[Congressional Record Volume 166, Number 59 (Wednesday, March 25, 2020)]
[Senate]
[Pages S2063-S2158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1577. Mr. SASSE (for himself, Mr. Graham, Mr. Scott of South 
Carolina, Mr. Scott of Florida, Mr. Cruz, Mr. Johnson, Mrs. Blackburn, 
and Mr. Lee) proposed an amendment to amendment SA 1578 proposed by Mr. 
McConnell to the bill H.R. 748, to amend the Internal Revenue Code of 
1986 to repeal the excise tax on high cost employer-sponsored health 
coverage; as follows:

       At the end of subtitle A of title II of division A, insert 
     the following:

     SEC. 2117. UNEMPLOYMENT BENEFITS MAY NOT EXCEED THE AMOUNT OF 
                   WAGES THE INDIVIDUAL WAS EARNING PRIOR TO 
                   BECOMING UNEMPLOYED.

       (a) Pandemic Unemployment Assistance.--Notwithstanding 
     section 2101, in no case may the total amount of the weekly 
     assistance applicable to an individual under paragraph (1) or 
     (2) of section 2102 (including the increase under section 
     2104) exceed the amount of the individual's average weekly 
     wages for an appropriate period prior to the receipt of 
     assistance under such section, as determined by the Secretary 
     of Labor.
       (b) Federal Pandemic Unemployment Compensation.--
     Notwithstanding section 2104, in no case may the sum of the 
     weekly amount described in subparagraphs (A) (regular 
     compensation) and (B) (Federal pandemic unemployment 
     compensation) of section 2104(b)(1) for an individual exceed 
     the amount of the individual's average weekly wages for which 
     the amount described in such subparagraph (A) is based.
       (c) Pandemic Emergency Unemployment Compensation.--
     Notwithstanding section 2107, in no case may an individual's 
     average weekly benefit amount described in 2107(b)(3) 
     (including the increase under section 2104) exceed the amount 
     of the average weekly wages for which the individuals's 
     average weekly benefit amount (determined without regard to 
     such increase) is based.
                                 ______
                                 
  SA 1578. Mr. McCONNELL proposed an amendment to the bill H.R. 748, to 
amend the Internal Revenue Code of 1986 to repeal the excise tax on 
high cost employer-sponsored health coverage; as follows:

        Strike all after the enacting clause and insert the 
     following:

     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.

[[Page S2064]]

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.

[[Page S2065]]

            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

[[Page S2066]]

     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.

[[Page S2067]]

       ``(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--

[[Page S2068]]

       (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.

[[Page S2069]]

       (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;

[[Page S2070]]

       (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.

[[Page S2071]]

       (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--

[[Page S2072]]

       (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;

[[Page S2073]]

       (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

[[Page S2074]]

     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

[[Page S2075]]

     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

[[Page S2076]]

     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.

[[Page S2077]]

       (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).

[[Page S2078]]

       (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

[[Page S2079]]

     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

[[Page S2080]]

     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.

[[Page S2081]]

       (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).

[[Page S2082]]

       (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.

[[Page S2083]]

       (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

[[Page S2084]]

       ``(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,

[[Page S2085]]

       (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

[[Page S2086]]

     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

[[Page S2087]]

       ``(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:

[[Page S2088]]

       ``(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

[[Page S2089]]

     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

[[Page S2090]]

     (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

[[Page S2091]]

     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

[[Page S2092]]

     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'';

[[Page S2093]]

       (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;

[[Page S2094]]

       ``(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

[[Page S2095]]

     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

[[Page S2096]]

     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).

[[Page S2097]]

       (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.

[[Page S2098]]

       (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));

[[Page S2099]]

       (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:

[[Page S2100]]

       ``(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.''.

[[Page S2101]]

       (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

[[Page S2102]]

     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.

[[Page S2103]]

       (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''.

[[Page S2104]]

  


     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

[[Page S2105]]

     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

[[Page S2106]]

     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--

[[Page S2107]]

       ``(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

[[Page S2108]]

     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--

[[Page S2109]]

       ``(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

[[Page S2110]]

     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

[[Page S2111]]

       (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).

[[Page S2112]]

       (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;

[[Page S2113]]

       ``(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

[[Page S2114]]

     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

[[Page S2115]]

     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

[[Page S2116]]

     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,

[[Page S2117]]

     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.''.

[[Page S2118]]

       (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.

[[Page S2119]]

  


     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--

[[Page S2120]]

       (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

[[Page S2121]]

     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

[[Page S2122]]

     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

[[Page S2123]]

     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

[[Page S2124]]

     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

[[Page S2125]]

     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

[[Page S2126]]

     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

[[Page S2127]]

     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

[[Page S2128]]

     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.

[[Page S2129]]

  


                       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

[[Page S2130]]

     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.

[[Page S2131]]

  


                                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.

[[Page S2132]]

  


                          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;

[[Page S2133]]

       (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.);

[[Page S2134]]

       (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--

[[Page S2135]]

       (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

[[Page S2136]]

     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.

[[Page S2137]]

  


                    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

[[Page S2138]]

     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.

[[Page S2139]]

  


                     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

[[Page S2140]]

     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

[[Page S2141]]

     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

[[Page S2142]]

       (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.

[[Page S2143]]

       (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

[[Page S2144]]

     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

[[Page S2145]]

     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--

[[Page S2146]]

       (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

[[Page S2147]]

     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

[[Page S2148]]

     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

[[Page S2149]]

     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:

[[Page S2150]]

  


     ``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

[[Page S2151]]

     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

[[Page S2152]]

     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

[[Page S2153]]

     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

[[Page S2154]]

     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

[[Page S2155]]

     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

[[Page S2156]]

     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''.
                                 ______
                                 
  SA 1579. Mr. McCONNELL (for Mr. Moran) proposed an amendment to the 
bill H.R. 3504, to amend title 38, United States Code, to provide for 
improvements to the specially adapted housing program of the Department 
of Veterans Affairs, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ryan Kules and Paul Benne 
     Specially Adaptive Housing Improvement Act of 2019''.

     SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ASSIST 
                   BLIND VETERANS WHO HAVE NOT LOST USE OF A LEG 
                   IN ACQUIRING SPECIALLY ADAPTED HOUSING.

       Section 2101 of title 38, United States Code, is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (A)(i), by striking ``permanent and 
     total''; and
       (B) in subparagraph (B),
       (i) in clauses (i), (iii), (iv), and (v), by inserting 
     ``permanent and total'' before ``disability''; and
       (ii) in clause (ii)--

       (I) by inserting ``permanent'' before ``disability'';
       (II) by striking ``due to--'' and inserting ``due to 
     blindness in both eyes, having central visual acuity of 20/
     200 or less in the better eye with the use of a standard 
     correcting lens. For the purposes of this clause, an eye with 
     a limitation in the fields of vision such that the widest 
     diameter of the visual field subtends an angle no greater 
     than 20 degrees shall be considered as having a central 
     visual acuity of 20/200 or less.''; and
       (III) by striking subclauses (I) and (II); and

       (2) in subsection (b)(2)--
       (A) by striking subparagraph (A); and
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively.

     SEC. 3. INCREASE IN AMOUNTS OF SPECIALLY ADAPTED HOUSING 
                   ASSISTANCE PROVIDED BY DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) Increase of Number of Grants Per Veteran.--Section 
     2102(d)(3) of such title is amended--
       (1) by striking ``No veteran'' and inserting ``Subject to 
     subsection (f), no veteran''; and
       (2) by striking ``three'' and inserting ``six''.
       (b) Increase in Number of Applications Authorized To Be 
     Approved.--Section 2101(a)(4) of such title is amended by 
     striking ``30 applications'' and inserting ``120 
     applications''.
       (c) Increase in Maximum Amount of Assistance for Adaptation 
     to Veteran's Residence.--Section 2102(b)(2) of such title is 
     amended by striking ``$12,000'' and inserting ``$19,733''.
       (d) Increase in Aggregate Amount of Assistance for 
     Acquisition of Housing With Special Features.--Section 
     2102(d)(1) of such title is amended by striking ``$63,780'' 
     and inserting ``$98,492''.
       (e) Increase in Aggregate Amount of Assistance for 
     Adaptations to Veterans' Residences.--Section 2102(d)(2) of 
     such title is amended by striking ``$12,756'' and inserting 
     ``$19,733''.
       (f) Effective Date and Application.--The amendments made by 
     this section shall take effect on October 1, 2020.

     SEC. 4. PROVISION OF ADDITIONAL AMOUNTS OF SPECIALLY ADAPTED 
                   HOUSING ASSISTANCE FOR CERTAIN VETERANS.

       Section 2102 of such title, as amended by section 3, is 
     further amended by adding at the end the following new 
     subsection:
       ``(f)(1) Beginning October 1, 2030, notwithstanding the 
     aggregate amounts specified in subsection (d), a covered 
     veteran may apply for and receive an additional amount of 
     assistance under subsection (a) or (b) of section 2101 of 
     this title in an amount that does not exceed half of the 
     amount specified in subsection (d).
       ``(2) In this subsection, a covered veteran is a veteran 
     who--
       ``(A) is described in subsection (a)(2) or (b)(2) of 
     section 2101 of this title;
       ``(B) as of the date of the veteran's application for 
     assistance under paragraph (1), most recently received 
     assistance under this chapter more than 10 years before such 
     date; and
       ``(C) lives in a home that the Secretary determines does 
     not have adaptations that are reasonably necessary because of 
     the veteran's disability.''.

     SEC. 5. TREATMENT OF CERTAIN PREPARATORY COURSES AS PROGRAMS 
                   OF EDUCATION FOR PURPOSES OF DEPARTMENT OF 
                   VETERANS AFFAIRS EDUCATIONAL ASSISTANCE 
                   PROGRAMS.

       (a) In General.--Chapter 33 of title 38, United States 
     Code, is amended by inserting after section 3315A the 
     following new section:

     ``Sec. 3315B. Preparatory courses for licensure, 
       certification, or national tests

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter shall also be entitled to 
     payment for a covered preparatory course.
       ``(b) Amount.--The amount of educational assistance payable 
     under this chapter for a covered preparatory course is the 
     lesser of--
       ``(1) the fee charged for the covered preparatory course; 
     or
       ``(2) the amount of entitlement available to the individual 
     under this chapter at the time of payment for the covered 
     preparatory course under this section.
       ``(c) Charge Against Entitlement.--The number of months of 
     entitlement charged an individual under this chapter for a 
     covered preparatory course shall be pro-rated based on the 
     actual amount of the fee charged for the covered preparatory 
     course relative to the rate for 1 month payable--
       ``(1) for the academic year beginning on August 1, 2020, 
     $2,042; or
       ``(2) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subsection, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h).
       ``(d) Covered Preparatory Course Defined.--In this section, 
     the term `covered preparatory course' means a course--
       ``(1) for a licensing or certification test that is 
     required or used to enter into, maintain, or advance in 
     employment in a predetermined and identified vocation or 
     profession; and

[[Page S2157]]

       ``(2) that has been approved by the State approving agency 
     concerned.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 3315A the following new item:

``3315B. Preparatory courses for licensure, certification, or national 
              tests.''.
       (c) Conforming Amendments.--Section 3532(g) of title 38, 
     United States Code, is amended--
       (1) in paragraph (1), by inserting ``or a covered 
     preparatory course (as that term is defined in section 
     3315B(a) of this title)'' after ``or national test providing 
     an opportunity for course credit at institutions of higher 
     learning described in section 3501(a)(5) of this title''; and
       (2) in paragraphs (2) and (3), by inserting ``or covered 
     preparatory course'' after ``test'' each place it appears.
       (d) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2021.

     SEC. 6. IMPROVEMENT TO WORK-STUDY ALLOWANCE PROGRAM.

       (a) Payment of Allowance.--Subsection (a) of section 3485 
     of title 38, United States Code, is amended--
       (1) in paragraph (1), by striking ``Individuals'' and 
     inserting ``In accordance with paragraph (4), individuals'';
       (2) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively; and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4)(A) With respect to covered work-study activities, the 
     Secretary shall carry out this section by providing to 
     participating educational institutions an annual amount for 
     the institution to use in paying work-study allowance under 
     paragraph (1) to individuals enrolled at the institution.
       ``(B) With respect to a participating educational 
     institution that participated in the work-study program under 
     this section during the academic year beginning August 1, 
     2018, the Secretary shall determine the annual amount to 
     provide to the educational institution under subparagraph (A) 
     as follows:
       ``(i) For the academic year beginning August 1, 2020, the 
     amount shall be the total amount, determined in consultation 
     with the educational institution, that the Secretary paid 
     under this section for covered work-study activities to 
     individuals enrolled at such educational institution during 
     the academic year beginning August 1, 2018.
       ``(ii) Except as provided by clauses (ii) or (iii) of 
     subparagraph (D), for each academic year beginning on or 
     after August 1, 2021, the amount shall be the total amount 
     the educational institution paid under this section for work-
     study allowance for covered work-study activities to 
     individuals enrolled at such educational institution during 
     the previous academic year in which individuals participated 
     in the work-study program.
       ``(C) With respect to a participating educational 
     institution that did not participate in the work-study 
     program under this section during the academic year beginning 
     August 1, 2018, the Secretary shall determine the annual 
     amount to provide to the educational institution under 
     subparagraph (A) as follows:
       ``(i) For the first academic year in which the educational 
     institution participates in the work-study program beginning 
     on or after August 1, 2020, the amount shall be an amount, 
     determined in consultation with the educational institution, 
     that the Secretary determines appropriate based on amounts 
     provided to similar educational institutions pursuant to 
     subparagraph (B).
       ``(ii) Except as provided by clauses (ii) or (iii) of 
     subparagraph (D), for each academic year occurring after the 
     academic year specified in clause (i), the amount shall be 
     the total amount the educational institution paid under this 
     section for work-study allowance for covered work-study 
     activities to individuals enrolled at such educational 
     institution during the previous academic year in which 
     individuals enrolled at such educational institution 
     participated in the work-study program.
       ``(D)(i) Except as provided in clause (ii), if the 
     Secretary provides an annual amount to a participating 
     educational institution under subparagraph (B) or (C) that is 
     more than the total amount the educational institution pays 
     to individuals under paragraph (1) for covered work-study 
     activities, the educational institution shall return to the 
     Secretary the unpaid amount and the Secretary shall transfer 
     such amount into the general fund of the Treasury.
       ``(ii) If the annual amount provided to a participating 
     educational institution under subparagraph (B) or (C) is 
     more, but less than 25 percent more, than the total amount 
     the educational institution pays to individuals under 
     paragraph (1) for covered work-study activities, and the 
     educational institution plans to participate in the work-
     study program under this section during the subsequent 
     academic year, the educational institution may retain the 
     amount of the overpayment if the educational institution 
     notifies the Secretary of the amount of the overpayment and 
     the intention of the educational institution to retain such 
     amount. Any amount retained by an educational institution 
     under this clause may only be used by the educational 
     institution to provide work-study allowance to individuals 
     enrolled at the educational institution.
       ``(iii) At any time a participating educational institution 
     may request the Secretary to increase the annual amount that 
     the Secretary provides the educational institution under 
     subparagraph (B) or (C). The Secretary shall approve or 
     disapprove such request by not later than 30 days after the 
     date of the request.
       ``(iv) Whenever the Secretary finds that a participating 
     educational institution paid an amount of work-study 
     allowance under this paragraph to an individual for a purpose 
     other than covered work-study activities, such payment shall 
     constitute a liability of the educational institution to the 
     United States.
       ``(E)(i) Pursuant to section 3690(c), section 3693, and 
     other provisions of chapter 36 of this title, the Secretary 
     shall ensure that participating educational institutions 
     carry out the work-study allowance program in compliance with 
     this section.
       ``(ii) The Secretary may prohibit an educational 
     institution from being a participating educational 
     institution under this paragraph if the Secretary determines 
     that the educational institution is not in compliance with 
     this section.
       ``(F) In this paragraph:
       ``(i) The term `covered work-study activities' means 
     qualifying work-study activities described in subparagraphs 
     (A), (B), (H), (I), or (J) of paragraph (5) for which an 
     individual is paid a work-study allowance.
       ``(ii) The term `participating educational institution' 
     means an educational institution that--
       ``(I)(aa) during the five-academic-year period occurring 
     before an academic year during which the Secretary carries 
     out this paragraph, the educational institution had on 
     average more than 10 individuals per academic year 
     participating in a covered work-study activity under this 
     section; or
       ``(bb) the educational institution is not described by item 
     (aa) but informs the Secretary that the institution expects 
     to have more than 10 individuals in the following academic 
     year participating in a covered work-study activity under 
     this section; and
       ``(II) voluntarily chooses to be a participating 
     educational institution under this paragraph.''.
       (b) Conforming Amendment.--Subsection (e)(1) of such 
     section is amended by striking ``subsection (a)(4)'' and 
     inserting ``subsection (a)(5)''.
       (c) Application.--The amendments made by this section shall 
     apply with respect to a quarter, semester, or term, as 
     applicable, commencing on or after August 1, 2021.

     SEC. 7. ADJUSTMENT OF LOAN FEES.

       Section 3729(b)(2) of title 38, United States Code, is 
     amended by striking the loan fee table and inserting the 
     following:


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

[[Page S2158]]

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

     SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

                          ____________________