--
``(I) At the conclusion of a hearing requested
under subparagraph (A), the presiding officer of the
hearing shall issue a decision containing findings of
fact and conclusions of law. The decision of the
presiding officer shall be final.
``(II) The final decision may not take effect until
the period under subparagraph (D)(ii) for submitting a
request for judicial review of such decision expires.
``(D) Judicial review of final administrative order.--
``(i) In general.--The procedures described in section
505(h) shall apply with respect to judicial review of final
administrative orders issued under this subsection in the
same manner and to the same extent as such section applies
to an order described in such section except that the
judicial review shall be taken by filing in an appropriate
district court of the United States in lieu of the
appellate courts specified in such section.
``(ii) Period to submit a request for judicial
review.--A person eligible to request a hearing under this
paragraph and seeking judicial review of a final
administrative order issued under this subsection shall
file such request for judicial review not later than 60
calendar days after the latest of--
``(I) the date on which notice of such order is
published;
``(II) the date on which a hearing with respect to
such order is denied under subparagraph (B) or (C)(i);
``(III) the date on which a final decision is made
following a hearing under subparagraph (C)(v); or
``(IV) if no hearing is requested, the date on
which the time for requesting a hearing expires.
``(4) Expedited procedure with respect to administrative orders
initiated by the secretary.--
``(A) Imminent hazard to the public health.--
``(i) In general.--In the case of a determination by
the Secretary that a drug, class of drugs, or combination
of drugs subject to this section poses an imminent hazard
to the public health, the Secretary, after first making
reasonable efforts to notify, not later than 48 hours
before issuance of such order under this subparagraph,
sponsors who have a listing in effect under section 510(j)
for such drug or combination of drugs--
``(I) may issue an interim final administrative
order for such drug, class of drugs, or combination of
drugs under paragraph (1), together with a detailed
statement of the reasons for such order;
``(II) shall publish in the Federal Register a
notice of availability of any such order; and
``(III) shall provide for a public comment period
of at least 45 calendar days with respect to such
interim final order.
``(ii) Nondelegation.--The Secretary may not delegate
the authority to issue an interim final administrative
order under this subparagraph.
``(B) Safety labeling changes.--
``(i) In general.--In the case of a determination by
the Secretary that a change in the labeling of a drug,
class of drugs, or combination of drugs subject to this
section is reasonably expected to mitigate a significant or
unreasonable risk of a serious adverse event associated
with use of the drug, the Secretary may--
``(I) make reasonable efforts to notify informally,
not later than 48 hours before the issuance of the
interim final order, the sponsors of drugs who have a
listing in effect under section 510(j) for such drug or
combination of drugs;
``(II) after reasonable efforts of notification,
issue an interim final administrative order in
accordance with paragraph (1) to require such change,
together with a detailed statement of the reasons for
such order;
``(III) publish in the Federal Register a notice of
availability of such order; and
``(IV) provide for a public comment period of at
least 45 calendar days with respect to such interim
final order.
``(ii) Content of order.--An interim final order issued
under this subparagraph with respect to the labeling of a
drug may provide for new warnings and other information
required for safe use of the drug.
``(C) Effective date.--An order under subparagraph (A) or
(B) shall take effect on a date specified by the Secretary.
``(D) Final order.--After the completion of the proceedings
in subparagraph (A) or (B), the Secretary shall--
``(i) issue a final order in accordance with paragraph
(1);
``(ii) publish a notice of availability of such final
administrative order in the Federal Register; and
``(iii) afford sponsors of such drugs that will be
subject to such an order the opportunity for formal dispute
resolution up to the level of the Director of the Center
for Drug Evaluation and Research, which must initially be
within 45 calendar days of the issuance of the order, and
for subsequent levels of appeal, within 30 calendar days of
the prior decision.
``(E) Hearings.--A sponsor of a drug subject to a final
order issued under subparagraph (D) and that participated in
each stage of formal dispute resolution under clause (iii) of
such subparagraph may request a hearing on such order. The
provisions of subparagraphs (A), (B), and (C) of paragraph (3),
other than paragraph (3)(C)(v)(II), shall apply with respect to
a hearing on such order in the same manner and to the same
extent as such provisions apply with respect to a hearing on an
administrative order issued under paragraph (2)(A)(iv).
``(F) Timing.--
``(i) Final order and hearing.--The Secretary shall--
``(I) not later than 6 months after the date on
which the comment period closes under subparagraph (A)
or (B), issue a final order in accordance with
paragraph (1); and
``(II) not later than 12 months after the date on
which such final order is issued, complete any hearing
under subparagraph (E).
``(ii) Dispute resolution request.--The Secretary shall
specify in an interim final order issued under subparagraph
(A) or (B) such shorter periods for requesting dispute
resolution under subparagraph (D)(iii) as are necessary to
meet the requirements of this subparagraph.
``(G) Judicial review.--A final order issued pursuant to
subparagraph (F) shall be subject to judicial review in
accordance with paragraph (3)(D).
``(5) Administrative order initiated at the request of a
requestor.--
``(A) In general.--In issuing an administrative order under
paragraph (1) at the request of a requestor with respect to
certain drugs, classes of drugs, or combinations of drugs--
``(i) the Secretary shall, after receiving a request
under this subparagraph, determine whether the request is
sufficiently complete and formatted to permit a substantive
review;
``(ii) if the Secretary determines that the request is
sufficiently complete and formatted to permit a substantive
review, the Secretary shall--
``(I) file the request; and
``(II) initiate proceedings with respect to issuing
an administrative order in accordance with paragraphs
(2) and (3); and
``(iii) except as provided in paragraph (6), if the
Secretary determines that a request does not meet the
requirements for filing or is not sufficiently complete and
formatted to permit a substantive review, the requestor may
demand that the request be filed over protest, and the
Secretary shall initiate proceedings to review the request
in accordance with paragraph (2)(A).
``(B) Request to initiate proceedings.--
``(i) In general.--A requestor seeking an
administrative order under paragraph (1) with respect to
certain drugs, classes of drugs, or combinations of drugs,
shall submit to the Secretary a request to initiate
proceedings for such order in the form and manner as
specified by the Secretary. Such requestor may submit a
request under this subparagraph for the issuance of an
administrative order--
``(I) determining whether a drug is generally
recognized as safe and effective under section
201(p)(1), exempt from section 503(b)(1), and not
required to be the subject of an approved application
under section 505; or
``(II) determining whether a change to a condition
of use of a drug is generally recognized as safe and
effective under section 201(p)(1), exempt from section
503(b)(1), and not required to be the subject of an
approved application under section 505, if, absent such
a changed condition of use, such drug is--
``(aa) generally recognized as safe and
effective under section 201(p)(1) in accordance
with subsection (a)(1), (a)(2), or an order under
this subsection; or
``(bb) subject to subsection (a)(3), but only
if such requestor initiates such request in
conjunction with a request for the Secretary to
determine whether such drug is generally recognized
as safe and effective under section 201(p)(1),
which is filed by the Secretary under subparagraph
(A)(ii).
``(ii) Exception.--The Secretary is not required to
complete review of a request for a change described in
clause (i)(II) if the Secretary determines that there is an
inadequate basis to find the drug is generally recognized
as safe and effective under section 201(p)(1) under
paragraph (1) and issues a final order announcing that
determination.
``(iii) Withdrawal.--The requestor may withdraw a
request under this paragraph, according to the procedures
set forth pursuant to subsection (d)(2)(B). Notwithstanding
any other provision of this section, if such request is
withdrawn, the Secretary may cease proceedings under this
subparagraph.
``(C) Exclusivity.--
``(i) In general.--A final administrative order issued
in response to a request under this section shall have the
effect of authorizing solely the order requestor (or the
licensees, assignees, or successors in interest of such
requestor with respect to the subject of such order), for a
period of 18 months following the effective date of such
final order and beginning on the date the requestor may
lawfully market such drugs pursuant to the order, to market
drugs--
``(I) incorporating changes described in clause
(ii); and
``(II) subject to the limitations under clause
(iv).
``(ii) Changes described.--A change described in this
clause is a change subject to an order specified in clause
(i), which--
``(I) provides for a drug to contain an active
ingredient (including any ester or salt of the active
ingredient) not previously incorporated in a drug
described in clause (iii); or
``(II) provides for a change in the conditions of
use of a drug, for which new human data studies
conducted or sponsored by the requestor (or for which
the requestor has an exclusive right of reference) were
essential to the issuance of such order.
``(iii) Drugs described.--The drugs described in this
clause are drugs--
``(I) specified in subsection (a)(1), (a)(2), or
(a)(3);
``(II) subject to a final order issued under this
section;
``(III) subject to a final sunscreen order (as
defined in section 586(2)(A)); or
``(IV) described in subsection (m)(1), other than
drugs subject to an active enforcement action under
chapter III of this Act.
``(iv) Limitations on exclusivity.--
``(I) In general.--Only one 18-month period under
this subparagraph shall be granted, under each order
described in clause (i), with respect to changes (to
the drug subject to such order) which are either--
``(aa) changes described in clause (ii)(I),
relating to active ingredients; or
``(bb) changes described in clause (ii)(II),
relating to conditions of use.
``(II) No exclusivity allowed.--No exclusivity
shall apply to changes to a drug which are--
``(aa) the subject of a Tier 2 OTC monograph
order request (as defined in section 744L);
``(bb) safety-related changes, as defined by
the Secretary, or any other changes the Secretary
considers necessary to assure safe use; or
``(cc) changes related to methods of testing
safety or efficacy.
``(v) New human data studies defined.--In this
subparagraph, the term `new human data studies' means
clinical trials of safety or effectiveness (including
actual use studies), pharmacokinetics studies, or
bioavailability studies, the results of which--
``(I) have not been relied on by the Secretary to
support--
``(aa) a proposed or final determination that a
drug described in subclause (I), (II), or (III) of
clause (iii) is generally recognized as safe and
effective under section 201(p)(1); or
``(bb) approval of a drug that was approved
under section 505; and
``(II) do not duplicate the results of another
study that was relied on by the Secretary to support--
``(aa) a proposed or final determination that a
drug described in subclause (I), (II), or (III) of
clause (iii) is generally recognized as safe and
effective under section 201(p)(1); or
``(bb) approval of a drug that was approved
under section 505.
``(vi) Notification of drug not available for sale.--A
requestor that is granted exclusivity with respect to a
drug under this subparagraph shall notify the Secretary in
writing within 1 year of the issuance of the final
administrative order if the drug that is the subject of
such order will not be available for sale within 1 year of
the date of issuance of such order. The requestor shall
include with such notice the--
``(I) identity of the drug by established name and
by proprietary name, if any;
``(II) strength of the drug;
``(III) date on which the drug will be available
for sale, if known; and
``(IV) reason for not marketing the drug after
issuance of the order.
``(6) Information regarding safe nonprescription marketing and
use as condition for filing a generally recognized as safe and
effective request.--
``(A) In general.--In response to a request under this
section that a drug described in subparagraph (B) be generally
recognized as safe and effective, the Secretary--
``(i) may file such request, if the request includes
information specified under subparagraph (C) with respect
to safe nonprescription marketing and use of such drug; or
``(ii) if the request fails to include information
specified under subparagraph (C), shall refuse to file such
request and require that nonprescription marketing of the
drug be pursuant to a new drug application as described in
subparagraph (D).
``(B) Drug described.--A drug described in this
subparagraph is a nonprescription drug which contains an active
ingredient not previously incorporated in a drug--
``(i) specified in subsection (a)(1), (a)(2), or
(a)(3);
``(ii) subject to a final order under this section; or
``(iii) subject to a final sunscreen order (as defined
in section 586(2)(A)).
``(C) Information demonstrating prima facie safe
nonprescription marketing and use.--Information specified in
this subparagraph, with respect to a request described in
subparagraph (A)(i), is--
``(i) information sufficient for a prima facie
demonstration that the drug subject to such request has a
verifiable history of being marketed and safely used by
consumers in the United States as a nonprescription drug
under comparable conditions of use;
``(ii) if the drug has not been previously marketed in
the United States as a nonprescription drug, information
sufficient for a prima facie demonstration that the drug
was marketed and safely used under comparable conditions of
marketing and use in a country listed in section
802(b)(1)(A) or designated by the Secretary in accordance
with section 802(b)(1)(B)--
``(I) for such period as needed to provide
reasonable assurances concerning the safe
nonprescription use of the drug; and
``(II) during such time was subject to sufficient
monitoring by a regulatory body considered acceptable
by the Secretary for such monitoring purposes,
including for adverse events associated with
nonprescription use of the drug; or
``(iii) if the Secretary determines that information
described in clause (i) or (ii) is not needed to provide a
prima facie demonstration that the drug can be safely
marketed and used as a nonprescription drug, such other
information the Secretary determines is sufficient for such
purposes.
``(D) Marketing pursuant to new drug application.--In the
case of a request described in subparagraph (A)(ii), the drug
subject to such request may be resubmitted for filing only if--
``(i) the drug is marketed as a nonprescription drug,
under conditions of use comparable to the conditions
specified in the request, for such period as the Secretary
determines appropriate (not to exceed 5 consecutive years)
pursuant to an application approved under section 505; and
``(ii) during such period, 1,000,000 retail packages of
the drug, or an equivalent quantity as determined by the
Secretary, were distributed for retail sale, as determined
in such manner as the Secretary finds appropriate.
``(E) Rule of application.--Except in the case of a request
involving a drug described in section 586(9), as in effect on
January 1, 2017, if the Secretary refuses to file a request
under this paragraph, the requestor may not file such request
over protest under paragraph (5)(A)(iii).
``(7) Packaging.--An administrative order issued under
paragraph (2), (4)(A), or (5) may include requirements for the
packaging of a drug to encourage use in accordance with labeling.
Such requirements may include unit dose packaging, requirements for
products intended for use by pediatric populations, requirements to
reduce risk of harm from unsupervised ingestion, and other
appropriate requirements. This paragraph does not authorize the
Food and Drug Administration to require standards or testing
procedures as described in part 1700 of title 16, Code of Federal
Regulations.
``(8) Final and tentative final monographs for category i drugs
deemed final administrative orders.--
``(A) In general.--A final monograph or tentative final
monograph described in subparagraph (B) shall be deemed to be a
final administrative order under this subsection and may be
amended, revoked, or otherwise modified in accordance with the
procedures of this subsection.
``(B) Monographs described.--For purposes of subparagraph
(A), a final monograph or tentative final monograph is
described in this subparagraph if it--
``(i) establishes conditions of use for a drug
described in paragraph (1) or (2) of subsection (a); and
``(ii) represents the most recently promulgated version
of such conditions, including as modified, in whole or in
part, by any proposed or final rule.
``(C) Deemed orders include harmonizing technical
amendments.--The deemed establishment of a final administrative
order under subparagraph (A) shall be construed to include any
technical amendments to such order as the Secretary determines
necessary to ensure that such order is appropriately
harmonized, in terms of terminology or cross-references, with
the applicable provisions of this Act (and regulations
thereunder) and any other orders issued under this section.
``(c) Procedure for Minor Changes.--
``(1) In general.--Minor changes in the dosage form of a drug
that is described in paragraph (1) or (2) of subsection (a) or the
subject of an order issued under subsection (b) may be made by a
requestor without the issuance of an order under subsection (b)
if--
``(A) the requestor maintains such information as is
necessary to demonstrate that the change--
``(i) will not affect the safety or effectiveness of
the drug; and
``(ii) will not materially affect the extent of
absorption or other exposure to the active ingredient in
comparison to a suitable reference product; and
``(B) the change is in conformity with the requirements of
an applicable administrative order issued by the Secretary
under paragraph (3).
``(2) Additional information.--
``(A) Access to records.--A sponsor shall submit records
requested by the Secretary relating to such a minor change
under section 704(a)(4), within 15 business days of receiving
such a request, or such longer period as the Secretary may
provide.
``(B) Insufficient information.--If the Secretary
determines that the information contained in such records is
not sufficient to demonstrate that the change does not affect
the safety or effectiveness of the drug or materially affect
the extent of absorption or other exposure to the active
ingredient, the Secretary--
``(i) may so inform the sponsor of the drug in writing;
and
``(ii) if the Secretary so informs the sponsor, shall
provide the sponsor of the drug with a reasonable
opportunity to provide additional information.
``(C) Failure to submit sufficient information.--If the
sponsor fails to provide such additional information within a
time prescribed by the Secretary, or if the Secretary
determines that such additional information does not
demonstrate that the change does not--
``(i) affect the safety or effectiveness of the drug;
or
``(ii) materially affect the extent of absorption or
other exposure to the active ingredient in comparison to a
suitable reference product,
the drug as modified is a new drug under section 201(p) and
shall be deemed to be misbranded under section 502(ee).
``(3) Determining whether a change will affect safety or
effectiveness.--
``(A) In general.--The Secretary shall issue one or more
administrative orders specifying requirements for determining
whether a minor change made by a sponsor pursuant to this
subsection will affect the safety or effectiveness of a drug or
materially affect the extent of absorption or other exposure to
an active ingredient in the drug in comparison to a suitable
reference product, together with guidance for applying those
orders to specific dosage forms.
``(B) Standard practices.--The orders and guidance issued
by the Secretary under subparagraph (A) shall take into account
relevant public standards and standard practices for evaluating
the quality of drugs, and may take into account the special
needs of populations, including children.
``(d) Confidentiality of Information Submitted to the Secretary.--
``(1) In general.--Subject to paragraph (2), any information,
including reports of testing conducted on the drug or drugs
involved, that is submitted by a requestor in connection with
proceedings on an order under this section (including any minor
change under subsection (c)) and is a trade secret or confidential
information subject to section 552(b)(4) of title 5, United States
Code, or section 1905 of title 18, United States Code, shall not be
disclosed to the public unless the requestor consents to that
disclosure.
``(2) Public availability.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall--
``(i) make any information submitted by a requestor in
support of a request under subsection (b)(5)(A) available
to the public not later than the date on which the proposed
order is issued; and
``(ii) make any information submitted by any other
person with respect to an order requested (or initiated by
the Secretary) under subsection (b), available to the
public upon such submission.
``(B) Limitations on public availability.--Information
described in subparagraph (A) shall not be made public if--
``(i) the information pertains to pharmaceutical
quality information, unless such information is necessary
to establish standards under which a drug is generally
recognized as safe and effective under section 201(p)(1);
``(ii) the information is submitted in a requestor-
initiated request, but the requestor withdraws such
request, in accordance with withdrawal procedures
established by the Secretary, before the Secretary issues
the proposed order;
``(iii) the Secretary requests and obtains the
information under subsection (c) and such information is
not submitted in relation to an order under subsection (b);
or
``(iv) the information is of the type contained in raw
datasets.
``(e) Updates to Drug Listing Information.--A sponsor who makes a
change to a drug subject to this section shall submit updated drug
listing information for the drug in accordance with section 510(j)
within 30 calendar days of the date when the drug is first commercially
marketed, except that a sponsor who was the order requestor with
respect to an order subject to subsection (b)(5)(C) (or a licensee,
assignee, or successor in interest of such requestor) shall submit
updated drug listing information on or before the date when the drug is
first commercially marketed.
``(f) Approvals Under Section 505.--The provisions of this section
shall not be construed to preclude a person from seeking or maintaining
the approval of an application for a drug under sections 505(b)(1),
505(b)(2), and 505(j). A determination under this section that a drug
is not subject to section 503(b)(1), is generally recognized as safe
and effective under section 201(p)(1), and is not a new drug under
section 201(p) shall constitute a finding that the drug is safe and
effective that may be relied upon for purposes of an application under
section 505(b)(2), so that the applicant shall be required to submit
for purposes of such application only information needed to support any
modification of the drug that is not covered by such determination
under this section.
``(g) Public Availability of Administrative Orders.--The Secretary
shall establish, maintain, update (as determined necessary by the
Secretary but no less frequently than annually), and make publicly
available, with respect to orders issued under this section--
``(1) a repository of each final order and interim final order
in effect, including the complete text of the order; and
``(2) a listing of all orders proposed and under development
under subsection (b)(2), including--
``(A) a brief description of each such order; and
``(B) the Secretary's expectations, if resources permit,
for issuance of proposed orders over a 3-year period.
``(h) Development Advice to Sponsors or Requestors.--The Secretary
shall establish procedures under which sponsors or requestors may meet
with appropriate officials of the Food and Drug Administration to
obtain advice on the studies and other information necessary to support
submissions under this section and other matters relevant to the
regulation of nonprescription drugs and the development of new
nonprescription drugs under this section.
``(i) Participation of Multiple Sponsors or Requestors.--The
Secretary shall establish procedures to facilitate efficient
participation by multiple sponsors or requestors in proceedings under
this section, including provision for joint meetings with multiple
sponsors or requestors or with organizations nominated by sponsors or
requestors to represent their interests in a proceeding.
``(j) Electronic Format.--All submissions under this section shall
be in electronic format.
``(k) Effect on Existing Regulations Governing Nonprescription
Drugs.--
``(1) Regulations of general applicability to nonprescription
drugs.--Except as provided in this subsection, nothing in this
section supersedes regulations establishing general requirements
for nonprescription drugs, including regulations of general
applicability contained in parts 201, 250, and 330 of title 21,
Code of Federal Regulations, or any successor regulations. The
Secretary shall establish or modify such regulations by means of
rulemaking in accordance with section 553 of title 5, United States
Code.
``(2) Regulations establishing requirements for specific
nonprescription drugs.--
``(A) The provisions of section 310.545 of title 21, Code
of Federal Regulations, as in effect on the day before the date
of the enactment of this section, shall be deemed to be a final
order under subsection (b).
``(B) Regulations in effect on the day before the date of
the enactment of this section, establishing requirements for
specific nonprescription drugs marketed pursuant to this
section (including such requirements in parts 201 and 250 of
title 21, Code of Federal Regulations), shall be deemed to be
final orders under subsection (b), only as they apply to
drugs--
``(i) subject to paragraph (1), (2), (3), or (4) of
subsection (a); or
``(ii) otherwise subject to an order under this
section.
``(3) Withdrawal of regulations.--The Secretary shall withdraw
regulations establishing final monographs and the procedures
governing the over-the-counter drug review under part 330 and other
relevant parts of title 21, Code of Federal Regulations (as in
effect on the day before the date of the enactment of this
section), or make technical changes to such regulations to ensure
conformity with appropriate terminology and cross references.
Notwithstanding subchapter II of chapter 5 of title 5, United
States Code, any such withdrawal or technical changes shall be made
without public notice and comment and shall be effective upon
publication through notice in the Federal Register (or upon such
date as specified in such notice).
``(l) Guidance.--The Secretary shall issue guidance that
specifies--
``(1) the procedures and principles for formal meetings between
the Secretary and sponsors or requestors for drugs subject to this
section;
``(2) the format and content of data submissions to the
Secretary under this section;
``(3) the format of electronic submissions to the Secretary
under this section;
``(4) consolidated proceedings for appeal and the procedures
for such proceedings where appropriate; and
``(5) for minor changes in drugs, recommendations on how to
comply with the requirements in orders issued under subsection
(c)(3).
``(m) Rule of Construction.--
``(1) In general.--This section shall not affect the treatment
or status of a nonprescription drug--
``(A) that is marketed without an application approved
under section 505 as of the date of the enactment of this
section;
``(B) that is not subject to an order issued under this
section; and
``(C) to which paragraph (1), (2), (3), (4), or (5) of
subsection (a) do not apply.
``(2) Treatment of products previously found to be subject to
time and extent requirements.--
``(A) Notwithstanding subsection (a), a drug described in
subparagraph (B) may only be lawfully marketed, without an
application approved under section 505, pursuant to an order
issued under this section.
``(B) A drug described in this subparagraph is a drug
which, prior to the date of the enactment of this section, the
Secretary determined in a proposed or final rule to be
ineligible for review under the OTC drug review (as such phrase
`OTC drug review' was used in section 330.14 of title 21, Code
of Federal Regulations, as in effect on the day before the date
of the enactment of this section).
``(3) Preservation of authority.--
``(A) Nothing in paragraph (1) shall be construed to
preclude or limit the applicability of any provision of this
Act other than this section.
``(B) Nothing in subsection (a) shall be construed to
prohibit the Secretary from issuing an order under this section
finding a drug to be not generally recognized as safe and
effective under section 201(p)(1), as the Secretary determines
appropriate.
``(n) Investigational New Drugs.--A drug is not subject to this
section if an exemption for investigational use under section 505(i) is
in effect for such drug.
``(o) Inapplicability of Paperwork Reduction Act.--Chapter 35 of
title 44, United States Code, shall not apply to collections of
information made under this section.
``(p) Inapplicability of Notice and Comment Rulemaking and Other
Requirements.--The requirements of subsection (b) shall apply with
respect to orders issued under this section instead of the requirements
of subchapter II of chapter 5 of title 5, United States Code.
``(q) Definitions.--In this section:
``(1) The term `nonprescription drug' refers to a drug not
subject to the requirements of section 503(b)(1).
``(2) The term `sponsor' refers to any person marketing,
manufacturing, or processing a drug that--
``(A) is listed pursuant to section 510(j); and
``(B) is or will be subject to an administrative order
under this section of the Food and Drug Administration.
``(3) The term `requestor' refers to any person or group of
persons marketing, manufacturing, processing, or developing a
drug.''.
(b) GAO Study.--Not later than 4 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
a study to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate addressing the effectiveness and overall impact
of exclusivity under section 505G of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), and section 586C of such Act
(21 U.S.C. 360fff-3), including the impact of such exclusivity on
consumer access. Such study shall include--
(1) an analysis of the impact of exclusivity under such section
505G for nonprescription drug products, including--
(A) the number of nonprescription drug products that were
granted exclusivity and the indication for which the
nonprescription drug products were determined to be generally
recognized as safe and effective;
(B) whether the exclusivity for such drug products was
granted for--
(i) a new active ingredient (including any ester or
salt of the active ingredient); or
(ii) changes in the conditions of use of a drug, for
which new human data studies conducted or sponsored by the
requestor were essential;
(C) whether, and to what extent, the exclusivity impacted
the requestor's or sponsor's decision to develop the drug
product;
(D) an analysis of the implementation of the exclusivity
provision in such section 505G, including--
(i) the resources used by the Food and Drug
Administration;
(ii) the impact of such provision on innovation, as
well as research and development in the nonprescription
drug market;
(iii) the impact of such provision on competition in
the nonprescription drug market;
(iv) the impact of such provision on consumer access to
nonprescription drug products;
(v) the impact of such provision on the prices of
nonprescription drug products; and
(vi) whether the administrative orders initiated by
requestors under such section 505G have been sufficient to
encourage the development of nonprescription drug products
that would likely not be otherwise developed, or developed
in as timely a manner; and
(E) whether the administrative orders initiated by
requestors under such section 505G have been sufficient
incentive to encourage innovation in the nonprescription drug
market; and
(2) an analysis of the impact of exclusivity under such section
586C for sunscreen ingredients, including--
(A) the number of sunscreen ingredients that were granted
exclusivity and the specific ingredient that was determined to
be generally recognized as safe and effective;
(B) whether, and to what extent, the exclusivity impacted
the requestor's or sponsor's decision to develop the sunscreen
ingredient;
(C) whether, and to what extent, the sunscreen ingredient
granted exclusivity had previously been available outside of
the United States;
(D) an analysis of the implementation of the exclusivity
provision in such section 586C, including--
(i) the resources used by the Food and Drug
Administration;
(ii) the impact of such provision on innovation, as
well as research and development in the sunscreen market;
(iii) the impact of such provision on competition in
the sunscreen market;
(iv) the impact of such provision on consumer access to
sunscreen products;
(v) the impact of such provision on the prices of
sunscreen products; and
(vi) whether the administrative orders initiated by
requestors under such section 505G have been utilized by
sunscreen ingredient sponsors and whether such process has
been sufficient to encourage the development of sunscreen
ingredients that would likely not be otherwise developed,
or developed in as timely a manner; and
(E) whether the administrative orders initiated by
requestors under such section 586C have been sufficient
incentive to encourage innovation in the sunscreen market.
(c) Conforming Amendment.--Section 751(d)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379r(d)(1)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``final regulation promulgated'' and
inserting ``final order under section 505G''; and
(B) by striking ``and not misbranded''; and
(2) in subparagraph (A), by striking ``regulation in effect''
and inserting ``regulation or order in effect''.
SEC. 3852. MISBRANDING.
Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
352) is amended by adding at the end the following:
``(ee) If it is a nonprescription drug that is subject to section
505G, is not the subject of an application approved under section 505,
and does not comply with the requirements under section 505G.
``(ff) If it is a drug and it was manufactured, prepared,
propagated, compounded, or processed in a facility for which fees have
not been paid as required by section 744M.''.
SEC. 3853. DRUGS EXCLUDED FROM THE OVER-THE-COUNTER DRUG REVIEW.
(a) In General.--Nothing in this Act (or the amendments made by
this Act) shall apply to any nonprescription drug (as defined in
section 505G(q) of the Federal Food, Drug, and Cosmetic Act, as added
by section 3851 of this subtitle) which was excluded by the Food and
Drug Administration from the Over-the-Counter Drug Review in accordance
with the paragraph numbered 25 on page 9466 of volume 37 of the Federal
Register, published on May 11, 1972.
(b) Rule of Construction.--Nothing in this section shall be
construed to preclude or limit the applicability of any other provision
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
SEC. 3854. TREATMENT OF SUNSCREEN INNOVATION ACT.
(a) Review of Nonprescription Sunscreen Active Ingredients.--
(1) Applicability of section 505g for pending submissions.--
(A) In general.--A sponsor of a nonprescription sunscreen
active ingredient or combination of nonprescription sunscreen
active ingredients that, as of the date of enactment of this
Act, is subject to a proposed sunscreen order under section
586C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360fff-3) may elect, by means of giving written notification to
the Secretary of Health and Human Services within 180 calendar
days of the enactment of this Act, to transition into the
review of such ingredient or combination of ingredients
pursuant to the process set out in section 505G of the Federal
Food, Drug, and Cosmetic Act, as added by section 3851 of this
subtitle.
(B) Election exercised.--Upon receipt by the Secretary of
Health and Human Services of a timely notification under
subparagraph (A)--
(i) the proposed sunscreen order involved is deemed to
be a request for an order under subsection (b) of section
505G of the Federal Food, Drug, and Cosmetic Act, as added
by section 3851 of this subtitle; and
(ii) such order is deemed to have been accepted for
filing under subsection (b)(6)(A)(i) of such section 505G.
(C) Election not exercised.--If a notification under
subparagraph (A) is not received by the Secretary of Health and
Human Services within 180 calendar days of the date of
enactment of this Act, the review of the proposed sunscreen
order described in subparagraph (A)--
(i) shall continue under section 586C of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3); and
(ii) shall not be eligible for review under section
505G, added by section 3851 of this subtitle.
(2) Definitions.--In this subsection, the terms ``sponsor'',
``nonprescription'', ``sunscreen active ingredient'', and
``proposed sunscreen order'' have the meanings given to those terms
in section 586 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360fff).
(b) Amendments to Sunscreen Provisions.--
(1) Final sunscreen orders.--Paragraph (3) of section 586C(e)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3(e))
is amended to read as follows:
``(3) Relationship to orders under section 505g.--A final
sunscreen order shall be deemed to be a final order under section
505G.''.
(2) Meetings.--Paragraph (7) of section 586C(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3(b)) is amended--
(A) by striking ``A sponsor may request'' and inserting the
following:
``(A) In general.--A sponsor may request''; and
(B) by adding at the end the following:
``(B) Confidential meetings.--A sponsor may request one or
more confidential meetings with respect to a proposed sunscreen
order, including a letter deemed to be a proposed sunscreen
order under paragraph (3), to discuss matters relating to data
requirements to support a general recognition of safety and
effectiveness involving confidential information and public
information related to such proposed sunscreen order, as
appropriate. The Secretary shall convene a confidential meeting
with such sponsor in a reasonable time period. If a sponsor
requests more than one confidential meeting for the same
proposed sunscreen order, the Secretary may refuse to grant an
additional confidential meeting request if the Secretary
determines that such additional confidential meeting is not
reasonably necessary for the sponsor to advance its proposed
sunscreen order, or if the request for a confidential meeting
fails to include sufficient information upon which to base a
substantive discussion. The Secretary shall publish a post-
meeting summary of each confidential meeting under this
subparagraph that does not disclose confidential commercial
information or trade secrets. This subparagraph does not
authorize the disclosure of confidential commercial information
or trade secrets subject to 552(b)(4) of title 5, United States
Code, or section 1905 of title 18, United States Code.''.
(3) Exclusivity.--Section 586C of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360fff-3) is amended by adding at the end
the following:
``(f) Exclusivity.--
``(1) In general.--A final sunscreen order shall have the
effect of authorizing solely the order requestor (or the licensees,
assignees, or successors in interest of such requestor with respect
to the subject of such request and listed under paragraph (5)) for
a period of 18 months, to market a sunscreen ingredient under this
section incorporating changes described in paragraph (2) subject to
the limitations under paragraph (4), beginning on the date the
requestor (or any licensees, assignees, or successors in interest
of such requestor with respect to the subject of such request and
listed under paragraph (5)) may lawfully market such sunscreen
ingredient pursuant to the order.
``(2) Changes described.--A change described in this paragraph
is a change subject to an order specified in paragraph (1) that
permits a sunscreen to contain an active sunscreen ingredient not
previously incorporated in a marketed sunscreen listed in paragraph
(3).
``(3) Marketed sunscreen.--The marketed sunscreen ingredients
described in this paragraph are sunscreen ingredients--
``(A) marketed in accordance with a final monograph for
sunscreen drug products set forth at part 352 of title 21, Code
of Federal Regulations (as published at 64 Fed. Reg. 27687); or
``(B) marketed in accordance with a final order issued
under this section.
``(4) Limitations on exclusivity.--Only one 18-month period may
be granted per ingredient under paragraph (1).
``(5) Listing of licensees, assignees, or successors in
interest.--Requestors shall submit to the Secretary at the time
when a drug subject to such request is introduced or delivered for
introduction into interstate commerce, a list of licensees,
assignees, or successors in interest under paragraph (1).''.
(4) Sunset provision.--Subchapter I of chapter V of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360fff et seq.) is amended
by adding at the end the following:
``SEC. 586H. SUNSET.
``This subchapter shall cease to be effective at the end of fiscal
year 2022.''.
(5) Treatment of final sunscreen order.--The Federal Food,
Drug, and Cosmetic Act is amended by striking section 586E of such
Act (21 U.S.C. 360fff-5).
(c) Treatment of Authority Regarding Finalization of Sunscreen
Monograph.--
(1) In general.--
(A) Revision of final sunscreen order.--The Secretary of
Health and Human Services (referred to in this subsection as
the ``Secretary'') shall amend and revise the final
administrative order concerning nonprescription sunscreen
(referred to in this subsection as the ``sunscreen order'') for
which the content, prior to the date of enactment of this Act,
was represented by the final monograph for sunscreen drug
products set forth in part 352 of title 21, Code of Federal
Regulations (as in effect on May 21, 1999).
(B) Issuance of revised sunscreen order; effective date.--A
revised sunscreen order described in subparagraph (A) shall
be--
(i) issued in accordance with the procedures described
in section 505G(b)(2) of the Federal Food, Drug, and
Cosmetic Act;
(ii) issued in proposed form not later than 18 months
after the date of enactment of this Act; and
(iii) issued by the Secretary at least 1 year prior to
the effective date of the revised order.
(2) Reports.--If a revised sunscreen order issued under
paragraph (1) does not include provisions related to the
effectiveness of various sun protection factor levels, and does not
address all dosage forms known to the Secretary to be used in
sunscreens marketed in the United States without a new drug
application approved under section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355), the Secretary shall submit a
report to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate on the rationale for omission of such
provisions from such order, and a plan and timeline to compile any
information necessary to address such provisions through such
order.
(d) Treatment of Non-Sunscreen Time and Extent Applications.--
(1) In general.--Any application described in section 586F of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-6) that
was submitted to the Secretary pursuant to section 330.14 of title
21, Code of Federal Regulations, as such provisions were in effect
immediately prior to the date of enactment date of this Act, shall
be extinguished as of such date of enactment, subject to paragraph
(2).
(2) Order request.--Nothing in paragraph (1) precludes the
submission of an order request under section 505G(b) of the Federal
Food, Drug, and Cosmetic Act, as added by section 3851 of this
subtitle, with respect to a drug that was the subject of an
application extinguished under paragraph (1).
SEC. 3855. ANNUAL UPDATE TO CONGRESS ON APPROPRIATE PEDIATRIC
INDICATION FOR CERTAIN OTC COUGH AND COLD DRUGS.
(a) In General.--Subject to subsection (c), the Secretary of Health
and Human Services shall, beginning not later than 1 year after the
date of enactment of this Act, annually submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a letter
describing the progress of the Food and Drug Administration--
(1) in evaluating the cough and cold monograph described in
subsection (b) with respect to children under age 6; and
(2) as appropriate, revising such cough and cold monograph to
address such children through the order process under section
505G(b) of the Federal Food, Drug, and Cosmetic Act, as added by
section 3851 of this subtitle.
(b) Cough and Cold Monograph Described.--The cough and cold
monograph described in this subsection consists of the conditions under
which nonprescription drugs containing antitussive, expectorant, nasal
decongestant, or antihistamine active ingredients (or combinations
thereof) are generally recognized as safe and effective, as specified
in part 341 of title 21, Code of Federal Regulations (as in effect
immediately prior to the date of enactment of this Act), and included
in an order deemed to be established under section 505G(b) of the
Federal Food, Drug, and Cosmetic Act, as added by section 3851 of this
subtitle.
(c) Duration of Authority.--The requirement under subsection (a)
shall terminate as of the date of a letter submitted by the Secretary
of Health and Human Services pursuant to such subsection in which the
Secretary indicates that the Food and Drug Administration has completed
its evaluation and revised, in a final order, as applicable, the cough
and cold monograph as described in subsection (a)(2).
SEC. 3856. TECHNICAL CORRECTIONS.
(a) Imports and Exports.--Section 801(e)(4)(E)(iii) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) is amended
by striking ``subparagraph'' each place such term appears and inserting
``paragraph''.
(b) FDA Reauthorization Act of 2017.--
(1) In general.--Section 905(b)(4) of the FDA Reauthorization
Act of 2017 (Public Law 115-52) is amended by striking ``Section
744H(e)(2)(B)'' and inserting ``Section 744H(f)(2)(B)''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect as of the enactment of the FDA Reauthorization Act of
2017 (Public Law 115-52).
PART II--USER FEES
SEC. 3861. FINDING.
The Congress finds that the fees authorized by the amendments made
in this part will be dedicated to OTC monograph drug activities, as set
forth in the goals identified for purposes of part 10 of subchapter C
of chapter VII of the Federal Food, Drug, and Cosmetic Act, in the
letters from the Secretary of Health and Human Services to the Chairman
of the Committee on Health, Education, Labor, and Pensions of the
Senate and the Chairman of the Committee on Energy and Commerce of the
House of Representatives, as set forth in the Congressional Record.
SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS.
Subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379f et seq.) is amended by inserting after part 9 the
following:
``PART 10--FEES RELATING TO OVER-THE-COUNTER DRUGS
``SEC. 744L. DEFINITIONS.
``In this part:
``(1) The term `affiliate' means a business entity that has a
relationship with a second business entity if, directly or
indirectly--
``(A) one business entity controls, or has the power to
control, the other business entity; or
``(B) a third party controls, or has power to control, both
of the business entities.
``(2) The term `contract manufacturing organization facility'
means an OTC monograph drug facility where neither the owner of
such manufacturing facility nor any affiliate of such owner or
facility sells the OTC monograph drug produced at such facility
directly to wholesalers, retailers, or consumers in the United
States.
``(3) The term `costs of resources allocated for OTC monograph
drug activities' means the expenses in connection with OTC
monograph drug activities for--
``(A) officers and employees of the Food and Drug
Administration, contractors of the Food and Drug
Administration, advisory committees, and costs related to such
officers, employees, and committees and costs related to
contracts with such contractors;
``(B) management of information, and the acquisition,
maintenance, and repair of computer resources;
``(C) leasing, maintenance, renovation, and repair of
facilities and acquisition, maintenance, and repair of
fixtures, furniture, scientific equipment, and other necessary
materials and supplies; and
``(D) collecting fees under section 744M and accounting for
resources allocated for OTC monograph drug activities.
``(4) The term `FDA establishment identifier' is the unique
number automatically generated by Food and Drug Administration's
Field Accomplishments and Compliance Tracking System (FACTS) (or
any successor system).
``(5) The term `OTC monograph drug' means a nonprescription
drug without an approved new drug application which is governed by
the provisions of section 505G.
``(6) The term `OTC monograph drug activities' means activities
of the Secretary associated with OTC monograph drugs and inspection
of facilities associated with such products, including the
following activities:
``(A) The activities necessary for review and evaluation of
OTC monographs and OTC monograph order requests, including--
``(i) orders proposing or finalizing applicable
conditions of use for OTC monograph drugs;
``(ii) orders affecting status regarding general
recognition of safety and effectiveness of an OTC monograph
ingredient or combination of ingredients under specified
conditions of use;
``(iii) all OTC monograph drug development and review
activities, including intra-agency collaboration;
``(iv) regulation and policy development activities
related to OTC monograph drugs;
``(v) development of product standards for products
subject to review and evaluation;
``(vi) meetings referred to in section 505G(i);
``(vii) review of labeling prior to issuance of orders
related to OTC monograph drugs or conditions of use; and
``(viii) regulatory science activities related to OTC
monograph drugs.
``(B) Inspections related to OTC monograph drugs.
``(C) Monitoring of clinical and other research conducted
in connection with OTC monograph drugs.
``(D) Safety activities with respect to OTC monograph
drugs, including--
``(i) collecting, developing, and reviewing safety
information on OTC monograph drugs, including adverse event
reports;
``(ii) developing and using improved adverse event
data-collection systems, including information technology
systems; and
``(iii) developing and using improved analytical tools
to assess potential safety risks, including access to
external databases.
``(E) Other activities necessary for implementation of
section 505G.
``(7) The term `OTC monograph order request' means a request
for an order submitted under section 505G(b)(5).
``(8) The term `Tier 1 OTC monograph order request' means any
OTC monograph order request not determined to be a Tier 2 OTC
monograph order request.
``(9)(A) The term `Tier 2 OTC monograph order request' means,
subject to subparagraph (B), an OTC monograph order request for--
``(i) the reordering of existing information in the drug
facts label of an OTC monograph drug;
``(ii) the addition of information to the other information
section of the drug facts label of an OTC monograph drug, as
limited by section 201.66(c)(7) of title 21, Code of Federal
Regulations (or any successor regulations);
``(iii) modification to the directions for use section of
the drug facts label of an OTC monograph drug, if such changes
conform to changes made pursuant to section 505G(c)(3)(A);
``(iv) the standardization of the concentration or dose of
a specific finalized ingredient within a particular finalized
monograph;
``(v) a change to ingredient nomenclature to align with
nomenclature of a standards-setting organization; or
``(vi) addition of an interchangeable term in accordance
with section 330.1 of title 21, Code of Federal Regulations (or
any successor regulations).
``(B) The Secretary may, based on program implementation
experience or other factors found appropriate by the Secretary,
characterize any OTC monograph order request as a Tier 2 OTC
monograph order request (including recharacterizing a request from
Tier 1 to Tier 2) and publish such determination in a proposed
order issued pursuant to section 505G.
``(10)(A) The term `OTC monograph drug facility' means a
foreign or domestic business or other entity that--
``(i) is--
``(I) under one management, either direct or indirect;
and
``(II) at one geographic location or address engaged in
manufacturing or processing the finished dosage form of an
OTC monograph drug;
``(ii) includes a finished dosage form manufacturer
facility in a contractual relationship with the sponsor of one
or more OTC monograph drugs to manufacture or process such
drugs; and
``(iii) does not include a business or other entity whose
only manufacturing or processing activities are one or more of
the following: production of clinical research supplies,
testing, or placement of outer packaging on packages containing
multiple products, for such purposes as creating multipacks,
when each monograph drug product contained within the
overpackaging is already in a final packaged form prior to
placement in the outer overpackaging.
``(B) For purposes of subparagraph (A)(i)(II), separate
buildings or locations within close proximity are considered to be
at one geographic location or address if the activities conducted
in such buildings or locations are--
``(i) closely related to the same business enterprise;
``(ii) under the supervision of the same local management;
and
``(iii) under a single FDA establishment identifier and
capable of being inspected by the Food and Drug Administration
during a single inspection.
``(C) If a business or other entity would meet criteria
specified in subparagraph (A), but for being under multiple
management, the business or other entity is deemed to constitute
multiple facilities, one per management entity, for purposes of
this paragraph.
``(11) The term `OTC monograph drug meeting' means any meeting
regarding the content of a proposed OTC monograph order request.
``(12) The term `person' includes an affiliate of a person.
``(13) The terms `requestor' and `sponsor' have the meanings
given such terms in section 505G.
``SEC. 744M. AUTHORITY TO ASSESS AND USE OTC MONOGRAPH FEES.
``(a) Types of Fees.--Beginning with fiscal year 2021, the
Secretary shall assess and collect fees in accordance with this section
as follows:
``(1) Facility fee.--
``(A) In general.--Each person that owns a facility
identified as an OTC monograph drug facility on December 31 of
the fiscal year or at any time during the preceding 12-month
period shall be assessed an annual fee for each such facility
as determined under subsection (c).
``(B) Exceptions.--
``(i) Facilities that cease activities.--A fee shall
not be assessed under subparagraph (A) if the identified
OTC monograph drug facility--
``(I) has ceased all activities related to OTC
monograph drugs prior to December 31 of the year
immediately preceding the applicable fiscal year; and
``(II) has updated its registration to reflect such
change under the requirements for drug establishment
registration set forth in section 510.
``(ii) Contract manufacturing organizations.--The
amount of the fee for a contract manufacturing organization
facility shall be equal to two-thirds of the amount of the
fee for an OTC monograph drug facility that is not a
contract manufacturing organization facility.
``(C) Amount.--The amount of fees established under
subparagraph (A) shall be established under subsection (c).
``(D) Due date.--
``(i) For first program year.--For fiscal year 2021,
the facility fees required under subparagraph (A) shall be
due on the later of--
``(I) the first business day of July of 2020; or
``(II) 45 calendar days after publication of the
Federal Register notice provided for under subsection
(c)(4)(A).
``(ii) Subsequent fiscal years.--For each fiscal year
after fiscal year 2021, the facility fees required under
subparagraph (A) shall be due on the later of--
``(I) the first business day of June of such year;
or
``(II) the first business day after the enactment
of an appropriations Act providing for the collection
and obligation of fees under this section for such
year.
``(2) OTC monograph order request fee.--
``(A) In general.--Each person that submits an OTC
monograph order request shall be subject to a fee for an OTC
monograph order request. The amount of such fee shall be--
``(i) for a Tier 1 OTC monograph order request,
$500,000, adjusted for inflation for the fiscal year (as
determined under subsection (c)(1)(B)); and
``(ii) for a Tier 2 OTC monograph order request,
$100,000, adjusted for inflation for the fiscal year (as
determined under subsection (c)(1)(B)).
``(B) Due date.--The OTC monograph order request fees
required under subparagraph (A) shall be due on the date of
submission of the OTC monograph order request.
``(C) Exception for certain safety changes.--A person who
is named as the requestor in an OTC monograph order shall not
be subject to a fee under subparagraph (A) if the Secretary
finds that the OTC monograph order request seeks to change the
drug facts labeling of an OTC monograph drug in a way that
would add to or strengthen--
``(i) a contraindication, warning, or precaution;
``(ii) a statement about risk associated with misuse or
abuse; or
``(iii) an instruction about dosage and administration
that is intended to increase the safe use of the OTC
monograph drug.
``(D) Refund of fee if order request is recategorized as a
tier 2 otc monograph order request.--If the Secretary
determines that an OTC monograph request initially
characterized as Tier 1 shall be re-characterized as a Tier 2
OTC monograph order request, and the requestor has paid a Tier
1 fee in accordance with subparagraph (A)(i), the Secretary
shall refund the requestor the difference between the Tier 1
and Tier 2 fees determined under subparagraphs (A)(i) and
(A)(ii), respectively.
``(E) Refund of fee if order request refused for filing or
withdrawn before filing.--The Secretary shall refund 75 percent
of the fee paid under subparagraph (B) for any order request
which is refused for filing or was withdrawn before being
accepted or refused for filing.
``(F) Fees for order requests previously refused for filing
or withdrawn before filing.--An OTC monograph order request
that was submitted but was refused for filing, or was withdrawn
before being accepted or refused for filing, shall be subject
to the full fee under subparagraph (A) upon being resubmitted
or filed over protest.
``(G) Refund of fee if order request withdrawn.--If an
order request is withdrawn after the order request was filed,
the Secretary may refund the fee or a portion of the fee if no
substantial work was performed on the order request after the
application was filed. The Secretary shall have the sole
discretion to refund a fee or a portion of the fee under this
subparagraph. A determination by the Secretary concerning a
refund under this subparagraph shall not be reviewable.
``(3) Refunds.--
``(A) In general.--Other than refunds provided pursuant to
any of subparagraphs (D) through (G) of paragraph (2), the
Secretary shall not refund any fee paid under paragraph (1)
except as provided in subparagraph (B).
``(B) Disputes concerning fees.--To qualify for the return
of a fee claimed to have been paid in error under paragraph (1)
or (2), a person shall submit to the Secretary a written
request justifying such return within 180 calendar days after
such fee was paid.
``(4) Notice.--Within the timeframe specified in subsection
(c), the Secretary shall publish in the Federal Register the amount
of the fees under paragraph (1) for such fiscal year.
``(b) Fee Revenue Amounts.--
``(1) Fiscal year 2021.--For fiscal year 2021, fees under
subsection (a)(1) shall be established to generate a total facility
fee revenue amount equal to the sum of--
``(A) the annual base revenue for fiscal year 2021 (as
determined under paragraph (3));
``(B) the dollar amount equal to the operating reserve
adjustment for the fiscal year, if applicable (as determined
under subsection (c)(2)); and
``(C) additional direct cost adjustments (as determined
under subsection (c)(3)).
``(2) Subsequent fiscal years.--For each of the fiscal years
2022 through 2025, fees under subsection (a)(1) shall be
established to generate a total facility fee revenue amount equal
to the sum of--
``(A) the annual base revenue for the fiscal year (as
determined under paragraph (3));
``(B) the dollar amount equal to the inflation adjustment
for the fiscal year (as determined under subsection (c)(1));
``(C) the dollar amount equal to the operating reserve
adjustment for the fiscal year, if applicable (as determined
under subsection (c)(2));
``(D) additional direct cost adjustments (as determined
under subsection (c)(3)); and
``(E) additional dollar amounts for each fiscal year as
follows:
``(i) $7,000,000 for fiscal year 2022.
``(ii) $6,000,000 for fiscal year 2023.
``(iii) $7,000,000 for fiscal year 2024.
``(iv) $3,000,000 for fiscal year 2025.
``(3) Annual base revenue.--For purposes of paragraphs (1)(A)
and (2)(A), the dollar amount of the annual base revenue for a
fiscal year shall be--
``(A) for fiscal year 2021, $8,000,000; and
``(B) for fiscal years 2022 through 2025, the dollar amount
of the total revenue amount established under this subsection
for the previous fiscal year, not including any adjustments
made under subsection (c)(2) or (c)(3).
``(c) Adjustments; Annual Fee Setting.--
``(1) Inflation adjustment.--
``(A) In general.--For purposes of subsection (b)(2)(B),
the dollar amount of the inflation adjustment to the annual
base revenue for fiscal year 2022 and each subsequent fiscal
year shall be equal to the product of--
``(i) such annual base revenue for the fiscal year
under subsection (b)(2); and
``(ii) the inflation adjustment percentage under
subparagraph (C).
``(B) OTC monograph order request fees.--For purposes of
subsection (a)(2), the dollar amount of the inflation
adjustment to the fee for OTC monograph order requests for
fiscal year 2022 and each subsequent fiscal year shall be equal
to the product of--
``(i) the applicable fee under subsection (a)(2) for
the preceding fiscal year; and
``(ii) the inflation adjustment percentage under
subparagraph (C).
``(C) Inflation adjustment percentage.--The inflation
adjustment percentage under this subparagraph for a fiscal year
is equal to--
``(i) for each of fiscal years 2022 and 2023, the
average annual percent change that occurred in the Consumer
Price Index for urban consumers (Washington-Baltimore, DC-
MD-VA-WV; Not Seasonally Adjusted; All items; Annual Index)
for the first 3 years of the preceding 4 years of available
data; and
``(ii) for each of fiscal years 2024 and 2025, the sum
of--
``(I) the average annual percent change in the
cost, per full-time equivalent position of the Food and
Drug Administration, of all personnel compensation and
benefits paid with respect to such positions for the
first 3 years of the preceding 4 fiscal years,
multiplied by the proportion of personnel compensation
and benefits costs to total costs of OTC monograph drug
activities for the first 3 years of the preceding 4
fiscal years; and
``(II) the average annual percent change that
occurred in the Consumer Price Index for urban
consumers (Washington-Baltimore, DC-MD-VA-WV; Not
Seasonally Adjusted; All items; Annual Index) for the
first 3 years of the preceding 4 years of available
data multiplied by the proportion of all costs other
than personnel compensation and benefits costs to total
costs of OTC monograph drug activities for the first 3
years of the preceding 4 fiscal years.
``(2) Operating reserve adjustment.--
``(A) In general.--For fiscal year 2021 and subsequent
fiscal years, for purposes of subsections (b)(1)(B) and
(b)(2)(C), the Secretary may, in addition to adjustments under
paragraph (1), further increase the fee revenue and fees if
such an adjustment is necessary to provide operating reserves
of carryover user fees for OTC monograph drug activities for
not more than the number of weeks specified in subparagraph
(B).
``(B) Number of weeks.--The number of weeks specified in
this subparagraph is--
``(i) 3 weeks for fiscal year 2021;
``(ii) 7 weeks for fiscal year 2022;
``(iii) 10 weeks for fiscal year 2023;
``(iv) 10 weeks for fiscal year 2024; and
``(v) 10 weeks for fiscal year 2025.
``(C) Decrease.--If the Secretary has carryover balances
for such process in excess of 10 weeks of the operating
reserves referred to in subparagraph (A), the Secretary shall
decrease the fee revenue and fees referred to in such
subparagraph to provide for not more than 10 weeks of such
operating reserves.
``(D) Rationale for adjustment.--If an adjustment under
this paragraph is made, the rationale for the amount of the
increase or decrease (as applicable) in fee revenue and fees
shall be contained in the annual Federal Register notice under
paragraph (4) establishing fee revenue and fees for the fiscal
year involved.
``(3) Additional direct cost adjustment.--The Secretary shall,
in addition to adjustments under paragraphs (1) and (2), further
increase the fee revenue and fees for purposes of subsection
(b)(2)(D) by an amount equal to--
``(A) $14,000,000 for fiscal year 2021;
``(B) $7,000,000 for fiscal year 2022;
``(C) $4,000,000 for fiscal year 2023;
``(D) $3,000,000 for fiscal year 2024; and
``(E) $3,000,000 for fiscal year 2025.
``(4) Annual fee setting.--
``(A) Fiscal year 2021.--The Secretary shall, not later
than the second Monday in May of 2020--
``(i) establish OTC monograph drug facility fees for
fiscal year 2021 under subsection (a), based on the revenue
amount for such year under subsection (b) and the
adjustments provided under this subsection; and
``(ii) publish fee revenue, facility fees, and OTC
monograph order requests in the Federal Register.
``(B) Subsequent fiscal years.--The Secretary shall, for
each fiscal year that begins after September 30, 2021, not
later than the second Monday in March that precedes such fiscal
year--
``(i) establish for such fiscal year, based on the
revenue amounts under subsection (b) and the adjustments
provided under this subsection--
``(I) OTC monograph drug facility fees under
subsection (a)(1); and
``(II) OTC monograph order request fees under
subsection (a)(2); and
``(ii) publish such fee revenue amounts, facility fees,
and OTC monograph order request fees in the Federal
Register.
``(d) Identification of Facilities.--Each person that owns an OTC
monograph drug facility shall submit to the Secretary the information
required under this subsection each year. Such information shall, for
each fiscal year--
``(1) be submitted as part of the requirements for drug
establishment registration set forth in section 510; and
``(2) include for each such facility, at a minimum,
identification of the facility's business operation as that of an
OTC monograph drug facility.
``(e) Effect of Failure To Pay Fees.--
``(1) OTC monograph drug facility fee.--
``(A) In general.--Failure to pay the fee under subsection
(a)(1) within 20 calendar days of the due date as specified in
subparagraph (D) of such subsection shall result in the
following:
``(i) The Secretary shall place the facility on a
publicly available arrears list.
``(ii) All OTC monograph drugs manufactured in such a
facility or containing an ingredient manufactured in such a
facility shall be deemed misbranded under section 502(ff).
``(B) Application of penalties.--The penalties under this
paragraph shall apply until the fee established by subsection
(a)(1) is paid.
``(2) Order requests.--An OTC monograph order request submitted
by a person subject to fees under subsection (a) shall be
considered incomplete and shall not be accepted for filing by the
Secretary until all fees owed by such person under this section
have been paid.
``(3) Meetings.--A person subject to fees under this section
shall be considered ineligible for OTC monograph drug meetings
until all such fees owed by such person have been paid.
``(f) Crediting and Availability of Fees.--
``(1) In general.--Fees authorized under subsection (a) shall
be collected and available for obligation only to the extent and in
the amount provided in advance in appropriations Acts. Such fees
are authorized to remain available until expended. Such sums as may
be necessary may be transferred from the Food and Drug
Administration salaries and expenses appropriation account without
fiscal year limitation to such appropriation account for salaries
and expenses with such fiscal year limitation. The sums transferred
shall be available solely for OTC monograph drug activities.
``(2) Collections and appropriation acts.--
``(A) In general.--Subject to subparagraph (C), the fees
authorized by this section shall be collected and available in
each fiscal year in an amount not to exceed the amount
specified in appropriation Acts, or otherwise made available
for obligation, for such fiscal year.
``(B) Use of fees and limitation.--The fees authorized by
this section shall be available to defray increases in the
costs of the resources allocated for OTC monograph drug
activities (including increases in such costs for an additional
number of full-time equivalent positions in the Department of
Health and Human Services to be engaged in such activities),
only if the Secretary allocates for such purpose an amount for
such fiscal year (excluding amounts from fees collected under
this section) no less than $12,000,000, multiplied by the
adjustment factor applicable to the fiscal year involved under
subsection (c)(1).
``(C) Compliance.--The Secretary shall be considered to
have met the requirements of subparagraph (B) in any fiscal
year if the costs funded by appropriations and allocated for
OTC monograph drug activities are not more than 15 percent
below the level specified in such subparagraph.
``(D) Provision for early payments in subsequent years.--
Payment of fees authorized under this section for a fiscal year
(after fiscal year 2021), prior to the due date for such fees,
may be accepted by the Secretary in accordance with authority
provided in advance in a prior year appropriations Act.
``(3) Authorization of appropriations.--For each of the fiscal
years 2021 through 2025, there is authorized to be appropriated for
fees under this section an amount equal to the total amount of fees
assessed for such fiscal year under this section.
``(g) Collection of Unpaid Fees.--In any case where the Secretary
does not receive payment of a fee assessed under subsection (a) within
30 calendar days after it is due, such fee shall be treated as a claim
of the United States Government subject to subchapter II of chapter 37
of title 31, United States Code.
``(h) Construction.--This section may not be construed to require
that the number of full-time equivalent positions in the Department of
Health and Human Services, for officers, employers, and advisory
committees not engaged in OTC monograph drug activities, be reduced to
offset the number of officers, employees, and advisory committees so
engaged.
``SEC. 744N. REAUTHORIZATION; REPORTING REQUIREMENTS.
``(a) Performance Report.--Beginning with fiscal year 2021, and not
later than 120 calendar days after the end of each fiscal year
thereafter for which fees are collected under this part, the Secretary
shall prepare and submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report concerning the progress of the Food
and Drug Administration in achieving the goals identified in the
letters described in section 3861(b) of the CARES Act during such
fiscal year and the future plans of the Food and Drug Administration
for meeting such goals.
``(b) Fiscal Report.--Not later than 120 calendar days after the
end of fiscal year 2021 and each subsequent fiscal year for which fees
are collected under this part, the Secretary shall prepare and submit
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate a report on the implementation of the authority for such fees
during such fiscal year and the use, by the Food and Drug
Administration, of the fees collected for such fiscal year.
``(c) Public Availability.--The Secretary shall make the reports
required under subsections (a) and (b) available to the public on the
internet website of the Food and Drug Administration.
``(d) Reauthorization.--
``(1) Consultation.--In developing recommendations to present
to the Congress with respect to the goals described in subsection
(a), and plans for meeting the goals, for OTC monograph drug
activities for the first 5 fiscal years after fiscal year 2025, and
for the reauthorization of this part for such fiscal years, the
Secretary shall consult with--
``(A) the Committee on Energy and Commerce of the House of
Representatives;
``(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(C) scientific and academic experts;
``(D) health care professionals;
``(E) representatives of patient and consumer advocacy
groups; and
``(F) the regulated industry.
``(2) Public review of recommendations.--After negotiations
with the regulated industry, the Secretary shall--
``(A) present the recommendations developed under paragraph
(1) to the congressional committees specified in such
paragraph;
``(B) publish such recommendations in the Federal Register;
``(C) provide for a period of 30 calendar days for the
public to provide written comments on such recommendations;
``(D) hold a meeting at which the public may present its
views on such recommendations; and
``(E) after consideration of such public views and
comments, revise such recommendations as necessary.
``(3) Transmittal of recommendations.--Not later than January
15, 2025, the Secretary shall transmit to the Congress the revised
recommendations under paragraph (2), a summary of the views and
comments received under such paragraph, and any changes made to the
recommendations in response to such views and comments.''.
TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED
SECTORS OF THE UNITED STATES ECONOMY
Subtitle A--Coronavirus Economic Stabilization Act of 2020
SEC. 4001. SHORT TITLE.
This subtitle may be cited as the ``Coronavirus Economic
Stabilization Act of 2020''.
SEC. 4002. DEFINITIONS.
In this subtitle:
(1) Air carrier.--The term ``air carrier'' has the meaning such
term has under section 40102 of title 49, United States Code.
(2) Coronavirus.--The term ``coronavirus'' means SARS-CoV-2 or
another coronavirus with pandemic potential.
(3) Covered loss.--The term ``covered loss'' includes losses
incurred directly or indirectly as a result of coronavirus, as
determined by the Secretary.
(4) Eligible business.--The term ``eligible business'' means--
(A) an air carrier; or
(B) a United States business that has not otherwise
received adequate economic relief in the form of loans or loan
guarantees provided under this Act.
(5) Employee.--Except where the context otherwise requires, the
term ``employee''--
(A) has the meaning given the term in section 2 of the
National Labor Relations Act (29 U.S.C. 152); and
(B) includes any individual employed by an employer subject
to the Railway Labor Act (45 U.S.C. 151 et seq.).
(6) Equity security; exchange.--The terms ``equity security''
and ``exchange'' have the meanings given the terms in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).
(7) Municipality.--The term ``municipality'' includes--
(A) a political subdivision of a State, and
(B) an instrumentality of a municipality, a State, or a
political subdivision of a State.
(8) National securities exchange.--The term ``national
securities exchange'' means an exchange registered as a national
securities exchange under section 6 of the Securities Exchange Act
of 1934 (15 U.S.C. 78f).
(9) Secretary.--The term ``Secretary'' means the Secretary of
the Treasury, or the designee of the Secretary of the Treasury.
(10) State.--The term ``State'' means--
(A) any of the several States;
(B) the District of Columbia;
(C) any of the territories and possessions of the United
States;
(D) any bi-State or multi-State entity; and
(E) any Indian Tribe.
SEC. 4003. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.
(a) In General.--Notwithstanding any other provision of law, to
provide liquidity to eligible businesses, States, and municipalities
related to losses incurred as a result of coronavirus, the Secretary is
authorized to make loans, loan guarantees, and other investments in
support of eligible businesses, States, and municipalities that do not,
in the aggregate, exceed $500,000,000,000 and provide the subsidy
amounts necessary for such loans, loan guarantees, and other
investments in accordance with the provisions of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
(b) Loans, Loan Guarantees, and Other Investments.--Loans, loan
guarantees, and other investments made pursuant to subsection (a) shall
be made available as follows:
(1) Not more than $25,000,000,000 shall be available to make
loans and loan guarantees for passenger air carriers, eligible
businesses that are certified under part 145 of title 14, Code of
Federal Regulations, and approved to perform inspection, repair,
replace, or overhaul services, and ticket agents (as defined in
section 40102 of title 49, United States Code).
(2) Not more than $4,000,000,000 shall be available to make
loans and loan guarantees for cargo air carriers.
(3) Not more than $17,000,000,000 shall be available to make
loans and loan guarantees for businesses critical to maintaining
national security.
(4) Not more than the sum of $454,000,000,000 and any amounts
available under paragraphs (1), (2), and (3) that are not used as
provided under those paragraphs shall be available to make loans
and loan guarantees to, and other investments in, programs or
facilities established by the Board of Governors of the Federal
Reserve System for the purpose of providing liquidity to the
financial system that supports lending to eligible businesses,
States, or municipalities by--
(A) purchasing obligations or other interests directly from
issuers of such obligations or other interests;
(B) purchasing obligations or other interests in secondary
markets or otherwise; or
(C) making loans, including loans or other advances secured
by collateral.
(c) Terms and Conditions.--
(1) In general.--
(A) Forms; terms and conditions.--A loan, loan guarantee,
or other investment by the Secretary shall be made under this
section in such form and on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate. Any loans made by the
Secretary under this section shall be at a rate determined by
the Secretary based on the risk and the current average yield
on outstanding marketable obligations of the United States of
comparable maturity.
(B) Procedures.--As soon as practicable, but in no case
later than 10 days after the date of enactment of this Act, the
Secretary shall publish procedures for application and minimum
requirements, which may be supplemented by the Secretary in the
Secretary's discretion, for making loans, loan guarantees, or
other investments under paragraphs (1), (2) and (3) of
subsection (b) .
(2) Loans and loan guarantees .--The Secretary may enter into
agreements to make loans or loan guarantees to 1 or more eligible
businesses under paragraphs (1), (2) and (3) of subsection (b) if
the Secretary determines that, in the Secretary's discretion--
(A) the applicant is an eligible business for which credit
is not reasonably available at the time of the transaction;
(B) the intended obligation by the applicant is prudently
incurred;
(C) the loan or loan guarantee is sufficiently secured or
is made at a rate that--
(i) reflects the risk of the loan or loan guarantee;
and
(ii) is to the extent practicable, not less than an
interest rate based on market conditions for comparable
obligations prevalent prior to the outbreak of the
coronavirus disease 2019 (COVID-19);
(D) the duration of the loan or loan guarantee is as short
as practicable and in any case not longer than 5 years;
(E) the agreement provides that, until the date 12 months
after the date the loan or loan guarantee is no longer
outstanding, neither the eligible business nor any affiliate of
the eligible business may purchase an equity security that is
listed on a national securities exchange of the eligible
business or any parent company of the eligible business, except
to the extent required under a contractual obligation in effect
as of the date of enactment of this Act;
(F) the agreement provides that, until the date 12 months
after the date the loan or loan guarantee is no longer
outstanding, the eligible business shall not pay dividends or
make other capital distributions with respect to the common
stock of the eligible business;
(G) the agreement provides that, until September 30, 2020,
the eligible business shall maintain its employment levels as
of March 24, 2020, to the extent practicable, and in any case
shall not reduce its employment levels by more than 10 percent
from the levels on such date;
(H) the agreement includes a certification by the eligible
business that it is created or organized in the United States
or under the laws of the United States and has significant
operations in and a majority of its employees based in the
United States; and
(I) for purposes of a loan or loan guarantee under
paragraphs (1), (2), and (3) of subsection (b), the eligible
business must have incurred or is expected to incur covered
losses such that the continued operations of the business are
jeopardized, as determined by the Secretary.
(3) Federal reserve programs or facilities.--
(A) Terms and conditions.--
(i) Definition.--In this paragraph, the term ``direct
loan'' means a loan under a bilateral loan agreement that
is --
(I) entered into directly with an eligible business
as borrower; and
(II) not part of a syndicated loan, a loan
originated by a financial institution in the ordinary
course of business, or a securities or capital markets
transaction.
(ii) Restrictions.--The Secretary may make a loan, loan
guarantee, or other investment under subsection (b)(4) as
part of a program or facility that provides direct loans
only if the applicable eligible businesses agree--
(I) until the date 12 months after the date on
which the direct loan is no longer outstanding, not to
repurchase an equity security that is listed on a
national securities exchange of the eligible business
or any parent company of the eligible business while
the direct loan is outstanding, except to the extent
required under a contractual obligation that is in
effect as of the date of enactment of this Act;
(II) until the date 12 months after the date on
which the direct loan is no longer outstanding, not to
pay dividends or make other capital distributions with
respect to the common stock of the eligible business;
and
(III) to comply with the limitations on
compensation set forth in section 4004.
(iii) Waiver.--The Secretary may waive the requirement
under clause (ii) with respect to any program or facility
upon a determination that such waiver is necessary to
protect the interests of the Federal Government. If the
Secretary exercises a waiver under this clause, the
Secretary shall make himself available to testify before
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives regarding the reasons for the waiver.
(B) Federal reserve act taxpayer protections and other
requirements apply.--For the avoidance of doubt, any applicable
requirements under section 13(3) of the Federal Reserve Act (12
U.S.C. 343(3)), including requirements relating to loan
collateralization, taxpayer protection, and borrower solvency,
shall apply with respect to any program or facility described
in subsection (b)(4).
(C) United states businesses.--A program or facility in
which the Secretary makes a loan, loan guarantee, or other
investment under subsection (b)(4) shall only purchase
obligations or other interests (other than securities that are
based on an index or that are based on a diversified pool of
securities) from, or make loans or other advances to,
businesses that are created or organized in the United States
or under the laws of the United States and that have
significant operations in and a majority of its employees based
in the United States.
(D) Assistance for mid-sized businesses.--
(i) In general.--Without limiting the terms and
conditions of the programs and facilities that the
Secretary may otherwise provide financial assistance to
under subsection (b)(4), the Secretary shall endeavor to
seek the implementation of a program or facility described
in subsection (b)(4) that provides financing to banks and
other lenders that make direct loans to eligible businesses
including, to the extent practicable, nonprofit
organizations, with between 500 and 10,000 employees, with
such direct loans being subject to an annualized interest
rate that is not higher than 2 percent per annum. For the
first 6 months after any such direct loan is made, or for
such longer period as the Secretary may determine in his
discretion, no principal or interest shall be due and
payable. Any eligible borrower applying for a direct loan
under this program shall make a good-faith certification
that--
(I) the uncertainty of economic conditions as of
the date of the application makes necessary the loan
request to support the ongoing operations of the
recipient;
(II) the funds it receives will be used to retain
at least 90 percent of the recipient's workforce, at
full compensation and benefits, until September 30,
2020;
(III) the recipient intends to restore not less
than 90 percent of the workforce of the recipient that
existed as of February 1, 2020, and to restore all
compensation and benefits to the workers of the
recipient no later than 4 months after the termination
date of the public health emergency declared by the
Secretary of Health and Human Services on January 31,
2020, under section 319 of the Public Health Services
Act (42 U.S.C. 247d) in response to COVID-19;
(IV) the recipient is an entity or business that is
domiciled in the United States with significant
operations and employees located in the United States;
(V) the recipient is not a debtor in a bankruptcy
proceeding;
(VI) the recipient is created or organized in the
United States or under the laws of the United States
and has significant operations in and a majority of its
employees based in the United States;
(VII) the recipient will not pay dividends with
respect to the common stock of the eligible business,
or repurchase an equity security that is listed on a
national securities exchange of the recipient or any
parent company of the recipient while the direct loan
is outstanding, except to the extent required under a
contractual obligation that is in effect as of the date
of enactment of this Act;
(VIII) the recipient will not outsource or offshore
jobs for the term of the loan and 2 years after
completing repayment of the loan;
(IX) the recipient will not abrogate existing
collective bargaining agreements for the term of the
loan and 2 years after completing repayment of the
loan; and
(X) that the recipient will remain neutral in any
union organizing effort for the term of the loan.
(ii) Main street lending program.--Nothing in this
subparagraph shall limit the discretion of the Board of
Governors of the Federal Reserve System to establish a Main
Street Lending Program or other similar program or facility
that supports lending to small and mid-sized businesses on
such terms and conditions as the Board may set consistent
with section 13(3) of the Federal Reserve Act (12 U.S.C.
343(3)), including any such program in which the Secretary
makes a loan, loan guarantee, or other investment under
subsection (b)(4).
(E) Government participants.--The Secretary shall endeavor
to seek the implementation of a program or facility in
accordance with subsection (b)(4) that provides liquidity to
the financial system that supports lending to States and
municipalities.
(d) Financial Protection of Government.--
(1) Warrant or senior debt instrument.--The Secretary may not
issue a loan to, or a loan guarantee for, an eligible business
under paragraph (1), (2), or (3) of subsection (b) unless--
(A)(i) the eligible business has issued securities that are
traded on a national securities exchange; and
(ii) the Secretary receives a warrant or equity interest in
the eligible business; or
(B) in the case of any eligible business other than an
eligible business described in subparagraph (A), the Secretary
receives, in the discretion of the Secretary--
(i) a warrant or equity interest in the eligible
business; or
(ii) a senior debt instrument issued by the eligible
business.
(2) Terms and conditions.--The terms and conditions of any
warrant, equity interest, or senior debt instrument received under
paragraph (1) shall be set by the Secretary and shall meet the
following requirements:
(A) Purposes.--Such terms and conditions shall be designed
to provide for a reasonable participation by the Secretary, for
the benefit of taxpayers, in equity appreciation in the case of
a warrant or other equity interest, or a reasonable interest
rate premium, in the case of a debt instrument.
(B) Authority to sell, exercise, or surrender.--For the
primary benefit of taxpayers, the Secretary may sell, exercise,
or surrender a warrant or any senior debt instrument received
under this subsection. The Secretary shall not exercise voting
power with respect to any shares of common stock acquired under
this section.
(C) Sufficiency.--If the Secretary determines that the
eligible business cannot feasibly issue warrants or other
equity interests as required by this subsection, the Secretary
may accept a senior debt instrument in an amount and on such
terms as the Secretary deems appropriate.
(3) Prohibition on loan forgiveness.--The principal amount of
any obligation issued by an eligible business, State, or
municipality under a program described in subsection (b) shall not
be reduced through loan forgiveness.
(e) Deposit of Proceeds.--Amounts collected under subsection (b)
shall be deposited in the following order of priority:
(1) Into the financing accounts established under section 505
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661d) to
implement this subtitle, up to an amount equal to the sum of--
(A) the amount transferred from the appropriation made
under section 4027 to the financing accounts; and
(B) the amount necessary to repay any amount lent from the
Treasury to such financing accounts.
(2) After the deposits specified in paragraph (1) of this
subsection have been made, into the Federal Old-Age and Survivors
Insurance Trust Fund established under section 201(a) of the Social
Security Act (42 U.S.C. 401).
(f) Administrative Provisions.--Notwithstanding any other provision
of law, the Secretary may use not greater than $100,000,000 of the
funds made available under section 4027 to pay costs and administrative
expenses associated with the loans, loan guarantees, and other
investments authorized under this section. The Secretary is authorized
to take such actions as the Secretary deems necessary to carry out the
authorities in this subtitle, including, without limitation--
(1) using direct hiring authority to hire employees to
administer this subtitle;
(2) entering into contracts, including contracts for services
authorized by this subtitle;
(3) establishing vehicles that are authorized, subject to
supervision by the Secretary, to purchase, hold, and sell assets
and issue obligations; and
(4) issuing such regulations and other guidance as may be
necessary or appropriate to carry out the authorities or purposes
of this subtitle.
(g) Financial Agents.--The Secretary is authorized to designate
financial institutions, including but not limited to, depositories,
brokers, dealers, and other institutions, as financial agents of the
United States. Such institutions shall--
(1) perform all reasonable duties the Secretary determines
necessary to respond to the coronavirus; and
(2) be paid for such duties using appropriations available to
the Secretary to reimburse financial institutions in their capacity
as financial agents of the United States.
(h) Loans Made by or Guaranteed by the Department of the Treasury
Treated as Indebtedness for Tax Purposes.--
(1) In general.--Any loan made by or guaranteed by the
Department of the Treasury under this section shall be treated as
indebtedness for purposes of the Internal Revenue Code of 1986,
shall be treated as issued for its stated principal amount, and
stated interest on such loans shall be treated as qualified stated
interest.
(2) Regulations or guidance.--The Secretary of the Treasury (or
the Secretary's delegate) shall prescribe such regulations or
guidance as may be necessary or appropriate to carry out the
purposes of this section, including guidance providing that the
acquisition of warrants, stock options, common or preferred stock
or other equity under this section does not result in an ownership
change for purposes of section 382 of the Internal Revenue Code of
1986.
SEC. 4004. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
(a) In General.--The Secretary may only enter into an agreement
with an eligible business to make a loan or loan guarantee under
paragraph (1), (2) or (3) of section 4003(b) if such agreement provides
that, during the period beginning on the date on which the agreement is
executed and ending on the date that is 1 year after the date on which
the loan or loan guarantee is no longer outstanding--
(1) no officer or employee of the eligible business whose total
compensation exceeded $425,000 in calendar year 2019 (other than an
employee whose compensation is determined through an existing
collective bargaining agreement entered into prior to March 1,
2020)--
(A) will receive from the eligible business total
compensation which exceeds, during any 12 consecutive months of
such period, the total compensation received by the officer or
employee from the eligible business in calendar year 2019; or
(B) will receive from the eligible business severance pay
or other benefits upon termination of employment with the
eligible business which exceeds twice the maximum total
compensation received by the officer or employee from the
eligible business in calendar year 2019; and
(2) no officer or employee of the eligible business whose total
compensation exceeded $3,000,000 in calendar year 2019 may receive
during any 12 consecutive months of such period total compensation
in excess of the sum of--
(A) $3,000,000; and
(B) 50 percent of the excess over $3,000,000 of the total
compensation received by the officer or employee from the
eligible business in calendar year 2019.
(b) Total Compensation Defined.--In this section, the term ``total
compensation'' includes salary, bonuses, awards of stock, and other
financial benefits provided by an eligible business to an officer or
employee of the eligible business.
SEC. 4005. CONTINUATION OF CERTAIN AIR SERVICE.
The Secretary of Transportation is authorized to require, to the
extent reasonable and practicable, an air carrier receiving loans and
loan guarantees under section 4003 to maintain scheduled air
transportation service as the Secretary of Transportation deems
necessary to ensure services to any point served by that carrier before
March 1, 2020. When considering whether to exercise the authority
granted by this section, the Secretary of Transportation shall take
into consideration the air transportation needs of small and remote
communities and the need to maintain well-functioning health care and
pharmaceutical supply chains, including for medical devices and
supplies. The authority under this section, including any requirement
issued by the Secretary under this section, shall terminate on March 1,
2022.
SEC. 4006. COORDINATION WITH SECRETARY OF TRANSPORTATION.
In implementing this subtitle with respect to air carriers, the
Secretary shall coordinate with the Secretary of Transportation.
SEC. 4007. SUSPENSION OF CERTAIN AVIATION EXCISE TAXES.
(a) Transportation by Air.--In the case of any amount paid for
transportation by air (including any amount treated as paid for
transportation by air by reason of section 4261(e)(3) of the Internal
Revenue Code of 1986) during the excise tax holiday period, no tax
shall be imposed under section 4261 or 4271 of such Code. The preceding
sentence shall not apply to amounts paid on or before the date of the
enactment of this Act.
(b) Use of Kerosene in Commercial Aviation.--In the case of
kerosene used in commercial aviation (as defined in section 4083 of the
Internal Revenue Code of 1986) during the excise tax holiday period--
(1) no tax shall be imposed on such kerosene under--
(A) section 4041(c) of the Internal Revenue Code of 1986,
or
(B) section 4081 of such Code (other than at the rate
provided in subsection (a)(2)(B) thereof), and
(2) section 6427(l) of such Code shall be applied--
(A) by treating such use as a nontaxable use, and
(B) without regard to paragraph (4)(A)(ii) thereof.
(c) Excise Tax Holiday Period.--For purposes of this section, the
term ``excise tax holiday period'' means the period beginning after the
date of the enactment of this section and ending before January 1,
2021.
SEC. 4008. DEBT GUARANTEE AUTHORITY.
(a) Section 1105 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5612) is amended--
(1) in subsection (f)--
(A) by inserting ``in noninterest-bearing transaction
accounts'' after ``institutions''; and
(B) by striking ``shall not'' and inserting ``may''; and
(2) by adding at the end the following:
``(h) Approval of Guarantee Program During the COVID-19 Crisis.--
``(1) In general.--For purposes of the congressional joint
resolution of approval provided for in subsections (c)(1) and (2)
and (d), notwithstanding any other provision of this section, the
Federal Deposit Insurance Corporation is approved upon enactment of
this Act to establish a program provided for in subsection (a),
provided that any such program and any such guarantee shall
terminate not later than December 31, 2020.
``(2) Maximum amount.--Any debt guarantee program authorized by
this subsection shall include a maximum amount of outstanding debt
that is guaranteed.''.
(b) Federal Credit Union Transaction Account Guarantees.--
Notwithstanding any other provision of law and in coordination with the
Federal Deposit Insurance Corporation, the National Credit Union
Administration Board may by a vote of the Board increase to unlimited,
or such lower amount as the Board approves, the share insurance
coverage provided by the National Credit Union Share Insurance Fund on
any noninterest-bearing transaction account in any federally insured
credit union without exception, provided that any such increase shall
terminate not later than December 31, 2020.
SEC. 4009. TEMPORARY GOVERNMENT IN THE SUNSHINE ACT RELIEF.
(a) In General.--Except as provided in subsection (b),
notwithstanding any other provision of law, if the Chairman of the
Board of Governors of the Federal Reserve System determines, in
writing, that unusual and exigent circumstances exist, the Board may
conduct meetings without regard to the requirements of section 552b of
title 5, United States Code, during the period beginning on the date of
enactment of this Act and ending on the earlier of--
(1) the date on which the national emergency concerning the
novel coronavirus disease (COVID-19) outbreak declared by the
President on March 13, 2020 under the National Emergencies Act (50
U.S.C. 1601 et seq.) terminates; or
(2) December 31, 2020.
(b) Records.--The Board of Governors of the Federal Reserve System
shall keep a record of all Board votes and the reasons for such votes
during the period described in subsection (a).
SEC. 4010. TEMPORARY HIRING FLEXIBILITY.
(a) Definition.--In this section, the term ``covered period'' means
the period beginning on the date of enactment of this Act and ending on
the sooner of--
(1) the termination date of the national emergency concerning
the novel coronavirus disease (COVID-19) outbreak declared by the
President on March 13, 2020 under the National Emergencies Act (50
U.S.C. 1601 et seq.); or
(2) December 31, 2020.
(b) Authority.-- During the covered period, the Secretary of
Housing and Urban Development, the Securities and Exchange Commission,
and the Commodity Futures Trading Commission may, without regard to
sections 3309 through 3318 of title 5, United States Code, recruit and
appoint candidates to fill temporary and term appointments within their
respective agencies upon a determination that those expedited
procedures are necessary and appropriate to enable the respective
agencies to prevent, prepare for, or respond to COVID-19.
SEC. 4011. TEMPORARY LENDING LIMIT WAIVER.
(a) In General.--Section 5200 of the Revised Statutes of the United
States (12 U.S.C. 84) is amended--
(1) in subsection (c)(7)--
(A) by inserting ``any nonbank financial company (as that
term is defined in section 102 of the Financial Stability Act
of 2010 (12 U.S.C. 5311)),'' after ``Loans or extensions of
credit to''; and
(B) by striking ``financial institution or to'' and
inserting ``financial institution, or to''; and
(2) in subsection (d), by adding at the end of paragraph (1)
the following: ``The Comptroller of the Currency may, by order,
exempt any transaction or series of transactions from the
requirements of this section upon a finding by the Comptroller that
such exemption is in the public interest and consistent with the
purposes of this section.''.
(b) Effective Period.--This section, and the amendments made by
this section, shall be effective during the period beginning on the
date of enactment of this Act and ending on the sooner of--
(1) the termination date of the national emergency concerning
the novel coronavirus disease (COVID-19) outbreak declared by the
President on March 13, 2020 under the National Emergencies Act (50
U.S.C. 1601 et seq.); or
(2) December 31, 2020.
SEC. 4012. TEMPORARY RELIEF FOR COMMUNITY BANKS.
(a) Definitions.--In this section--
(1) the term ``appropriate Federal banking agency'' has the
meaning given the term in section 2 of the Economic Growth,
Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5365
note); and
(2) the terms ``Community Bank Leverage Ratio'' and
``qualifying community bank'' have the meanings given the terms in
section 201(a) of the Economic Growth, Regulatory Relief, and
Consumer Protection Act (12 U.S.C. 5371 note).
(b) Interim Rule.--
(1) In general.--Notwithstanding any other provision of law or
regulation, the appropriate Federal banking agencies shall issue an
interim final rule that provides that, for the purposes of section
201 of the Economic Growth, Regulatory Relief, and Consumer
Protection Act (12 U.S.C. 5371 note)--
(A) the Community Bank Leverage Ratio shall be 8 percent;
and
(B) a qualifying community bank that falls below the
Community Bank Leverage Ratio established under subparagraph
(A) shall have a reasonable grace period to satisfy the
Community Bank Leverage Ratio.
(2) Effective period.--The interim rule issued under paragraph
(1) shall be effective during the period beginning on the date on
which the appropriate Federal banking agencies issue the rule and
ending on the sooner of--
(A) the termination date of the national emergency
concerning the novel coronavirus disease (COVID-19) outbreak
declared by the President on March 13, 2020 under the National
Emergencies Act (50 U.S.C. 1601 et seq.); or
(B) December 31, 2020.
(c) Grace Period.--During a grace period described in subsection
(b)(1)(B), a qualifying community bank to which the grace period
applies may continue to be treated as a qualifying community bank and
shall be presumed to satisfy the capital and leverage requirements
described in section 201(c) of the Economic Growth, Regulatory Relief,
and Consumer Protection Act (12 U.S.C. 5371 note).
SEC. 4013. TEMPORARY RELIEF FROM TROUBLED DEBT RESTRUCTURINGS.
(a) Definitions.--In this section:
(1) Applicable period.--The term ``applicable period'' means
the period beginning on March 1, 2020 and ending on the earlier of
December 31, 2020, or the date that is 60 days after the date on
which the national emergency concerning the novel coronavirus
disease (COVID-19) outbreak declared by the President on March 13,
2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.)
terminates.
(2) Appropriate federal banking agency.--The term ``appropriate
Federal banking agency''--
(A) has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes the National Credit Union Administration.
(b) Suspension.--
(1) In general.--During the applicable period, a financial
institution may elect to--
(A) suspend the requirements under United States generally
accepted accounting principles for loan modifications related
to the coronavirus disease 2019 (COVID-19) pandemic that would
otherwise be categorized as a troubled debt restructuring; and
(B) suspend any determination of a loan modified as a
result of the effects of the coronavirus disease 2019 (COVID-
19) pandemic as being a troubled debt restructuring, including
impairment for accounting purposes.
(2) Applicability.--Any suspension under paragraph (1)--
(A) shall be applicable for the term of the loan
modification, but solely with respect to any modification,
including a forbearance arrangement, an interest rate
modification, a repayment plan, and any other similar
arrangement that defers or delays the payment of principal or
interest, that occurs during the applicable period for a loan
that was not more than 30 days past due as of December 31,
2019; and
(B) shall not apply to any adverse impact on the credit of
a borrower that is not related to the coronavirus disease 2019
(COVID-19) pandemic.
(c) Deference.--The appropriate Federal banking agency of the
financial institution shall defer to the determination of the financial
institution to make a suspension under this section.
(d) Records.--For modified loans for which suspensions under
subsection (a) apply--
(1) financial institutions should continue to maintain records
of the volume of loans involved; and
(2) the appropriate Federal banking agencies may collect data
about such loans for supervisory purposes.
SEC. 4014. OPTIONAL TEMPORARY RELIEF FROM CURRENT EXPECTED CREDIT
LOSSES.
(a) Definitions.--In this section:
(1) Appropriate federal banking agency.--The term ``appropriate
Federal banking agency''--
(A) has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes the National Credit Union Administration.
(2) Insured depository institution.--The term ``insured
depository institution''--
(A) has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes a credit union.
(b) Temporary Relief From CECL Standards.--Notwithstanding any
other provision of law, no insured depository institution, bank holding
company, or any affiliate thereof shall be required to comply with the
Financial Accounting Standards Board Accounting Standards Update No.
2016-13 (``Measurement of Credit Losses on Financial Instruments''),
including the current expected credit losses methodology for estimating
allowances for credit losses, during the period beginning on the date
of enactment of this Act and ending on the earlier of--
(1) the date on which the national emergency concerning the
novel coronavirus disease (COVID-19) outbreak declared by the
President on March 13, 2020 under the National Emergencies Act (50
U.S.C. 1601 et seq.) terminates; or
(2) December 31, 2020.
SEC. 4015. NON-APPLICABILITY OF RESTRICTIONS ON ESF DURING NATIONAL
EMERGENCY.
(a) In General.--Section 131 of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5236) shall not apply during the
period beginning on the date of enactment of this Act and ending on
December 31, 2020. Any guarantee established as a result of the
application of subsection (a) shall--
(1) be limited to a guarantee of the total value of a
shareholder's account in a participating fund as of the close of
business on the day before the announcement of the guarantee; and
(2) terminate not later than December 31, 2020.
(b) Direct Appropriation.--Upon the expiration of the period
described in subsection (a), there is appropriated, out of amounts in
the Treasury not otherwise appropriated, such sums as may be necessary
to reimburse the fund established under section 5302(a)(1) of title 31,
United States Code, for any funds that are used for the Treasury Money
Market Funds Guaranty Program for the United States money market mutual
fund industry to the extent a claim payment made exceeds the balance of
fees collected by the fund.
SEC. 4016. TEMPORARY CREDIT UNION PROVISIONS.
(a) In General.--
(1) Definitions.--Section 302(1) of the Federal Credit Union
Act (12 U.S.C. 1795a(1)) is amended, in the matter preceding
subparagraph (A), by striking ``primarily serving natural
persons''.
(2) Membership.--Section 304(b)(2) of the Federal Credit Union
Act (12 U.S.C. 1795c(b)(2)) is amended by striking ``all those
credit unions'' and inserting ``such credit unions as the Board may
in its discretion determine''.
(3) Extensions of credit.--Section 306(a)(1) of the Federal
Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in the second
sentence, by striking ``the intent of which is to expand credit
union portfolios'' and inserting ``without first having obtained
evidence from the applicant that the applicant has made reasonable
efforts to first use primary sources of liquidity of the applicant,
including balance sheet and market funding sources, to address the
liquidity needs of the applicant''.
(4) Powers of the board.--Section 307(a)(4)(A) of the Federal
Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended by inserting
``, provided that, the total face value of such obligations shall
not exceed 16 times the subscribed capital stock and surplus of the
Facility for the period beginning on the date of enactment of the
Coronavirus Economic Stabilization Act of 2020 and ending on
December 31, 2020'' after ``Facility''.
(b) Sunset.--
(1) In general.--
(A) Definitions.--Section 302(1) of the Federal Credit
Union Act (12 U.S.C. 1795a(1)) is amended, in the matter
preceding subparagraph (A), by inserting ``primarily serving
natural persons'' after ``credit unions''.
(B) Membership.--Section 304(b)(2) of the Federal Credit
Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking ``such
credit unions as the Board may in its discretion determine''
and inserting ``all those credit unions''.
(C) Extensions of credit.--Section 306(a)(1) of the Federal
Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in the
second sentence, by striking ``without first having obtained
evidence from the applicant that the applicant has made
reasonable efforts to first use primary sources of liquidity of
the applicant, including balance sheet and market funding
sources, to address the liquidity needs of the applicant'' and
inserting ``the intent of which is to expand credit union
portfolios''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on December 31, 2020.
SEC. 4017. INCREASING ACCESS TO MATERIALS NECESSARY FOR NATIONAL
SECURITY AND PANDEMIC RECOVERY.
Notwithstanding any other provision of law--
(1) during the 2-year period beginning on the date of enactment
of this Act, the requirements described in sections 303(a)(6)(C)
and 304(e) of the Defense Production Act of 1950 (50 U.S.C.
4533(a)(6)(C), 4534(e)) shall not apply; and
(2) during the 1-year period beginning on the date of enactment
of this Act, the requirements described in sections 302(d)(1) and
303 (a)(6)(B) of the Defense Production Act of 1950 (50 U.S.C.
4532(d)(1), 4533(a)(6)(B)) shall not apply.
SEC. 4018. SPECIAL INSPECTOR GENERAL FOR PANDEMIC RECOVERY.
(a) Office of Inspector General.--There is hereby established
within the Department of the Treasury the Office of the Special
Inspector General for Pandemic Recovery.
(b) Appointment of Inspector General; Removal.--
(1) In general.--The head of the Office of the Special
Inspector General for Pandemic Recovery shall be the Special
Inspector General for Pandemic Recovery (referred to in this
section as the ``Special Inspector General''), who shall be
appointed by the President, by and with the advice and consent of
the Senate.
(2) Nomination.--The nomination of the Special Inspector
General shall be made on the basis of integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations. The
nomination of an individual as Special Inspector General shall be
made as soon as practicable after any loan, loan guarantee, or
other investment is made under section 4003.
(3) Removal.--The Special Inspector General shall be removable
from office in accordance with the provisions of section 3(b) of
the Inspector General Act of 1978 (5 U.S.C. App.).
(4) Political activity.--For purposes of section 7324 of title
5, United States Code, the Special Inspector General shall not be
considered an employee who determines policies to be pursued by the
United States in the nationwide administration of Federal law.
(5) Basic pay.--The annual rate of basic pay of the Special
Inspector General shall be the annual rate of basic pay for an
Inspector General under section 3(e) of the Inspector General Act
of 1978 (5 U.S.C. App.).
(c) Duties.--
(1) In general.--It shall be the duty of the Special Inspector
General to, in accordance with section 4(b)(1) of the Inspector
General Act of 1978 (5 U.S.C. App.), conduct, supervise, and
coordinate audits and investigations of the making, purchase,
management, and sale of loans, loan guarantees, and other
investments made by the Secretary of the Treasury under any program
established by the Secretary under this Act, and the management by
the Secretary of any program established under this Act, including
by collecting and summarizing the following information:
(A) A description of the categories of the loans, loan
guarantees, and other investments made by the Secretary.
(B) A listing of the eligible businesses receiving loan,
loan guarantees, and other investments made under each category
described in subparagraph (A).
(C) An explanation of the reasons the Secretary determined
it to be appropriate to make each loan or loan guarantee under
this Act, including a justification of the price paid for, and
other financial terms associated with, the applicable
transaction.
(D) A listing of, and detailed biographical information
with respect to, each person hired to manage or service each
loan, loan guarantee, or other investment made under section
4003.
(E) A current, as of the date on which the information is
collected, estimate of the total amount of each loan, loan
guarantee, and other investment made under this Act that is
outstanding, the amount of interest and fees accrued and
received with respect to each loan or loan guarantee, the total
amount of matured loans, the type and amount of collateral, if
any, and any losses or gains, if any, recorded or accrued for
each loan, loan guarantee, or other investment.
(2) Maintenance of systems.--The Special Inspector General
shall establish, maintain, and oversee such systems, procedures,
and controls as the Special Inspector General considers appropriate
to discharge the duties of the Special Inspector General under
paragraph (1).
(3) Additional duties and responsibilities.--In addition to the
duties described in paragraphs (1) and (2), the Special Inspector
General shall also have the duties and responsibilities of
inspectors general under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Powers and Authorities.--
(1) In general.--In carrying out the duties of the Special
Inspector General under subsection (c), the Special Inspector
General shall have the authorities provided in section 6 of the
Inspector General Act of 1978 (5 U.S.C. App.).
(2) Treatment of office.--The Office of the Special Inspector
General for Pandemic Recovery shall be considered to be an office
described in section 6(f)(3) of the Inspector General Act of 1978
(5 U.S.C. App.) and shall be exempt from an initial determination
by the Attorney General under section 6(f)(2) of that Act.
(e) Personnel, Facilities, and Other Resources.--
(1) Appointment of officers and employees.--The Special
Inspector General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the duties of the
Special Inspector General, subject to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and the provisions of chapter 51 and subchapter III of
chapter 53 of that title, relating to classification and General
Schedule pay rates.
(2) Experts and consultants.--The Special Inspector General may
obtain services as authorized under section 3109 of title 5, United
States Code, at daily rates not to exceed the equivalent rate
prescribed for grade GS-15 of the General Schedule by section 5332
of that title.
(3) Contracts.--The Special Inspector General may enter into
contracts and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons, and
make such payments as may be necessary to carry out the duties of
the Inspector General.
(4) Requests for information.--
(A) In general.--Upon request of the Special Inspector
General for information or assistance from any department,
agency, or other entity of the Federal Government, the head of
that department, agency, or entity shall, to the extent
practicable and not in contravention of any existing law,
furnish that information or assistance to the Special Inspector
General, or an authorized designee.
(B) Refusal to provide requested information.--Whenever
information or assistance requested by the Special Inspector
General is, in the judgment of the Special Inspector General,
unreasonably refused or not provided, the Special Inspector
General shall report the circumstances to the appropriate
committees of Congress without delay.
(f) Reports.--
(1) Quarterly reports.--
(A) In general.--Not later than 60 days after the date on
which the Special Inspector General is confirmed, and once
every calendar quarter thereafter, the Special Inspector
General shall submit to the appropriate committees of Congress
a report summarizing the activities of the Special Inspector
General during the 3-month period ending on the date on which
the Special Inspector General submits the report.
(B) Contents.--Each report submitted under subparagraph (A)
shall include, for the period covered by the report, a detailed
statement of all loans, loan guarantees, other transactions,
obligations, expenditures, and revenues associated with any
program established by the Secretary under section 4003, as
well as the information collected under subsection (c)(1).
(2) Rule of construction.--Nothing in this subsection may be
construed to authorize the public disclosure of information that
is--
(A) specifically prohibited from disclosure by any other
provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national defense
or national security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
(g) Funding.--
(1) In general.--Of the amounts made available to the Secretary
under section 4027, $25,000,000 shall be made available to the
Special Inspector General to carry out this section.
(2) Availability.--The amounts made available to the Special
Inspector General under paragraph (1) shall remain available until
expended.
(h) Termination.--The Office of the Special Inspector General shall
terminate on the date 5 years after the enactment of this Act.
(i) Council of the Inspectors General on Integrity and
Efficiency.--The Special Inspector General shall be a member of the
Council of the Inspectors General on Integrity and Efficiency
established under section 11 of the Inspector General Act of 1978 (5
U.S.C. App.) until the date of termination of the Office of the Special
Inspector General.
(j) Corrective Responses to Audit Problems.--The Secretary shall--
(1) take action to address deficiencies identified by a report
or investigation of the Special Inspector General; or
(2) with respect to a deficiency identified under paragraph
(1), certify to the Committee on Banking, Housing, and Urban
Affairs of the Senate, the Committee on Finance of the Senate, the
Committee on Financial Services of the House of Representatives,
and the Committee on Ways and Means of the House of Representatives
that no action is necessary or appropriate.
SEC. 4019. CONFLICTS OF INTEREST.
(a) Definitions.--In this section:
(1) Controlling interest.--The term ``controlling interest''
means owning, controlling, or holding not less than 20 percent, by
vote or value, of the outstanding amount of any class of equity
interest in an entity.
(2) Covered entity.--The term ``covered entity'' means an
entity in which a covered individual directly or indirectly holds a
controlling interest. For the purpose of determining whether an
entity is a covered entity, the securities owned, controlled, or
held by 2 or more individuals who are related as described in
paragraph (3)(B) shall be aggregated.
(3) Covered individual.--The term ``covered individual''
means--
(A) the President, the Vice President, the head of an
Executive department, or a Member of Congress; and
(B) the spouse, child, son-in-law, or daughter-in-law, as
determined under applicable common law, of an individual
described in subparagraph (A).
(4) Executive department.--The term ``Executive department''
has the meaning given the term in section 101 of title 5, United
States Code.
(5) Member of congress.--The term ``member of Congress'' means
a member of the Senate or House of Representatives, a Delegate to
the House of Representatives, and the Resident Commissioner from
Puerto Rico.
(6) Equity interest.--The term ``equity interest'' means--
(A) a share in an entity, without regard to whether the
share is--
(i) transferable; or
(ii) classified as stock or anything similar;
(B) a capital or profit interest in a limited liability
company or partnership; or
(C) a warrant or right, other than a right to convert, to
purchase, sell, or subscribe to a share or interest described
in subparagraph (A) or (B), respectively.
(b) Prohibition.--Notwithstanding any other provision of this
subtitle, no covered entity may be eligible for any transaction
described in section 4003.
(c) Requirement.--The principal executive officer and the principal
financial officer, or individuals performing similar functions, of an
entity seeking to enter a transaction under section 4003 shall, before
that transaction is approved, certify to the Secretary and the Board of
Governors of the Federal Reserve System that the entity is eligible to
engage in that transaction, including that the entity is not a covered
entity.
SEC. 4020. CONGRESSIONAL OVERSIGHT COMMISSION.
(a) Establishment.--There is hereby established the Congressional
Oversight Commission (hereafter in this section referred to as the
``Oversight Commission'') as an establishment in the legislative
branch.
(b) Duties.--
(1) In general.--The Oversight Commission shall--
(A) conduct oversight of the implementation of this
subtitle by the Department of the Treasury and the Board of
Governors of the Federal Reserve System, including efforts of
the Department and the Board to provide economic stability as a
result of the coronavirus disease 2019 (COVID-19) pandemic of
2020;
(B) submit to Congress reports under paragraph (2); and
(C) review the implementation of this subtitle by the
Federal Government.
(2) Regular reports.--
(A) In general.--Reports of the Oversight Commission shall
include the following:
(i) The use by the Secretary and the Board of Governors
of the Federal Reserve System of authority under this
subtitle, including with respect to the use of contracting
authority and administration of the provisions of this
subtitle.
(ii) The impact of loans, loan guarantees, and
investments made under this subtitle on the financial well-
being of the people of the United States and the United
States economy, financial markets, and financial
institutions.
(iii) The extent to which the information made
available on transactions under this subtitle has
contributed to market transparency.
(iv) The effectiveness of loans, loan guarantees, and
investments made under this subtitle of minimizing long-
term costs to the taxpayers and maximizing the benefits for
taxpayers.
(B) Timing.--The reports required under this paragraph
shall be submitted not later than 30 days after the first
exercise by the Secretary and the Board of Governors of the
Federal Reserve System of the authority under this subtitle and
every 30 days thereafter.
(c) Membership.--
(1) In general.--The Oversight Commission shall consist of 5
members as follows:
(A) 1 member appointed by the Speaker of the House of
Representatives.
(B) 1 member appointed by the minority leader of the House
of Representatives.
(C) 1 member appointed by the majority leader of the
Senate.
(D) 1 member appointed by the minority leader of the
Senate.
(E) 1 member appointed as Chairperson by the Speaker of the
House of Representatives and the majority leader of the Senate,
after consultation with the minority leader of the Senate and
the minority leader of the House of Representatives
(2) Pay.--Each member of the Oversight Commission shall be paid
at a rate equal to the daily equivalent of the annual rate of basic
pay for level I of the Executive Schedule for each day (including
travel time) during which such member is engaged in the actual
performance of duties vested in the Oversight Commission.
(3) Prohibition of compensation of federal employees.--Members
of the Oversight Commission who are full-time officers or employees
of the United States may not receive additional pay, allowances, or
benefits by reason of their service on the Oversight Commission.
(4) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in accordance
with applicable provisions under subchapter I of chapter 57 of
title 5, United States Code.
(5) Quorum.--Four members of the Oversight Commission shall
constitute a quorum but a lesser number may hold hearings.
(6) Vacancies.--A vacancy on the Oversight Commission shall be
filled in the manner in which the original appointment was made.
(7) Meetings.--The Oversight Commission shall meet at the call
of the Chairperson or a majority of its members.
(d) Staff.--
(1) In general.--The Oversight Commission may appoint and fix
the pay of any personnel as the Oversight Commission considers
appropriate.
(2) Experts and consultants.--The Oversight Commission may
procure temporary and intermittent services under section 3109(b)
of title 5, United States Code.
(3) Staff of agencies.--Upon request of the Oversight
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Oversight Commission to assist it in
carrying out its duties under the this subtitle.
(e) Powers.--
(1) Hearings and evidence.--The Oversight Commission, or any
subcommittee or member thereof, may, for the purpose of carrying
out this section hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Oversight Commission
considers appropriate and may administer oaths or affirmations to
witnesses appearing before it.
(2) Contracting.--The Oversight Commission may, to such extent
and in such amounts as are provided in appropriation Acts, enter
into contracts to enable the Oversight Commission to discharge its
duties under this section.
(3) Powers of members and agents.--Any member or agent of the
Oversight Commission may, if authorized by the Oversight
Commission, take any action which the Oversight Commission is
authorized to take by this section.
(4) Obtaining official data.--The Oversight Commission may
secure directly from any department or agency of the United States
information necessary to enable it to carry out this section. Upon
request of the Chairperson of the Oversight Commission, the head of
that department or agency shall furnish that information to the
Oversight Commission.
(5) Reports.--The Oversight Commission shall receive and
consider all reports required to be submitted to the Oversight
Commission under this subtitle.
(f) Termination.--The Oversight Commission shall terminate on
September 30, 2025.
(g) Funding for Expenses.--
(1) Authorization of appropriations.--There is authorized to be
appropriated to the Oversight Commission such sums as may be
necessary for any fiscal year, half of which shall be derived from
the applicable account of the House of Representatives, and half of
which shall be derived from the contingent fund of the Senate.
(2) Reimbursement of amounts.--An amount equal to the expenses
of the Oversight Commission shall be promptly transferred by the
Secretary and the Board of Governors of the Federal Reserve System,
from time to time upon the presentment of a statement of such
expenses by the Chairperson of the Oversight Commission, from funds
made available to the Secretary under this subtitle to the
applicable fund of the House of Representatives and the contingent
fund of the Senate, as appropriate, as reimbursement for amounts
expended from such account and fund under paragraph (1).
SEC. 4021. CREDIT PROTECTION DURING COVID-19.
Section 623(a)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681s-2(a)(1)) is amended by adding at the end the following:
``(F) Reporting information during covid-19 pandemic.--
``(i) Definitions.--In this subsection:
``(I) Accommodation.--The term `accommodation'
includes an agreement to defer 1 or more payments, make
a partial payment, forbear any delinquent amounts,
modify a loan or contract, or any other assistance or
relief granted to a consumer who is affected by the
coronavirus disease 2019 (COVID-19) pandemic during the
covered period.
``(II) Covered period.--The term `covered period'
means the period beginning on January 31, 2020 and
ending on the later of--
``(aa) 120 days after the date of enactment of
this subparagraph; or
``(bb) 120 days after the date on which the
national emergency concerning the novel coronavirus
disease (COVID-19) outbreak declared by the
President on March 13, 2020 under the National
Emergencies Act (50 U.S.C. 1601 et seq.)
terminates.
``(ii) Reporting.--Except as provided in clause (iii),
if a furnisher makes an accommodation with respect to 1 or
more payments on a credit obligation or account of a
consumer, and the consumer makes the payments or is not
required to make 1 or more payments pursuant to the
accommodation, the furnisher shall--
``(I) report the credit obligation or account as
current; or
``(II) if the credit obligation or account was
delinquent before the accommodation--
``(aa) maintain the delinquent status during
the period in which the accommodation is in effect;
and
``(bb) if the consumer brings the credit
obligation or account current during the period
described in item (aa), report the credit
obligation or account as current.
``(iii) Exception.--Clause (ii) shall not apply with
respect to a credit obligation or account of a consumer
that has been charged-off.''.
SEC. 4022. FORECLOSURE MORATORIUM AND CONSUMER RIGHT TO REQUEST
FORBEARANCE.
(a) Definitions.--In this section:
(1) Covid-19 emergency.--The term ``COVID-19 emergency'' means
the national emergency concerning the novel coronavirus disease
(COVID-19) outbreak declared by the President on March 13, 2020
under the National Emergencies Act (50 U.S.C. 1601 et seq.).
(2) Federally backed mortgage loan.--The term ``Federally
backed mortgage loan'' includes any loan which is secured by a
first or subordinate lien on residential real property (including
individual units of condominiums and cooperatives) designed
principally for the occupancy of from 1- to 4- families that is--
(A) insured by the Federal Housing Administration under
title II of the National Housing Act (12 U.S.C. 1707 et seq.);
(B) insured under section 255 of the National Housing Act
(12 U.S.C. 1715z-20);
(C) guaranteed under section 184 or 184A of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a, 1715z-
13b);
(D) guaranteed or insured by the Department of Veterans
Affairs;
(E) guaranteed or insured by the Department of Agriculture;
(F) made by the Department of Agriculture; or
(G) purchased or securitized by the Federal Home Loan
Mortgage Corporation or the Federal National Mortgage
Association.
(b) Forbearance.--
(1) In general.--During the covered period, a borrower with a
Federally backed mortgage loan experiencing a financial hardship
due, directly or indirectly, to the COVID-19 emergency may request
forbearance on the Federally backed mortgage loan, regardless of
delinquency status, by--
(A) submitting a request to the borrower's servicer; and
(B) affirming that the borrower is experiencing a financial
hardship during the COVID-19 emergency.
(2) Duration of forbearance.--Upon a request by a borrower for
forbearance under paragraph (1), such forbearance shall be granted
for up to 180 days, and shall be extended for an additional period
of up to 180 days at the request of the borrower, provided that, at
the borrower's request, either the initial or extended period of
forbearance may be shortened.
(3) Accrual of interest or fees.--During a period of
forbearance described in this subsection, no fees, penalties, or
interest beyond the amounts scheduled or calculated as if the
borrower made all contractual payments on time and in full under
the terms of the mortgage contract, shall accrue on the borrower's
account.
(c) Requirements for Servicers.--
(1) In general.--Upon receiving a request for forbearance from
a borrower under subsection (b), the servicer shall with no
additional documentation required other than the borrower's
attestation to a financial hardship caused by the COVID-19
emergency and with no fees, penalties, or interest (beyond the
amounts scheduled or calculated as if the borrower made all
contractual payments on time and in full under the terms of the
mortgage contract) charged to the borrower in connection with the
forbearance, provide the forbearance for up to 180 days, which may
be extended for an additional period of up to 180 days at the
request of the borrower, provided that, the borrower's request for
an extension is made during the covered period, and, at the
borrower's request, either the initial or extended period of
forbearance may be shortened.
(2) Foreclosure moratorium.--Except with respect to a vacant or
abandoned property, a servicer of a Federally backed mortgage loan
may not initiate any judicial or non-judicial foreclosure process,
move for a foreclosure judgment or order of sale, or execute a
foreclosure-related eviction or foreclosure sale for not less than
the 60-day period beginning on March 18, 2020.
SEC. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE LOAN PAYMENTS FOR
MULTIFAMILY PROPERTIES WITH FEDERALLY BACKED LOANS.
(a) In General.--During the covered period, a multifamily borrower
with a Federally backed multifamily mortgage loan experiencing a
financial hardship due, directly or indirectly, to the COVID-19
emergency may request a forbearance under the terms set forth in this
section.
(b) Request for Relief.--A multifamily borrower with a Federally
backed multifamily mortgage loan that was current on its payments as of
February 1, 2020, may submit an oral or written request for forbearance
under subsection (a) to the borrower's servicer affirming that the
multifamily borrower is experiencing a financial hardship during the
COVID-19 emergency.
(c) Forbearance Period.--
(1) In general.--Upon receipt of an oral or written request for
forbearance from a multifamily borrower, a servicer shall--
(A) document the financial hardship;
(B) provide the forbearance for up to 30 days; and
(C) extend the forbearance for up to 2 additional 30 day
periods upon the request of the borrower provided that, the
borrower's request for an extension is made during the covered
period, and, at least 15 days prior to the end of the
forbearance period described under subparagraph (B).
(2) Right to discontinue.--A multifamily borrower shall have
the option to discontinue the forbearance at any time.
(d) Renter Protections During Forbearance Period.--A multifamily
borrower that receives a forbearance under this section may not, for
the duration of the forbearance--
(1) evict or initiate the eviction of a tenant from a dwelling
unit located in or on the applicable property solely for nonpayment
of rent or other fees or charges; or
(2) charge any late fees, penalties, or other charges to a
tenant described in paragraph (1) for late payment of rent.
(e) Notice.--A multifamily borrower that receives a forbearance
under this section--
(1) may not require a tenant to vacate a dwelling unit located
in or on the applicable property before the date that is 30 days
after the date on which the borrower provides the tenant with a
notice to vacate; and
(2) may not issue a notice to vacate under paragraph (1) until
after the expiration of the forbearance.
(f) Definitions.--In this section:
(1) Applicable property.--The term ``applicable property'',
with respect to a Federally backed multifamily mortgage loan, means
the residential multifamily property against which the mortgage
loan is secured by a lien.
(2) Federally backed multifamily mortgage loan.--The term
``Federally backed multifamily mortgage loan'' includes any loan
(other than temporary financing such as a construction loan) that--
(A) is secured by a first or subordinate lien on
residential multifamily real property designed principally for
the occupancy of 5 or more families, including any such secured
loan, the proceeds of which are used to prepay or pay off an
existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or agency
of the Federal Government or under or in connection with a
housing or urban development program administered by the
Secretary of Housing and Urban Development or a housing or
related program administered by any other such officer or
agency, or is purchased or securitized by the Federal Home Loan
Mortgage Corporation or the Federal National Mortgage
Association.
(3) Multifamily borrower.--the term ``multifamily borrower''
means a borrower of a residential mortgage loan that is secured by
a lien against a property comprising 5 or more dwelling units.
(4) Covid-19 emergency.--The term ``COVID-19 emergency'' means
the national emergency concerning the novel coronavirus disease
(COVID-19) outbreak declared by the President on March 13, 2020
under the National Emergencies Act (50 U.S.C. 1601 et seq.).
(5) Covered period.--The term ``covered period'' means the
period beginning on the date of enactment of this Act and ending on
the sooner of--
(A) the termination date of the national emergency
concerning the novel coronavirus disease (COVID-19) outbreak
declared by the President on March 13, 2020 under the National
Emergencies Act (50 U.S.C. 1601 et seq.); or
(B) December 31, 2020.
SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) Definitions.--In this section:
(1) Covered dwelling.--The term ``covered dwelling'' means a
dwelling that--
(A) is occupied by a tenant--
(i) pursuant to a residential lease; or
(ii) without a lease or with a lease terminable under
State law; and
(B) is on or in a covered property.
(2) Covered property.--The term ``covered property'' means any
property that--
(A) participates in--
(i) a covered housing program (as defined in section
41411(a) of the Violence Against Women Act of 1994 (34
U.S.C. 12491(a))); or
(ii) the rural housing voucher program under section
542 of the Housing Act of 1949 (42 U.S.C. 1490r); or
(B) has a--
(i) Federally backed mortgage loan; or
(ii) Federally backed multifamily mortgage loan.
(3) Dwelling.--The term ``dwelling''--
(A) has the meaning given the term in section 802 of the
Fair Housing Act (42 U.S.C. 3602); and
(B) includes houses and dwellings described in section
803(b) of such Act (42 U.S.C. 3603(b)).
(4) Federally backed mortgage loan.--The term ``Federally
backed mortgage loan'' includes any loan (other than temporary
financing such as a construction loan) that--
(A) is secured by a first or subordinate lien on
residential real property (including individual units of
condominiums and cooperatives) designed principally for the
occupancy of from 1 to 4 families, including any such secured
loan, the proceeds of which are used to prepay or pay off an
existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or agency
of the Federal Government or under or in connection with a
housing or urban development program administered by the
Secretary of Housing and Urban Development or a housing or
related program administered by any other such officer or
agency, or is purchased or securitized by the Federal Home Loan
Mortgage Corporation or the Federal National Mortgage
Association.
(5) Federally backed multifamily mortgage loan.--The term
``Federally backed multifamily mortgage loan'' includes any loan
(other than temporary financing such as a construction loan) that--
(A) is secured by a first or subordinate lien on
residential multifamily real property designed principally for
the occupancy of 5 or more families, including any such secured
loan, the proceeds of which are used to prepay or pay off an
existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or agency
of the Federal Government or under or in connection with a
housing or urban development program administered by the
Secretary of Housing and Urban Development or a housing or
related program administered by any other such officer or
agency, or is purchased or securitized by the Federal Home Loan
Mortgage Corporation or the Federal National Mortgage
Association.
(b) Moratorium.--During the 120-day period beginning on the date of
enactment of this Act, the lessor of a covered dwelling may not--
(1) make, or cause to be made, any filing with the court of
jurisdiction to initiate a legal action to recover possession of
the covered dwelling from the tenant for nonpayment of rent or
other fees or charges; or
(2) charge fees, penalties, or other charges to the tenant
related to such nonpayment of rent.
(c) Notice.--The lessor of a covered dwelling unit--
(1) may not require the tenant to vacate the covered dwelling
unit before the date that is 30 days after the date on which the
lessor provides the tenant with a notice to vacate; and
(2) may not issue a notice to vacate under paragraph (1) until
after the expiration of the period described in subsection (b).
SEC. 4025. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT.
(a) In General.--Neither the Secretary, nor any other actor,
department, or agency of the Federal Government, shall condition the
issuance of a loan or loan guarantee under paragraph (1), (2), or (3)
of section 4003(b) of this subtitle on an air carrier's or eligible
business's implementation of measures to enter into negotiations with
the certified bargaining representative of a craft or class of
employees of the air carrier or eligible business under the Railway
Labor Act (45 U.S.C. 151 et seq.) or the National Labor Relations Act
(29 U.S.C. 151 et seq.), regarding pay or other terms and conditions of
employment.
(b) Period of Effect.--With respect to an air carrier or eligible
business to which the loan or loan guarantee is provided under this
subtitle, this section shall be in effect with respect to the air
carrier or eligible business beginning on the date on which the air
carrier or eligible business is first issued such loan or loan
guarantee and ending on the date that is 1 year after the loan or loan
guarantee is no longer outstanding.
SEC. 4026. REPORTS.
(a) Disclosure of Transactions.--Not later than 72 hours after any
transaction by the Secretary under paragraph (1), (2), or (3) of
section 4003(b), the Secretary shall publish on the website of the
Department of the Treasury--
(1) a plain-language description of the transaction, including
the date of application, date of application approval, and identity
of the counterparty;
(2) the amount of the loan or loan guarantee;
(3) the interest rate, conditions, and any other material or
financial terms associated with the transaction, if applicable; and
(4) a copy of the relevant and final term sheet, if applicable,
and contract or other relevant documentation regarding the
transaction.
(b) Reports.--
(1) To congress.--
(A) In general.--In addition to such reports as are
required under section 5302(c) of title 31, United States Code,
not later than 7 days after the Secretary makes any loan or
loan guarantee under paragraph (1), (2), or (3) of section
4003(b), the Secretary shall submit to the Chairmen and Ranking
Members of the Committee on Banking, Housing, and Urban Affairs
and the Committee on Finance of the Senate and the Chairmen and
Ranking Members of the Committee on Financial Services and the
Committee on Ways and Means of the House of Representatives a
report summarizing--
(i) an overview of actions taken by the Secretary under
paragraph (1), (2) or (3) of section 4003(b) during such
period;
(ii) the actual obligation, expenditure, and
disbursements of the funds during such period; and
(iii) a detailed financial statement with respect to
the exercise of authority under paragraph (1), (2) or (3)
of section 4003(b) showing--
(I) all loans and loan guarantees made, renewed, or
restructured;
(II) all transactions during such period, including
the types of parties involved;
(III) the nature of the assets purchased;
(IV) a description of the vehicles established to
exercise such authority; and
(V) any or all repayment activity, delinquencies or
defaults on loans and loan guarantees issued under
paragraph (1), (2) or (3) of section 4003(b).
(B) Publication.--Not later than 7 days after the date on
which the Secretary submits a report under subparagraph (A) to
the committees of Congress described in such subparagraph, the
Secretary shall publish such report on the website of the
Department of the Treasury.
(C) 30-day reports.--Every 30 days during such time as a
loan or loan guarantee under paragraph (1), (2), or (3) of
section 4003(b) is outstanding, the Secretary shall publish on
the website of the Department of the Treasury a report
summarizing the information set forth in subparagraph (A).
(2) Board of governors.--
(A) In general.--With respect to any program or facility
described in paragraph (4) of section 4003(b), the Board of
Governors of the Federal Reserve System shall provide to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives such reports as are required to be provided
under section 13(3) of the Federal Reserve Act (12 U.S.C.
343(3))--
(i) not later than 7 days after the Board authorizes a
new facility or other financial assistance in accordance
with section 13(3)(C)(i) of the Federal Reserve Act (12
U.S.C. 343(3)(C)(i)); and
(ii) once every 30 days with respect to outstanding
loans or financial assistance in accordance with section
13(3)(C)(ii) of the Federal Reserve Act (12 U.S.C.
343(3)(C)(ii)).
(B) Publication.--Not later than 7 days after the Board of
Governors of the Federal Reserve System submits a report under
subparagraph (A) to the committees of Congress described in
subparagraph (A), the Board shall publish on its website such
report.
(c) Testimony.--The Secretary and the Chairman of the Board of
Governors of the Federal Reserve System shall testify, on a quarterly
basis, before the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives regarding the obligations of the Department of the
Treasury and the Federal Reserve System, and transactions entered into,
under this Act.
(d) Program Descriptions.--The Secretary shall post on the website
of the Department of the Treasury all criteria, guidelines, eligibility
requirements, and application materials for the making of any loan or
loan guarantee under paragraph (1), (2), or (3) of section 4003(b).
(e) Administrative Contracts.--Not later than 24 hours after the
Secretary enters into a contract in connection with the administration
of any loan or loan guarantee authorized to be made under paragraph
(1), (2), or (3) of section 4003(b), the Secretary shall post on the
website of the Department of the Treasury a copy of the contract.
(f) Government Accountability Office.--
(1) Study.--The Comptroller General of the United States shall
conduct a study on the loans, loan guarantees, and other
investments provided under section 4003.
(2) Report.--Not later than 9 months after the date of
enactment of this Act, and annually thereafter through the year
succeeding the last year for which loans, loan guarantees, or other
investments made under section 4003 are outstanding, the
Comptroller General shall submit to the Committee on Financial
Services, the Committee on Transportation and Infrastructure, the
Committee on Appropriations, and the Committee on the Budget of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs, the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations, and the Committee
on the Budget of the Senate a report on the loans, loan guarantees,
and other investments made under section 4003.
SEC. 4027. DIRECT APPROPRIATION.
(a) In General.--Notwithstanding any other provision of law, there
is appropriated, out of amounts in the Treasury not otherwise
appropriated, to the fund established under section 5302(a)(1) of title
31, United States Code, $500,000,000,000 to carry out this subtitle.
(b) Technical and Conforming Amendment.--Section 5302(a) of title
31, United States Code, is amended--
(1) by striking ``and'' before ``section 3''; and
(2) by inserting ``and the Coronavirus Economic Stabilization
Act of 2020,'' before ``and for investing''.
(c) Clarification.--
(1) In general.--On or after January 1, 2021, any remaining
funds made available under section 4003(b) may be used only for--
(A) modifications, restructurings, or other amendments of
loans, loan guarantees, or other investments in accordance with
section 4029(b)(1); and
(B) exercising any options, warrants, or other investments
made prior to January 1, 2021; and
(C) paying costs and administrative expenses as provided in
section 4003(f).
(2) Deficit reduction.--On January 1, 2026, any funds described
in paragraph (1) that are remaining shall be transferred to the
general fund of the Treasury to be used for deficit reduction.
SEC. 4028. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to allow the Secretary
to provide relief to eligible businesses, States, and municipalities
except in the form of loans, loan guarantees, and other investments as
provided in this subtitle and under terms and conditions that are in
the interest of the Federal Government.
SEC. 4029. TERMINATION OF AUTHORITY.
(a) In General.--Except as provided in subsection (b), on December
31, 2020, the authority provided under this subtitle to make new loans,
loan guarantees, or other investments shall terminate.
(b) Outstanding.--
(1) In general.--Except as provided in paragraph (2), any loan,
loan guarantee, or other investment outstanding on the date
described in subsection (a)--
(A) may be modified, restructured, or otherwise amended;
and
(B) may not be forgiven.
(2) Duration.--The duration of any loan or loan guarantee made
under section 4003(b)(1) that is modified, restructured, or
otherwise amended under paragraph (1) shall not be extended beyond
5 years from the initial origination date of the loan or loan
guarantee.
Subtitle B--Air Carrier Worker Support
SEC. 4111. DEFINITIONS.
Unless otherwise specified, the terms in section 40102(a) of title
49, United States Code, shall apply to this subtitle, except that--
(1) the term ``airline catering employee'' means an employee
who performs airline catering services;
(2) the term ``airline catering services'' means preparation,
assembly, or both, of food, beverages, provisions and related
supplies for delivery, and the delivery of such items, directly to
aircraft or to a location on or near airport property for
subsequent delivery to aircraft;
(3) the term ``contractor'' means--
(A) a person that performs, under contract with a passenger
air carrier conducting operations under part 121 of title 14,
Code of Federal Regulations--
(i) catering functions; or
(ii) functions on the property of an airport that are
directly related to the air transportation of persons,
property, or mail, including but not limited to the loading
and unloading of property on aircraft; assistance to
passengers under part 382 of title 14, Code of Federal
Regulations; security; airport ticketing and check-in
functions; ground-handling of aircraft; or aircraft
cleaning and sanitization functions and waste removal; or
(B) a subcontractor that performs such functions;
(4) the term ``employee'' means an individual, other than a
corporate officer, who is employed by an air carrier or a
contractor; and
(5) the term ``Secretary'' means the Secretary of the Treasury.
SEC. 4112. PANDEMIC RELIEF FOR AVIATION WORKERS.
(a) Financial Assistance for Employee Wages, Salaries, and
Benefits.--Notwithstanding any other provision of law, to preserve
aviation jobs and compensate air carrier industry workers, the
Secretary shall provide financial assistance that shall exclusively be
used for the continuation of payment of employee wages, salaries, and
benefits to--
(1) passenger air carriers, in an aggregate amount up to
$25,000,000,000;
(2) cargo air carriers, in the aggregate amount up to
$4,000,000,000; and
(3) contractors, in an aggregate amount up to $3,000,000,000.
(b) Administrative Expenses.--Notwithstanding any other provision
of law, the Secretary, may use $100,000,000 of the funds made available
under section 4120(a) for costs and administrative expenses associated
with providing financial assistance under this subtitle.
SEC. 4113. PROCEDURES FOR PROVIDING PAYROLL SUPPORT.
(a) Awardable Amounts.--The Secretary shall provide financial
assistance under this subtitle--
(1) to an air carrier in an amount equal to the salaries and
benefits reported by the air carrier to the Department of
Transportation pursuant to part 241 of title 14, Code of Federal
Regulations, for the period from April 1, 2019, through September
30, 2019; and
(2) to an air carrier that does not transmit reports under such
part 241, in an amount that such air carrier certifies, using sworn
financial statements or other appropriate data, as the amount of
wages, salaries, benefits, and other compensation that such air
carrier paid the employees of such air carrier during the period
from April 1, 2019, through September 30, 2019; and
(3) to a contractor, in an amount that the contractor
certifies, using sworn financial statements or other appropriate
data, as the amount of wages, salaries, benefits, and other
compensation that such contractor paid the employees of such
contractor during the period from April 1, 2019, through September
30, 2019.
(b) Deadlines and Procedures.--
(1) In general.--
(A) Forms; terms and conditions.--Financial assistance
provided to an air carrier or contractor under this subtitle
shall be in such form, on such terms and conditions (including
requirements for audits and the clawback of any financial
assistance provided upon failure by a passenger air carrier,
cargo air carrier, or contractor to honor the assurances
specified in section 4114), as the Secretary determines
appropriate.
(B) Procedures.--The Secretary shall publish streamlined
and expedited procedures not later than 5 days after the date
of enactment of this Act for air carriers and contractors to
submit requests for financial assistance under this subtitle.
(2) Deadline for immediate payroll assistance.--Not later than
10 days after the date of enactment of this Act, the Secretary
shall make initial payments to air carriers and contractors that
submit requests for financial assistance approved by to the
Secretary.
(3) Subsequent payments.--The Secretary shall determine an
appropriate method for timely distribution of payments to air
carriers and contractors with approved requests for financial
assistance from any funds remaining available after providing
initial financial assistance payments under paragraph (2).
(c) Pro Rata Authority.--The Secretary shall have the authority to
reduce, on a pro rata basis, the amounts due to air carriers and
contractors under the applicable paragraph of section 4112 in order to
address any shortfall in assistance that would otherwise be provided
under such section.
(d) Audits.--The Inspector General of the Department of the
Treasury shall audit certifications made under subsection (a).
SEC. 4114. REQUIRED ASSURANCES.
(a) In General.--To be eligible for financial assistance under this
subtitle, an air carrier or contractor shall enter into an agreement
with the Secretary, or otherwise certify in such form and manner as the
Secretary shall prescribe, that the air carrier or contractor shall--
(1) refrain from conducting involuntary furloughs or reducing
pay rates and benefits until September 30, 2020;
(2) through September 30, 2021, ensure that neither the air
carrier or contractor nor any affiliate of the air carrier or
contractor may, in any transaction, purchase an equity security of
the air carrier or contractor or the parent company of the air
carrier or contractor that is listed on a national securities
exchange;
(3) through September 30, 2021, ensure that the air carrier or
contractor shall not pay dividends, or make other capital
distributions, with respect to the common stock (or equivalent
interest) of the air carrier or contractor; and
(4) meet the requirements of sections 4115 and 4116.
(b) Department of Transportation Authority to Condition Assistance
on Continuation of Service.--
(1) In general.--The Secretary of Transportation is authorized
to require, to the extent reasonable and practicable, an air
carrier provided financial assistance under this subtitle to
maintain scheduled air transportation service, as the Secretary of
Transportation deems necessary, to ensure services to any point
served by that carrier before March 1, 2020.
(2) Required considerations.--When considering whether to
exercise the authority provided by this section, the Secretary of
Transportation shall take into consideration the air transportation
needs of small and remote communities and the need to maintain
well-functioning health care supply chains, including medical
devices and supplies, and pharmaceutical supply chains.
(3) Sunset.--The authority provided under this subsection shall
terminate on March 1, 2022, and any requirements issued by the
Secretary of Transportation under this subsection shall cease to
apply after that date.
SEC. 4115. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT.
(a) In General.--Neither the Secretary, nor any other actor,
department, or agency of the Federal Government, shall condition the
issuance of financial assistance under this subtitle on an air
carrier's or contractor's implementation of measures to enter into
negotiations with the certified bargaining representative of a craft or
class of employees of the air carrier or contractor under the Railway
Labor Act (45 U.S.C. 151 et seq.) or the National Labor Relations Act
(29 U.S.C. 151 et seq.), regarding pay or other terms and conditions of
employment.
(b) Period of Effect.--With respect to an air carrier or contractor
to which financial assistance is provided under this subtitle, this
section shall be in effect with respect to the air carrier or
contractor beginning on the date on which the air carrier or contractor
is first issued such financial assistance and ending on September 30,
2020.
SEC. 4116. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
(a) In General.--The Secretary may only provide financial
assistance under this subtitle to an air carrier or contractor after
such carrier or contractor enters into an agreement with the Secretary
which provides that, during the 2-year period beginning March 24, 2020,
and ending March 24, 2022, no officer or employee of the air carrier or
contractor whose total compensation exceeded $425,000 in calendar year
2019 (other than an employee whose compensation is determined through
an existing collective bargaining agreement entered into prior to
enactment of this Act)--
(1) will receive from the air carrier or contractor total
compensation which exceeds, during any 12 consecutive months of
such 2-year period, the total compensation received by the officer
or employee from the air carrier or contractor in calendar year
2019;
(2) will receive from the air carrier or contractor severance
pay or other benefits upon termination of employment with the air
carrier or contractor which exceeds twice the maximum total
compensation received by the officer or employee from the air
carrier or contractor in calendar year 2019; and
(3) no officer or employee of the eligible business whose total
compensation exceeded $3,000,000 in calendar year 2019 may receive
during any 12 consecutive months of such period total compensation
in excess of the sum of--
(A) $3,000,000; and
(B) 50 percent of the excess over $3,000,000 of the total
compensation received by the officer or employee from the
eligible business in calendar year 2019.
(b) Total Compensation Defined.--In this section, the term ``total
compensation'' includes salary, bonuses, awards of stock, and other
financial benefits provided by an air carrier or contractor to an
officer or employee of the air carrier or contractor.
SEC. 4117. TAX PAYER PROTECTION.
The Secretary may receive warrants, options, preferred stock, debt
securities, notes, or other financial instruments issued by recipients
of financial assistance under this subtitle which, in the sole
determination of the Secretary, provide appropriate compensation to the
Federal Government for the provision of the financial assistance.
SEC. 4118. REPORTS.
(a) Report.--Not later than November 1, 2020, the Secretary shall
submit to the Committee on Transportation and Infrastructure and the
Committee on Financial Services of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report on the
financial assistance provided to air carriers and contractors under
this subtitle, including a description of any financial assistance
provided.
(b) Update.--Not later than the last day of the 1-year period
following the date of enactment of this Act, the Secretary shall update
and submit to the Committee on Transportation and the Committee on
Financial Services and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation and the
Committee on Banking, Housing, and Urban Affairs of the Senate the
report described in subsection (a).
SEC. 4119. COORDINATION.
In implementing this subtitle the Secretary shall coordinate with
the Secretary of Transportation.
SEC. 4120. DIRECT APPROPRIATION.
Notwithstanding any other provision of law, there is appropriated,
out of amounts in the Treasury not otherwise appropriated,
$32,000,000,000 to carry out this subtitle.
TITLE V--CORONAVIRUS RELIEF FUNDS
SEC. 5001. CORONAVIRUS RELIEF FUND.
(a) In General.--The Social Security Act (42 U.S.C. 301 et seq.) is
amended by inserting after title V the following:
``TITLE VI--CORONAVIRUS RELIEF FUND
``SEC. 601. CORONAVIRUS RELIEF FUND.
``(a) Appropriation.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated
for making payments to States, Tribal governments, and units of
local government under this section, $150,000,000,000 for fiscal
year 2020.
``(2) Reservation of funds.--Of the amount appropriated under
paragraph (1), the Secretary shall reserve--
``(A) $3,000,000,000 of such amount for making payments to
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and American Samoa; and
``(B) $8,000,000,000 of such amount for making payments to
Tribal governments.
``(b) Authority to Make Payments.--
``(1) In general.--Subject to paragraph (2), not later than 30
days after the date of enactment of this section, the Secretary
shall pay each State and Tribal government, and each unit of local
government that meets the condition described in paragraph (2), the
amount determined for the State, Tribal government, or unit of
local government, for fiscal year 2020 under subsection (c).
``(2) Direct payments to units of local government.--If a unit
of local government of a State submits the certification required
by subsection (e) for purposes of receiving a direct payment from
the Secretary under the authority of this paragraph, the Secretary
shall reduce the amount determined for that State by the relative
unit of local government population proportion amount described in
subsection (c)(5) and pay such amount directly to such unit of
local government.
``(c) Payment Amounts.--
``(1) In general.--Subject to paragraph (2), the amount paid
under this section for fiscal year 2020 to a State that is 1 of the
50 States shall be the amount equal to the relative population
proportion amount determined for the State under paragraph (3) for
such fiscal year.
``(2) Minimum payment.--
``(A) In general.--No State that is 1 of the 50 States
shall receive a payment under this section for fiscal year 2020
that is less than $1,250,000,000.
``(B) Pro rata adjustments.--The Secretary shall adjust on
a pro rata basis the amount of the payments for each of the 50
States determined under this subsection without regard to this
subparagraph to the extent necessary to comply with the
requirements of subparagraph (A).
``(3) Relative population proportion amount.--For purposes of
paragraph (1), the relative population proportion amount determined
under this paragraph for a State for fiscal year 2020 is the
product of--
``(A) the amount appropriated under paragraph (1) of
subsection (a) for fiscal year 2020 that remains after the
application of paragraph (2) of that subsection; and
``(B) the relative State population proportion (as defined
in paragraph (4)).
``(4) Relative state population proportion defined.--For
purposes of paragraph (3)(B), the term `relative State population
proportion' means, with respect to a State, the quotient of--
``(A) the population of the State; and
``(B) the total population of all States (excluding the
District of Columbia and territories specified in subsection
(a)(2)(A)).
``(5) Relative unit of local government population proportion
amount.--For purposes of subsection (b)(2), the term `relative unit
of local government population proportion amount' means, with
respect to a unit of local government and a State, the amount equal
to the product of--
``(A) 45 percent of the amount of the payment determined
for the State under this subsection (without regard to this
paragraph); and
``(B) the amount equal to the quotient of--
``(i) the population of the unit of local government;
and
``(ii) the total population of the State in which the
unit of local government is located.
``(6) District of columbia and territories.--The amount paid
under this section for fiscal year 2020 to a State that is the
District of Columbia or a territory specified in subsection
(a)(2)(A) shall be the amount equal to the product of--
``(A) the amount set aside under subsection (a)(2)(A) for
such fiscal year; and
``(B) each such District's and territory's share of the
combined total population of the District of Columbia and all
such territories, as determined by the Secretary.
``(7) Tribal governments.--From the amount set aside under
subsection (a)(2)(B) for fiscal year 2020, the amount paid under
this section for fiscal year 2020 to a Tribal government shall be
the amount the Secretary shall determine, in consultation with the
Secretary of the Interior and Indian Tribes, that is based on
increased expenditures of each such Tribal government (or a
tribally-owned entity of such Tribal government) relative to
aggregate expenditures in fiscal year 2019 by the Tribal government
(or tribally-owned entity) and determined in such manner as the
Secretary determines appropriate to ensure that all amounts
available under subsection (a)(2)(B) for fiscal year 2020 are
distributed to Tribal governments.
``(8) Data.--For purposes of this subsection, the population of
States and units of local governments shall be determined based on
the most recent year for which data are available from the Bureau
of the Census.
``(d) Use of Funds.--A State, Tribal government, and unit of local
government shall use the funds provided under a payment made under this
section to cover only those costs of the State, Tribal government, or
unit of local government that--
``(1) are necessary expenditures incurred due to the public
health emergency with respect to the Coronavirus Disease 2019
(COVID-19);
``(2) were not accounted for in the budget most recently
approved as of the date of enactment of this section for the State
or government; and
``(3) were incurred during the period that begins on March 1,
2020, and ends on December 30, 2020.
``(e) Certification.--In order to receive a payment under this
section, a unit of local government shall provide the Secretary with a
certification signed by the Chief Executive for the unit of local
government that the local government's proposed uses of the funds are
consistent with subsection (d).
``(f) Inspector General Oversight; Recoupment.--
``(1) Oversight authority.--The Inspector General of the
Department of the Treasury shall conduct monitoring and oversight
of the receipt, disbursement, and use of funds made available under
this section.
``(2) Recoupment.--If the Inspector General of the Department
of the Treasury determines that a State, Tribal government, or unit
of local government has failed to comply with subsection (d), the
amount equal to the amount of funds used in violation of such
subsection shall be booked as a debt of such entity owed to the
Federal Government. Amounts recovered under this subsection shall
be deposited into the general fund of the Treasury.
``(3) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated to
the Office of the Inspector General of the Department of the
Treasury, $35,000,000 to carry out oversight and recoupment
activities under this subsection. Amounts appropriated under the
preceding sentence shall remain available until expended.
``(4) Authority of inspector general.--Nothing in this
subsection shall be construed to diminish the authority of any
Inspector General, including such authority as provided in the
Inspector General Act of 1978 (5 U.S.C. App.).
``(g) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian Tribe' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304(e)).
``(2) Local government.--The term `unit of local government'
means a county, municipality, town, township, village, parish,
borough, or other unit of general government below the State level
with a population that exceeds 500,000.
``(3) Secretary.--The term `Secretary' means the Secretary of
the Treasury.
``(4) State.--The term `State' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands, and American Samoa.
``(5) Tribal government.--The term `Tribal government' means
the recognized governing body of an Indian Tribe.''.
(b) Application of Provisions.--Amounts appropriated for fiscal
year 2020 under section 601(a)(1) of the Social Security Act (as added
by subsection (a)) shall be subject to the requirements contained in
Public Law 116-94 for funds for programs authorized under sections 330
through 340 of the Public Health Service Act (42 U.S.C. 254 through
256).
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 6001. COVID-19 BORROWING AUTHORITY FOR THE UNITED STATES POSTAL
SERVICE.
(a) Definitions.--In this section--
(1) the term ``COVID-19 emergency'' means the emergency
involving Federal primary responsibility determined to exist by the
President under section 501(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with
respect to the Coronavirus Disease 2019 (COVID-19); and
(2) the term ``Postal Service'' means the United States Postal
Service.
(b) Additional Borrowing Authority.--Notwithstanding section 2005
of title 39, United States Code, or any other provision of law, if the
Postal Service determines that, due to the COVID-19 emergency, the
Postal Service will not be able to fund operating expenses without
borrowing money--
(1) the Postal Service may borrow money from the Treasury in an
amount not to exceed $10,000,000,000--
(A) to be used for such operating expenses; and
(B) which may not be used to pay any outstanding debt of
the Postal Service; and
(2) the Secretary of the Treasury may lend up to the amount
described in paragraph (1) at the request of the Postal Service,
upon terms and conditions mutually agreed upon by the Secretary and
the Postal Service.
(c) Prioritization of Delivery for Medical Purposes During COVID-19
Emergency.--Notwithstanding any other provision of law, during the
COVID-19 emergency, the Postal Service--
(1) shall prioritize delivery of postal products for medical
purposes; and
(2) may establish temporary delivery points, in such form and
manner as the Postal Service determines necessary, to protect
employees of the Postal Service and individuals receiving
deliveries from the Postal Service.
SEC. 6002. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided under this division are
designated as an emergency requirement pursuant to section 4(g) of the
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this division is
designated as an emergency requirement pursuant to section 4112(a) of
H. Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018.
DIVISION B--EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE
AND AGENCY OPERATIONS
The following sums are hereby are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Office of the Secretary
For an additional amount for the ``Office of the Secretary'',
$9,500,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus by providing support for agricultural
producers impacted by coronavirus, including producers of specialty
crops, producers that supply local food systems, including farmers
markets, restaurants, and schools, and livestock producers, including
dairy producers: Provided, That such amount is designated by the
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.
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$750,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That the funding made available under this
heading in this Act shall be used for conducting audits and
investigations of projects and activities carried out with funds made
available in this Act to the Department of Agriculture to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided further, That such amount is designated by
the 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.
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$55,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including for necessary expenses for salary costs
associated with the Agriculture Quarantine and Inspection Program:
Provided, That such amount is designated by the 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.
Agricultural Marketing Service
marketing services
For an additional amount for ``Marketing Services'', $45,000,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
necessary expenses for salary costs associated with commodity grading,
inspection, and audit activities: Provided, That such amount is
designated by the 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.
Food Safety and Inspection Service
For an additional amount for ``Food Safety and Inspection
Service'', $33,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally, including for support of temporary and intermittent
workers, relocation of inspectors, and, notwithstanding 21 U.S.C. 468,
695 and 1053 and 7 U.S.C. 2219a, costs of overtime inspectors under the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act: Provided, That such amount is
designated by the 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.
FARM PRODUCTION AND CONSERVATION PROGRAMS
Farm Service Agency
For an additional amount for ``Salaries and Expenses'', $3,000,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
necessary expenses to hire temporary staff and overtime expenses:
Provided, That such amount is designated by the 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.
RURAL DEVELOPMENT PROGRAMS
Rural Business--Cooperative Service
rural business program account
For an additional amount for ``Rural Business Program Account'',
$20,500,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, for the cost of loans for
rural business development programs authorized by section 310B and
described in subsection (g) of section 310B of the Consolidated Farm
and Rural Development Act: Provided, That such amount is designated by
the 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.
Rural Utilities Service
distance learning, telemedicine, and broadband program
For an additional amount for ``Distance Learning, Telemedicine, and
Broadband Program'', $25,000,000, to remain available until expended,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally, for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq.: Provided, That
such amount is designated by the 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.
DOMESTIC FOOD PROGRAMS
Food and Nutrition Service
child nutrition programs
For an additional amount for ``Child Nutrition Programs'',
$8,800,000,000 to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
supplemental nutrition assistance program
For an additional amount for ``Supplemental Nutrition Assistance
Program'', $15,810,000,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, That of the amount provided under this
heading in this Act, $15,510,000,000 shall be placed in a contingency
reserve to be allocated as the Secretary deems necessary to support
participation should cost or participation exceed budget estimates to
prevent, prepare for, and respond to coronavirus: Provided further,
That of the amount provided under this heading in this Act,
$100,000,000 shall be for the food distribution program on Indian
reservations program as authorized by Section 4(b) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2013) and Section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 1431) to
prevent, prepare for, and respond to coronavirus, of which $50,000,000
shall be for facility improvements and equipment upgrades and of which
$50,000,000 shall be for the costs relating to additional food
purchases: Provided further, That of the amount provided under this
heading in this Act, $200,000,000 to remain available through September
30, 2021, shall be available for the Secretary of Agriculture to
provide grants to the Commonwealth of the Northern Mariana Islands,
Puerto Rico, and American Samoa for nutrition assistance to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided further, That such amount is designated by
the 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.
commodity assistance program
For an additional amount for ``Commodity Assistance Program'',
$450,000,000, to remain available through September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, for the emergency food assistance program as
authorized by section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7508(a)(1)): Provided, That of the funds made
available, the Secretary may use up to $150,000,000 for costs
associated with the distribution of commodities: Provided further,
That such amount is designated by the 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.
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $4,000,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
necessary expenses to relocate employees and their dependents back from
overseas posts: Provided, That such amount is designated by the
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.
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$80,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, domestically or internationally,
including funds for the development of necessary medical
countermeasures and vaccines, advanced manufacturing for medical
products, the monitoring of medical product supply chains, and related
administrative activities: Provided, That such amount is designated by
the 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.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 11001. Of the funds made available to the Rural Development
mission area in this title, and in addition to funds otherwise made
available for such purpose, not more than 3 percent may be used for
administrative costs to carry out loan, loan guarantee and grant
activities funded in this title to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
funds shall be transferred to, and merged with, the appropriation for
``Rural Development, Salaries and Expenses'' and, once transferred,
shall be used only to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided further, that this transfer
authority is in addition to any other transfer authority provided by
law.
commodity credit corporation
reimbursement of present net realized losses
Sec. 11002. Of the amounts provided in the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) under the heading
``Commodity Credit Corporation Fund--Reimbursement for Net Realized
Losses'', $14,000,000,000, may be used, prior to the completion of the
report described in 15 U.S.C. 713a-11, to reimburse the Commodity
Credit Corporation for net realized losses sustained, but not
previously reimbursed, as reflected in the June 2020 report of its
financial condition: Provided, That such amount is designated by the
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.
Sec. 11003. The Secretary may extend the term of a marketing
assistance loan authorized by section 1201 of the Agricultural Act of
2014 (7 U.S.C. 9033) for any loan commodity to 12 months: Provided,
That the authority made available pursuant to this section shall expire
on September 30, 2020: Provided further, That the amount provided by
this section is designated by the 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.
Sec. 11004. For an additional amount for grants under the pilot
program established under section 779 of Public Law 115-141, to
prevent, prepare for, and respond to coronavirus, $100,000,000, to
remain available until September 30, 2021: Provided, That at least 90
percent of the households to be served by a project receiving a grant
shall be in a rural area without sufficient access to broadband:
Provided further, That for purposes of such pilot program, a rural area
without sufficient access to broadband shall be defined as 10 Mbps
downstream and 1 Mbps upstream, and such definition shall be
reevaluated and redefined, as necessary, on an annual basis by the
Secretary of Agriculture: Provided further, That an entity to which a
grant is made under the pilot program shall not use a grant to
overbuild or duplicate broadband expansion efforts made by any entity
that has received a broadband loan from the Rural Utilities Service:
Provided further, That priority consideration for grants shall be given
to previous applicants now eligible as a result of adjusted eligibility
requirements: Provided further, That such amount is designated by the
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.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'', $1,500,000,000, to remain
available until September 30, 2022, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, including for
necessary expenses for responding to economic injury as a result of
coronavirus: Provided, That such amount shall be for economic
adjustment assistance as authorized by section 209 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3149): Provided
further, That within the amount appropriated under this heading in this
Act, up to 2 percent of funds may be transferred to the ``Salaries and
Expenses'' account for administration and oversight activities related
to preventing, preparing for, and responding to coronavirus: Provided
further, That the Secretary of Commerce is authorized to appoint and
fix the compensation of such temporary personnel as may be necessary to
implement the requirements under this heading in this Act to prevent,
prepare for, and respond to coronavirus, without regard to the
provisions of title 5, United States Code, governing appointments in
competitive service: Provided further, That the Secretary of Commerce
is authorized to appoint such temporary personnel, after serving
continuously for 2 years, to positions in the Economic Development
Administration in the same manner that competitive service employees
with competitive status are considered for transfer, reassignment, or
promotion to such positions and an individual appointed under this
provision shall become a career-conditional employee, unless the
employee has already completed the service requirements for career
tenure: Provided further, That within the amount appropriated under
this heading in this Act, $3,000,000 shall be transferred to the
``Office of Inspector General'' account for carrying out investigations
and audits related to the funding provided to prevent, prepare for, and
respond to coronavirus under this heading in this Act: Provided
further, That such amount is designated by the 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.
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for ``Scientific and Technical Research
and Services'', $6,000,000, to remain available until September, 30,
2021, to prevent, prepare for, and respond to coronavirus, domestically
or internationally, by supporting continuity of operations, including
measurement science to support viral testing and biomanufacturing:
Provided, That such amount is designated by the 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.
industrial technology services
For an additional amount for ``Industrial Technology Services'',
$60,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That of the amount provided under this
heading in this Act, $50,000,000 shall be for the Hollings
Manufacturing Extension Partnership to assist manufacturers to prevent,
prepare for, and respond to coronavirus and $10,000,000 shall be for
the National Network for Manufacturing Innovation (also known as
``Manufacturing USA'') to prevent, prepare for, and respond to
coronavirus, including to support development and manufacturing of
medical countermeasures and biomedical equipment and supplies:
Provided further, That none of the funds provided under this heading in
this Act shall be subject to cost share requirements under 15 U.S.C.
278k(e)(2) or 15 U.S.C. 278s(e)(7)(A): Provided further, That such
amount is designated by the 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.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $20,000,000, to remain available until September, 30,
2021, to prevent, prepare for, and respond to coronavirus, domestically
or internationally, by supporting continuity of operations, including
National Weather Service life and property related operations:
Provided, That such amount is designated by the 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.
DEPARTMENT OF JUSTICE
General Administration
justice information sharing technology
For an additional amount for ``Justice Information Sharing
Technology'', $2,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, including the impact of coronavirus on the work of the
Department of Justice: Provided, That such amount is designated by the
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.
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$2,000,000, to remain available until expended to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
the impact of coronavirus on the work of the Department of Justice and
to carry out investigations and audits related to the funding made
available for the Department of Justice in this Act: Provided, That
such amount is designated by the 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.
Legal Activities
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $3,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including the impact of
coronavirus on the work of the Department of Justice: Provided, That
such amount is designated by the 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.
United States Marshals Service
salaries and expenses
For an additional amount for ``United States Marshals Service,
Salaries and Expenses'', $15,000,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, including the
impact of coronavirus on the work of the Department of Justice:
Provided, That such amount is designated by the 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.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Federal Bureau of Investigation,
Salaries and Expenses'', $20,000,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, including the
impact of coronavirus on the work of the Department of Justice:
Provided, That such amount is designated by the 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.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Drug Enforcement Administration,
Salaries and Expenses'', $15,000,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, including the
impact of coronavirus on the work of the Department of Justice:
Provided, That such amount is designated by the 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.
Federal Prison System
salaries and expenses
For an additional amount for ``Federal Prison System, Salaries and
Expenses'', $100,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including the impact of
coronavirus on the work of the Department of Justice: Provided, That
such amount is designated by the 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.
State and Local Law Enforcement Activities
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $850,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, to be awarded pursuant to the formula allocation
(adjusted in proportion to the relative amounts statutorily designated
therefor) that was used in fiscal year 2019 for the Edward Byrne
Memorial Justice Assistance Grant program as authorized by subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets Acts of
1968 (``1968 Act''): Provided, That the allocation provisions under
sections 505(a) through (e) and the special rules for Puerto Rico under
section 505(g), and section 1001(c), of the 1968 Act, shall not apply
to the amount provided under this heading in this Act: Provided
further, That awards hereunder, shall not be subject to restrictions or
special conditions that are the same as (or substantially similar to)
those, imposed on awards under such subpart in fiscal year 2018, that
forbid interference with Federal law enforcement: Provided further,
That such amount is designated by the 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.
SCIENCE
National Aeronautics and Space Administration
safety, security and mission services
For an additional amount for ``Safety, Security and Mission
Services'', $60,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related Activities'',
$75,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including to fund research grants and other necessary
expenses: Provided, That such amount is designated by the 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.
agency operations and award management
For an additional amount for ``Agency Operations and Award
Management'', $1,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including to administer
research grants and other necessary expenses: Provided, That such
amount is designated by the 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.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'', $50,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That none of
the funds appropriated under this heading in this Act to the Legal
Services Corporation shall be expended for any purpose prohibited or
limited by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105-119, and all funds
appropriated in this Act to the Legal Services Corporation shall be
subject to the same terms and conditions set forth in such sections,
except that all references in sections 502 and 503 to 1997 and 1998
shall be deemed to refer instead to 2019 and 2020, respectively, and
except that sections 501 and 503 of Public Law 104-134 (referenced by
Public Law 105-119) shall not apply to the amount made available under
this heading: Provided further, That for the purposes of this Act, the
Legal Services Corporation shall be considered an agency of the United
States Government: Provided further, That such amount is designated by
the 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.
GENERAL PROVISIONS--THIS TITLE
Sec. 12001. Amounts provided by the Consolidated Appropriations
Act, 2020, (Public Law 116-93) for the Hollings Manufacturing Extension
Partnership under the heading ``National Institute of Standards and
Technology--Industrial Technology Services'' shall not be subject to
cost share requirements under 15 U.S.C. 278k(e)(2): Provided, That the
authority made available pursuant to this section shall be elective for
any Manufacturing Extension Partnership Center that also receives
funding from a State that is conditioned upon the application of a
Federal cost sharing requirement.
Sec. 12002. (a) Funds appropriated in this title for the National
Science Foundation may be made available to restore amounts, either
directly or through reimbursement, for obligations incurred by the
National Science Foundation for research grants and other necessary
expenses to prevent, prepare for, and respond to coronavirus,
domestically or internationally, prior to the date of enactment of this
Act.
(b) Grants or cooperative agreements made by the National Science
Foundation under this title, to carry out research grants and other
necessary expenses to prevent, prepare for, and respond to coronavirus,
domestically or internationally, shall include amounts to reimburse
costs for these purposes incurred between January 20, 2020, and the
date of issuance of such grants or agreements.
bureau of prisons
Sec. 12003. (a) Definitions.--In this section--
(1) the term ``Bureau'' means the Bureau of Prisons;
(2) the term ``covered emergency period'' means the period
beginning on the date on which the President declared a national
emergency under the National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to the Coronavirus Disease 2019 (COVID-19) and
ending on the date that is 30 days after the date on which the
national emergency declaration terminates; and
(3) the term ``Secretary'' means the Secretary of Health and
Human Services.
(b) Supply of Personal Protective Equipment and Test Kits to Bureau
of Prisons; Home Confinement Authority.--
(1) Personal protective equipment and test kits.--
(A) Findings.--Congress finds the following:
(i) There is an urgent need for personal protective
equipment and test kits to the Bureau based on the density
of the inmate population, the high traffic, the high volume
of inmates, the high rate of turnover of inmates and
personnel, and the number of high-security areas, within
the facilities of the Bureau.
(ii) The inability of the Bureau to secure the purchase
of infectious disease personal protective equipment and
related supplies now and in the future is a vulnerability.
(iii) The Bureau is currently competing in and engaging
the same landscape of vendors as all other Federal agencies
and private entities.
(iv) The ability of the Bureau to purchase needed
equipment and supplies is currently subject to an
individual manufacturer's specific recognition of the
Bureau as a priority and subsequent allocation of the
inventory of the manufacturer to the Bureau.
(B) Consideration.--The Secretary shall appropriately
consider, relative to other priorities of the Department of
Health and Human Services for high-risk and high-need
populations, the distribution of infectious disease personal
protective equipment and COVID-19 test kits to the Bureau for
use by inmates and personnel of the Bureau.
(2) Home confinement authority.--During the covered emergency
period, if the Attorney General finds that emergency conditions
will materially affect the functioning of the Bureau, the Director
of the Bureau may lengthen the maximum amount of time for which the
Director is authorized to place a prisoner in home confinement
under the first sentence of section 3624(c)(2) of title 18, United
States Code, as the Director determines appropriate.
(c) Video Visitation.--
(1) In general.--During the covered emergency period, if the
Attorney General finds that emergency conditions will materially
affect the functioning of the Bureau, the Director of the Bureau
shall promulgate rules regarding the ability of inmates to conduct
visitation through video teleconferencing and telephonically, free
of charge to inmates, during the covered emergency period.
(2) Exemption from notice-and-comment rulemaking
requirements.--Section 553 of title 5, United States Code, shall
not apply to the promulgation of rules under paragraph (1) of this
subsection.
(d) Emergency Requirement.--The amount provided by this section is
designated by the 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.
temporary authority of director of the uspto during the covid-19
emergency.
Sec. 12004. (a) In General.--During the emergency period described
in subsection (e), the Director may toll, waive, adjust, or modify, any
timing deadline established by title 35, United States Code, the
Trademark Act, section 18 of the Leahy-Smith America Invents Act (35
U.S.C. 321 note), or regulations promulgated thereunder, in effect
during such period, if the Director determines that the emergency
related to such period--
(1) materially affects the functioning of the Patent and
Trademark Office;
(2) prejudices the rights of applicants, registrants, patent
owners, or others appearing before the Office; or
(3) prevents applicants, registrants, patent owners, or others
appearing before the Office from filing a document or fee with the
Office.
(b) Public Notice.--If the Director determines that tolling,
waiving, adjusting, or modifying a timing deadline under subsection (a)
is appropriate, the Director shall publish publicly a notice to such
effect.
(c) Statement Required.--Not later than 20 days after the Director
tolls, waives, adjusts, or modifies a timing deadline under subsection
(a) and such toll, waiver, adjustment, or modification is in effect for
a consecutive or cumulative period exceeding 120 days, the Director
shall submit to Congress a statement describing the action taken,
relevant background, and rationale for the period of tolling, waiver,
adjustment, or modification.
(d) Other Laws.--Notwithstanding section 301 of the National
Emergencies Act (50 U.S.C. 1631), the authority of the Director under
subsection (a) is not contingent on a specification made by the
President under such section or any other requirement under that Act
(other than the emergency declaration under section 201(a) of such Act
(50 U.S.C. 1621(a))). The authority described in this section
supersedes the authority of title II of the National Emergencies Act
(50 U.S.C. 1621 et seq.).
(e) Emergency Period.--The emergency period described in this
subsection includes the duration of the portion of the emergency
declared by the President pursuant to the National Emergencies Act on
March 13, 2020, as a result of the COVID-19 outbreak (and any renewal
thereof) beginning on or after the date of the enactment of this
section and the 60 day period following such duration.
(f) Rule of Construction.--Nothing in this section may be construed
as limiting other statutory authorities the Director may have to grant
relief regarding filings or deadlines.
(g) Sunset.--Notwithstanding subsection (a), the authorities
provided under this section shall expire upon the expiration of the 2-
year period after the date of the enactment of this section.
(h) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Under Secretary
of Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office.
(2) Trademark act.--The term ``Trademark Act'' means the Act
entitled ``An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July
5, 1946 (15 U.S.C. 1051 et seq.).
(i) Emergency Requirement.--The amount provided by this section is
designated by the 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.
assistance to fishery participants
Sec. 12005. (a) In General.--The Secretary of Commerce is
authorized to provide assistance to Tribal, subsistence, commercial,
and charter fishery participants affected by the novel coronavirus
(COVID-19), which may include direct relief payments.
(b) Fishery Participants.--For the purposes of this section,
``fishery participants'' include Tribes, persons, fishing communities,
aquaculture businesses not otherwise eligible for assistance under part
1416 of title 7 of the Code of Federal Regulations for losses related
to COVID-19, processors, or other fishery-related businesses, who have
incurred, as a direct or indirect result of the coronavirus pandemic--
(1) economic revenue losses greater than 35 percent as compared
to the prior 5-year average revenue; or
(2) any negative impacts to subsistence, cultural, or
ceremonial fisheries.
(c) Rolling Basis.--Funds may be awarded under this section on a
rolling basis, and within a fishing season, to ensure rapid delivery of
funds during the COVID-19 pandemic.
(d) Appropriations.--In addition to funds that are otherwise made
available to assist fishery participants under this Act, there are
authorized to be appropriated, and there are appropriated,
$300,000,000, to remain available until September 30, 2021, to carry
out this section, of which up to 2 percent may be used for
administration and oversight activities.
(e) Emergency Requirement.--The amount provided by this section is
designated by the 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.
TITLE III
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$746,591,000, to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount is
designated by the 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.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $482,125,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$160,300,000, to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount is
designated by the 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.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$360,308,000, to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount is
designated by the 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.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $90,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $155,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $48,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $186,696,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $75,754,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $827,800,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
PROCUREMENT
Defense Production Act Purchases
For an additional amount for ``Defense Production Act Purchases'',
$1,000,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, domestically or internationally:
Provided, That for the two-year period beginning with the date of
enactment of this Act, the requirements described in Section
301(a)(3)(A) and 302(c)(1) of Public Law 81-774, shall be waived:
Provided further, That such amount is designated by the 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.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$1,450,000,000, to prevent, position, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That of the
amount provided under this heading in this Act, $475,000,000 shall be
for the Navy Working Capital Fund, $475,000,000 shall be for the Air
Force Working Capital Fund, and $500,000,000 shall be for the Defense-
Wide Working Capital Fund: Provided further, That such amount is
designated by the 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.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$3,805,600,000, of which $3,390,600,000 shall be for operation and
maintenance, and $415,000,000 shall be for research, development, test
and evaluation, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That, notwithstanding that one percent of
funding for operation and maintenance under this heading in Public Law
116-93 shall remain available for obligation until September 30, 2021,
funding for operation and maintenance made available under this heading
in this Act shall only be available through September 30, 2020:
Provided further, That such amount is designated by the 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.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$20,000,000, to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That the funding made
available under this heading in this Act shall be used for conducting
audits and investigations of projects and activities carried out with
funds made available in this Act to the Department of Defense to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided further, That such amount is designated by
the 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.
GENERAL PROVISIONS--THIS TITLE
Sec. 13001. Funds appropriated by this title may be transferred
to, and merged with, other applicable appropriations of the Department
of Defense, except for ``Drug Interdiction and Counter-Drug Activities,
Defense'', for expenses incurred in preventing, preparing for, or
responding to coronavirus, including expenses of the Department of
Defense incurred in support of other Federal Departments and agencies,
and State, local, and Indian tribal governments, to be merged with and
to be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided, That upon a
determination that all or part of the funds transferred pursuant to
this section that are not necessary for the purposes provided herein,
such funds shall be transferred back to the original appropriation:
Provided further, That the transfer authority provided by this section
is in addition to any other transfer authority provided by law.
Sec. 13002. For an additional amount for ``Defense Health
Program'', $1,095,500,000, which shall be for operation and
maintenance, and of which $1,095,500,000 may be available for contracts
entered into under the TRICARE program: Provided, That,
notwithstanding that one percent of funding for operation and
maintenance under this heading in Public Law 116-93 shall remain
available for obligation until September 30, 2021, funding for
operation and maintenance made available under this heading in this
section shall only be available through September 30, 2020: Provided
further, That such amount is designated by the 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.
Sec. 13003. (a) Notwithstanding section 2208(l)(3) of title 10,
United States Code, during fiscal year 2020, the total amount of the
advance billings rendered or imposed for all working-capital funds of
the Department of Defense may exceed the amount otherwise specified in
such section.
(b) In this section, the term ``advance billing'' has the meaning
given that term in section 2208(l)(4) of title 10, United States Code.
Sec. 13004. (a) Section 2326(b)(3) of title 10, United States Code,
shall not apply to any undefinitized contract action of the Department
of Defense related to the national emergency for the Coronavirus
Disease 2019 (COVID-19).
(b) In this section, the term ``undefinitized contract action'' has
the meaning given that term in section 2326(j)(6) of title 10, United
States Code.
Sec. 13005. (a) The head of an agency may waive the provisions of
section 2326(b) of title 10, United States Code, with respect to a
contract of such agency if the head of the agency determines that the
waiver is necessary due to the national emergency for the Coronavirus
Disease 2019 (COVID-19).
(b) In this section, the term ``head of an agency'' has the meaning
given that term in section 2302(2) of title 10, United States Code.
Sec. 13006. (a) Notwithstanding paragraph (3) of section 2371b(a)
of title 10, United States Code, the authority of a senior procurement
executive or director of the Defense Advanced Research Projects Agency
or Missile Defense Agency under paragraph (2)(A) of such section, and
the authority of the Under Secretaries of Defense under paragraph
(2)(B) of such section, for any transaction related to the national
emergency for the Coronavirus Disease 2019 (COVID-19) may be delegated
to such officials in the Department of Defense as the Secretary of
Defense shall specify for purposes of this section.
(b)(1) Notwithstanding clause (ii) of section 2371b(a)(2)(B) of
title 10, United States Code, no advance notice to Congress is required
under that clause for transitions described in that section that are
related to the national emergency for the Coronavirus Disease 2019
(COVID-19).
(2) In the event a transaction covered by paragraph (1) is carried
out, the Under Secretary of Defense for Research and Engineering or the
Under Secretary of Defense for Acquisition and Sustainment, as
applicable, shall submit to the congressional defense committees a
notice on the carrying out of such transaction as soon as is
practicable after the commencement of the carrying out of such
transaction.
(3) In this subsection, the term ``congressional defense
committees'' has the meaning given such term in section 101(a)(16) of
title 10, United States Code.
Sec. 13007. (a) The President may extend the appointment of the
Chief of Army Reserve as prescribed in section 7038(c) of title 10,
United States Code, for the incumbent in that position as of the date
of the enactment of this Act until the date of the appointment of the
successor to such incumbent, notwithstanding any limitation otherwise
imposed on such term by such section 7038(c).
(b) The President may extend the appointment of the Chief of Navy
Reserve as prescribed in section 8083(c) of title 10, United States
Code, for the incumbent in that position as of the date of the
enactment of this Act until the date of the appointment of the
successor to such incumbent, notwithstanding any limitation otherwise
imposed on such term by such section 8083(c).
(c) The President may extend the appointment of the Chief of Staff
of the Air Force prescribed in section 9033(a)(1) of title 10, United
States Code, for the incumbent in that position as of the date of the
enactment of this Act until the date of the appointment of the
successor to such incumbent, notwithstanding any limitation otherwise
imposed on such term by such section 9033(a)(1).
(d) The President may extend the appointment of the Chief of Space
Operations, as prescribed in section 9082(a)(2) of title 10, United
States Code, for the incumbent in that position as of the date of the
enactment of this Act until the date of the appointment of the
successor to such incumbent, notwithstanding any limitation otherwise
imposed on such term by such section 9082(a)(2).
(e) The President may extend the appointment of the Chief of the
National Guard Bureau as prescribed in section 10502(b) of title 10,
United States Code, for the incumbent in that position as of the date
of the enactment of this Act until the date of the appointment of the
successor to such incumbent, notwithstanding any limitation otherwise
imposed on such term by such section 10502(b).
(f) The President may extend the appointment of Director, Army
National Guard and Director, Air National Guard as prescribed in
section 10506(a)(3)(D) of title 10, United States Code, for the
incumbent in such position as of the date of the enactment of this Act
until the date of the appointment of the successor to such incumbent,
notwithstanding any limitation otherwise imposed on such term by such
section 10506(a)(3)(D).
(g) Notwithstanding paragraph (4) of section 10505(a) of title 10,
United States Code, the Secretary of Defense may waive the limitations
in paragraphs (2) and (3) of that section for a period of not more than
270 days.
(h)(1) The President may delegate the exercise of the authorities
in subsections (a) through (f) to the Secretary of Defense.
(2) The Secretary of Defense may not redelegate the exercise of any
authority delegated to the Secretary pursuant to paragraph (1), and may
not delegate the exercise of the authority in subsection (g).
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
operation and maintenance
For an additional amount for ``Operation and Maintenance'',
$50,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
expenses
For an additional amount for ``Expenses'', $20,000,000, to remain
available until September 30, 2021, to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided,
That such amount is designated by the 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.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
(including transfer of funds)
For an additional amount for ``Water and Related Resources'',
$12,500,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That $500,000 of the funds provided under
this heading in this Act shall be transferred to the ``Central Utah
Project Completion Account'' to prevent, prepare for, and respond to
coronavirus: Provided further, That such amount is designated by the
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.
policy and administration
For an additional amount for ``Policy and Administration'',
$8,100,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Science
For an additional amount for ``Science'', $99,500,000, to remain
available until September 30, 2021, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, for necessary
expenses related to providing support and access to scientific user
facilities in the Office of Science and National Nuclear Security
Administration, including equipment, enabling technologies, and
personnel associated with the operations of those scientific user
facilities: Provided, That such amount is designated by the 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.
Departmental Administration
(including transfer of funds)
For an additional amount for ``Departmental Administration'',
$28,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including for necessary expenses related to supporting
remote access for personnel: Provided, That funds appropriated under
this heading in this Act may be transferred to, and merged with, other
appropriation accounts of the Department of Energy to prevent, prepare
for, and respond to coronavirus, including for necessary expenses
related to supporting remote access for personnel: Provided further,
That such amount is designated by the 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.
INDEPENDENT AGENCIES
Nuclear Regulatory Commission
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $3,300,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally: Provided,
That, notwithstanding 42 U.S.C. 2214, such amount shall not be derived
from fee revenue: Provided further, That such amount is designated by
the 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.
GENERAL PROVISIONS--THIS TITLE
Sec. 14001. Funds appropriated in this title may be made available
to restore amounts, either directly or through reimbursement, for
obligations incurred to prevent, prepare for, and respond to
coronavirus prior to the date of enactment of this Act.
Sec. 14002. (a) Section 404 of the Bipartisan Budget Act of 2015
(42 U.S.C. 6239 note) is amended--
(1) in subsection (e), by striking ``2020'' and inserting
``2022''; and
(2) in subsection (g), by striking ``2020'' and inserting
``2022''.
(b) Title III of division C of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended in the matter
under the heading ``Department of Energy--Energy Programs--Strategic
Petroleum Reserve'' by striking the three provisos before the final
period and inserting the following:
`` Provided, That, as authorized by section 404 of the Bipartisan
Budget Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the
Secretary of Energy shall draw down and sell not to exceed a total of
$450,000,000 of crude oil from the Strategic Petroleum Reserve in
fiscal year 2020, fiscal year 2021, or fiscal year 2022: Provided
further, That the proceeds from such drawdown and sale shall be
deposited into the `Energy Security and Infrastructure Modernization
Fund' during the fiscal year in which the sale occurs and shall be made
available in such fiscal year, to remain available until expended, for
necessary expenses to carry out the Life Extension II project for the
Strategic Petroleum Reserve''.
(c) The amount provided by this section is designated by the
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.
Sec. 14003. Any discretionary appropriation for the Corps of
Engineers derived from the Harbor Maintenance Trust Fund (not to exceed
the total amount deposited in the Harbor Maintenance Trust Fund in the
prior fiscal year) shall be subtracted from the estimate of
discretionary budget authority and outlays for any estimate of an
appropriations Act under the Congressional Budget and Impoundment
Control Act of 1974 or the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That the modifications described in
this section shall not take effect until the earlier of January 1, 2021
or the date of enactment of legislation authorizing the development of
water resources and shall remain in effect thereafter.
Sec. 14004. Section 14321(a)(2)(B)(ii) of title 40, United States
Code, is amended by inserting ``, except that a discretionary grant to
respond to economic distress directly related to the impacts of the
Coronavirus Disease 2019 (COVID-19) shall not be included in such
aggregate amount'' before the period at the end.
TITLE V
DEPARTMENT OF THE TREASURY
Internal Revenue Service
administrative provision--internal revenue service
(including transfer of funds)
Sec. 15001. In addition to the amounts otherwise available to the
Internal Revenue Service in fiscal year 2020, $250,000,000, to remain
available until September 30, 2021, shall be available to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including costs associated with the extended filing
season and implementation of the Families First Coronavirus Response
Act: Provided, That such funds may be transferred by the Commissioner
to the ``Taxpayer Services,'' ``Enforcement,'' or ``Operations
Support'' accounts of the Internal Revenue Service for an additional
amount to be used solely to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided further, That
the Committees on Appropriations of the House of Representatives and
the Senate shall be notified in advance of any such transfer: Provided
further, That such transfer authority is in addition to any other
transfer authority provided by law: Provided further, That not later
than 30 days after the date of enactment of this Act, the Commissioner
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan for such funds:
Provided further, That such amount is designated by the 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.
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $500,000,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $6,000,000,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
defender services
For an additional amount for ``Defender Services'', $1,000,000, to
remain available until expended, to prevent, prepare for, and respond
to coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
administrative provision--the judiciary
video teleconferencing for criminal proceedings
Sec. 15002. (a) Definition.--In this section, the term ``covered
emergency period'' means the period beginning on the date on which the
President declared a national emergency under the National Emergencies
Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease
2019 (COVID-19) and ending on the date that is 30 days after the date
on which the national emergency declaration terminates.
(b) Video Teleconferencing for Criminal Proceedings.--
(1) In general.--Subject to paragraphs (3), (4), and (5), if
the Judicial Conference of the United States finds that emergency
conditions due to the national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to the Coronavirus Disease 2019 (COVID-19) will materially
affect the functioning of either the Federal courts generally or a
particular district court of the United States, the chief judge of
a district court covered by the finding (or, if the chief judge is
unavailable, the most senior available active judge of the court or
the chief judge or circuit justice of the circuit that includes the
district court), upon application of the Attorney General or the
designee of the Attorney General, or on motion of the judge or
justice, may authorize the use of video teleconferencing, or
telephone conferencing if video teleconferencing is not reasonably
available, for the following events:
(A) Detention hearings under section 3142 of title 18,
United States Code.
(B) Initial appearances under Rule 5 of the Federal Rules
of Criminal Procedure.
(C) Preliminary hearings under Rule 5.1 of the Federal
Rules of Criminal Procedure.
(D) Waivers of indictment under Rule 7(b) of the Federal
Rules of Criminal Procedure.
(E) Arraignments under Rule 10 of the Federal Rules of
Criminal Procedure.
(F) Probation and supervised release revocation proceedings
under Rule 32.1 of the Federal Rules of Criminal Procedure.
(G) Pretrial release revocation proceedings under section
3148 of title 18, United States Code.
(H) Appearances under Rule 40 of the Federal Rules of
Criminal Procedure.
(I) Misdemeanor pleas and sentencings as described in Rule
43(b)(2) of the Federal Rules of Criminal Procedure.
(J) Proceedings under chapter 403 of title 18, United
States Code (commonly known as the ``Federal Juvenile
Delinquency Act''), except for contested transfer hearings and
juvenile delinquency adjudication or trial proceedings.
(2) Felony pleas and sentencing.--
(A) In general.--Subject to paragraphs (3), (4), and (5),
if the Judicial Conference of the United States finds that
emergency conditions due to the national emergency declared by
the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to the Coronavirus Disease 2019
(COVID-19) will materially affect the functioning of either the
Federal courts generally or a particular district court of the
United States, the chief judge of a district court covered by
the finding (or, if the chief judge is unavailable, the most
senior available active judge of the court or the chief judge
or circuit justice of the circuit that includes the district
court) specifically finds, upon application of the Attorney
General or the designee of the Attorney General, or on motion
of the judge or justice, that felony pleas under Rule 11 of the
Federal Rules of Criminal Procedure and felony sentencings
under Rule 32 of the Federal Rules of Criminal Procedure cannot
be conducted in person without seriously jeopardizing public
health and safety, and the district judge in a particular case
finds for specific reasons that the plea or sentencing in that
case cannot be further delayed without serious harm to the
interests of justice, the plea or sentencing in that case may
be conducted by video teleconference, or by telephone
conference if video teleconferencing is not reasonably
available.
(B) Applicability to juveniles.--The video teleconferencing
and telephone conferencing authority described in subparagraph
(A) shall apply with respect to equivalent plea and sentencing,
or disposition, proceedings under chapter 403 of title 18,
United States Code (commonly known as the ``Federal Juvenile
Delinquency Act'').
(3) Review.--
(A) In general.--On the date that is 90 days after the date
on which an authorization for the use of video teleconferencing
or telephone conferencing under paragraph (1) or (2) is issued,
if the emergency authority has not been terminated under
paragraph (5), the chief judge of the district court (or, if
the chief judge is unavailable, the most senior available
active judge of the court or the chief judge or circuit justice
of the circuit that includes the district court) to which the
authorization applies shall review the authorization and
determine whether to extend the authorization.
(B) Additional review.--If an authorization is extended
under subparagraph (A), the chief judge of the district court
(or, if the chief judge is unavailable, the most senior
available active judge of the court or the chief judge or
circuit justice of the circuit that includes the district
court) to which the authorization applies shall review the
extension of authority not less frequently than once every 90
days until the earlier of--
(i) the date on which the chief judge (or other judge
or justice) determines the authorization is no longer
warranted; or
(ii) the date on which the emergency authority is
terminated under paragraph (5).
(4) Consent.--Video teleconferencing or telephone conferencing
authorized under paragraph (1) or (2) may only take place with the
consent of the defendant, or the juvenile, after consultation with
counsel.
(5) Termination of emergency authority.--The authority provided
under paragraphs (1), (2), and (3), and any specific authorizations
issued under those paragraphs, shall terminate on the earlier of--
(A) the last day of the covered emergency period; or
(B) the date on which the Judicial Conference of the United
States finds that emergency conditions due to the national
emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
Coronavirus Disease 2019 (COVID-19) no longer materially affect
the functioning of either the Federal courts generally or the
district court in question.
(6) National emergencies generally.--The Judicial Conference of
the United States and the Supreme Court of the United States shall
consider rule amendments under chapter 131 of title 28, United
States Code (commonly known as the ``Rules Enabling Act''), that
address emergency measures that may be taken by the Federal courts
when the President declares a national emergency under the National
Emergencies Act (50 U.S.C. 1601 et seq.).
(7) Rule of construction.--Nothing in this subsection shall
obviate a defendant's right to counsel under the Sixth Amendment to
the Constitution of the United States, any Federal statute, or the
Federal Rules of Criminal Procedure.
(c) The amount provided by this section is designated by the
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.
DISTRICT OF COLUMBIA
Federal Funds
federal payment for emergency planning and security costs in the
district of columbia
For an additional amount for ``Federal Payment for Emergency
Planning and Security Costs in the District of Columbia'', $5,000,000,
to remain available until expended, to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided,
That such amount is designated by the 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.
INDEPENDENT AGENCIES
Election Assistance Commission
election security grants
For an additional amount for ``Election Security Grants'',
$400,000,000, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, for the 2020 Federal election cycle:
Provided, That a State receiving a payment with funds provided under
this heading in this Act shall provide to the Election Assistance
Commission, within 20 days of each election in the 2020 Federal
election cycle in that State, a report that includes a full accounting
of the State's uses of the payment and an explanation of how such uses
allowed the State to prevent, prepare for, and respond to coronavirus:
Provided further, That, within 3 days of its receipt of a report
required in the preceding proviso, the Election Assistance Commission
will transmit the report to the Committee on Appropriations and the
Committee on House Administration of the House of Representatives and
the Committee on Appropriations and the Committee on Rules and
Administration of the Senate: Provided further, That not later than 30
days after the date of enactment of this Act, the Election Assistance
Commission shall make the payments to States under this heading:
Provided further, That any portion of a payment made to a State with
funds provided under this heading in this Act which is unobligated on
December 31, 2020 shall be returned to the Treasury: Provided further,
That such amount is designated by the 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.
Federal Communications Commission
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$200,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, domestically or internationally,
including to support efforts of health care providers to address
coronavirus by providing telecommunications services, information
services, and devices necessary to enable the provision of telehealth
services during an emergency period, as defined in section 1135(g)(1)
of the Social Security Act (42 U.S.C. 1320b-5(g)(1)): Provided, That
the Federal Communications Commission may rely on the rules of the
Commission under part 54 of title 47, Code of Federal Regulations, in
administering the amount provided under the heading in this Act if the
Commission determines that such administration is in the public
interest: Provided further, That such amount is designated by the
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.
General Services Administration
real property activities
federal buildings fund
(including transfers of funds)
For an additional amount to be deposited in the ``Federal Buildings
Fund'', $275,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That the amount provided under this heading
in this Act may be used to reimburse the Fund for obligations incurred
for this purpose prior to the date of the enactment of this Act:
Provided further, That such amount may be transferred to, and merged
with, accounts within the Federal Buildings Fund in amounts necessary
to cover costs incurred to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided further, That
the Administrator of General Services shall notify the Committees on
Appropriations of the House of Representatives and the Senate quarterly
on the obligations and expenditures of the funds provided by this Act
by account of the Federal Buildings Fund: Provided further, That funds
made available to the Administrator in this or any previous Act shall
not be subject to section 3307 of title 40, United States Code, for the
acquisition of space necessary to prevent, prepare for, or respond to
coronavirus, domestically or internationally: Provided further, That
no action taken by the Administrator to acquire real property and
interests in real property or to improve real property in response to
coronavirus shall be deemed a Federal action or undertaking and subject
to review under the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), or the National Historic Preservation
Act of 1966, as amended (54 U.S.C. 300101 et seq.), respectively:
Provided further, That such amount is designated by the 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.
general activities
federal citizen services fund
(including transfer of funds)
For an additional amount to be deposited in the ``Federal Citizen
Services Fund'', $18,650,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
working capital fund
For an additional amount for ``Working Capital Fund'', $1,500,000,
to remain available until expended, to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided,
That such amount is designated by the 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.
administrative provision--general services administration
Sec. 15003. Notwithstanding 41 U.S.C. 3304(a)(7)(B), the
Administrator, when making a determination that use of noncompetitive
procedures is necessary for public interest in accordance with 41
U.S.C. 3304(a)(7)(A) in response to a public health emergency
declaration by the Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247(d)), is required to
notify Congress in writing of that determination not less than 3 days
prior to the award of the contract.
National Archives and Records Administration
operating expenses
For an additional amount for ``Operating Expenses'', $8,100,000, to
remain available until September 30, 2021, to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided,
That the amount provided under this heading in this Act may be used to
provide expenses of the Federal Records Center Program for preventing,
preparing for, and responding to coronavirus, domestically or
internationally: Provided further, That such amount is designated by
the 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.
Office of Personnel Management
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$12,100,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including technologies for digital case management,
short-term methods to allow electronic submissions of retirement
application packages in support of paper-based business operations, and
increased telecommunications: Provided, That such amount is designated
by the 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.
Pandemic Response Accountability Committee
For an additional amount for ``Pandemic Response Accountability
Committee'', $80,000,000, to remain available until expended, to
promote transparency and support oversight of funds provided in this
Act to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, That such amount is designated by the
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.
Small Business Administration
disaster loans program account
(including transfers of funds)
For an additional amount for the ``Disaster Loans Program
Account'', $562,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, for the cost of direct loans authorized by section
7(b) of the Small Business Act and for administrative expenses to carry
out the disaster loan program authorized by section 7(b) of the Small
Business Act: Provided, That the amounts provided under this heading
in this Act may be transferred to, and merged with, ``Small Business
Administration--Salaries and Expenses'' to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided
further, That such amount is designated by the 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.
GENERAL PROVISIONS--THIS TITLE
pandemic response accountability committee
Sec. 15010. (a) In this section--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(2) the term ``appropriate congressional committees'' means--
(A) the Committees on Appropriations of the Senate and the
House of Representatives;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Oversight and Reform of the House of
Representatives; and
(D) any other relevant congressional committee of
jurisdiction;
(3) the term ``Chairperson'' means the Chairperson of the
Committee;
(4) the term ``Council'' means the Council of the Inspectors
General on Integrity and Efficiency established under section 11 of
the Inspector General Act of 1978 (5 U.S.C. App);
(5) the term ``Committee'' means the Pandemic Response
Accountability Committee established under subsection (b);
(6) the term ``covered funds'' means any funds, including
loans, that are made available in any form to any non-Federal
entity, not including an individual, under--
(A) this Act;
(B) the Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020 (Public Law 116-123);
(C) the Families First Coronavirus Response Act (Public Law
116-127); or
(D) any other Act primarily making appropriations for the
Coronavirus response and related activities; and
(7) the term ``Coronavirus response'' means the Federal
Government's response to the nationwide public health emergency
declared by the Secretary of Health and Human Services, retroactive
to January 27, 2020, pursuant to section 319 of the Public Health
Service Act (42 U.S.C. 247d), as a result of confirmed cases of the
novel coronavirus (COVID-19) in the United States.
(b) There is established within the Council the Pandemic Response
Accountability Committee to promote transparency and conduct and
support oversight of covered funds and the Coronavirus response to--
(1) prevent and detect fraud, waste, abuse, and mismanagement;
and
(2) mitigate major risks that cut across program and agency
boundaries.
(c)(1) The Chairperson of the Committee shall be selected by the
Chairperson of the Council from among Inspectors General described in
subparagraphs (B), (C), and (D) of paragraph (2) with experience
managing oversight of large organizations and expenditures.
(2) The members of the Committee shall include--
(A) the Chairperson;
(B) the Inspectors General of the Departments of Defense,
Education, Health and Human Services, Homeland Security, Justice,
Labor, and the Treasury;
(C) the Inspector General of the Small Business Administration;
(D) the Treasury Inspector General for Tax Administration; and
(E) any other Inspector General, as designated by the
Chairperson from any agency that expends or obligates covered funds
or is involved in the Coronavirus response.
(3)(A) There shall be an Executive Director and a Deputy Executive
Director of the Committee.
(B)(i)(I) Not later than 30 days after the date of enactment of
this Act, the Executive Director of the Committee shall be appointed by
the Chairperson of the Council, in consultation with the majority
leader of the Senate, the Speaker of the House of Representatives, the
minority leader of the Senate, and the minority leader of the House of
Representatives.
(II) Not later than 90 days after the date of enactment of this
Act, the Deputy Executive Director of the Committee shall be appointed
by the Chairperson of the Council, in consultation with the majority
leader of the Senate, the Speaker of the House of Representatives, the
minority leader of the Senate, the minority leader of the House of
Representatives, and the Executive Director of the Committee.
(ii) The Executive Director and the Deputy Executive Director of
the Committee shall--
(I) have demonstrated ability in accounting, auditing, and
financial analysis;
(II) have experience managing oversight of large organizations
and expenditures; and
(III) be full-time employees of the Committee.
(C) The Executive Director of the Committee shall--
(i) report directly to the Chairperson;
(ii) appoint staff of the Committee, subject to the approval of
the Chairperson, consistent with subsection (f);
(iii) supervise and coordinate Committee functions and staff;
and
(iv) perform any other duties assigned to the Executive
Director by the Committee.
(4)(A) Members of the Committee may not receive additional
compensation for services performed.
(B) The Executive Director and Deputy Executive Director of the
Committee shall be compensated at the rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(d)(1)(A) The Committee shall conduct and coordinate oversight of
covered funds and the Coronavirus response and support Inspectors
General in the oversight of covered funds and the Coronavirus response
in order to--
(i) detect and prevent fraud, waste, abuse, and mismanagement;
and
(ii) identify major risks that cut across programs and agency
boundaries.
(B) The functions of the Committee shall include--
(i) developing a strategic plan to ensure coordinated,
efficient, and effective comprehensive oversight by the Committee
and Inspectors General over all aspects of covered funds and the
Coronavirus response;
(ii) auditing or reviewing covered funds, including a
comprehensive audit and review of charges made to Federal contracts
pursuant to authorities provided in the Coronavirus Aid, Relief,
and Economic Security Act, to determine whether wasteful spending,
poor contract or grant management, or other abuses are occurring
and referring matters the Committee considers appropriate for
investigation to the Inspector General for the agency that
disbursed the covered funds, including conducting randomized audits
to identify fraud;
(iii) reviewing whether the reporting of contracts and grants
using covered funds meets applicable standards and specifies the
purpose of the contract or grant and measures of performance;
(iv) reviewing the economy, efficiency, and effectiveness in
the administration of, and the detection of fraud, waste, abuse,
and mismanagement in, Coronavirus response programs and operations;
(v) reviewing whether competition requirements applicable to
contracts and grants using covered funds have been satisfied;
(vi) serving as a liaison to the Director of the Office of
Management and Budget, the Secretary of the Treasury, and other
officials responsible for implementing the Coronavirus response;
(vii) reviewing whether there are sufficient qualified
acquisition, grant, and other applicable personnel overseeing
covered funds and the Coronavirus response;
(viii) reviewing whether personnel whose duties involve the
Coronavirus response or acquisitions or grants made with covered
funds or are otherwise related to the Coronavirus response receive
adequate training, technology support, and other resources;
(ix) reviewing whether there are appropriate mechanisms for
interagency collaboration relating to the oversight of covered
funds and the Coronavirus response, including coordinating and
collaborating to the extent practicable with State and local
government entities;
(x) expeditiously reporting to the Attorney General any
instance in which the Committee has reasonable grounds to believe
there has been a violation of Federal criminal law; and
(xi) coordinating and supporting Inspectors General on matters
related to oversight of covered funds and the Coronavirus response.
(2)(A)(i) The Committee shall submit to the President and Congress,
including the appropriate congressional committees, management alerts
on potential management, risk, and funding problems that require
immediate attention.
(ii) The Committee shall submit to Congress such other reports or
provide such periodic updates on the work of the Committee as the
Committee considers appropriate on the use of covered funds and the
Coronavirus response.
(B) The Committee shall submit biannual reports to the President
and Congress, including the appropriate congressional committees, and
may submit additional reports as appropriate--
(i) summarizing the findings of the Committee; and
(ii) identifying and quantifying the impact of any tax
expenditures or credits authorized under this Act to the extent
practicable.
(C)(i) All reports submitted under this paragraph shall be made
publicly available and posted on the website established under
subsection (g).
(ii) Any portion of a report submitted under this paragraph may be
redacted when made publicly available, if that portion would disclose
information that is not subject to disclosure under sections 552 and
552a of title 5, United States Code, or is otherwise prohibited from
disclosure by law.
(3)(A) The Committee shall make recommendations to agencies on
measures to prevent or address fraud, waste, abuse and mismanagement,
and to mitigate risks that cut across programs and agency boundaries,
relating to covered funds and the Coronavirus response.
(B) Not later than 30 days after receipt of a recommendation under
subparagraph (A), an agency shall submit a report to the President and
the appropriate congressional committees on--
(i) whether the agency agrees or disagrees with the
recommendations; and
(ii) any actions the agency will take to implement the
recommendations, which shall also be included in the report
required under section 2(b) of the GAO-IG Act (31 U.S.C. 1105
note).
(e)(1) The Committee shall conduct audits and reviews of programs,
operations, and expenditures relating to covered funds and the
Coronavirus response and coordinate on such activities with the
Inspector General of the relevant agency to avoid unnecessary
duplication and overlap of work.
(2) The Committee may--
(A) conduct its own independent investigations, audits, and
reviews relating to covered funds or the Coronavirus response;
(B) collaborate on audits and reviews relating to covered funds
with any Inspector General of an agency; and
(C) provide support to relevant agency Inspectors General in
conducting investigations, audits, and reviews relating to the
covered funds and Coronavirus response.
(3)(A) In conducting and supporting investigations, audits, and
reviews under this subsection, the Committee--
(i) shall have the authorities provided under section 6 of the
Inspector General Act of 1978 (5 U.S.C. App.);
(ii) may issue subpoenas to compel the testimony of persons who
are not Federal officers or employees; and
(iii) may enforce such subpoenas in the event of a refusal to
obey by order of any appropriate United States district court as
provided for under section 6 of the Inspector General Act of 1978
(5 U.S.C. App).
(B) The Committee shall carry out the powers under paragraphs (1)
and (2) in accordance with section 4(b)(1) of the Inspector General Act
of 1978 (5 U.S.C. App.).
(C) Whenever information or assistance requested by the Committee
or an Inspector General is unreasonably refused or not provided, the
Committee shall immediately report the circumstances to the appropriate
congressional committees.
(D) The Committee shall leverage existing information technology
resources within the Council, such as oversight.gov, to carry out the
duties of the Committee.
(4)(A) The Committee may hold public hearings and Committee
personnel may conduct necessary inquiries.
(B) The head of each agency shall make all officers and employees
of that agency available to provide testimony to the Committee and
Committee personnel.
(C) The Committee may issue subpoenas to compel the testimony of
persons who are not Federal officers or employees at such public
hearings, which may be enforced in the same manner as provided for
subpoenas under section 6 of the Inspector General Act of 1978 (5
U.S.C. App.).
(5) The Committee may enter into contracts to enable the Committee
to discharge its duties, including contracts and other arrangements for
audits, studies, analyses, and other services with public agencies and
with private persons, and make such payments as may be necessary to
carry out the duties of the Committee.
(6) The Committee may establish subcommittees to facilitate the
ability of the Committee to discharge its duties.
(7) The Committee may transfer funds appropriated to the Committee
for expenses to support administrative support services and audits,
reviews, or other activities related to oversight by the Committee of
covered funds or the Coronavirus response to any Office of the
Inspector General or the General Services Administration.
(f)(1)(A)(i) Subject to subparagraph (B), the Committee may
exercise the authorities of subsections (b) through (i) of section 3161
of title 5, United States Code (without regard to subsection (a) of
that section) to carry out the functions of the Committee under this
section.
(ii) For purposes of exercising the authorities described under
clause (i), the term ``Chairperson'' shall be substituted for the term
``head of a temporary organization''.
(iii) In exercising the authorities described in clause (i), the
Chairperson shall consult with members of the Committee.
(iv) In addition to the authority provided by section 3161(c) of
title 5, United States Code, upon the request of an Inspector General,
the Committee may detail, on a nonreimbursable basis, any personnel of
the Council to that Inspector General to assist in carrying out any
audit, review, or investigation pertaining to the oversight of covered
funds or the Coronavirus response.
(B) In exercising the employment authorities under section 3161(b)
of title 5, United States Code, as provided under subparagraph (A) of
this paragraph--
(i) section 3161(b)(2) of that title (relating to periods of
appointments) shall not apply; and
(ii) no period of appointment may exceed the date on which the
Committee terminates.
(C)(i) A person employed by the Committee shall acquire competitive
status for appointment to any position in the competitive service for
which the employee possesses the required qualifications upon the
completion of 2 years of continuous service as an employee under this
subsection.
(ii) No person who is first employed as described in clause (i)
more than 2 years after the date of enactment of this Act may acquire
competitive status under clause (i).
(2)(A) The Committee may employ annuitants covered by section
9902(g) of title 5, United States Code, for purposes of the oversight
of covered funds or the Coronavirus response.
(B) The employment of annuitants under this paragraph shall be
subject to the provisions of section 9902(g) of title 5, United States
Code, as if the Committee was the Department of Defense.
(3) Upon request of the Committee for information or assistance
from any agency or other entity of the Federal Government, the head of
such entity shall, insofar as is practicable and not in contravention
of any existing law, and consistent with section 6 of the Inspector
General Act of 1978 (5 U.S.C. App.), furnish such information or
assistance to the Committee, or an authorized designee, including an
Inspector General designated by the Chairperson.
(4) Any Inspector General responsible for conducting oversight
related to covered funds or the Coronavirus response may, consistent
with the duties, responsibilities, policies, and procedures of the
Inspector General, provide information requested by the Committee or an
Inspector General on the Committee relating to the responsibilities of
the Committee.
(g)(1)(A) Not later than 30 days after the date of enactment of
this Act, the Committee shall establish and maintain a user-friendly,
public-facing website to foster greater accountability and transparency
in the use of covered funds and the Coronavirus response, which shall
have a uniform resource locator that is descriptive and memorable.
(B) The Committee shall leverage existing information technology
and resources, such as oversight.gov, to the greatest extent
practicable to meet the requirements under this section.
(2) The website established and maintained under paragraph (1)
shall be a portal or gateway to key information relating to the
oversight of covered funds and the Coronavirus response and provide
connections to other Government websites with related information.
(3) In establishing and maintaining the website under paragraph
(1), the Committee shall ensure the following:
(A) The website shall provide materials and information
explaining the Coronavirus response and how covered funds are being
used. The materials shall be easy to understand and regularly
updated.
(i) The website shall provide accountability information,
including findings from Inspectors General, including any progress
reports, audits, inspections, or other reports, including reports
from or links to reports on the website of the Government
Accountability Office.
(ii) The website shall provide data on relevant operational,
economic, financial, grant, subgrant, contract, and subcontract
information in user-friendly visual presentations to enhance public
awareness of the use of covered funds and the Coronavirus response.
(iii) The website shall provide detailed data on any Federal
Government awards that expend covered funds, including a unique
trackable identification number for each project, information about
the process that was used to award the covered funds, and for any
covered funds over $150,000, a detailed explanation of any
associated agreement, where applicable.
(iv) The website shall include downloadable, machine-readable,
open format reports on covered funds obligated by month to each
State and congressional district, where applicable.
(v) The website shall provide a means for the public to give
feedback on the performance of any covered funds and of the
Coronavirus response, including confidential feedback.
(vi) The website shall include detailed information on Federal
Government awards that expend covered funds, including data
elements required under the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note), allowing aggregate
reporting on awards below $50,000, as prescribed by the Director of
the Office of Management and Budget.
(vii) The website shall provide a link to estimates of the jobs
sustained or created by this Act to the extent practicable.
(viii) The website shall include appropriate links to other
government websites with information concerning covered funds and
the Coronavirus response, including Federal agency and State
websites.
(ix) The website shall include a plan from each Federal agency
for using covered funds.
(x) The website shall provide information on Federal
allocations of mandatory and other entitlement programs by State,
county, or other geographical unit related to covered funds or the
Coronavirus response.
(xi) The website shall present the data such that funds
subawarded by recipients are not double counted in search results,
data visualizations, or other reports.
(xii) The website shall include all recommendations made to
agencies relating to covered funds and the Coronavirus response, as
well as the status of each recommendation.
(xiii) The website shall be enhanced and updated as necessary
to carry out the purposes of this section.
(4) The Committee may exclude posting contractual or other
information on the website on a case-by-case basis when necessary to
protect national security or to protect information that is not subject
to disclosure under sections 552 and 552a of title 5, United States
Code.
(h)(1) Nothing in this section shall affect the independent
authority of an Inspector General to determine whether to conduct an
audit or investigation of covered funds or the Coronavirus response.
(2) If the Committee requests that an Inspector General of an
agency conduct or refrain from conducting an audit or investigation and
the Inspector General rejects the request in whole or in part, the
Inspector General shall, not later than 30 days after rejecting the
request, submit a report to the Committee, the head of the applicable
agency, and the appropriate congressional committees, that states the
reasons that the Inspector General has rejected the request in whole or
in part.
(i) The Committee shall coordinate its oversight activities with
the Comptroller General of the United States and State auditors.
(j) For the purposes of carrying out the mission of the Committee
under this section, there are authorized to be appropriated such sums
as may be necessary to carry out the duties and functions of the
Committee.
(k) The Committee shall terminate on September 30, 2025.
reporting on use of funds
Sec. 15011. (a) In this section--
(1) the terms ``agency'', ``appropriate congressional
committees'', ``Committee'', ``covered funds'', and ``Coronavirus
response'' have the meanings given those terms in section 15010;
(2) the term ``covered recipient''--
(A) means any entity that receives large covered funds; and
(B) includes any State, the District of Columbia, and any
territory or possession of the United States; and
(3) the term ``large covered funds'' means covered funds that
amount to more than $150,000.
(b)(1)(A) On a monthly basis until September 30, 2021, each agency
shall report to the Director of the Office of Management and Budget,
the Bureau of Fiscal Service in the Department of the Treasury, the
Committee, and the appropriate congressional committees on any
obligation or expenditure of large covered funds, including loans and
awards.
(B) Not later than 90 days after the date of enactment of this Act,
each agency shall submit to the Committee a plan describing how the
agency will use covered funds.
(2) Not later than 10 days after the end of each calendar quarter,
each covered recipient shall submit to the agency and the Committee a
report that contains--
(A) the total amount of large covered funds received from the
agency;
(B) the amount of large covered funds received that were
expended or obligated for each project or activity;
(C) a detailed list of all projects or activities for which
large covered funds were expended or obligated, including--
(i) the name of the project or activity;
(ii) a description of the project or activity; and
(iii) the estimated number of jobs created or retained by
the project or activity, where applicable; and
(D) detailed information on any level of subcontracts or
subgrants awarded by the covered recipient or its subcontractors or
subgrantees, to include the data elements required to comply with
the Federal Funding Accountability and Transparency Act of 2006 (31
U.S.C. 6101 note) allowing aggregate reporting on awards below
$50,000 or to individuals, as prescribed by the Director of the
Office of Management and Budget.
(3) Not later than 30 days after the end of each calendar quarter,
the Committee, in consultation with the agency that made large covered
funds available to any covered recipient shall make the information in
reports submitted under paragraph (2) publicly available by posting the
information on the website established under section 15010(g).
(4)(A) Each agency, in coordination with the Committee and the
Director of the Office of Management and Budget shall provide user-
friendly means for covered recipients to meet requirements of this
subsection.
(B) Federal agencies may use existing mechanisms to ensure that
information under this subsection is reported accurately.
(c)(1) The Director of the Office of Management and Budget, in
consultation with the Secretary of the Treasury, the Administrator of
the Small Business Administration, and the Chairperson of the Council
of Economic Advisors, shall submit to the appropriate congressional
committees and publicly release on the website established under
section 15010(g) quarterly reports that detail the impact of programs
funded through large covered funds on employment, estimated economic
growth, and other key economic indicators, including information about
impacted industries.
(2)(A) The first report submitted under paragraph (1) shall be
submitted not later than 45 days after the end of the first full
quarter following the date of enactment of this Act.
(B) The last report required to be submitted under paragraph (1)
shall apply to the quarter in which the Committee terminates.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
Management Directorate
operations and support
For an additional amount for ``Operations and Support'',
$178,300,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, which shall be for the purchase of personal protective
equipment and sanitization materials: Provided, That funds provided
under this heading in this Act may be transferred by the Secretary of
Homeland Security between appropriations in the Department only for the
purchase of personal protective equipment and sanitization materials to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided further, That none of the funds made
available under this heading may be transferred pursuant to the
authority in section 503 of the Department of Homeland Security
Appropriations Act, 2020: Provided further, That the Department shall
provide notice of any transfer to the Committees on Appropriations of
the Senate and the House of Representatives not later than 5 days after
executing such transfer: Provided further, That such amount is
designated by the 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.
Transportation Security Administration
operations and support
For an additional amount for ``Operations and Support'',
$100,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, which shall be for cleaning and sanitization at
checkpoints and other airport common areas; overtime and travel costs;
and explosive detection materials: Provided, That such amount is
designated by the 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.
United States Coast Guard
operations and support
For an additional amount for ``Operations and Support'',
$140,800,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, which shall be for mobilization of reservists and
increasing the capability and capacity of Coast Guard information
technology systems and infrastructure: Provided, That such amount is
designated by the 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.
Cybersecurity and Infrastructure Security Agency
operations and support
For an additional amount for ``Operations and Support'',
$9,100,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, which shall be for support of interagency critical
infrastructure coordination and related activities: Provided, That
such amount is designated by the 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.
Federal Emergency Management Agency
operations and support
For an additional amount for ``Operations and Support'',
$44,987,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, which shall be for enhancements to information
technology and for facilities support: Provided, That such amount is
designated by the 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.
disaster relief fund
For an additional amount for ``Disaster Relief Fund'',
$45,000,000,000, to remain available until expended: Provided, That of
the amount provided under this heading in this Act, $25,000,000,000
shall be for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): Provided further, That of the amount provided under this
heading in this Act, $15,000,000,000 may be used for all purposes
authorized under such Act and may be used in addition to amounts
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That every 30 days the
Administrator shall provide the Committees on Appropriations of the
Senate and the House of Representatives both projected and actual costs
for funds provided under this heading for major disasters and any other
expenses: Provided further, That of the amounts provided under this
heading, $3,000,000 shall be transferred to ``Office of Inspector
General'' and shall remain available until expended for oversight of
activities supported by funds provided under this heading: Provided
further, That such amount is designated by the 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.
federal assistance
For an additional amount for ``Federal Assistance'', $400,000,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally: Provided,
That of the amount provided under this heading in this Act,
$100,000,000 shall be for Assistance to Firefighter Grants for the
purchase of personal protective equipment and related supplies,
including reimbursements; $100,000,000 shall be for Emergency
Management Performance Grants; and $200,000,000 shall be for the
Emergency Food and Shelter Program: Provided further, That such amount
is designated by the 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.
GENERAL PROVISIONS--THIS TITLE
Sec. 16001. Notwithstanding any other provision of law, funds made
available under each heading in this title, except for ``Federal
Emergency Management Agency--Disaster Relief Fund'', shall only be used
for the purposes specifically described under that heading.
Sec. 16002. Notwithstanding any other provision of law, any
amounts appropriated for ``Federal Emergency Management Agency--
Disaster Relief Fund'' in this Act are available only for the purposes
for which they were appropriated.
Sec. 16003. (a) Premium Pay Authority.--If services performed
during fiscal year 2020 are determined by the head of the agency to be
primarily related to preparation, prevention, or response to
coronavirus, any premium pay that is funded, either directly or through
reimbursement, by the Federal Emergency Management Agency shall be
exempted from the aggregate of basic pay and premium pay calculated
under section 5547(a) of title 5, United States Code, and any other
provision of law limiting the aggregate amount of premium pay payable
on a biweekly or calendar year basis.
(b) Overtime Authority.--Any overtime that is funded for such
services described in subsection (a), either directly or through
reimbursement, by the Federal Emergency Management Agency shall be
exempted from any annual limit on the amount of overtime payable in a
calendar or fiscal year.
(c) Applicability of Aggregate Limitation on Pay.--In determining
whether an employee's pay exceeds the applicable annual rate of basic
pay payable under section 5307 of title 5, United States Code, the head
of an Executive agency shall not include pay exempted under this
section.
(d) Limitation of Pay Authority.--Pay exempted from otherwise
applicable limits under subsection (a) shall not cause the aggregate
pay earned for the calendar year in which the exempted pay is earned to
exceed the rate of basic pay payable for a position at level II of the
Executive Schedule under section 5313 of title 5, United States Code.
(e) Effective Date.--This section shall take effect as if enacted
on January 1, 2020.
Sec. 16004. (a) Amounts provided for ``Coast Guard--Operations and
Support'' in the Consolidated Appropriations Act, 2020 (Public Law 116-
93) may be available for pay and benefits of Coast Guard Yard and
Vessel Documentation personnel, Non-Appropriated Funds personnel, and
for Morale, Welfare and Recreation Programs.
(b) No amounts may be used under this section from amounts that
were designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 16005. (a) Notwithstanding any other provision of law
regarding the licensure of health-care providers, a health-care
professional described in subsection (b) may practice the health
profession or professions of the health-care professional at any
location in any State, the District of Columbia, or Commonwealth,
territory, or possession of the United States, or any location
designated by the Secretary, regardless of where such health-care
professional or the patient is located, so long as the practice is
within the scope of the authorized Federal duties of such health-care
professional.
(b) Definition.--As used in this section, the term ``health-care
professional'' means an individual (other than a member of the Coast
Guard, a civilian employee of the Coast Guard, member of the Public
Health Service who is assigned to the Coast Guard, or an individual
with whom the Secretary, pursuant to 10 U.S.C. 1091, has entered into a
personal services contract to carry out health care responsibilities of
the Secretary at a medical treatment facility of the Coast Guard) who--
(1) is--
(A) an employee of the Department of Homeland Security,
(B) a detailee to the Department from another Federal
agency,
(C) a personal services contractor of the Department, or
(D) hired under a Contract for Services;
(2) performs health care services as part of duties of the
individual in that capacity;
(3) has a current, valid, and unrestricted equivalent license
certification that is--
(A) issued by a State, the District of Columbia, or a
Commonwealth, territory, or possession of the United States;
and
(B) for the practice of medicine, osteopathic medicine,
dentistry, nursing, emergency medical services, or another
health profession; and
(4) is not affirmatively excluded from practice in the
licensing or certifying jurisdiction or in any other jurisdiction.
(c) Subsection (a) shall apply during the incident period of the
emergency declared by the President on March 13, 2020, pursuant to
section 501(b) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121(b)), and to any subsequent major
declaration under section 401 of such Act that supersedes such
emergency declaration.
Sec. 16006. The Secretary of Homeland Security, under the
authority granted under section 205(b) of the REAL ID Act of 2005
(Public Law 109-13; 49 U.S.C. 30301 note) shall extend the deadline by
which States are required to meet the driver license and identification
card issuance requirements under section 202(a)(1) of such Act until
not earlier than September 30, 2021.
Sec. 16007. Section 5 of the Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 6
U.S.C. 621 note) is amended by striking ``the date that is 5 years and
3 months after the effective date of this Act'' and inserting ``July
23, 2020'': Provided, That the amount provided by this section is
designated by the 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.
TITLE VII
DEPARTMENT OF THE INTERIOR
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For an additional amount for ``Operation of Indian Programs'',
$453,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including, but not limited to, funds for public safety
and justice programs, executive direction to carry out deep cleaning of
facilities, purchase of personal protective equipment, purchase of
information technology to improve teleworking capability, welfare
assistance and social services programs (including assistance to
individuals), and assistance to tribal governments, including tribal
governments who participate in the ``Small and Needy'' program:
Provided, That amounts received from funds provided under this heading
in this Act for welfare assistance programs shall not be included in
the statutory maximum for welfare assistance funds included in Public
Law 116-94, the Further Consolidated Appropriations Act, 2020:
Provided further, That assistance received from funds provided under
this heading in this Act shall not be included in the calculation of
funds received by those tribal governments who participate in the
``Small and Needy'' program: Provided further, That of the amounts
provided under this heading in this Act, not less than $400,000,000
shall be made available to meet the direct needs of tribes: Provided
further, That amounts provided under this heading in this Act may be
made available for distribution through tribal priority allocations for
tribal response and capacity building activities: Provided further,
That funds provided under this heading in this Act, if transferred to
tribes and tribal organizations under the Indian Self-Determination and
Education Assistance Act, will be transferred on a one-time basis and
that these non-recurring funds are not part of the amount required by
25 U.S.C. Sec. 5325: Provided further, That such amount is designated
by the 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.
bureau of indian education
operation of indian education programs
For an additional amount for ``Operation of Indian Education
Programs'', $69,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally, including, but not limited to, funding for tribal
colleges and universities, salaries, transportation, and information
technology: Provided, That of the amounts provided in this paragraph,
not less than $20,000,000 shall be for tribal colleges and
universities: Provided further, That such amount is designated by the
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.
Departmental Offices
Office of the Secretary
departmental operations
(including transfers of funds)
For an additional amount for ``Departmental Operations'',
$158,400,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including, but not limited to, funds for purchasing
equipment and supplies to disinfect and clean buildings and public
areas, supporting law enforcement and emergency management operations,
biosurveillance of wildlife and environmental persistence studies,
employee overtime and special pay expenses, and other response,
mitigation, or recovery activities: Provided, That funds appropriated
under this heading in this Act shall be used to absorb increased
operational costs necessary to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided further, That
the Secretary of the Interior may transfer the funds provided under
this heading in this Act to any other account in the Department to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, and may expend such funds directly or through
cooperative agreements: Provided further, That the Secretary shall
provide a monthly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these funds by account, beginning not later than 90 days
after enactment of this Act: Provided further, That as soon as
practicable after the date of enactment of this Act, the Secretary
shall transfer $1,000,000 to the Office of the Inspector General,
``Salaries and Expenses'' account for oversight activities related to
the implementation of programs, activities or projects funded herein:
Provided further, That such amount is designated by the 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.
Insular Affairs
assistance to territories
For an additional amount for ``Assistance to Territories'',
$55,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, for general technical assistance: Provided, That such
amount is designated by the 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.
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For an additional amount for ``Science and Technology'',
$2,250,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That of the amount provided under this
heading in this Act, $750,000 shall be for necessary expenses for
cleaning and disinfecting equipment or facilities of, or for use by,
the Environmental Protection Agency, and $1,500,000 shall be for
research on methods to reduce the risks from environmental transmission
of coronavirus via contaminated surfaces or materials: Provided
further, That such amount is designated by the 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.
Environmental Programs and Management
For an additional amount for ``Environmental Programs and
Management'', $3,910,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That of the amount provided under this
heading in this Act, $2,410,000 shall be for necessary expenses for
cleaning and disinfecting equipment or facilities of, or for use by,
the Environmental Protection Agency, and operational continuity of
Environmental Protection Agency programs and related activities, and
$1,500,000 shall be for expediting registration and other actions
related to pesticides to address coronavirus: Provided further, That
such amount is designated by the 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.
Buildings and Facilities
For an additional amount for ``Buildings and Facilities'',
$300,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That the funds provided under this heading
in this Act shall be for necessary expenses for cleaning and
disinfecting equipment or facilities of, or for use by, the
Environmental Protection Agency: Provided further, That such amount is
designated by the 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.
Hazardous Substance Superfund
For an additional amount for ``Hazardous Substance Superfund'',
$770,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That the funds provided under this heading
in this Act shall be for necessary expenses for cleaning and
disinfecting equipment or facilities of, or for use by, the
Environmental Protection Agency: Provided further, That such amount is
designated by the 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.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'',
$3,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including for the reestablishment of abandoned or
failed experiments associated with employee restrictions due to the
coronavirus outbreak: Provided, That amounts provided under this
heading in this Act shall be allocated at the discretion of the Chief
of the Forest Service: Provided further, That such amount is
designated by the 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.
national forest system
For an additional amount for ``National Forest System'',
$34,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including for cleaning and disinfecting of public
recreation amenities and for personal protective equipment and baseline
health testing for first responders: Provided, That amounts provided
under this heading in this Act shall be allocated at the discretion of
the Chief of the Forest Service: Provided further, That such amount is
designated by the 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.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $26,800,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus, domestically
or internationally, including for janitorial services: Provided, That
amounts provided under this heading in this Act shall be allocated at
the discretion of the Chief of the Forest Service: Provided further,
That such amount is designated by the 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.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$7,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including for personal protective equipment and
baseline health testing for first responders: Provided, That amounts
provided under this heading in this Act shall be allocated at the
discretion of the Chief of the Forest Service: Provided further, That
such amount is designated by the 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.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
(including transfers of funds)
For an additional amount for ``Indian Health Services'',
$1,032,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, including for public health support, electronic health
record modernization, telehealth and other information technology
upgrades, Purchased/Referred Care, Catastrophic Health Emergency Fund,
Urban Indian Organizations, Tribal Epidemiology Centers, Community
Health Representatives, and other activities to protect the safety of
patients and staff: Provided, That of the amount provided under this
heading in this Act, up to $65,000,000 is for electronic health record
stabilization and support, including for planning and tribal
consultation: Provided further, That of amounts provided under this
heading in this Act, not less than $450,000,000 shall be distributed
through IHS directly operated programs and to tribes and tribal
organizations under the Indian Self-Determination and Education
Assistance Act and through contracts or grants with urban Indian
organizations under title V of the Indian Health Care Improvement Act:
Provided further, That any amounts provided in this paragraph not
allocated pursuant to the preceding proviso shall be allocated at the
discretion of the Director of the Indian Health Service: Provided
further, That of the funds provided herein, up to $125,000,000 may be
transferred to and merged with the ``Indian Health Service, Indian
Health Facilities'' appropriation at the discretion of the Director for
the purposes specified in this Act: Provided further, That amounts
provided under this heading in this Act, if transferred to tribes and
tribal organizations under the Indian Self-Determination and Education
Assistance Act, will be transferred on a one-time basis and that these
non-recurring funds are not part of the amount required by 25 U.S.C.
Sec. 5325, and that such amounts may only be used for the purposes
identified under this heading notwithstanding any other provision of
law: Provided further, That such amount is designated by the 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.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For an additional amount for ``Toxic Substances and Environmental
Public Health'', $12,500,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, That $7,500,000 of the funds provided
under this heading in this Act shall be for necessary expenses of the
Geospatial Research, Analysis and Services Program to support spatial
analysis and Geographic Information System mapping of infectious
disease hot spots, including cruise ships: Provided further, That
$5,000,000 of the funds provided under this heading in this Act shall
be for necessary expenses for awards to Pediatric Environmental Health
Specialty Units and state health departments to provide guidance and
outreach on safe practices for disinfection for home, school, and
daycare facilities: Provided further, That such amount is designated
by the 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.
OTHER RELATED AGENCIES
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For an additional amount for ``Payment to the Institute'', $78,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally: Provided,
That such amount is designated by the 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.
Smithsonian Institution
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $7,500,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
funding for deep cleaning, security, information technology, and staff
overtime: Provided, That such amount is designated by the 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.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For an additional amount for ``Operations and Maintenance'',
$25,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including funding for deep cleaning and information
technology to improve telework capability and for operations and
maintenance requirements related to the consequences of coronavirus:
Provided, That notwithstanding the provisions of 20 U.S.C. 76h et seq.,
funds provided under this heading in this Act shall be made available
to cover operating expenses required to ensure the continuity of the
John F. Kennedy Center for the Performing Arts and its affiliates,
including for employee compensation and benefits, grants, contracts,
payments for rent or utilities, fees for artists or performers,
information technology, and other administrative expenses: Provided
further, That no later than October 31, 2020, the Board of Trustees of
the Center shall submit a report to the Committees on Appropriations of
the House of Representatives and Senate that includes a detailed
explanation of the distribution of the funds provided herein: Provided
further, That such amount is designated by the 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.
National Foundation on the Arts and Humanities
National Endowment for the Arts
grants and administration
For an additional amount for ``Grants and Administration'',
$75,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, to be distributed in grants: Provided, That such
funds are available under the same terms and conditions as grant
funding appropriated to this heading in Public Law 116-94: Provided
further, That 40 percent of such funds shall be distributed to State
arts agencies and regional arts organizations and 60 percent of such
funds shall be for direct grants: Provided further, That
notwithstanding any other provision of law, such funds may also be used
by the recipients of such grants for purposes of the general operations
of such recipients: Provided further, That the matching requirements
under subsections (e), (g)(4)(A), and (p)(3) of section 5 of the
National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C.
954) may be waived with respect to such grants: Provided further, That
such amount is designated by the 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.
National Endowment for the Humanities
grants and administration
For an additional amount for ``Grants and Administration'',
$75,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, to be distributed in grants: Provided, That such
funds are available under the same terms and conditions as grant
funding appropriated to this heading in Public Law 116-94: Provided
further, That 40 percent of such funds shall be distributed to state
humanities councils and 60 percent of such funds shall be for direct
grants: Provided further, That notwithstanding any other provision of
law, such funds may also be used by the recipients of such grants for
purposes of the general operations of such recipients: Provided
further, That the matching requirements under subsection (h)(2)(A) of
section 7 of the National Foundation on the Arts and Humanities Act of
1965 may be waived with respect to such grants: Provided further, That
such amount is designated by the 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.
TITLE VIII
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment Services'',
$345,000,000, to remain available through September 30, 2022, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, for necessary expenses for the dislocated workers
assistance national reserve: Provided, That the funds provided under
this heading in this Act may be used to replace grant funds previously
obligated to the impacted areas: Provided further, That such amount is
designated by the 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.
Departmental Management
salaries and expenses
(including transfer of funds)
For an additional amount for ``Departmental Management'',
$15,000,000, to remain available through September 30, 2022, to
prevent, prepare for, and respond to coronavirus, including to enforce
worker protection laws and regulations, and to oversee and coordinate
activities related to division C, division D, division E, and division
F of Public Law 116-127: Provided, That the Secretary of Labor may
transfer the amounts provided under this heading in this Act as
necessary to ``Employee Benefits Security Administration'', ``Wage and
Hour Division'', ``Occupational Safety and Health Administration'', and
``Employment and Training Administration--Program Administration'' to
prevent, prepare for, and respond to coronavirus, including for
enforcement, oversight, and coordination activities in those accounts:
Provided further, That of the amount provided under this heading in
this Act, $1,000,000, to remain available until expended, shall be
transferred to ``Office of Inspector General'' for oversight of
activities related to Public Law 116-127 and for oversight activities
supported with funds appropriated to the Department of Labor to
prevent, prepare for, and respond to coronavirus: Provided further,
That 15 days prior to transferring any funds pursuant to the previous
provisos under the heading in this Act, the Secretary shall provide to
the Committees on Appropriations of the House of Representatives and
the Senate an operating plan describing the planned uses of each amount
proposed to be transferred: Provided further, That such amount is
designated by the 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.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and Program
Support'', $4,300,000,000, to remain available until September 30,
2024, to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, That not less than $1,500,000,000 of the
amount provided under this heading in this Act shall be for grants to
or cooperative agreements with States, localities, territories, tribes,
tribal organizations, urban Indian health organizations, or health
service providers to tribes, including to carry out surveillance,
epidemiology, laboratory capacity, infection control, mitigation,
communications, and other preparedness and response activities:
Provided further, That every grantee that received a Public Health
Emergency Preparedness grant for fiscal year 2019 shall receive not
less than 100 percent of that grant level from funds provided in the
first proviso under this heading in this Act: Provided further, That
of the amount in the first proviso, not less than $125,000,000 shall be
allocated to tribes, tribal organizations, urban Indian health
organizations, or health service providers to tribes: Provided
further, That the Director of the Centers for Disease Control and
Prevention (``CDC'') may satisfy the funding thresholds outlined in the
preceding two provisos by making awards through other grant or
cooperative agreement mechanisms: Provided further, That of the amount
provided under this heading in this Act, not less than $500,000,000
shall be for global disease detection and emergency response: Provided
further, That of the amount provided under this heading in this Act,
not less than $500,000,000 shall be for public health data surveillance
and analytics infrastructure modernization: Provided further, That CDC
shall report to the Committees on Appropriations of the House of
Representatives and the Senate on the development of a public health
surveillance and data collection system for coronavirus within 30 days
of enactment of this Act: Provided further, That of the amount
provided under this heading in this Act, $300,000,000 shall be
transferred to and merged with amounts in the Infectious Diseases Rapid
Response Reserve Fund (``Reserve Fund''), established by section 231 of
division B of Public Law 115-245: Provided further, That the Secretary
of Health and Human Services, in consultation with the Director of the
CDC, shall provide a report to the Committees on Appropriations of the
House of Representatives and the Senate every 14 days, for one year
from the date from any such declaration or determination described in
the third proviso of section 231 of division B of Public Law 115-245,
that details commitment and obligation information for the Reserve Fund
during the prior two weeks, as long as such report would detail
obligations in excess of $5,000,000, and upon the request by such
Committees: Provided further, That funds appropriated under this
heading in this Act may be used for grants for the rent, lease,
purchase, acquisition, construction, alteration, or renovation of non-
federally owned facilities to improve preparedness and response
capability at the State and local level: Provided further, That funds
provided under this heading in this Act may be used for purchase and
insurance of official motor vehicles in foreign countries: Provided
further, That such amount is designated by the 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.
National Institutes of Health
national heart, lung, and blood institute
For an additional amount for ``National Heart, Lung, and Blood
Institute'', $103,400,000, to remain available until September 30,
2024, to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, That such amount is designated by the
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.
national institute of allergy and infectious diseases
For an additional amount for ``National Institute of Allergy and
Infectious Diseases'', $706,000,000, to remain available until
September 30, 2024, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That not less
than $156,000,000 of the amounts provided under this heading in this
Act shall be provided for the study of, construction of, demolition of,
renovation of, and acquisition of equipment for, vaccine and infectious
diseases research facilities of or used by NIH, including the
acquisition of real property: Provided further, That such amount is
designated by the 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.
national institute of biomedical imaging and bioengineering
For an additional amount for ``National Institute of Biomedical
Imaging and Bioengineering'', $60,000,000, to remain available until
September 30, 2024, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
national library of medicine
For an additional amount for ``National Library of Medicine'',
$10,000,000, to remain available until September 30, 2024, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
national center for advancing translational sciences
For an additional amount for ``National Center for Advancing
Translational Sciences'', $36,000,000, to remain available until
September 30, 2024, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
office of the director
For an additional amount for ``Office of the Director'',
$30,000,000, to remain available until September 30, 2024, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That these funds shall be available for the
Common Fund established under section 402A(c)(1) of the PHS Act:
Provided further, That such amount is designated by the 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.
Substance Abuse and Mental Health Services Administration
health surveillance and program support
For an additional amount for ``Heath Surveillance and Program
Support'', $425,000,000, to remain available through September 30,
2021, to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, That of the amount appropriated under
this heading in this Act, not less than $250,000,000 is available for
Certified Community Behavioral Health Clinic Expansion Grant program:
Provided further, That of the amount appropriated under this heading in
this Act, not less than $50,000,000 shall be available for suicide
prevention programs: Provided further, That of the amount appropriated
under this heading in this Act, not less than $100,000,000 is available
for activities authorized under section 501(o) of the Public Health
Service Act: Provided further, That of the funding made available
under this heading in this Act, not less than $15,000,000 shall be
allocated to tribes, tribal organizations, urban Indian health
organizations, or health or behavioral health service providers to
tribes: Provided further, That such amount is designated by the
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.
Centers for Medicare & Medicaid Services
program management
For an additional amount for ``Program Management'', $200,000,000,
to remain available through September 30, 2023, to prevent, prepare
for, and respond to coronavirus, domestically and internationally:
Provided, That of the amount appropriated under this heading in this
Act, not less than $100,000,000 shall be available for necessary
expenses of the survey and certification program, prioritizing nursing
home facilities in localities with community transmission of
coronavirus: Provided further, That such amount is designated by the
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.
Administration for Children and Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy Assistance'',
$900,000,000, to remain available through September 30, 2021, to
prevent, prepare for, or respond to coronavirus, domestically or
internationally, for making payments under subsection (b) of section
2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.
8621 et seq.): Provided, That of the amount provided under this
heading in this Act, $225,000,000 shall be allocated as though the
total appropriation for such payments for fiscal year 2020 was less
than $1,975,000,000: Provided further, That section 2607(b)(2)(B) of
such Act (42 U.S.C. 8626(b)(2)(B)) shall not apply to funds made
available under this heading in this Act in fiscal year 2020: Provided
further, That such amount is designated by the 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.
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the Child
Care and Development Block Grant'', $3,500,000,000, to remain available
through September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including for federal
administrative expenses, which shall be used to supplement, not
supplant State, Territory, and Tribal general revenue funds for child
care assistance for low-income families within the United States
(including territories) without regard to requirements in sections
658E(c)(3)(D)-(E) or 658G of the Child Care and Development Block Grant
Act: Provided, That funds provided under this heading in this Act may
be used to provide continued payments and assistance to child care
providers in the case of decreased enrollment or closures related to
coronavirus, and to assure they are able to remain open or reopen as
appropriate and applicable: Provided further, That States,
Territories, and Tribes are encouraged to place conditions on payments
to child care providers that ensure that child care providers use a
portion of funds received to continue to pay the salaries and wages of
staff: Provided further, That the Secretary shall remind States that
CCDBG State plans do not need to be amended prior to utilizing existing
authorities in the CCDBG Act for the purposes provided herein:
Provided further, That States, Territories, and Tribes are authorized
to use funds appropriated under this heading in this Act to provide
child care assistance to health care sector employees, emergency
responders, sanitation workers, and other workers deemed essential
during the response to coronavirus by public officials, without regard
to the income eligibility requirements of section 658P(4) of such Act:
Provided further, That funds appropriated under this heading in this
Act shall be available to eligible child care providers under section
658P(6) of the CCDBG Act, even if such providers were not receiving
CCDBG assistance prior to the public health emergency as a result of
the coronavirus, for the purposes of cleaning and sanitation, and other
activities necessary to maintain or resume the operation of programs:
Provided further, That payments made under this heading in this Act may
be obligated in this fiscal year or the succeeding two fiscal years:
Provided further, That funds appropriated under this heading in this
Act may be made available to restore amounts, either directly or
through reimbursement, for obligations incurred to prevent, prepare
for, and respond to coronavirus, domestically or internationally, prior
to the date of enactment of this Act: Provided further, That such
amount is designated by the 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.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $1,874,000,000, to remain available through September 30,
2021, to prevent, prepare for, and respond to coronavirus, domestically
or internationally, which shall be used as follows: (1) $1,000,000,000
for carrying out activities under sections 674 through 679 of the
Community Services Block Grant Act, including for federal
administrative expenses, and of which no part shall be subject to
section 674(b)(3) of such Act: Provided, That to the extent Community
Services Block Grant funds are distributed as grant funds by a State to
an eligible entity as provided under such Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next two fiscal years for expenditure by such entity
consistent with program purpose: Provided further, That for services
furnished under such Act during fiscal years 2020 and 2021, States may
apply the last sentence of section 673(2) of such Act by substituting
``200 percent'' for ``125 percent''; (2) $750,000,000 for making
payments under the Head Start Act, including for Federal administrative
expenses, and allocated in an amount that bears the same ratio to such
portion as the number of enrolled children served by the agency
involved bears to the number of enrolled children by all Head Start
agencies: Provided further, That none of the funds appropriated in
this paragraph shall be included in the calculation of the ``base
grant'' in subsequent fiscal years, as such term is defined in sections
640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start Act:
Provided further, That funds appropriated in this paragraph are not
subject to the allocation requirements of section 640(a) of the Head
Start Act: Provided further, That up to $500,000,000 shall be
available for the purpose of operating supplemental summer programs
through non-competitive grant supplements to existing grantees
determined to be most ready to operate those programs by the Office of
Head Start; (3) $2,000,000 for the National Domestic Violence Hotline
as authorized by section 303(b) of the Family Violence Prevention and
Services Act: Provided further, That the Secretary may make such funds
available for providing hotline services remotely; (4) $45,000,000 for
Family Violence Prevention and Services formula grants as authorized by
section 303(a) of the Family Violence and Prevention and Services Act
with such funds available to grantees without regard to matching
requirements under section 306(c)(4) of such Act: Provided further,
That the Secretary may make such funds available for providing
temporary housing and assistance to victims of family, domestic, and
dating violence; (5) $25,000,000 for carrying out activities under the
Runaway and Homeless Youth Act: Provided further, That such amounts
shall be used to supplement, not supplant, existing funds and shall be
available without regard to matching requirements; (6) $45,000,000
shall be used for child welfare services as authorized by subpart 1 of
part B of title IV of the Social Security Act (other than sections 426,
427, and 429 of such subpart), with such funds available to grantees
without regard to matching requirements under section 424(a) of that
Act or any applicable reductions in federal financial participation
under section 424(f) of that Act; and (7) $7,000,000 for Federal
administrative expenses: Provided further, That funds appropriated
under this heading in this Act may be made available to restore
amounts, either directly or through reimbursement, for obligations
incurred to prevent, prepare for, and respond to coronavirus,
domestically or internationally, prior to the date of enactment of this
Act: Provided further, That such amount is designated by the 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.
Administration for Community Living
aging and disability services programs
For an additional amount for ``Aging and Disability Services
Programs'', $955,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That of the amount made available under
this heading in this Act to prevent, prepare for, and respond to
coronavirus, $820,000,000 shall be for activities authorized under the
Older Americans Act of 1965 (``OAA''), including $200,000,000 for
supportive services under part B of title III; $480,000,000 for
nutrition services under subparts 1 and 2 of part C of title III;
$20,000,000 for nutrition services under title VI; $100,000,000 for
support services for family caregivers under part E of title III; and
$20,000,000 for elder rights protection activities, including the long-
term ombudsman program under title VII of such Act: Provided further,
That of the amount made available under this heading in this Act,
$50,000,000 shall be for aging and disability resource centers
authorized in sections 202(b) and 411 of the OAA to prevent, prepare
for, and respond to coronavirus: Provided further, That of the amount
made available under this heading in this Act to prevent, prepare for,
and respond to coronavirus, $85,000,000 shall be available for centers
for independent living that have received grants funded under part C of
chapter I of title VII of the Rehabilitation Act of 1973: Provided
further, That to facilitate State use of funds provided under this
heading in this Act, matching requirements under sections 304(d)(1)(D)
and 373(g)(2) of the OAA shall not apply to funds made available under
this heading in this Act: Provided further, That the transfer
authority under section 308(b)(4)(A) of the OAA shall apply to funds
made available under this heading in this Act by substituting ``100
percent'' for ``40 percent'': Provided further, That the State Long-
Term Care Ombudsman shall have continuing direct access (or other
access through the use of technology) to residents of long-term care
facilities during any portion of the public health emergency relating
to coronavirus beginning on the date of enactment of this Act and
ending on September 30, 2020, to provide services described in section
712(a)(3)(B) of the OAA: Provided further, That such amount is
designated by the 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.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $27,014,500,000, to remain available until September
30, 2024, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the development of necessary
countermeasures and vaccines, prioritizing platform-based technologies
with U.S.-based manufacturing capabilities, the purchase of vaccines,
therapeutics, diagnostics, necessary medical supplies, as well as
medical surge capacity, addressing blood supply chain, workforce
modernization, telehealth access and infrastructure, initial advanced
manufacturing, novel dispensing, enhancements to the U.S. Commissioned
Corps, and other preparedness and response activities: Provided, That
funds appropriated under this paragraph in this Act may be used to
develop and demonstrate innovations and enhancements to manufacturing
platforms to support such capabilities: Provided further, That the
Secretary of Health and Human Services shall purchase vaccines
developed using funds made available under this paragraph in this Act
to respond to an outbreak or pandemic related to coronavirus in
quantities determined by the Secretary to be adequate to address the
public health need: Provided further, That products purchased by the
Federal government with funds made available under this paragraph in
this Act, including vaccines, therapeutics, and diagnostics, shall be
purchased in accordance with Federal Acquisition Regulation guidance on
fair and reasonable pricing: Provided further, That the Secretary may
take such measures authorized under current law to ensure that
vaccines, therapeutics, and diagnostics developed from funds provided
in this Act will be affordable in the commercial market: Provided
further, That in carrying out the previous proviso, the Secretary shall
not take actions that delay the development of such products: Provided
further, That products purchased with funds appropriated under this
paragraph in this Act may, at the discretion of the Secretary of Health
and Human Services, be deposited in the Strategic National Stockpile
under section 319F-2 of the Public Health Service Act: Provided
further, That of the amount appropriated under this paragraph in this
Act, not more than $16,000,000,000 shall be for the Strategic National
Stockpile under section 319F-2(a) of such Act: Provided further, That
funds appropriated under this paragraph in this Act may be transferred
to, and merged with, the fund authorized by section 319F-4, the Covered
Countermeasure Process Fund, of the Public Health Service Act:
Provided further, That of the amount appropriated under this paragraph
in this Act, not less than $250,000,000 shall be available for grants
to or cooperative agreements with entities that are either grantees or
sub-grantees of the Hospital Preparedness Program authorized in section
319C-2 of the Public Health Service Act or that meet such other
criteria as the Secretary may prescribe, with such awards issued under
such section or section 311 of such Act: Provided further, That of the
amount provided under this paragraph in this Act, not less than
$3,500,000,000 shall be available to the Biomedical Advanced Research
and Development Authority for necessary expenses of manufacturing,
production, and purchase, at the discretion of the Secretary, of
vaccines, therapeutics, diagnostics, and small molecule active
pharmaceutical ingredients, including the development, translation, and
demonstration at scale of innovations in manufacturing platforms:
Provided further, That funds in the previous proviso may be used for
the construction or renovation of U.S.-based next generation
manufacturing facilities, other than facilities owned by the United
States Government: Provided further, That of the amount appropriated
under this paragraph in this Act, funds may be used to reimburse the
Department of Veterans Affairs for expenses incurred by the Veterans
Health Administration to prevent, prepare for, and respond to
coronavirus, and to provide medical care for such purposes to
individuals not otherwise eligible for care: Provided further, That
funds used for the preceding proviso shall be made available to
reimburse the Department of Veterans Affairs only if the Secretary of
Health and Human Services certifies to the Committees on Appropriations
of the House of Representatives and the Senate that funds available for
assignments under Public Law 93-288, as amended, are insufficient and
such funds are necessary to reimburse the Department of Veterans
Affairs for expenses incurred to provide health care to civilians:
Provided further, That the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate not less
than 3 days prior to such certification: Provided further, That of the
amounts appropriated under this paragraph in this Act, not more than
$289,000,000 may be transferred as necessary to other federal agencies
for necessary expenses related to medical care that are incurred to
prevent, prepare for, and respond to coronavirus for persons eligible
for treatment pursuant to section 322 of the Public Health Service Act,
as amended, as determined by the Secretary of the recipient agency:
Provided further, That of the amount appropriated under this paragraph
in this Act, $1,500,000 shall be available for the Secretary to enter
into an agreement with the National Academies of Sciences, Engineering,
and Medicine not later than 60 days after the date of enactment of this
Act to examine, and, in a manner that does not compromise national
security, report on, the security of the United States medical product
supply chain: Provided further, That funds appropriated under this
paragraph in this Act may be used for grants for the construction,
alteration, or renovation of non-federally owned facilities to improve
preparedness and response capability at the State and local level:
Provided further, That funds appropriated under this paragraph in this
Act may be used for the construction, alteration, or renovation of non-
federally owned facilities for the production of vaccines,
therapeutics, and diagnostics where the Secretary determines that such
a contract is necessary to secure sufficient amounts of such supplies:
Provided further, That such amount is designated by the 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.
For an additional amount for the ``Public Health and Social
Services Emergency Fund'', $275,000,000, to remain available until
September 30, 2022, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
$90,000,000 of the funds appropriated under this paragraph shall be
transferred to ``Health Resources and Services Administration--Ryan
White HIV/AIDS Program'' to remain available until September 30, 2022
for modifications to existing contracts, and supplements to existing
grants and cooperative agreements under parts A, B, C, D, and section
2692(a) of title XXVI of the Public Health Service Act (referred to as
``PHS'' Act) to respond to coronavirus, domestically or
internationally: Provided further, That supplements made in the
preceding proviso shall be awarded using a data-driven methodology
determined by the Secretary: Provided further, That sections 2604(c),
2612(b), and 2651(c) of the PHS Act shall not apply to funds under this
paragraph: Provided further, That $5,000,000 of the funds appropriated
under this paragraph shall be transferred to ``Health Resources and
Services Administration--Health Care Systems'' to remain available
until September 30, 2022, for activities under sections 1271 and 1273
of the PHS Act to improve the capacity of poison control centers to
respond to increased calls: Provided further, That $180,000,000 of the
funds appropriated under this paragraph shall be transferred to
``Health Resources and Services Administration--Rural Health'' to
remain available until September 30, 2022, to carry out telehealth and
rural health activities under sections 330A and 330I of the PHS Act and
sections 711 and 1820 of the Social Security Act to prevent, prepare
for, and respond to coronavirus, domestically or internationally:
Provided further, That of the funding in the previous proviso, no less
than $15,000,000 shall be allocated to tribes, tribal organizations,
urban Indian health organizations, or health service providers to
tribes: Provided further, That section 1820(g)(3)(A), section
1820(g)(3)(D) and section 1820(g)(3)(E) of such Act shall not apply to
funds in the preceding two provisos: Provided further, That funds
appropriated under this heading in this Act may be made available to
restore amounts, either directly or through reimbursement, for
obligations incurred to prevent, prepare for, and respond to
coronavirus, domestically or internationally, prior to the date of
enactment of this Act: Provided further, That for the purposes of any
funding provided for fiscal year 2020 for the Health Centers Program
pursuant to section 330 of the PHS Act (42 U.S.C. 254b), maintaining or
increasing health center capacity and staffing levels during a public
health emergency related to coronavirus shall be deemed a cost of
prevention, diagnosis, and treatment of coronavirus: Provided further,
That such amount is designated by the 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.
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $100,000,000,000, to remain available until expended,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally, for necessary expenses to reimburse, through grants or
other mechanisms, eligible health care providers for health care
related expenses or lost revenues that are attributable to coronavirus:
Provided, That these funds may not be used to reimburse expenses or
losses that have been reimbursed from other sources or that other
sources are obligated to reimburse: Provided further, That recipients
of payments under this paragraph shall submit reports and maintain
documentation as the Secretary determines are needed to ensure
compliance with conditions that are imposed by this paragraph for such
payments, and such reports and documentation shall be in such form,
with such content, and in such time as the Secretary may prescribe for
such purpose: Provided further, That ``eligible health care
providers'' means public entities, Medicare or Medicaid enrolled
suppliers and providers, and such for-profit entities and not-for-
profit entities not otherwise described in this proviso as the
Secretary may specify, within the United States (including
territories), that provide diagnoses, testing, or care for individuals
with possible or actual cases of COVID-19: Provided further, That the
Secretary of Health and Human Services shall, on a rolling basis,
review applications and make payments under this paragraph in this Act:
Provided further, That funds appropriated under this paragraph in this
Act shall be available for building or construction of temporary
structures, leasing of properties, medical supplies and equipment
including personal protective equipment and testing supplies, increased
workforce and trainings, emergency operation centers, retrofitting
facilities, and surge capacity: Provided further, That, in this
paragraph, the term ``payment'' means a pre-payment, prospective
payment, or retrospective payment, as determined appropriate by the
Secretary: Provided further, That payments under this paragraph shall
be made in consideration of the most efficient payment systems
practicable to provide emergency payment: Provided further, That to be
eligible for a payment under this paragraph, an eligible health care
provider shall submit to the Secretary of Health and Human Services an
application that includes a statement justifying the need of the
provider for the payment and the eligible health care provider shall
have a valid tax identification number: Provided further, That, not
later than 3 years after final payments are made under this paragraph,
the Office of Inspector General of the Department of Health and Human
Services shall transmit a final report on audit findings with respect
to this program to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That nothing in this
section limits the authority of the Inspector General or the
Comptroller General to conduct audits of interim payments at an earlier
date: Provided further, That not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall
provide a report to the Committees on Appropriations of the House of
Representatives and the Senate on obligation of funds, including
obligations to such eligible health care providers summarized by State
of the payment receipt: Provided further, That such reports shall be
updated and submitted to such Committees every 60 days until funds are
expended: Provided further, That such amount is designated by the
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.
DEPARTMENT OF EDUCATION
education stabilization fund
For an additional amount for ``Education Stabilization Fund'',
$30,750,000,000, to remain available through September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
General Provisions
education stabilization fund
Sec. 18001. (a) Allocations.--From the amount made available under
this heading in this Act to carry out the Education Stabilization Fund,
the Secretary shall first allocate--
(1) not more than 1/2 of 1 percent to the outlying areas on the
basis of their respective needs, as determined by the Secretary, in
consultation with the Secretary of the Interior;
(2) one-half of 1 percent for the Secretary of Interior, in
consultation with the Secretary of Education, for programs operated
or funded by the Bureau of Indian Education; and
(3) 1 percent for grants to States with the highest coronavirus
burden to support activities under this heading in this Act, for
which the Secretary shall issue a notice inviting applications not
later than 30 days of enactment of this Act and approve or deny
applications not later than 30 days after receipt.
(b) Reservations.--After carrying out subsection (a), the Secretary
shall reserve the remaining funds made available as follows:
(1) 9.8 percent to carry out section 18002 of this title.
(2) 43.9 percent to carry out section 18003 of this title.
(3) 46.3 percent to carry out section 18004 of this title.
governor's emergency education relief fund
Sec. 18002. (a) Grants.--From funds reserved under section
18001(b)(1) of this title, the Secretary shall make Emergency Education
Relief grants to the Governor of each State with an approved
application. The Secretary shall issue a notice inviting applications
not later than 30 days of enactment of this Act and shall approve or
deny applications not later than 30 days after receipt.
(b) Allocations.--The amount of each grant under subsection (a)
shall be allocated by the Secretary to each State as follows:
(1) 60 percent on the basis of their relative population of
individuals aged 5 through 24.
(2) 40 percent on the basis of their relative number of
children counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (referred to under this heading as
``ESEA'').
(c) Uses of Funds.--Grant funds awarded under subsection (b) may be
used to--
(1) provide emergency support through grants to local
educational agencies that the State educational agency deems have
been most significantly impacted by coronavirus to support the
ability of such local educational agencies to continue to provide
educational services to their students and to support the on-going
functionality of the local educational agency;
(2) provide emergency support through grants to institutions of
higher education serving students within the State that the
Governor determines have been most significantly impacted by
coronavirus to support the ability of such institutions to continue
to provide educational services and support the on-going
functionality of the institution; and
(3) provide support to any other institution of higher
education, local educational agency, or education related entity
within the State that the Governor deems essential for carrying out
emergency educational services to students for authorized
activities described in section 18003(d)(1) of this title or the
Higher Education Act, the provision of child care and early
childhood education, social and emotional support, and the
protection of education-related jobs.
(d) Reallocation.--Each Governor shall return to the Secretary any
funds received under this section that the Governor does not award
within one year of receiving such funds and the Secretary shall
reallocate such funds to the remaining States in accordance with
subsection (b).
elementary and secondary school emergency relief fund
Sec. 18003. (a) Grants.--From funds reserved under section
18001(b)(2) of this title, the Secretary shall make elementary and
secondary school emergency relief grants to each State educational
agency with an approved application. The Secretary shall issue a notice
inviting applications not later than 30 days of enactment of this Act
and approve or deny applications not later than 30 days after receipt.
(b) Allocations to States.--The amount of each grant under
subsection (a) shall be allocated by the Secretary to each State in the
same proportion as each State received under part A of title I of the
ESEA of 1965 in the most recent fiscal year.
(c) Subgrants to Local Educational Agencies.--Each State shall
allocate not less than 90 percent of the grant funds awarded to the
State under this section as subgrants to local educational agencies
(including charter schools that are local educational agencies) in the
State in proportion to the amount of funds such local educational
agencies and charter schools that are local educational agencies
received under part A of title I of the ESEA of 1965 in the most recent
fiscal year.
(d) Uses of Funds.--A local educational agency that receives funds
under this title may use the funds for any of the following:
(1) Any activity authorized by the ESEA of 1965, including the
Native Hawaiian Education Act and the Alaska Native Educational
Equity, Support, and Assistance Act (20 U.S.C. 6301 et seq.), the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) (``IDEA''), the Adult Education and Family Literacy Act (20
U.S.C. 1400 et seq.), the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.) (``the Perkins
Act''), or subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431 et seq.).
(2) Coordination of preparedness and response efforts of local
educational agencies with State, local, Tribal, and territorial
public health departments, and other relevant agencies, to improve
coordinated responses among such entities to prevent, prepare for,
and respond to coronavirus.
(3) Providing principals and others school leaders with the
resources necessary to address the needs of their individual
schools.
(4) Activities to address the unique needs of low-income
children or students, children with disabilities, English learners,
racial and ethnic minorities, students experiencing homelessness,
and foster care youth, including how outreach and service delivery
will meet the needs of each population.
(5) Developing and implementing procedures and systems to
improve the preparedness and response efforts of local educational
agencies.
(6) Training and professional development for staff of the
local educational agency on sanitation and minimizing the spread of
infectious diseases.
(7) Purchasing supplies to sanitize and clean the facilities of
a local educational agency, including buildings operated by such
agency.
(8) Planning for and coordinating during long-term closures,
including for how to provide meals to eligible students, how to
provide technology for online learning to all students, how to
provide guidance for carrying out requirements under the
Individuals with Disabilities Education Act (20 U.S.C. 1401 et
seq.) and how to ensure other educational services can continue to
be provided consistent with all Federal, State, and local
requirements.
(9) Purchasing educational technology (including hardware,
software, and connectivity) for students who are served by the
local educational agency that aids in regular and substantive
educational interaction between students and their classroom
instructors, including low-income students and students with
disabilities, which may include assistive technology or adaptive
equipment.
(10) Providing mental health services and supports.
(11) Planning and implementing activities related to summer
learning and supplemental afterschool programs, including providing
classroom instruction or online learning during the summer months
and addressing the needs of low-income students, students with
disabilities, English learners, migrant students, students
experiencing homelessness, and children in foster care.
(12) Other activities that are necessary to maintain the
operation of and continuity of services in local educational
agencies and continuing to employ existing staff of the local
educational agency.
(e) State Funding.--With funds not otherwise allocated under
subsection (c), a State may reserve not more than 1/2 of 1 percent for
administrative costs and the remainder for emergency needs as
determined by the state educational agency to address issues responding
to coronavirus, which may be addressed through the use of grants or
contracts.
(f) Reallocation.--A State shall return to the Secretary any funds
received under this section that the State does not award within 1 year
of receiving such funds and the Secretary shall reallocate such funds
to the remaining States in accordance with subsection (b).
higher education emergency relief fund
Sec. 18004. (a) In General.--The Secretary shall allocate funding
under this section as follows:
(1) 90 percent to each institution of higher education to
prevent, prepare for, and respond to coronavirus, by apportioning
it--
(A) 75 percent according to the relative share of full-time
equivalent enrollment of Federal Pell Grant recipients who are
not exclusively enrolled in distance education courses prior to
the coronavirus emergency; and
(B) 25 percent according to the relative share of full-time
equivalent enrollment of students who were not Federal Pell
Grant recipients who are not exclusively enrolled in distance
education courses prior to the coronavirus emergency.
(2) 7.5 percent for additional awards under parts A and B of
title III, parts A and B of title V, and subpart 4 of part A of
title VII of the Higher Education Act to address needs directly
related to coronavirus, that shall be in addition to awards made in
section 18004(a)(1) of this title, and allocated by the Secretary
proportionally to such programs based on the relative share of
funding appropriated to such programs in the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) and which may be used
to defray expenses (including lost revenue, reimbursement for
expenses already incurred, technology costs associated with a
transition to distance education, faculty and staff trainings,
payroll) incurred by institutions of higher education and for
grants to students for any component of the student's cost of
attendance (as defined under section 472 of the Higher Education
Act), including food, housing, course materials, technology, health
care, and child care.
(3) 2.5 percent for part B of title VII of the Higher Education
Act for institutions of higher education that the Secretary
determines have the greatest unmet needs related to coronavirus,
which may be used to defray expenses (including lost revenue,
reimbursement for expenses already incurred, technology costs
associated with a transition to distance education, faculty and
staff trainings, payroll) incurred by institutions of higher
education and for grants to students for any component of the
student's cost of attendance (as defined under section 472 of the
Higher Education Act), including food, housing, course materials,
technology, health care, and child care.
(b) Distribution.--The funds made available to each institution
under subsection (a)(1) shall be distributed by the Secretary using the
same systems as the Secretary otherwise distributes funding to each
institution under title IV of the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.).
(c) Uses of Funds.--Except as otherwise specified in subsection
(a), an institution of higher education receiving funds under this
section may use the funds received to cover any costs associated with
significant changes to the delivery of instruction due to the
coronavirus, so long as such costs do not include payment to
contractors for the provision of pre-enrollment recruitment activities;
endowments; or capital outlays associated with facilities related to
athletics, sectarian instruction, or religious worship. Institutions of
higher education shall use no less than 50 percent of such funds to
provide emergency financial aid grants to students for expenses related
to the disruption of campus operations due to coronavirus (including
eligible expenses under a student's cost of attendance, such as food,
housing, course materials, technology, health care, and child care).
(d) Special Provisions.--(1) In awarding grants under section
18004(a)(3) of this title, the Secretary shall give priority to any
institution of higher education that is not otherwise eligible for
funding under paragraphs (1) and (2) of section 18004(a) of this title
of at least $500,000 and demonstrates significant unmet needs related
to expenses associated with coronavirus.
(2) A Historically Black College and University or a Minority
Serving Institution may use prior awards provided under titles III, V,
and VII of the Higher Education Act to prevent, prepare for, and
respond to coronavirus.
(e) Report.--An institution receiving funds under this section
shall submit a report to the Secretary, at such time and in such manner
as the Secretary may require, that describes the use of funds provided
under this section.
assistance to non-public schools
Sec. 18005. (a) In General.--A local educational agency receiving
funds under sections 18002 or 18003 of this title shall provide
equitable services in the same manner as provided under section 1117 of
the ESEA of 1965 to students and teachers in non-public schools, as
determined in consultation with representatives of non-public schools.
(b) Public Control of Funds.--The control of funds for the services
and assistance provided to a non-public school under subsection (a),
and title to materials, equipment, and property purchased with such
funds, shall be in a public agency, and a public agency shall
administer such funds, materials, equipment, and property and shall
provide such services (or may contract for the provision of such
services with a public or private entity).
continued payment to employees
Sec. 18006. A local educational agency, State, institution of
higher education, or other entity that receives funds under ``Education
Stabilization Fund'', shall to the greatest extent practicable,
continue to pay its employees and contractors during the period of any
disruptions or closures related to coronavirus.
definitions
Sec. 18007. Except as otherwise provided in sections 18001-18006
of this title, as used in such sections--
(1) the terms ``elementary education'' and ``secondary
education'' have the meaning given such terms under State law;
(2) the term ``institution of higher education'' has the
meaning given such term in title I of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.);
(3) the term ``Secretary'' means the Secretary of Education;
(4) the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(5) the term ``cost of attendance'' has the meaning given such
term in section 472 of the Higher Education Act of 1965.
(6) the term ``Non-public school'' means a non-public
elementary and secondary school that (A) is accredited, licensed,
or otherwise operates in accordance with State law; and (B) was in
existence prior to the date of the qualifying emergency for which
grants are awarded under this section;
(7) the term ``public school'' means a public elementary or
secondary school; and
(8) any other term used that is defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)
shall have the meaning given the term in such section.
maintenance of effort
Sec. 18008. (a) A State's application for funds to carry out
sections 18002 or 18003 of this title shall include assurances that the
State will maintain support for elementary and secondary education, and
State support for higher education (which shall include State funding
to institutions of higher education and state need-based financial aid,
and shall not include support for capital projects or for research and
development or tuition and fees paid by students) in fiscal years 2020
and 2021 at least at the levels of such support that is the average of
such State's support for elementary and secondary education and for
higher education provided in the 3 fiscal years preceding the date of
enactment of this Act.
(b) The secretary may waive the requirement in subsection (a) for
the purpose of relieving fiscal burdens on States that have experienced
a precipitous decline in financial resources.
safe schools and citizenship education
For an additional amount for ``Safe Schools and Citizenship
Education'', $100,000,000, to remain available through September 30,
2021, to prevent, prepare for, and respond to coronavirus, domestically
or internationally, to supplement funds otherwise available for
``Project SERV'', including to help elementary, secondary and
postsecondary schools clean and disinfect affected schools, and assist
in counseling and distance learning and associated costs: Provided,
That such amount is designated by the 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.
gallaudet university
For an additional amount for ``Gallaudet University'', $7,000,000,
to remain available through September 30, 2021, to prevent, prepare
for, and respond to coronavirus, domestically or internationally,
including to help defray the expenses directly caused by coronavirus
and to enable grants to students for expenses directly related to
coronavirus and the disruption of university operations: Provided,
That such amount is designated by the 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.
Student Aid Administration
For an additional amount for ``Student Aid Administration'',
$40,000,000, to remain available through September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, for carrying out part D of title I, and subparts 1, 3,
9 and 10 of part A, and parts B, C, D, and E of title IV of the HEA,
and subpart 1 of part A of title VII of the Public Health Service Act:
Provided, That such amount is designated by the 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.
Howard University
For an additional amount for ``Howard University'', $13,000,000, to
remain available through September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
to help defray the expenses directly caused by coronavirus and to
enable grants to students for expenses directly related to coronavirus
and the disruption of university operations: Provided, That such
amount is designated by the 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.
Departmental Management
program administration
For an additional amount for ``Program Administration'',
$8,000,000, to remain available through September 30, 2021 to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
office of the inspector general
For an additional amount for ``Office of the Inspector General'',
$7,000,000, to remain available through September 30, 2022, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including for salaries and expenses necessary for
oversight and audit of programs, grants, and projects funded in this
Act to respond to coronavirus: Provided, That such amount is
designated by the 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.
Corporation for Public Broadcasting
For an additional amount for ``Corporation for Public
Broadcasting'', $75,000,000, to remain available through September 30,
2021, to prevent, prepare for, and respond to coronavirus, including
for fiscal stabilization grants to public telecommunications entities,
as defined by 47 U.S.C. 397(12), with no deduction for administrative
or other costs of the Corporation, to maintain programming and services
and preserve small and rural stations threatened by declines in non-
Federal revenues: Provided, That such amount is designated by the
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.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For an additional amount for ``Institute of Museum and Library
Services'', $50,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, including grants
to States, territories and tribes to expand digital network access,
purchase internet accessible devices, and provide technical support
services: Provided, That any matching funds requirements for States,
tribes, libraries, and museums are waived for grants provided with
funds made available under this heading in this Act: Provided further,
That such amount is designated by the 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.
Railroad Retirement Board
limitation on administration
For an additional amount for the ``Railroad Retirement Board'',
$5,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, including the purchase of
information technology equipment to improve the mobility of the
workforce and provide for additional hiring or overtime hours as needed
to administer the Railroad Unemployment Insurance Act: Provided, That
such amount is designated by the 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.
Social Security Administration
limitation on administrative expenses
For an additional amount for ``Limitation on Administrative
Expenses'', $300,000,000, to remain available through September 30,
2021 to prevent, prepare for, and respond to coronavirus, domestically
or internationally, including paying the salaries and benefits of all
employees affected as a result of office closures, telework, phone and
communication services for employees, overtime costs, and supplies, and
for resources necessary for processing disability and retirement
workloads and backlogs: Provided, That such amount is designated by
the 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.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 18108. Funds appropriated by this title may be used by the
Secretary of the Department of Health and Human Services to appoint,
without regard to the provisions of sections 3309 through 3319 of title
5 of the United States Code, candidates needed for positions to perform
critical work relating to coronavirus for which--
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has determined
that such a public health threat exists.
Sec. 18109. Funds made available by this title may be used to
enter into contracts with individuals for the provision of personal
services (as described in section 104 of part 37 of title 48, Code of
Federal Regulations (48 CFR 37.104)) to support the prevention of,
preparation for, or response to coronavirus, domestically and
internationally, subject to prior notification to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That such individuals may not be deemed employees of the
United States for the purpose of any law administered by the Office of
Personnel Management: Provided further, That the authority made
available pursuant to this section shall expire on September 30, 2024.
Sec. 18110. (a) If services performed by an employee during fiscal
year 2020 are determined by the head of the agency to be primarily
related to preparation, prevention, or response to coronavirus, any
premium pay for such services shall be disregarded in calculating the
aggregate of such employee's basic pay and premium pay for purposes of
a limitation under section 5547(a) of title 5, United States Code, or
under any other provision of law, whether such employee's pay is paid
on a biweekly or calendar year basis.
(b) Any overtime pay for such services shall be disregarded in
calculating any annual limit on the amount of overtime pay payable in a
calendar or fiscal year.
(c) With regard to such services, any pay that is disregarded under
either subsection (a) or (b) shall be disregarded in calculating such
employee's aggregate pay for purposes of the limitation in section 5307
of such title 5.
(d)(1) Pay that is disregarded under subsection (a) or (b) shall
not cause the aggregate of the employee's basic pay and premium pay for
the applicable calendar year to exceed the rate of basic pay payable
for a position at level II of the Executive Schedule under section 5313
of title 5, United States Code, as in effect at the end of such
calendar year.
(2) For purposes of applying this subsection to an employee who
would otherwise be subject to the premium pay limits established under
section 5547 of title 5, United States Code, ``premium pay'' means the
premium pay paid under the provisions of law cited in section 5547(a).
(3) For purposes of applying this subsection to an employee under a
premium pay limit established under an authority other than section
5547 of title 5, United States Code, the agency responsible for
administering such limit shall determine what payments are considered
premium pay.
(e) This section shall take effect as if enacted on February 2,
2020.
(f) If application of this section results in the payment of
additional premium pay to a covered employee of a type that is normally
creditable as basic pay for retirement or any other purpose, that
additional pay shall not--
(1) be considered to be basic pay of the covered employee for
any purpose; or
(2) be used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under section
5551 or section 5552 of title 5, United States Code.
Sec. 18111. Funds appropriated by this title to the heading
``Department of Health and Human Services'' may be transferred to, and
merged with, other appropriation accounts under the headings ``Centers
for Disease Control and Prevention'', ``Public Health and Social
Services Emergency Fund'', ``Administration for Children and
Families'', ``Administration for Community Living'', and ``National
Institutes of Health'' to prevent, prepare for, and respond to
coronavirus following consultation with the Office of Management and
Budget: Provided, That the Committees on Appropriations of the House
of Representatives and the Senate shall be notified 10 days in advance
of any such transfer: Provided further, That, upon a determination
that all or part of the funds transferred from an appropriation by this
title are not necessary, such amounts may be transferred back to that
appropriation: Provided further, That none of the funds made available
by this title may be transferred pursuant to the authority in section
205 of division A of Public Law 116-94 or section 241(a) of the PHS
Act.
Sec. 18112. Not later than 30 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall provide a
detailed spend plan of anticipated uses of funds made available to the
Department of Health and Human Services in this Act, including
estimated personnel and administrative costs, to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That such plans shall be updated and submitted to such
Committees every 60 days until September 30, 2024: Provided further,
That the spend plans shall be accompanied by a listing of each contract
obligation incurred that exceeds $5,000,000 which has not previously
been reported, including the amount of each such obligation.
Sec. 18113. Of the funds appropriated by this title under the
heading ``Public Health and Social Services Emergency Fund'', up to
$4,000,000 shall be transferred to, and merged with, funds made
available under the heading ``Office of the Secretary, Office of
Inspector General'', and shall remain available until expended, for
oversight of activities supported with funds appropriated to the
Department of Health and Human Services to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided,
That the Inspector General of the Department of Health and Human
Services shall consult with the Committees on Appropriations of the
House of Representatives and the Senate prior to obligating such funds:
Provided further, That the transfer authority provided by this section
is in addition to any other transfer authority provided by law.
Sec. 18114. (a) Funds appropriated in title III of the Coronavirus
Preparedness and Response Supplemental Appropriations Act, 2020 (Public
Law 116-123) shall be paid to the ``Department of Homeland Security--
Countering Weapons of Mass Destruction Office--Federal
Assistance''account for costs incurred, including to reimburse costs
incurred prior to the enactment of this Act, under other transaction
authority and related to screening for coronavirus, domestically or
internationally.
(b) The term coronavirus has the meaning given the term in section
506 of the Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020.
(c) The amounts repurposed in this section that were previously
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 18115. (a) In General.--Every laboratory that performs or
analyzes a test that is intended to detect SARS-CoV-2 or to diagnose a
possible case of COVID-19 shall report the results from each such test,
to the Secretary of Health and Human Services in such form and manner,
and at such timing and frequency, as the Secretary may prescribe until
the end of the Secretary's Public Health Emergency declaration with
respect to COVID-19 or any extension of such declaration.
(b) Laboratories Covered.--The Secretary may prescribe which
laboratories must submit reports pursuant to this section.
(c) Implementation.--The Secretary may make prescriptions under
this section by regulation, including by interim final rule, or by
guidance, and may issue such regulations or guidance without regard to
the procedures otherwise required by section 553 of title 5, United
States Code.
(d) Repealer.--Section 1702 of division A of the Families First
Coronavirus Response Act is repealed.
TITLE IX
LEGISLATIVE BRANCH
SENATE
Contingent Expenses of the Senate
sergeant at arms and doorkeeper of the senate
For an additional amount for ``Sergeant at Arms and Doorkeeper of
the Senate'', $1,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
miscellaneous items
For an additional amount for ``Miscellaneous Items'', $9,000,000,
to remain available until expended, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, subject to
approval by the Committee on Appropriations of the Senate and the
Senate Committee on Rules and Administration: Provided, That such
amount is designated by the 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.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$25,000,000, to remain available until September 30, 2021, except that
$5,000,000 shall remain available until expended, to prevent, prepare
for, and respond to coronavirus, domestically or internationally, to be
allocated in accordance with a spend plan submitted to the Committee on
Appropriations of the House of Representatives by the Chief
Administrative Officer and approved by such Committee: Provided, That
such amount is designated by the 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.
JOINT ITEMS
Office of the Attending Physician
For an additional amount for ``Office of the Attending Physician'',
$400,000, to remain available until expended, to prevent, prepare for,
and respond to coronavirus, domestically or internationally: Provided,
That such amount is designated by the 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.
Capitol Police
salaries
For an additional amount for ``Salaries'', $12,000,000, to remain
available until September 30, 2021, to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided,
That the Capitol Police may transfer amounts appropriated under this
heading in this Act to ``General Expenses'' without the approval
requirement of 2 U.S.C. 1907(a): Provided further, That such amount is
designated by the 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.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For an additional amount for ``Capital Construction and
Operations'', $25,000,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus, domestically
or internationally, including to purchase and distribute cleaning and
sanitation products throughout all facilities and grounds under the
care of the Architect of the Capitol, wherever located, and any related
services and operational costs: Provided, That the Architect of the
Capitol shall provide a report within 30 days enactment of this Act,
and every 30 days thereafter, to the Committees on Appropriations of
the Senate and House of Representatives, the Senate Committee on Rules
and Administration, and the Committee on House Administration on
expenditure of funds from amounts appropriated under this heading in
this Act: Provided further, That this amount shall be in addition to
any other funds available for such purposes in appropriations Acts for
the legislative branch: Provided further, That such amount is
designated by the 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.
LIBRARY OF CONGRESS
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', $700,000,
to remain available until September 30, 2020, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, to be made
available to the Little Scholars Child Development Center, subject to
approval by the Committees on Appropriations of the Senate and House of
Representatives, the Senate Committee on Rules and Administration, and
the Committee on House Administration: Provided, That such amount is
designated by the 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.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$20,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, domestically or internationally, for
audits and investigations and for reimbursement of the Tiny Findings
Child Development Center for salaries for employees, as authorized by
this Act: Provided, That not later than 90 days after the date of
enactment of this Act, the Government Accountability Office shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a spend plan specifying funding
estimates and a timeline for such audits and investigations: Provided
further, That $600,000 shall be made available to the Tiny Findings
Child Development Center, subject to approval by the Committees on
Appropriations of the Senate and House of Representatives, the Senate
Committee on Rules and Administration, and the Committee on House
Administration: Provided further, That such amount is designated by
the 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.
GENERAL PROVISIONS--THIS TITLE
source of funds used for payment of salaries and expenses of senate
employee child care center
Sec. 19001. The Secretary of the Senate shall reimburse the Senate
Employee Child Care Center for personnel costs incurred starting on
April 1, 2020, for employees of such Center who have been ordered to
cease working due to measures taken in the Capitol complex to combat
coronavirus, not to exceed $84,000 per month, from amounts in the
appropriations account ``Miscellaneous Items'' within the contingent
fund of the Senate.
source of funds used for payment of salaries and expenses of house of
representatives child care center
Sec. 19002. (a) Authorizing Use of Revolving Fund or Appropriated
Funds.--Section 312(d)(3)(A) of the Legislative Branch Appropriations
Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is amended--
(1) in subparagraph (A), by striking the period at the end and
inserting the following: ``, and, at the option of the Chief
Administrative Officer during an emergency situation, the payment
of the salary of other employees of the Center.''; and
(2) by adding at the end the following new subparagraph:
``(C) During an emergency situation, the payment of such
other expenses for activities carried out under this section as
the Chief Administrative Officer determines appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2020 and each succeeding fiscal year.
payments to ensure continuing availability of goods and services
during the coronavirus emergency
Sec. 19003. (a) Authorization to Make Payments.--Notwithstanding
any other provision of law and subject to subsection (b), during an
emergency situation, the Chief Administrative Officer of the House of
Representatives may make payments under contracts with vendors
providing goods and services to the House in amounts and under terms
and conditions other than those provided under the contract in order to
ensure that those goods and services remain available to the House
throughout the duration of the emergency.
(b) Conditions.--
(1) Approval required.--The Chief Administrative Officer may
not make payments under the authority of subsection (a) without the
approval of the Committee on House Administration of the House of
Representatives.
(2) Availability of appropriations.--The authority of the Chief
Administrative Officer to make payments under the authority of
subsection (a) is subject to the availability of appropriations to
make such payments.
(c) Applicability.--This section shall apply with respect to fiscal
year 2020 and each succeeding fiscal year.
source of funds used for payment of salaries and expenses of little
scholars child development center
Sec. 19004. The Library of Congress shall reimburse Little
Scholars Child Development Center for salaries for employees incurred
from April 1, 2020, to September 30, 2020, for employees of such Center
who have been ordered to cease working due to measures taken in the
Capitol complex to combat coronavirus, not to exceed $113,000 per
month, from amounts in the appropriations account ``Library of
Congress--Salaries and Expenses''.
authorizing payments under service contracts during the coronavirus
emergency
Sec. 19005. (a) Authorizing Payments.--Notwithstanding section
3324(a) of title 31, United States Code, or any other provision of law
and subject to subsection (b), if the employees of a contractor with a
service contract with the Architect of the Capitol are furloughed or
otherwise unable to work during closures, stop work orders, or
reductions in service arising from or related to the impacts of
coronavirus, the Architect of the Capitol may continue to make the
payments provided for under the contract for the weekly salaries and
benefits of such employees for not more than 16 weeks.
(b) Availability of Appropriations.--The authority of the Architect
of the Capitol to make payments under the authority of subsection (a)
is subject to the availability of appropriations to make such payments.
(c) Regulations.--The Architect of the Capitol shall promulgate
such regulations as may be necessary to carry out this section.
mass mailings as franked mail
Sec. 19006. (a) Waiver.--Section 3210(a)(6)(D) of title 39, United
States Code, is amended by striking the period at the end of the first
sentence and inserting the following: ``, and in the case of the
Commission, to waive this paragraph in the case of mailings sent in
response to or to address threats to life safety.''.
(b) Effective Date.--The amendments made by this subsection shall
apply with respect to mailings sent on or after the date of the
enactment of this Act.
technical correction
Sec. 19007. In the matter preceding the first proviso under the
heading ``Library of Congress--Salaries and Expenses'' in division E of
the Further Consolidated Appropriations Act, 2020 (Public Law 116-94),
strike `` $504,164,000'' and insert `` $510,164,000''.
conforming amendment
Sec. 19008. Section 110(a)(1)(A) of the Family and Medical Leave
Act of 1993 (as added by section 3102 of the Families First Coronavirus
Response Act (Public Law 116-127)) is amended--
(1) by inserting before ``In lieu of'' the following:
``(i) In general.--''; and
(2) by adding at the end the following:
``(ii) Special rule.--For purposes of applying section
102(a)(1)(F) and this section under the Congressional
Accountability Act of 1995, in lieu of the definition in
section 202(a)(2)(B) of that Act (2 U.S.C. 1312(a)(2)(B)),
the term `eligible employee' means a covered employee (as
defined in section 101 of that Act (2 U.S.C. 1301)) who has
been employed for at least 30 calendar days by the
employing office (as so defined) with respect to whom leave
is requested under section 102(a)(1)(F).''.
source of funds used for payment of salaries and expenses of tiny
findings child development center
Sec. 19009. The Government Accountability Office may reimburse the
Tiny Findings Child Development Center for salaries for employees
incurred from April 1, 2020, to September 30, 2020, for employees of
such Center who have been ordered to cease working due to measures
taken in the Capitol complex to combat coronavirus, not to exceed
$100,000 per month, from amounts in the appropriations account
``Government Accountability Office--Salaries and Expenses''.
oversight and audit authority
Sec. 19010. (a) Definitions.--In this section--
(1) the term ``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on Homeland Security of the House of
Representatives;
(F) the Committee on Oversight and Reform of the House of
Representatives; and
(G) the Committee on Energy and Commerce of the House of
Representatives; and
(2) the term ``Comptroller General'' means the Comptroller
General of the United States.
(b) Authority.--The Comptroller General shall conduct monitoring
and oversight of the exercise of authorities, or the receipt,
disbursement, and use of funds made available, under this Act or any
other Act to prepare for, respond to, and recover from the Coronavirus
2019 pandemic and the effect of the pandemic on the health, economy,
and public and private institutions of the United States, including
public health and homeland security efforts by the Federal Government
and the use of selected funds under this or any other Act related to
the Coronavirus 2019 pandemic and a comprehensive audit and review of
charges made to Federal contracts pursuant to authorities provided in
the Coronavirus Aid, Relief, and Economic Security Act.
(c) Briefings and Reports.--In conducting monitoring and oversight
under subsection (b), the Comptroller General shall--
(1) during the period beginning on the date of enactment of
this Act and ending on the date on which the national emergency
declared by the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019
(COVID-19) expires, offer regular briefings on not less frequently
than a monthly basis to the appropriate congressional committees
regarding Federal public health and homeland security efforts;
(2) publish reports regarding the ongoing monitoring and
oversight efforts, which, along with any audits and investigations
conducted by the Comptroller General, shall be submitted to the
appropriate congressional committees and posted on the website of
the Government Accountability Office--
(A) not later than 90 days after the date of enactment of
this Act, and every other month thereafter until the date that
is 1 year after the date of enactment of this Act; and
(B) after the period described in subparagraph (A), on a
periodic basis; and
(3) submit to the appropriate congressional committees
additional reports as warranted by the findings of the monitoring
and oversight activities of the Comptroller General.
(d) Access to Information.--
(1) Right of access.--In conducting monitoring and oversight
activities under this section, the Comptroller General shall have
access to records, upon request, of any Federal, State, or local
agency, contractor, grantee, recipient, or subrecipient pertaining
to any Federal effort or assistance of any type related to the
Coronavirus 2019 pandemic under this Act or any other Act,
including private entities receiving such assistance.
(2) Copies.--The Comptroller General may make and retain copies
of any records accessed under paragraph (1) as the Comptroller
General determines appropriate.
(3) Interviews.--In addition to such other authorities as are
available, the Comptroller General or a designee of the Comptroller
General may interview Federal, State, or local officials,
contractor staff, grantee staff, recipients, or subrecipients
pertaining to any Federal effort or assistance of any type related
to the Coronavirus 2019 pandemic under this or any other Act,
including private entities receiving such assistance.
(4) Inspection of facilities.--As determined necessary by the
Comptroller General, the Government Accountability Office may
inspect facilities at which Federal, State, or local officials,
contractor staff, grantee staff, or recipients or subrecipients
carry out their responsibilities related to the Coronavirus 2019
pandemic.
(5) Enforcement.--Access rights under this subsection shall be
subject to enforcement consistent with section 716 of title 31,
United States Code.
(e) Relationship to Existing Authority.--Nothing in this section
shall be construed to limit, amend, supersede, or restrict in any
manner any existing authority of the Comptroller General.
national emergency relief authority for the register of copyrights
Sec. 19011. (a) Amendment.--Chapter 7 of title 17, United States
Code, is amended by adding at the end the following:
``Sec. 710. Emergency relief authority
``(a) Emergency Action.--If, on or before December 31, 2021, the
Register of Copyrights determines that a national emergency declared by
the President under the National Emergencies Act (50 U.S.C. 1601 et
seq.) generally disrupts or suspends the ordinary functioning of the
copyright system under this title, or any component thereof, including
on a regional basis, the Register may, on a temporary basis, toll,
waive, adjust, or modify any timing provision (including any deadline
or effective period, except as provided in subsection (c)) or
procedural provision contained in this title or chapters II or III of
title 37, Code of Federal Regulations, for no longer than the Register
reasonably determines to be appropriate to mitigate the impact of the
disruption caused by the national emergency. In taking such action, the
Register shall consider the scope and severity of the particular
national emergency, and its specific effect with respect to the
particular provision, and shall tailor any remedy accordingly.
``(b) Notice and Effect.--Any action taken by the Register in
response to a national emergency pursuant to subsection (a) shall not
be subject to section 701(e) or subchapter II of chapter 5 of title 5,
United States Code, and chapter 7 of title 5, United States Code. The
provision of general public notice detailing the action being taken by
the Register in response to the national emergency under subsection (a)
is sufficient to effectuate such action. The Register may make such
action effective both prospectively and retroactively in relation to a
particular provision as the Register determines to be appropriate based
on the timing, scope, and nature of the public emergency, but any
action by the Register may only be retroactive with respect to a
deadline that has not already passed before the declaration described
in subsection (a).
``(c) Statement Required.--Except as provided in subsection (d),
not later than 20 days after taking any action that results in a
provision being modified for a cumulative total of longer than 120
days, the Register shall submit to Congress a statement detailing the
action taken, the relevant background, and rationale for the action.
``(d) Exceptions.--The authority of the Register to act under
subsection (a) does not extend provisions under this title requiring
the commencement of an action or proceeding in Federal court within a
specified period of time, except that if the Register adjusts the
license availability date defined in section 115(e)(15), such
adjustment shall not affect the ability to commence actions for any
claim of infringement of exclusive rights provided by paragraphs (1)
and (3) of section 106 against a digital music provider arising from
the unauthorized reproduction or distribution of a musical work by such
digital music provider in the course of engaging in covered activities
that accrued after January 1, 2018, provided that such action is
commenced within the time periods prescribed under section
115(d)(10)(C)(i) or 115(d)(10)(C)(ii) as calculated from the adjusted
license availability date. If the Register adjusts the license
availability date, the Register must provide the statement to Congress
under subsection (c) at the same time as the public notice of such
adjustment with a detailed explanation of why such adjustment is
needed.
``(e) Copyright Term Exception.--The authority of the Register to
act under subsection (a) does not extend to provisions under chapter 3,
except section 304(c), or section 1401(a)(2).
``(f) Other Laws.--Notwithstanding section 301 of the National
Emergencies Act (50 U.S.C. 1631), the authority of the Register under
subsection (a) is not contingent on a specification made by the
President under such section or any other requirement under that Act
(other than the emergency declaration under section 201(a) of such Act
(50 U.S.C. 1621(a))). The authority described in this section
supersedes the authority of title II of the National Emergencies Act
(50 U.S.C. 1621 et seq.).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 7 of title 17, United States Code, is amended by adding at the
end the following:
``710. Emergency relief authority.''.
(c) Emergency Requirement.--The amount provided by this section is
designated by the 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.
TITLE X
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
general operating expenses, veterans benefits administration
For an additional amount for ``General Operating Expenses, Veterans
Benefits Administration'', $13,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the 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.
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'', $14,432,000,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
related impacts on health care delivery, and for support to veterans
who are homeless or at risk of becoming homeless: Provided, That such
amount is designated by the 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.
medical community care
For an additional amount for ``Medical Community Care'',
$2,100,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, including related impacts on health care delivery:
Provided, That such amount is designated by the 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.
medical support and compliance
For an additional amount for ``Medical Support and Compliance'',
$100,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including related impacts on health care delivery:
Provided, That such amount is designated by the 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.
medical facilities
For an additional amount for ``Medical Facilities'', $606,000,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
related impacts on health care delivery: Provided, That such amount is
designated by the 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.
Departmental Administration
general administration
For an additional amount for ``General Administration'',
$6,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
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.
information technology systems
For an additional amount for ``Information Technology Systems'',
$2,150,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, including related impacts on health care delivery:
Provided, That the Secretary shall transmit to the Committees on
Appropriations of both Houses of Congress a spend plan detailing the
allocation of such funds between pay and associated costs, operations
and maintenance, and information technology systems development:
Provided further, That after such transmittal is provided, funds may
only be reprogrammed among the three subaccounts referenced in the
previous proviso after the Secretary of Veterans Affairs submits notice
to the Committees on Appropriations of both Houses of Congress:
Provided further, That such amount is designated by the 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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$12,500,000, to remain available until September 30, 2022, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, for oversight and audit of programs, activities,
grants and projects funded under this title: Provided, That such
amount is designated by the 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.
grants for construction of state extended care facilities
For an additional amount for ``Grants for Construction of State
Extended Care Facilities'', $150,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including to modify or
alter existing hospital, nursing home, and domiciliary facilities in
State homes: Provided, That such amount is designated by the 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.
RELATED AGENCIES
Armed Forces Retirement Home Trust Fund
For an additional amount for the ``Armed Forces Retirement Home
Trust Fund'', $2,800,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, to be paid from
funds available in the Armed Forces Retirement Home Trust Fund:
Provided, That of the amounts made available under this heading from
funds available in the Armed Forces Retirement Home Trust Fund,
$2,800,000 shall be paid from the general fund of the Treasury to the
Trust Fund: Provided further, That the Chief Executive Officer of the
Armed Forces Retirement Home shall submit to the Committees on
Appropriations of both Houses of Congress monthly reports detailing
obligations, expenditures, and planned activities: Provided further,
That such amount is designated by the 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.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 20001. Amounts made available for the Department of Veterans
Affairs in this title, under the ``Medical Services'', ``Medical
Community Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts to prevent,
prepare for, and respond to coronavirus, domestically and
internationally: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts of 2 percent or less
of the total amount appropriated to an account in this title may take
place subject to notification from the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress of the
amount and purpose of the transfer: Provided further, That any
transfers among the ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical Facilities'' accounts
in excess of 2 percent of the total amount appropriated to an account
in this title, or exceeding a cumulative 2 percent for all of the funds
provided in this title, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued.
Sec. 20002. For all of the funds appropriated in this title the
Secretary of Veterans Affairs shall submit to the Committees on
Appropriations of both Houses of Congress monthly reports detailing
obligations, expenditures, and planned activities.
public health emergency
Sec. 20003. In this title, the term ``public health emergency''
means an emergency with respect to COVID-19 declared by a Federal,
State, or local authority.
short-term agreements or contracts with telecommunications providers
to expand telemental health services for isolated veterans during a
public health emergency
Sec. 20004. (a) In General.--Notwithstanding any other provision
of law, the Secretary of Veterans Affairs may enter into short-term
agreements or contracts with telecommunications companies to provide
temporary, complimentary or subsidized, fixed and mobile broadband
services for the purposes of providing expanded mental health services
to isolated veterans through telehealth or VA Video Connect during a
public health emergency.
(b) Eligibility.--
(1) In general.--The Secretary may expand eligibility for
services described in subsection (a) from the Department of
Veterans Affairs to include veterans already receiving care from
the Department who may not be eligible for mental health services
or other health care services delivered through telehealth or VA
Video Connect.
(2) Priority.--For purposes of expanding eligibility under
paragraph (1), the Secretary shall prioritize--
(A) veterans who are in unserved and underserved areas;
(B) veterans who reside in rural and highly rural areas, as
defined in the Rural-Urban Commuting Areas coding system of the
Department of Agriculture;
(C) low-income veterans; and
(D) any other veterans that the Secretary considers to be
at a higher risk for suicide and mental health concerns during
isolation periods due to a public health emergency.
(c) Definitions.--In this section:
(1) Telehealth.--
(A) In general.--The term ``telehealth'' means the use of
electronic information and telecommunications technologies to
support and promote long-distance clinical health care, patient
and professional health-related education, public health, and
health administration.
(B) Technologies.--For purposes of subparagraph (A),
telecommunications technologies include videoconferencing, the
internet, streaming media, and terrestrial and wireless
communications.
(2) VA video connect.--The term ``VA Video Connect'' means the
program of the Department of Veterans Affairs to connect veterans
with their health care team from anywhere, using encryption to
ensure a secure and private session.
treatment of state homes during public health emergency
Sec. 20005. (a) Waiver of Occupancy Rate Requirements.--During a
public health emergency, occupancy rate requirements for State homes
for purposes of receiving per diem payments set forth in section
51.40(c) of title 38, Code of Federal Regulations, or successor
regulations, shall not apply.
(b) Waiver of Veteran Percentage Requirements.--During a public
health emergency, the veteran percentage requirements for State homes
set forth in section 51.210(d) of title 38, Code of Regulations, or
successor regulations, and in agreements for grants to construct State
homes, shall not apply.
(c) Provision of Medicine, Equipment, and Supplies.--
(1) In general.--During a public health emergency, the
Secretary of Veterans Affairs may provide to State homes medicines,
personal protective equipment, medical supplies, and any other
equipment, supplies, and assistance available to the Department of
Veterans Affairs.
(2) Provision of equipment.--Personal protective equipment may
be provided under paragraph (1) through the All Hazards Emergency
Cache of the Department of Veterans Affairs or any other source
available to the Department.
(d) Definitions.--In this section:
(1) Personal protective equipment.--The term ``personal
protective equipment'' means any protective equipment required to
prevent the wearer from contracting COVID-19, including gloves, N-
95 respirator masks, gowns, goggles, face shields, or other
equipment required for safety.
(2) Public health emergency.--The term ``public health
emergency'' means an emergency with respect to COVID-19 declared by
a Federal, State, or local authority.
(3) State home.--The term ``State home'' has the meaning given
that term in section 101(19) of title 38, United States Code.
modifications to veteran directed care program of department of
veterans affairs
Sec. 20006. (a) Telephone or Telehealth Renewals.--For the Veteran
Directed Care program of the Department of Veterans Affairs (in this
section referred to as the ``Program''), during a public health
emergency, the Secretary of Veterans Affairs shall--
(1) waive the requirement that an area agency on aging process
new enrollments and six-month renewals for the Program via an in-
person or home visit; and
(2) allow new enrollments and sixth-month renewals for the
Program to be conducted via telephone or telehealth modality.
(b) No Suspension or Disenrollment.--During a public health
emergency, the Secretary shall not suspend or dis-enroll a veteran or
caregiver of a veteran from the Program unless--
(1) requested to do so by the veteran or a representative of
the veteran; or
(2) a mutual decision is made between the veteran and a health
care provider of the veteran to suspend or dis-enroll the veteran
or caregiver from the Program.
(c) Waiver of Paperwork Requirement.--During a public health
emergency, the Secretary may waive the requirement for signed, mailed
paperwork to confirm the enrollment or renewal of a veteran in the
Program and may allow verbal consent of the veteran via telephone or
telehealth modality to suffice for purposes of such enrollment or
renewal.
(d) Waiver of Other Requirements.--During a public health
emergency, the Secretary shall waive--
(1) any penalty for late paperwork relating to the Program; and
(2) any requirement to stop payments for veterans or caregivers
of veterans under the Program if they are out of State for more
than 14 days.
(e) Area Agency on Aging Defined.--In this section, the term ``area
agency on aging'' has the meaning given that term in section 102 of the
Older Americans Act of 1965 (42 U.S.C. 3002).
provision by department of veterans affairs of prosthetic appliances
through non-department providers during public health emergency
Sec. 20007. The Secretary of Veterans Affairs shall ensure that, to
the extent practicable, veterans who are receiving or are eligible to
receive a prosthetic appliance under section 1714 or 1719 of title 38,
United States Code, are able to receive such an appliance that the
Secretary determines is needed from a non-Department of Veterans
Affairs provider under a contract with the Department during a public
health emergency.
waiver of pay caps for employees of department of veterans affairs
during public health emergencies
Sec. 20008. (a) In General.--Notwithstanding any other provision
of law, the Secretary of Veterans Affairs may waive any limitation on
pay for an employee of the Department of Veterans Affairs during a
public health emergency for work done in support of response to the
emergency.
(b) Reporting.--
(1) In general.--For each month that the Secretary waives a
limitation under subsection (a), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
waiver.
(2) Contents.--Each report submitted under paragraph (1) for a
waiver or waivers in a month shall include the following:
(A) Where the waiver or waivers were used, including in
which component of the Department and, as the case may be,
which medical center of the Department.
(B) For how many employees the waiver or waivers were used,
disaggregated by component of the Department and, if
applicable, medical center of the Department.
(C) The average amount by which each payment exceeded the
waived pay limitation that was waived, disaggregated by
component of the Department and, if applicable, medical center
of the Department.
(c) Employee of the Department of Veterans Affairs Defined.--In
this section, the term ``employee of the Department of Veterans
Affairs'' includes any employee of the Department of Veterans Affairs,
regardless of the authority under which the employee was hired.
provision by department of veterans affairs of personal protective
equipment for home health workers
Sec. 20009. (a) Provision of Equipment.--
(1) In general.--During a public health emergency, the
Secretary of Veterans Affairs shall provide to employees and
contractors of the Department of Veterans Affairs personal
protective equipment necessary to provide home care to veterans
under the laws administered by the Secretary.
(2) Source of equipment.--Personal protective equipment may be
provided under paragraph (1) through the All Hazards Emergency
Cache of the Department or any other source available to the
Department.
(b) Definitions.--In this section:
(1) Home care.--The term ``home care'' has the meaning given
that term in section 1803(c) of title 38, United States Code.
(2) Personal protective equipment.--The term ``personal
protective equipment'' means any protective equipment required to
prevent the wearer from contracting COVID-19, including gloves, N-
95 respirator masks, gowns, goggles, face shields, or other
equipment required for safety.
clarification of treatment of payments for purposes of eligibility
for veterans pension and other veterans benefits
Sec. 20010. Amounts paid to a person under the 2020 Recovery Rebate
in the Coronavirus Aid, Relief, and Economic Security Act shall not be
treated as income or resources for purposes of determining eligibility
for pension under chapter 15 of title 38, United States Code, or any
other benefit under a law administered by the Secretary of Veterans
Affairs.
availability of telehealth for case managers and homeless veterans
Sec. 20011. The Secretary of Veterans Affairs shall ensure that
telehealth capabilities are available during a public health emergency
for case managers of, and homeless veterans participating in, the
Department of Housing and Urban Development-Department of Veterans
Affairs Supportive Housing program (commonly referred to as ``HUD-
VASH'').
funding limits for financial assistance for supportive services for
very low-income veteran families in permanent housing during a public
health emergency
Sec. 20012. In the case of a public health emergency, nothing in
subsection (e)(1) of section 2044 of title 38, United States Code, may
be construed as limiting amounts that may be made available for
carrying out subsections (a), (b), and (c) of such section.
modifications to comprehensive service programs for homeless veterans
during a public health emergency
Sec. 20013. (a) Rule of Construction.--In the case of a public
health emergency, no authorization of appropriations in section 2014 of
title 38, United States Code, may be construed as limiting amounts that
may be appropriated for carrying out subchapter II of chapter 20 of
such title.
(b) Grants and Per Diem Payments.--In the case of a public health
emergency, the Secretary of Veterans Affairs may waive any limits on--
(1) grant amounts under sections 2011 and 2061 of title 38,
United States Code; and
(2) rates for per diem payments under sections 2012 and 2061 of
such title.
(c) Participant Absence.--Notwithstanding Veterans Health
Administration Handbook 1162.01(1), dated July 12, 2013, and amended
June 30, 2014, and titled ``Grant and Per Diem (GPD) Program'', or any
other provision of law, for the duration of a public health emergency,
the Secretary--
(1) shall waive any requirement to discharge a veteran from the
grant and per diem program of the Veterans Health Administration
after the veteran is absent for 14 days; and
(2) may continue to pay per diem to grant recipients and
eligible entities under the program for any additional days of
absence when a veteran has already been absent for more than 72
hours.
Sec. 20014. The amounts provided by sections 20003 through 20013
of this title in this Act are designated by the 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.
TITLE XI
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $324,000,000,
to remain available until September 30, 2022, to prevent, prepare for,
and respond to coronavirus, including for necessary expenses to
maintain consular operations and to provide for evacuation expenses and
emergency preparedness: Provided, That such amount is designated by
the 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.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $95,000,000,
to remain available until September 30, 2022, to prevent, prepare for,
and respond to coronavirus: Provided, That such amount is designated
by the 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.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$258,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus: Provided, That such amount is
designated by the 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.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$350,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus: Provided, That such amount is
designated by the 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.
Independent Agencies
peace corps
For an additional amount for ``Peace Corps'', $88,000,000, to
remain available until September 30, 2022, to prevent, prepare for, and
respond to coronavirus: Provided, That such amount is designated by
the 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.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 21001. The authorities and limitations of section 402 of the
Coronavirus Preparedness and Response Supplemental Appropriations Act
(division A of Public Law 116-123) shall apply to funds appropriated by
this title as follows:
(1) Subsections (a), (d), (e), and (f) shall apply to funds
under the heading ``Diplomatic Programs''; and
(2) Subsections (c), (d), (e), and (f) shall apply to funds
under the heading ``International Disaster Assistance''.
Sec. 21002. Funds appropriated by this title under the headings
``Diplomatic Programs'', ``Operating Expenses'', and ``Peace Corps''
may be used to reimburse such accounts administered by the Department
of State, the United States Agency for International Development, and
the Peace Corps, as appropriate, for obligations incurred to prevent,
prepare for, and respond to coronavirus prior to the date of enactment
of this Act.
Sec. 21003. The reporting requirement of section 406(b) of the
Coronavirus Preparedness and Response Supplemental Appropriations Act,
2020 (division A of Public Law 116-123) shall apply to funds
appropriated by this title: Provided, That the requirement to jointly
submit such report shall not apply to the Director of the Peace Corps:
Provided further, That reports required by such section may be
consolidated and shall include information on all funds made available
to such Federal agencies to prevent, prepare for, and respond to
coronavirus.
Sec. 21004. Section 7064(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020 (division G
of Public Law 116-94) is amended by striking `` $100,000,000'' and
inserting in lieu thereof `` $110,000,000'', and by adding the
following before the period at the end: ``: Provided, That no amounts
may be used that were designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985''.
Sec. 21005. The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2020 (division G of Public Law
116-94) is amended under the heading ``Emergencies in the Diplomatic
and Consular Service'' in title I by striking `` $1,000,000'' and
inserting in lieu thereof `` $5,000,000''.
Sec. 21006. The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2020 (division G of Public Law
116-94) is amended under the heading ``Millennium Challenge
Corporation'' in title III by striking `` $105,000,000'' in the first
proviso and inserting in lieu thereof `` $107,000,000''.
Sec. 21007. Notwithstanding any other provision of law, and in
addition to leave authorized under any other provision of law, the
Secretary of State and the Administrator of the United States Agency
for International Development may, in order to prevent, prepare for,
and respond to coronavirus, provide additional paid leave to address
employee hardships resulting from coronavirus: Provided, That this
authority shall apply to leave taken since January 29, 2020, and may be
provided abroad and domestically: Provided further, That the Secretary
and the Administrator shall consult with the Committee on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on Appropriations and the Committee on Foreign Affairs of
the House of Representatives prior to implementation of such authority:
Provided further, That the authority made available pursuant to this
section shall expire on September 30, 2022.
Sec. 21008. The Secretary of State, to prevent, prepare for, and
respond to coronavirus, may exercise the authorities of section 3(j) of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2670(j))
to provide medical services or related support for private United
States citizens, nationals, and permanent resident aliens abroad, or
third country nationals connected to such persons or to the diplomatic
or development missions of the United States abroad, who are unable to
obtain such services or support otherwise: Provided, That such
assistance shall be provided on a reimbursable basis to the extent
feasible: Provided further, That such reimbursements may be credited
to the applicable Department of State appropriation and shall remain
available until expended: Provided further, That the Secretary shall
prioritize providing medical services or related support to individuals
eligible for the health program under section 904 of the Foreign
Service Act of 1980 (22 U.S.C. 4084): Provided further, That the
authority made available pursuant to this section shall expire on
September 30, 2022.
Sec. 21009. Notwithstanding section 6(b) of the Department of
State Authorities Act of 2006 (Public Law 109-472; 120 Stat. 3556),
during fiscal year 2020, passport and immigrant visa surcharges
collected in any fiscal year pursuant to the fourth paragraph under the
heading ``Diplomatic and Consular Programs'' in the Department of State
and Related Agency Appropriations Act, 2005 (title IV of division B of
Public Law 108-447; 8 U.S.C. 1714) may be obligated and expended for
the costs of providing consular services: Provided, That such funds
should be prioritized for United States citizen services: Provided
further, That not later than 90 days after the expiration of this
authority, the Secretary of State shall provide a report to the
Committee on Appropriations and the Committee on Foreign Relations of
the Senate and the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives detailing the specific
expenditures made pursuant to this authority: Provided further, That
the amount provided by this section is designated by the 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.
Sec. 21010. The Department of State and the United States Agency
for International Development are authorized to enter into contracts
with individuals for the provision of personal services (as described
in section 104 of part 37 of title 48, Code of Federal Regulations and
including pursuant to section 904 of the Foreign Service Act of 1980
(22 U.S.C. 4084)) to prevent, prepare for, and respond to coronavirus,
within the United States and abroad, subject to prior consultation
with, and the notification procedures of, the Committee on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on Appropriations and the Committee on Foreign Affairs of
the House of Representatives: Provided, That such individuals may not
be deemed employees of the United States for the purpose of any law
administered by the Office of Personnel Management: Provided further,
That not later than 15 days after utilizing this authority, the
Secretary of State shall provide a report to the Committee on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on Appropriations and the Committee on Foreign Affairs of
the House of Representatives on the overall staffing needs for the
Office of Medical Services: Provided further, That the authority made
available pursuant to this section shall expire on September 30, 2022.
Sec. 21011. Notwithstanding any other provision of law, the
Secretary of State and the Administrator of the United States Agency
for International Development may authorize any oath of office required
by law to, in particular circumstances that could otherwise pose health
risks, be administered remotely, subject to appropriate verification:
Provided, That prior to initially exercising the authority of this
section, the Secretary and the Administrator shall each submit a report
to the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on Foreign Affairs of the House of Representatives describing
the process and procedures for administering such oaths, including
appropriate verification: Provided further, That the authority made
available pursuant to this section shall expire on September 30, 2021.
Sec. 21012. (a) Purposes.--For purposes of strengthening the
ability of foreign countries to prevent, prepare for, and respond to
coronavirus and to the adverse economic impacts of coronavirus, in a
manner that would protect the United States from the spread of
coronavirus and mitigate an international economic crisis resulting
from coronavirus that may pose a significant risk to the economy of the
United States, each paragraph of subsection (b) shall take effect upon
enactment of this Act.
(b) Coronavirus Responses.--
(1) International development association replenishment.--The
International Development Association Act (22 U.S.C. 284 et seq.)
is amended by adding at the end the following new section:
``SEC. 31. NINETEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the International
Development Association is authorized to contribute on behalf of the
United States $3,004,200,000 to the nineteenth replenishment of the
resources of the Association, subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$3,004,200,000 for payment by the Secretary of the Treasury.''.
(2) International finance corporation authorization.--The
International Finance Corporation Act (22 U.S.C. 282 et seq.) is
amended by adding at the end the following new section:
``SEC. 18. CAPITAL INCREASES AND AMENDMENT TO THE ARTICLES OF
AGREEMENT.
``(a) Votes Authorized.--The United States Governor of the
Corporation is authorized to vote in favor of--
``(1) a resolution to increase the authorized capital stock of
the Corporation by 16,999,998 shares, to implement the conversion
of a portion of the retained earnings of the Corporation into paid-
in capital, which will result in the United States being issued an
additional 3,771,899 shares of capital stock, without any cash
contribution;
``(2) a resolution to increase the authorized capital stock of
the Corporation on a general basis by 4,579,995 shares; and
``(3) a resolution to increase the authorized capital stock of
the Corporation on a selective basis by 919,998 shares.
``(b) Amendment of the Articles of Agreement.--The United States
Governor of the Corporation is authorized to agree to and accept an
amendment to article II, section 2(c)(ii) of the Articles of Agreement
of the Corporation that would increase the vote by which the Board of
Governors of the Corporation may increase the capital stock of the
Corporation from a four-fifths majority to an eighty-five percent
majority.''.
(3) African development bank.--The African Development Bank Act
(22 U.S.C. 290i et seq.) is amended by adding at the end the
following new section:
``SEC. 1345. SEVENTH CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) In general.--The United States Governor of the Bank may
subscribe on behalf of the United States to 532,023 additional
shares of the capital stock of the Bank.
``(2) Limitation.--Any subscription by the United States to the
capital stock of the Bank shall be effective only to such extent
and in such amounts as are provided in advance in appropriations
Acts.
``(b) Authorization of Appropriations.--
``(1) In general.--In order to pay for the increase in the
United States subscription to the Bank under subsection (a), there
are authorized to be appropriated, without fiscal year limitation,
$7,286,587,008 for payment by the Secretary of the Treasury.
``(2) Share types.--Of the amount authorized to be appropriated
under paragraph (1)--
``(A) $437,190,016 shall be for paid in shares of the Bank;
and
``(B) $6,849,396,992 shall be for callable shares of the
Bank.''.
(4) African development fund.--The African Development Fund Act
(22 U.S.C. 290g et seq.) is amended by adding at the end the
following new section:
``SEC. 226. FIFTEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the Fund is
authorized to contribute on behalf of the United States $513,900,000 to
the fifteenth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$513,900,000 for payment by the Secretary of the Treasury.''.
(5) International monetary fund authorization for new
arrangements to borrow.--
(A) In general.--Section 17 of the Bretton Woods Agreements
Act (22 U.S.C. 286e-2) is amended--
(i) in subsection (a)--
(I) by redesignating paragraphs (3), (4), and (5)
as paragraphs (4), (5), and (6), respectively;
(II) by inserting after paragraph (2) the following
new paragraph:
``(3) In order to carry out the purposes of a one-time decision
of the Executive Directors of the International Monetary Fund (the
Fund) to expand the resources of the New Arrangements to Borrow,
established pursuant to the decision of January 27, 1997, referred
to in paragraph (1), the Secretary of the Treasury is authorized to
make loans, in an amount not to exceed the dollar equivalent of
28,202,470,000 of Special Drawing Rights, in addition to any
amounts previously authorized under this section, except that prior
to activation of the New Arrangements to Borrow, the Secretary of
the Treasury shall report to Congress whether supplementary
resources are needed to forestall or cope with an impairment of the
international monetary system and whether the Fund has fully
explored other means of funding to the Fund.'';
(III) in paragraph (5), as so redesignated, by
striking ``paragraph (3)'' and inserting ``paragraph
(4)''; and
(IV) in paragraph (6), as so redesignated, by
striking ``December 16, 2022'' and inserting ``December
31, 2025''; and
(ii) in subsection (e)(1) by striking ``(a)(2),'' each
place such term appears and inserting ``(a)(2), (a)(3),''.
(B) Emergency designation.--The amount provided by this
paragraph is designated by the 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.
TITLE XII
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $1,753,000,
to remain available until expended, to prevent, prepare for, and
respond to coronavirus, including necessary expenses for operating
costs and capital outlays: Provided, That such amounts are in addition
to any other amounts made available for this purpose: Provided
further, That obligations of amounts under this heading in this Act
shall not be subject to the limitation on obligations under the heading
``Office of the Secretary--Working Capital Fund'' in division H of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94):
Provided further, That such amount is designated by the 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.
essential air service
In addition to funds provided to the ``Payments to Air Carriers''
program in Public Law 116-94 to carry out the essential air service
program under section 41731 through 41742 of title 49, United States
Code, $56,000,000, to be derived from the general fund of the Treasury,
and to be made available to the Essential Air Service and Rural
Improvement Fund, to remain available until expended, to prevent,
prepare for, and respond to coronavirus: Provided, That such amount is
designated by the 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.
Federal Aviation Administration
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'',
$10,000,000,000, to prevent, prepare for, and respond to coronavirus,
to remain available until expended: Provided, That amounts made
available under this heading in this Act shall be derived from the
general fund of the Treasury: Provided further, That funds provided
under this heading in this Act shall only be available to sponsors of
airports defined in section 47102 of title 49, United States Code:
Provided further, That funds provided under this heading in this Act
shall not otherwise be subject to the requirements of chapter 471 of
such title: Provided further, That notwithstanding the previous
proviso, section 47112(b) of such title shall apply to funds provided
for any contract awarded (after the date of enactment) for airport
development and funded under this heading: Provided further, That
funds provided under this heading in this Act may not be used for any
purpose not directly related to the airport: Provided further, That of
the amounts appropriated under this heading in this Act--
(1) Not less than $500,000,000 shall be available to pay a
Federal share of 100 percent of the costs for which a grant is made
under Public Law 116-94: Provided, That any remaining funds after
the apportionment under this paragraph (1) shall be distributed as
described in paragraph (2) under this heading in this Act;
(2) Not less than $7,400,000,000 shall be available for any
purpose for which airport revenues may lawfully be used: Provided,
That 50 percent of such funds shall be allocated among all
commercial service airports based on each sponsor's calendar year
2018 enplanements as a percentage of total 2018 enplanements for
all commercial service airports: Provided further, That the
remaining 50 percent of such funds shall be allocated among all
commercial service airports based on an equal combination of each
sponsor's fiscal year 2018 debt service as a percentage of the
combined debt service for all commercial service airports and each
sponsor's ratio of unrestricted reserves to their respective debt
service: Provided further, That the Federal share payable of the
costs for which a grant is made under this paragraph shall be 100
percent:
(3) Up to $2,000,000,000 shall be available for any purpose for
which airport revenues may lawfully be used, and: (A) be
apportioned as set forth in section 47114(c)(1)(C)(i),
47114(c)(1)(C)(ii), or 47114(c)(1)(H) of title 49, United States
Code; (B) not be subject to the reduced apportionments of 49 U.S.C.
47114(f); and (C) have no maximum apportionment limit,
notwithstanding 47114(c)(1)(C)(iii) of title 49, United States
Code: Provided, That any remaining funds after the apportionment
under this paragraph (3) shall be distributed as described in
paragraph (2) under this heading in this Act: Provided further,
That the Federal share payable of the costs for which a grant is
made under this paragraph shall be 100 percent; and
(4) Not less than $100,000,000 shall be for general aviation
airports for any purpose for which airport revenues may lawfully be
used, and, which the Secretary shall apportion directly to each
eligible airport, as defined in section 47102(8) of title 49,
United States Code, based on the categories published in the most
current National Plan of Integrated Airport Systems, reflecting the
percentage of the aggregate published eligible development costs
for each such category, and then dividing the allocated funds
evenly among the eligible airports in each category, rounding up to
the nearest thousand dollars: Provided, That the Federal share
payable of the costs for which a grant is made under this paragraph
shall be 100 percent:
Provided further, That the Administrator of the Federal Aviation
Administration may retain up to 0.1 percent of the funds provided under
this heading in this Act to fund the award and oversight by the
Administrator of grants made under this heading in this Act: Provided
further, That obligations of funds under this heading in this Act shall
not be subject to any limitations on obligations provided in Public Law
116-94: Provided further, That all airports receiving funds under this
heading in this Act shall continue to employ, through December 31,
2020, at least 90 percent of the number of individuals employed (after
making adjustments for retirements or voluntary employee separations)
by the airport as of the date of enactment of this Act: Provided
further, That the Secretary may waive the workforce retention
requirement in the previous proviso, if the Secretary determines the
airport is experiencing economic hardship as a direct result of the
requirement, or the requirement reduces aviation safety or security:
Provided further, That the workforce retention requirement shall not
apply to nonhub airports or nonprimary airports receiving funds under
this heading in this Act: Provided further, That such amount is
designated by the 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.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
Of prior year unobligated contract authority and liquidating cash
provided for Motor Carrier Safety in the Transportation Equity Act for
the 21st Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59),
or other appropriations or authorization acts, in addition to amounts
already appropriated in fiscal year 2020 for ``Motor Carrier Safety
Operations and Programs'', $150,000 in additional obligation limitation
is provided and repurposed for obligations incurred to support
activities to prevent, prepare for, and respond to coronavirus.
Federal Railroad Administration
safety and operations
For an additional amount for ``Safety and Operations'', $250,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus: Provided, That such amount is designated
by the 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.
northeast corridor grants to the national railroad passenger
corporation
(including transfer of funds)
For an additional amount for ``Northeast Corridor Grants to the
National Railroad Passenger Corporation'', $492,000,000, to remain
available until expended, to prevent, prepare for, and respond to
coronavirus, including to enable the Secretary of Transportation to
make or amend existing grants to the National Railroad Passenger
Corporation for activities associated with the Northeast Corridor, as
authorized by section 11101(a) of the Fixing America's Surface
Transportation Act (division A of Public Law 114-94): Provided, That
amounts made available under this heading in this Act may be
transferred to and merged with ``National Network Grants to the
National Railroad Passenger Corporation'' to prevent, prepare for, and
respond to coronavirus: Provided further, That such amount is
designated by the 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.
national network grants to the national railroad passenger corporation
(including transfer of funds)
For an additional amount for ``National Network Grants to the
National Railroad Passenger Corporation'', $526,000,000, to remain
available until expended, to prevent, prepare for, and respond to
coronavirus, including to enable the Secretary of Transportation to
make or amend existing grants to the National Railroad Passenger
Corporation for activities associated with the National Network as
authorized by section 11101(b) of the Fixing America's Surface
Transportation Act (division A of Public Law 114-94): Provided, That a
State shall not be required to pay the National Railroad Passenger
Corporation more than 80 percent of the amount paid in fiscal year 2019
under section 209 of the Passenger Rail Investment and Improvement Act
of 2008 (Public Law 110-432) and that not less than $239,000,000 of the
amounts made available under this heading in this Act shall be made
available for use in lieu of any increase in a State's payment:
Provided further, That amounts made available under this heading in
this Act may be transferred to and merged with ``Northeast Corridor
Grants to the National Railroad Passenger Corporation'' to prevent,
prepare for, and respond to coronavirus: Provided further, That such
amount is designated by the 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.
Federal Transit Administration
transit infrastructure grants
For an additional amount for ``Transit Infrastructure Grants'',
$25,000,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus: Provided, That the Secretary
of Transportation shall provide funds appropriated under this heading
in this Act as if such funds were provided under section 5307 of title
49, United States Code, and section 5311 of title 49, United States
Code and apportion such funds in accordance with section 5336 of such
title (other than subsections (h)(1) and (h)(4)), section 5311 (other
than subsection (b)(3) and (c)(1)(A)), section 5337 and section 5340 of
title 49, United States Code, and apportion such funds in accordance
with such sections except that funds apportioned under section 5337
shall be added to funds apportioned under 5307 for administration under
5307: Provided further, That the Secretary shall allocate the amounts
provided in the preceding proviso under sections 5307, 5311, 5337, and
5340 of title 49, United States Code, among such sections in the same
ratio as funds were provided in the fiscal year 2020 appropriations:
Provided further, That funds apportioned under this heading in this Act
shall be apportioned not later than 7 days after the date of enactment
of this Act: Provided further, That funds shall be apportioned using
the fiscal year 2020 apportionment formulas: Provided further, That
not more than three-quarters of 1 percent, but not to exceed
$75,000,000, of the funds for transit infrastructure grants provided
under this heading in this Act shall be available for administrative
expenses and ongoing program management oversight as authorized under
sections 5334 and 5338(f)(2) of title 49, United States Code, and shall
be in addition to any other appropriations for such purpose: Provided
further, That notwithstanding subsection (a)(1) or (b) of section 5307
of title 49, United States Code, funds provided under this heading are
available for the operating expenses of transit agencies related to the
response to a coronavirus public health emergency as described in
section 319 of the Public Health Service Act, including, beginning on
January 20, 2020, reimbursement for operating costs to maintain service
and lost revenue due to the coronavirus public health emergency,
including the purchase of personal protective equipment, and paying the
administrative leave of operations personnel due to reductions in
service: Provided further, That such operating expenses are not
required to be included in a transportation improvement program, long-
range transportation, statewide transportation plan, or a statewide
transportation improvement program: Provided further, That the
Secretary shall not waive the requirements of section 5333 of title 49,
United States Code, for funds appropriated under this heading in this
Act or for funds previously made available under section 5307 of title
49, United States Code, or sections 5311, 5337, or 5340 of such title
as a result of the coronavirus: Provided further, That unless
otherwise specified, applicable requirements under chapter 53 of title
49, United States Code, shall apply to funding made available under
this heading in this Act, except that the Federal share of the costs
for which any grant is made under this heading in this Act shall be, at
the option of the recipient, up to 100 percent: Provided further, That
the amount made available under this heading in this Act shall be
derived from the general fund and shall not be subject to any
limitation on obligations for transit programs set forth in any Act:
Provided further, That such amount is designated by the 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.
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$3,134,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus: Provided, That of the amounts
made available under this heading in this Act, $1,000,000 shall be for
the operations of the United States Merchant Marine Academy: Provided
further, That such amount is designated by the 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.
state maritime academy operations
For an additional amount for ``State Maritime Academy Operations'',
$1,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus: Provided, That amounts made
available under this heading in this Act shall be for direct payments
for State Maritime Academies: Provided further, That such amount is
designated by the 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.
Office of Inspector General
salaries and expenses
For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus: Provided, That the funding made
available under this heading in this Act shall be used for conducting
audits and investigations of projects and activities carried out with
funds made available in this Act to the Department of Transportation to
prevent, prepare for, and respond to coronavirus: Provided further,
That such amount is designated by the 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.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
administrative support offices
For an additional amount for ``Administrative Support Offices'',
$35,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, for the Office of the Chief
Financial Officer, including for Department-wide salaries and expenses,
Information Technology purposes, and to support the Department's
workforce in a telework environment: Provided, That the amounts
provided under this heading in this Act shall be in addition to amounts
otherwise available for such purposes, including amounts made available
under the heading ``Program Offices'' in this Act: Provided further,
That such amount is designated by the 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.
program offices
For an additional amount for ``Program Offices'', $15,000,000, to
remain available until September 30, 2021, to prevent, prepare for, and
respond to coronavirus: Provided, That of the sums appropriated under
this heading in this Act--
(1) $5,000,000 shall be available for the Office of Public and
Indian Housing; and
(2) $10,000,000 shall be available for the Office of Community
Planning and Development:
Provided further, That such amount is designated by the 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.
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental Assistance'',
$1,250,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, including to provide additional funds
for public housing agencies to maintain normal operations and take
other necessary actions during the period that the program is impacted
by coronavirus: Provided, That of the amounts made available under
this heading in this Act, $850,000,000 shall be available for both
administrative expenses and other expenses of public housing agencies
for their section 8 programs, including Mainstream vouchers: Provided
further, That such other expenses shall be new eligible activities to
be defined by the Secretary and shall include activities to support or
maintain the health and safety of assisted individuals and families,
and costs related to retention and support of participating owners:
Provided further, That amounts made available under paragraph (3) under
this heading in Public Law 116-94 may be used for such other expenses,
as described in the previous proviso, in addition to their other
available uses: Provided further, That of the amounts made available
under this heading in this Act, $400,000,000 shall be available for
adjustments in the calendar year 2020 section 8 renewal funding
allocations, in addition to any other appropriations available for such
purpose, including Mainstream vouchers, for public housing agencies
that experience a significant increase in voucher per-unit costs due to
extraordinary circumstances or that, despite taking reasonable cost
savings measures, as determined by the Secretary, would otherwise be
required to terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary shall
allocate amounts provided in the previous proviso based on need, as
determined by the Secretary: Provided further, That the Secretary may
waive, or specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in connection with
the use of the amounts made available under this heading and the same
heading of Public Law 116-94 (except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the safe and effective administration of
these funds, consistent with the purposes described under this heading
in this Act, to prevent, prepare for, and respond to coronavirus:
Provided further, That the Secretary shall notify the public through
the Federal Register or other appropriate means of any such waiver or
alternative requirement to ensure the most expeditious allocation of
this funding, and in order for such waiver or alternative requirement
to take effect, and that such public notice may be provided, at a
minimum, on the Internet at the appropriate Government web site or
through other electronic media, as determined by the Secretary:
Provided further, That any such waivers or alternative requirements
shall remain in effect for the time and duration specified by the
Secretary in such public notice and may be extended if necessary upon
additional notice by the Secretary: Provided further, That to prevent,
prepare for, and respond to coronavirus, the notification required by
section 223 of Public Law 116-6 and section 221 of Public Law 116-94
shall not apply to the award of amounts provided under paragraph (2) of
this heading in Public Law 116-6 or under paragraph (7)(B) of this
heading in Public Law 116-94 in support of the family unification
program under section 8(x) of such Act: Provided further, That the
Secretary may award any remaining unobligated balances appropriated
under this heading in prior Acts for incremental tenant-based
assistance contracts under section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013), to prevent, prepare
for, and respond to coronavirus, without competition, including for
extraordinary administrative fees: Provided further, That no less than
25 percent of such amounts shall be allocated proportionally to public
housing agencies who received awards in the 2017 and 2019 competitions
for such purposes within 60 days of enactment of this Act: Provided
further, That the waiver and alternative requirements authority
provided under this heading in this Act shall also apply to such
incremental tenant-based assistance contract amounts: Provided
further, That such amount is designated by the 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.
public housing operating fund
For an additional amount for ``Public Housing Operating Fund'', as
authorized by section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $685,000,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus, including to
provide additional funds for public housing agencies to maintain normal
operations and take other necessary actions during the period that the
program is impacted by coronavirus: Provided, That the amount provided
under this heading in this Act shall be combined with the amount
appropriated for the same purpose under the same heading of Public Law
116-94, and distributed to all public housing agencies pursuant to the
Operating Fund formula at part 990 of title 24, Code of Federal
Regulations: Provided further, That for the period from the enactment
of this Act through December 31, 2020, such combined total amount may
be used for eligible activities under subsections (d)(1) and (e)(1) of
such section 9 and for other expenses related to preventing, preparing
for, and responding to coronavirus, including activities to support or
maintain the health and safety of assisted individuals and families,
and activities to support education and child care for impacted
families: Provided further, That amounts made available under the
headings ``Public Housing Operating Fund'' and ``Public Housing Capital
Fund'' in prior Acts, except for any set-asides listed under such
headings, may be used for all of the purposes described in the previous
proviso: Provided further, That the expanded uses and funding
flexibilities described in the previous two provisos shall be available
to all public housing agencies through December 31, 2020, except that
the Secretary may extend the period under which such flexibilities
shall be available in additional 12 month increments upon a finding
that individuals and families assisted by the public housing program
continue to require expanded services due to coronavirus: Provided
further, That the Secretary may waive, or specify alternative
requirements for, any provision of any statute or regulation that the
Secretary administers in connection with the use of such combined total
amount or funds made available under the headings ``Public Housing
Operating Fund'' and ``Public Housing Capital Fund'' in prior Acts
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the Secretary
that any such waivers or alternative requirements are necessary for the
safe and effective administration of these funds to prevent, prepare
for, and respond to coronavirus: Provided further, That the Secretary
shall notify the public through the Federal Register or other
appropriate means of any such waiver or alternative requirement, to
ensure the most expeditious allocation of this funding, in order for
such waiver or alternative requirement to take effect, and that such
public notice may be provided, at a minimum, on the Internet at the
appropriate Government web site or through other electronic media, as
determined by the Secretary: Provided further, That any such waivers
or alternative requirements shall remain in effect for the time and
duration specified by the Secretary in such public notice and may be
extended if necessary upon additional notice by the Secretary:
Provided further, That such amount is designated by the 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.
native american programs
For an additional amount for ``Native American Programs'',
$300,000,000, to remain available until September 30, 2024, to prevent,
prepare for, and respond to coronavirus, for activities and assistance
authorized under title I of the Native American Housing Assistance and
Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), and
under title I of the Housing and Community Development Act of 1974 with
respect to Indian tribes (42 U.S.C. 5306(a)(1)): Provided, That the
amounts made available under this heading in this Act are as follows:
(1) No less than $200,000,000 shall be available for the Native
American Housing Block Grants program, as authorized under title I
of NAHASDA: Provided, That amounts made available under this
paragraph shall be distributed according to the same funding
formula used in fiscal year 2020: Provided further, That such
amounts shall be used by recipients to prevent, prepare for, and
respond to coronavirus, including to maintain normal operations and
fund eligible affordable housing activities under NAHASDA during
the period that the program is impacted by coronavirus: Provided
further, That amounts provided under this heading in this Act may
be used to cover or reimburse allowable costs to prevent, prepare
for, and respond to coronavirus that are incurred by a recipient,
including for costs incurred prior to the date of enactment of this
Act: Provided further, That the Secretary may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
use of amounts made available under this paragraph or under the
same paragraph in Public Law 116-94 (except for requirements
related to fair housing, nondiscrimination, labor standards, and
the environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary to expedite or
facilitate the use of such amounts to prevent, prepare for, and
respond to coronavirus: Provided further, That any such waivers
shall be deemed to be effective as of the date an Indian tribe or
tribally designated housing entity began preparing for coronavirus
and shall apply to the amounts made available under this paragraph
and to the previously appropriated amounts described in the
previous proviso; and
(2) Up to $100,000,000 shall be available for grants to Indian
tribes under the Indian Community Development Block Grant program
under title I of the Housing and Community Development Act of 1974,
notwithstanding section 106(a)(1) of such Act, to prevent, prepare
for, and respond to coronavirus, for emergencies that constitute
imminent threats to health and safety: Provided, That the
Secretary shall prioritize, without competition, allocations of
these amounts for activities and projects designed to prevent,
prepare for, and respond to coronavirus: Provided further, That
not to exceed 20 percent of any grant made with funds appropriated
under this paragraph shall be expended for planning and management
development and administration: Provided further, That amounts
provided under this heading in this Act may be used to cover or
reimburse allowable costs to prevent, prepare for, and respond to
coronavirus incurred by a recipient, including for costs incurred
prior to the date of enactment of this Act: Provided further,
That, notwithstanding section 105(a)(8) of such Act (42 U.S.C.
5305(a)(8)), there shall be no per centum limitation for the use of
funds for public services activities to prevent, prepare for, and
respond to coronavirus: Provided further, That the previous
proviso shall apply to all such activities for grants of funds made
available under this paragraph or under paragraph (4) of this
heading in Public Law 116-94: Provided further, That the Secretary
may waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers in
connection with the use of amounts made available under this
paragraph or under paragraph (4) in Public Law 116-94 (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary
that any such waivers or alternative requirements are necessary to
expedite or facilitate the use of such amounts to prevent, prepare
for, and respond to coronavirus: Provided further, That any such
waivers shall be deemed to be effective as of the date an Indian
tribe began preparing for coronavirus and shall apply to the
amounts made available under this paragraph and to the previously
appropriated amounts described in the previous proviso:
Provided further, That such amount is designated by the 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.
Community Planning and Development
housing opportunities for persons with aids
For an additional amount for carrying out the ``Housing
Opportunities for Persons with AIDS'' program, as authorized by the
AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.), $65,000,000, to
remain available until September 30, 2021, except that amounts
allocated pursuant to section 854(c)(5) of such Act shall remain
available until September 30, 2022, to provide additional funds to
maintain operations and for rental assistance, supportive services, and
other necessary actions, in order to prevent, prepare for, and respond
to coronavirus: Provided, That not less than $50,000,000 of the amount
provided under this heading in this Act shall be allocated pursuant to
the formula in section 854 of such Act using the same data elements as
utilized pursuant to that same formula in fiscal year 2020: Provided
further, That up to $10,000,000 of the amount provided under this
heading in this Act shall be to provide an additional one-time, non-
renewable award to grantees currently administering existing contracts
for permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under this
heading in fiscal year 2010 and prior years: Provided further, That
such awards shall be made proportionally to their existing grants:
Provided further, That such awards are not required to be spent on
permanent supportive housing: Provided further, That, notwithstanding
section 859(b)(3)(B) of such Act, housing payment assistance for rent,
mortgage, or utilities payments may be provided for a period of up to
24 months: Provided further, That, to protect persons who are living
with HIV/AIDS, such amounts provided under this heading in this Act may
be used to self-isolate, quarantine, or to provide other coronavirus
infection control services as recommended by the Centers for Disease
Control and Prevention for household members not living with HIV/AIDS:
Provided further, That such amounts may be used to provide relocation
services, including to provide lodging at hotels, motels, or other
locations, for persons living with HIV/AIDS and household members not
living with HIV/AIDS: Provided further, That, notwithstanding section
856(g) of such Act (42 U.S.C. 12905(g)), a grantee may use up to 6
percent of its award under this Act for administrative purposes, and a
project sponsor may use up to 10 percent of its sub-award under this
Act for administrative purposes: Provided further, That such amounts
provided under this heading in this Act may be used to cover or
reimburse allowable costs consistent with the purposes of this heading
incurred by a grantee or project sponsor regardless of the date on
which such costs were incurred: Provided further, That any regulatory
waivers the Secretary may issue may be deemed to be effective as of the
date a grantee began preparing for coronavirus: Provided further, That
any additional activities or authorities authorized pursuant to this
Act may also apply at the discretion and upon notice of the Secretary
to all amounts made available under this same heading in Public Law
116-94 if such amounts are used by grantees for the purposes described
under this heading: Provided further, That up to 2 percent of amounts
made available under this heading in this Act may be used, without
competition, to increase prior awards made to existing technical
assistance providers to provide an immediate increase in capacity
building and technical assistance available to grantees under this
heading and under the same heading in prior Acts: Provided further,
That such amount is designated by the 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.
community development fund
For an additional amount for ``Community Development Fund'',
$5,000,000,000, to remain available until September 30, 2022, to
prevent, prepare for, and respond to coronavirus: Provided, That up to
$2,000,000,000 of the amount made available under this heading in this
Act shall be distributed pursuant to section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306) to grantees that
received allocations pursuant to that same formula in fiscal year 2020,
and that such allocations shall be made within 30 days of enactment of
this Act: Provided further, That, in addition to amounts allocated
pursuant to the preceding proviso, an additional $1,000,000,000 shall
be allocated directly to States and insular areas, as defined by 42
U.S.C. 5302(a), to prevent, prepare for, and respond to coronavirus
within the State or insular area, including activities within
entitlement and nonentitlement communities, based on public health
needs, risk of transmission of coronavirus, number of coronavirus cases
compared to the national average, and economic and housing market
disruptions, and other factors, as determined by the Secretary, using
best available data and that such allocations shall be made within 45
days of enactment of this Act: Provided further, That remaining
amounts shall be distributed directly to the State or unit of general
local government, at the discretion of the Secretary, according to a
formula based on factors to be determined by the Secretary,
prioritizing risk of transmission of coronavirus, number of coronavirus
cases compared to the national average, and economic and housing market
disruptions resulting from coronavirus: Provided further, That such
allocations may be made on a rolling basis based on the best available
data at the time of allocation: Provided further, That amounts made
available in the preceding provisos may be used to cover or reimburse
allowable costs consistent with the purposes of this heading in this
Act incurred by a State or locality regardless of the date on which
such costs were incurred: Provided further, That section 116(b) of
such Act (42 U.S.C. 5316(b)) and any implementing regulations, which
requires grantees to submit their final statements of activities no
later than August 16 of a given fiscal year, shall not apply to final
statements submitted in accordance with sections 104(a)(2) and (a)(3)
of such Act (42 U.S.C. 5304(a)(2) and (a)(3)) and comprehensive housing
affordability strategies submitted in accordance with section 105 of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705)
for fiscal years 2019 and 2020: Provided further, That such final
statements and comprehensive housing affordability strategies shall
instead be submitted no later than August 16, 2021: Provided further,
That the Secretary may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the use of amounts made available under
this heading in this Act and under the same heading in Public Law 116-
94 and Public Law 116-6 (except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary to expedite or facilitate the use of such
amounts to prevent, prepare for, and respond to coronavirus: Provided
further, That up to $10,000,000 of amounts made available under this
heading in this Act may be used to make new awards or increase prior
awards to existing technical assistance providers, without competition,
to provide an immediate increase in capacity building and technical
assistance to support the use of amounts made available under this
heading in this Act and under the same heading in prior Acts to
prevent, prepare for, and respond to coronavirus: Provided further,
That, notwithstanding sections 104(a)(2), (a)(3), and (c) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5304(a)(2),
(a)(3), and (c)) and section 105 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12705), a grantee may adopt and
utilize expedited procedures to prepare, propose, modify, or amend its
statement of activities for grants from amounts made available under
this heading in this Act and under the same heading in Public Law 116-
94 and Public Law 116-6: Provided further, That under such expedited
procedures, the grantee need not hold in-person public hearings, but
shall provide citizens with notice and a reasonable opportunity to
comment of no less than 5 days: Provided further, That, for as long as
national or local health authorities recommend social distancing and
limiting public gatherings for public health reasons, a grantee may
create virtual public hearings to fulfill applicable public hearing
requirements for all grants from funds made available under this
heading in this Act and under the same heading in Public Law 116-94 and
Public Law 116-6: Provided further, That any such virtual hearings
shall provide reasonable notification and access for citizens in
accordance with the grantee's certifications, timely responses from
local officials to all citizen questions and issues, and public access
to all questions and responses: Provided further, That,
notwithstanding section 105(a)(8) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)(8)), there shall be no per
centum limitation for the use of funds for public services activities
to prevent, prepare for, and respond to coronavirus: Provided further,
That the previous proviso shall apply to all such activities for grants
of funds made available under this heading in this Act and under the
same heading in Public Law 116-94 and Public Law 116-6: Provided
further, That the Secretary shall ensure there are adequate procedures
in place to prevent any duplication of benefits as required by section
312 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155) and in accordance with section 1210 of the
Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254;
132 Stat. 3442), which amended section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155):
Provided further, That such amount is designated by the 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.
homeless assistance grants
For an additional amount for ``Homeless Assistance Grants'',
$4,000,000,000, to remain available until September 30, 2022, to
prevent, prepare for, and respond to coronavirus, among individuals and
families who are homeless or receiving homeless assistance and to
support additional homeless assistance and homelessness prevention
activities to mitigate the impacts created by coronavirus under the
Emergency Solutions Grants program as authorized under subtitle B of
title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371
et seq.), as amended: Provided, That up to $2,000,000,000 of the
amount appropriated under this heading in this Act shall be distributed
pursuant to 24 CFR 576.3 to grantees that received allocations pursuant
to that same formula in fiscal year 2020, and that such allocations
shall be made within 30 days of enactment of this Act: Provided
further, That, remaining amounts shall be allocated directly to a State
or unit of general local government by a formula to be developed by the
Secretary and that such allocations shall be made within 90 days of
enactment of this Act: Provided further, That such formula shall
allocate such amounts for the benefit of unsheltered homeless,
sheltered homeless, and those at risk of homelessness, to geographical
areas with the greatest need based on factors to be determined by the
Secretary, such as risk of transmission of coronavirus, high numbers or
rates of sheltered and unsheltered homeless, and economic and housing
market conditions as determined by the Secretary: Provided further,
That individuals and families whose income does not exceed the Very
Low-Income Limit of the area, as determined by the Secretary, shall be
considered ``at risk of homelessness'' and shall be eligible for
homelessness prevention if they meet the criteria in section 401(1)(B)
and (C) of such Act (42 U.S.C. 11360(1)(B) and (C)): Provided further,
That amounts provided under this heading in this Act may be used to
cover or reimburse allowable costs to prevent, prepare for, and respond
to coronavirus that are incurred by a State or locality, including for
costs incurred prior to the date of enactment of this Act: Provided
further, That recipients may deviate from applicable procurement
standards when procuring goods and services to prevent, prepare for,
and respond to coronavirus: Provided further, That a recipient may use
up to 10 percent of its allocation for administrative purposes:
Provided further, That the use of amounts provided under this heading
in this Act shall not be subject to the consultation, citizen
participation, or match requirements that otherwise apply to the
Emergency Solutions Grants program, except that a recipient must
publish how it has and will utilize its allocation, at a minimum, on
the Internet at the appropriate Government web site or through other
electronic media: Provided further, That the spending cap established
pursuant to section 415(b) of such Act (42 U.S.C. 11374) shall not
apply to amounts provided under this heading in this Act: Provided
further, That amounts provided under this heading in this Act may be
used to provide temporary emergency shelters (through leasing of
existing property, temporary structures, or other means) to prevent,
prepare for, and respond to coronavirus, and that such temporary
emergency shelters shall not be subject to the minimum periods of use
required by section 416(c)(1) of such Act (42 U.S.C. 11375(c)(1)):
Provided further, That Federal habitability and environmental review
standards and requirements shall not apply to the use of such amounts
for those temporary emergency shelters that have been determined by
State or local health officials to be necessary to prevent, prepare
for, and respond to coronavirus: Provided further, That amounts
provided under this heading in this Act may be used for training on
infectious disease prevention and mitigation and to provide hazard pay,
including for time worked prior to the date of enactment of this Act,
for staff working directly to prevent, prepare for, and respond to
coronavirus among persons who are homeless or at risk of homelessness,
and that such activities shall not be considered administrative costs
for purposes of the 10 percent cap: Provided further, That in
administering the amounts made available under this heading in this
Act, the Secretary may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the Secretary or the
use by the recipient of these amounts (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment unless otherwise provided under this paragraph), if the
Secretary finds that good cause exists for the waiver or alternative
requirement and such waiver or alternative requirement is necessary to
prevent, prepare for, and respond to coronavirus: Provided further,
That any such waivers shall be deemed to be effective as of the date a
State or unit of local government began preparing for coronavirus and
shall apply to the use of amounts provided under this heading in this
Act and amounts provided under the same heading for the Emergency
Solutions Grant program in prior Acts used by recipients to prevent,
prepare for, and respond to coronavirus: Provided further, That the
Secretary shall notify the public through the Federal Register or other
appropriate means of any such waiver or alternative requirement, and
that such public notice may be provided, at a minimum, on the Internet
at the appropriate Government web site or through other electronic
media, as determined by the Secretary: Provided further, That any
additional activities or authorities authorized pursuant to this Act,
including any waivers and alternative requirements established by the
Secretary pursuant to this Act, may also apply at the discretion and
upon notice of the Secretary with respect to all amounts made available
for the Emergency Solutions Grants program under the heading ``Homeless
Assistance Grants'' in any prior Act and used by recipients to prevent,
prepare for, and respond to coronavirus: Provided further, That up to
1 percent of amounts made available under this heading in this Act may
be used to make new awards or increase prior awards made to existing
technical assistance providers with experience in providing health care
services to homeless populations, without competition, to provide an
immediate increase in capacity building and technical assistance
available to recipients of amounts for the Emergency Solutions Grants
program under this heading in this Act and under the same heading in
prior Acts: Provided further, That none of the funds provided under
this heading in this Act may be used to require people experiencing
homelessness to receive treatment or perform any other prerequisite
activities as a condition for receiving shelter, housing, or other
services: Provided further, That such amount is designated by the
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.
Housing Programs
project-based rental assistance
For an additional amount for ``Project-Based Rental Assistance'',
$1,000,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, including to provide additional funds
to maintain normal operations and take other necessary actions during
the period that the program is impacted by coronavirus, for assistance
to owners or sponsors of properties receiving project-based assistance
pursuant to section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f et seq.): Provided, That the Secretary may waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the use of
amounts made available under this heading in this Act (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary to expedite
or facilitate the use of such amounts to prevent, prepare for, and
respond to coronavirus, and such waiver or alternative requirement is
consistent with the purposes described under this heading in this Act:
Provided further, That the Secretary shall notify the public through
the Federal Register or other appropriate means of any such waiver or
alternative requirement in order for such waiver or alternative
requirement to take effect, and that such public notice may be
provided, at a minimum, on the Internet at the appropriate Government
web site or through other electronic media, as determined by the
Secretary: Provided further, That such amount is designated by the
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.
housing for the elderly
For an additional amount for ``Housing for the Elderly'',
$50,000,000, to remain available until September 30, 2023, to prevent,
prepare for, and respond to coronavirus, including to provide
additional funds to maintain normal operations and take other necessary
actions during the period that the program is impacted by coronavirus,
for assistance to owners or sponsors of properties receiving project-
based assistance pursuant to section 202 of the Housing Act of 1959 (12
U.S.C. 1701q), as amended: Provided, That of the amount provided under
this heading in this Act, up to $10,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further, That the
Secretary may waive, or specify alternative requirements for, any
provision of any statute or regulation that the Secretary administers
in connection with the use of amounts made available under this heading
in this Act (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary to expedite or facilitate the use of such
amounts to prevent, prepare for, and respond to coronavirus, and such
waiver or alternative requirement is consistent with the purposes
described under this heading in this Act: Provided further, That the
Secretary shall notify the public through the Federal Register or other
appropriate means of any such waiver or alternative requirement in
order for such waiver or alternative requirement to take effect, and
that such public notice may be provided, at a minimum, on the Internet
at the appropriate Government web site or through other electronic
media, as determined by the Secretary: Provided further, That such
amount is designated by the 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.
housing for persons with disabilities
For an additional amount for ``Housing for Persons with
Disabilities'', $15,000,000, to remain available until September 30,
2023, to prevent, prepare for, and respond to coronavirus, including to
provide additional funds to maintain normal operations and take other
necessary actions during the period that the program is impacted by
coronavirus, for assistance to owners or sponsors of properties
receiving project-based assistance pursuant to section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as
amended: Provided, That the Secretary may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the use of
amounts made available under this heading in this Act (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary to expedite
or facilitate the use of such amounts to prevent, prepare for, and
respond to coronavirus, and such waiver or alternative requirement is
consistent with the purposes described under this heading in this Act:
Provided further, That the Secretary shall notify the public through
the Federal Register or other appropriate means of any such waiver or
alternative requirement in order for such waiver or alternative
requirement to take effect, and that such public notice may be
provided, at a minimum, on the Internet at the appropriate Government
web site or through other electronic media, as determined by the
Secretary: Provided further, That such amount is designated by the
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.
Fair Housing and Equal Opportunity
fair housing activities
For an additional amount for ``Fair Housing Activities'',
$2,500,000, to remain available until September 30, 2021, for
contracts, grants, and other assistance, as authorized by title VIII of
the Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act of 1988, and section 561 of the Housing and Community Development
Act of 1987, to prevent, prepare for, and respond to coronavirus, of
which $1,500,000 shall be for the Fair Housing Assistance Program
Partnership for Special Enforcement grants to address fair housing
issues relating to coronavirus, and $1,000,000 shall be for the Fair
Housing Initiatives Program for education and outreach activities under
such section 561 to educate the public about fair housing issues
related to coronavirus: Provided, That such amount is designated by
the 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.
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus: Provided, That the funding made
available under this heading in this Act shall be used for conducting
audits and investigations of projects and activities carried out with
funds made available in this Act to the Department of Housing and Urban
Development to prevent, prepare for, and respond to coronavirus:
Provided further, That such amount is designated by the 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.
GENERAL PROVISIONS--THIS TITLE
Sec. 22001. Of the amounts made available from the Airport and
Airway Trust Fund for ``Federal Aviation Administration--Operations''
in title XI of division B of the Bipartisan Budget Act of 2018 (Public
Law 115-123), up to $25,000,000 may be used to prevent, prepare for,
and respond to coronavirus: Provided, That amounts repurposed in this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 22002. For amounts made available by this Act under the
headings ``Northeast Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National Railroad
Passenger Corporation'', the Secretary of Transportation may not waive
the requirements under section 24312 of title 49, United States Code,
and section 24305(f) of title 49, United States Code: Provided, That
for amounts made available by this Act under such headings the
Secretary shall require the National Railroad Passenger Corporation to
comply with the Railway Retirement Act of 1974 (45 U.S.C. 231 et seq.),
the Railway Labor Act (45 U.S.C. 151 et seq.), and the Railroad
Unemployment Insurance Act (45 U.S.C. 351 et seq.): Provided further,
That not later than 7 days after the date of enactment of this Act and
each subsequent 7 days thereafter, the Secretary shall notify the House
and Senate Committees on Appropriations, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate of
any National Railroad Passenger Corporation employee furloughs as a
result of efforts to prevent, prepare for, and respond to coronavirus:
Provided further, That in the event of any National Railroad Passenger
Corporation employee furloughs as a result of efforts to prevent,
prepare for, and respond to coronavirus, the Secretary shall require
the National Railroad Passenger Corporation to provide such employees
the opportunity to be recalled to their previously held positions as
intercity passenger rail service is restored to March 1, 2020 levels
and not later than the date on which intercity passenger rail service
has been fully restored to March 1, 2020 levels.
Sec. 22003. For the duration of fiscal year 2020, section
127(i)(1)(A) of title 23, United States Code, shall read as if and
apply to situations in which: the President has declared an emergency
or a major disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
Sec. 22004. No later than September 30, 2020, the remaining
unobligated balances of funds made available for the youth homelessness
demonstration under the heading ``Department of Housing and Urban
Development--Community Planning and Development--Homeless Assistance
Grants'' in the Consolidated Appropriations Act, 2018 (Public Law 115-
141) are hereby permanently rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded is hereby
appropriated, to remain available until September 30, 2021, in addition
to other funds as may be available for such purposes, and shall be
available, without additional competition, for completing the funding
of awards made pursuant to the fiscal year 2018 youth homelessness
demonstration.
highway safety grants emergency authority
Sec. 22005. (a) In General.--The Secretary of Transportation
(referred to in this section as the ``Secretary'') may waive or
postpone any requirement under section 402, 404, 405, or 412 of title
23, United States Code, section 4001 of the FAST Act (Public Law 114-
94; 129 Stat. 1497), or part 1300 of title 23, Code of Federal
Regulations (or successor regulations), if the Secretary determines
that--
(1) the Coronavirus Disease 2019 (COVID-19) is having a
substantial impact on--
(A) the ability of States to implement or carry out any
grant, campaign, or program under those provisions; or
(B) the ability of the Secretary to carry out any
responsibility of the Secretary with respect to a grant,
campaign, or program under those provisions; or
(2) the requirements of those provisions are having a
substantial impact on the ability of States or the Secretary to
address the Coronavirus Disease 2019 (COVID-19).
(b) Report.--The Secretary shall periodically submit to the
relevant committees of Congress a report describing--
(1) each determination made by the Secretary under subsection
(a); and
(2) each waiver or postponement of a requirement under that
subsection.
(c) Emergency Requirement.--The amount provided by this section is
designated by the 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.
TITLE XIII
GENERAL PROVISIONS--THIS ACT
Sec. 23001. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 23002. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 23003. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2020.
Sec. 23004. (a) Subject to subsection (b), and notwithstanding any
other provision of law, funds made available in this Act, or
transferred pursuant to authorization granted in this Act, may only be
used to prevent, prepare for, and respond to coronavirus.
(b) Subsection (a) shall not apply to sections 11002, 13002, and
18114 of this Act, reimbursements made pursuant to authority in this
Act, or to funds made available in this Act for the Emergency Reserve
Fund, established pursuant to section 7058(c)(1) of division J of
Public Law 115-31, or to funds made available in this Act for the
Infectious Diseases Rapid Response Reserve Fund, established pursuant
to section 231 of division B of Public Law 115-245.
(c) This section shall not apply to title VI of this Act.
Sec. 23005. In this Act, the term ``coronavirus'' means SARS-CoV-2
or another coronavirus with pandemic potential.
Sec. 23006. Each amount designated in this Act by the 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 shall
be available (or rescinded or transferred, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 23007. Any amount appropriated by this Act, designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this Act shall
retain such designation.
budgetary effects
Sec. 23008. (a) Statutory PAYGO Scorecards.--The budgetary effects
of this division shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act
of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained for
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, the budgetary effects of this
division shall be estimated for purposes of section 251 of such Act.
(d) Ensuring No Within-Session Sequestration.--Solely for the
purpose of calculating a breach within a category for fiscal year 2020
pursuant to section 251(a)(6) or section 254(g) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and notwithstanding any
other provision of this division, the budgetary effects from this
division shall be counted as amounts designated as being for an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
This division may be cited as the ``Emergency Appropriations for
Coronavirus Health Response and Agency Operations''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.