[Congressional Record Volume 166, Number 61 (Friday, March 27, 2020)]
[House]
[Pages H1732-H1864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MIDDLE CLASS HEALTH BENEFITS TAX REPEAL ACT OF 2019
Mr. HOYER. Mr. Speaker, pursuant to House Resolution 911, I call up
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,
with the Senate amendment thereto, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
Senate amendment:
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.
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.
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Sec. 3609. Application of cooperative and small employer charity
pension plan rules to certain charitable employers whose
primary exempt purpose is providing services with respect
to mothers and children.
Sec. 3610. Federal contractor authority.
Sec. 3611. Technical corrections.
Subtitle D--Finance Committee
Sec. 3701. Exemption for telehealth services.
Sec. 3702. Inclusion of certain over-the-counter medical products as
qualified medical expenses.
Sec. 3703. Increasing Medicare telehealth flexibilities during
emergency period.
Sec. 3704. Enhancing Medicare telehealth services for Federally
qualified health centers and rural health clinics during
emergency period.
Sec. 3705. Temporary waiver of requirement for face-to-face visits
between home dialysis patients and physicians.
Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to
recertification of eligibility for hospice care during
emergency period.
Sec. 3707. Encouraging use of telecommunications systems for home
health services furnished during emergency period.
Sec. 3708. Improving care planning for Medicare home health services.
Sec. 3709. Adjustment of sequestration.
Sec. 3710. Medicare hospital inpatient prospective payment system add-
on payment for COVID-19 patients during emergency period.
Sec. 3711. Increasing access to post-acute care during emergency
period.
Sec. 3712. Revising payment rates for durable medical equipment under
the Medicare program through duration of emergency
period.
Sec. 3713. Coverage of the COVID-19 vaccine under part B of the
Medicare program without any cost-sharing.
Sec. 3714. Requiring Medicare prescription drug plans and MA-PD plans
to allow during the COVID-19 emergency period for fills
and refills of covered part D drugs for up to a 3-month
supply.
Sec. 3715. Providing home and community-based services in acute care
hospitals.
Sec. 3716. Clarification regarding uninsured individuals.
Sec. 3717. Clarification regarding coverage of COVID-19 testing
products.
Sec. 3718. Amendments relating to reporting requirements with respect
to clinical diagnostic laboratory tests.
Sec. 3719. Expansion of the Medicare hospital accelerated payment
program during the COVID-19 public health emergency.
Sec. 3720. Delaying requirements for enhanced FMAP to enable State
legislation necessary for compliance.
Subtitle E--Health and Human Services Extenders
PART I--Medicare Provisions
Sec. 3801. Extension of the work geographic index floor under the
Medicare program.
Sec. 3802. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 3803. Extension of funding outreach and assistance for low-income
programs.
PART II--Medicaid Provisions
Sec. 3811. Extension of the Money Follows the Person rebalancing
demonstration program.
Sec. 3812. Extension of spousal impoverishment protections.
Sec. 3813. Delay of DSH reductions.
Sec. 3814. Extension and expansion of Community Mental Health Services
demonstration program.
PART III--Human Services and Other Health Programs
Sec. 3821. Extension of sexual risk avoidance education program.
Sec. 3822. Extension of personal responsibility education program.
Sec. 3823. Extension of demonstration projects to address health
professions workforce needs.
Sec. 3824. Extension of the temporary assistance for needy families
program and related programs.
PART IV--Public Health Provisions
Sec. 3831. Extension for community health centers, the National Health
Service Corps, and teaching health centers that operate
GME programs.
Sec. 3832. Diabetes programs.
PART V--Miscellaneous Provisions
Sec. 3841. Prevention of duplicate appropriations for fiscal year 2020.
Subtitle F--Over-the-Counter Drugs
PART I--OTC Drug Review
Sec. 3851. Regulation of certain nonprescription drugs that are
marketed without an approved drug application.
Sec. 3852. Misbranding.
Sec. 3853. Drugs excluded from the over-the-counter drug review.
Sec. 3854. Treatment of Sunscreen Innovation Act.
Sec. 3855. Annual update to Congress on appropriate pediatric
indication for certain OTC cough and cold drugs.
Sec. 3856. Technical corrections.
PART II--User Fees
Sec. 3861. Finding.
Sec. 3862. Fees relating to over-the-counter drugs.
TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED
SECTORS OF THE UNITED STATES ECONOMY
Subtitle A--Coronavirus Economic Stabilization Act of 2020
Sec. 4001. Short title.
Sec. 4002. Definitions.
Sec. 4003. Emergency relief and taxpayer protections.
Sec. 4004. Limitation on certain employee compensation.
Sec. 4005. Continuation of certain air service.
Sec. 4006. Coordination with Secretary of Transportation.
Sec. 4007. Suspension of certain aviation excise taxes.
Sec. 4008. Debt guarantee authority.
Sec. 4009. Temporary Government in the Sunshine Act relief.
Sec. 4010. Temporary hiring flexibility.
Sec. 4011. Temporary lending limit waiver.
Sec. 4012. Temporary relief for community banks.
Sec. 4013. Temporary relief from troubled debt restructurings.
Sec. 4014. Optional temporary relief from current expected credit
losses.
Sec. 4015. Non-applicability of restrictions on ESF during national
emergency.
Sec. 4016. Temporary credit union provisions.
Sec. 4017. Increasing access to materials necessary for national
security and pandemic recovery.
Sec. 4018. Special Inspector General for Pandemic Recovery.
Sec. 4019. Conflicts of interest.
Sec. 4020. Congressional Oversight Commission.
Sec. 4021. Credit protection during COVID-19.
Sec. 4022. Foreclosure moratorium and consumer right to request
forbearance.
Sec. 4023. Forbearance of residential mortgage loan payments for
multifamily properties with federally backed loans.
Sec. 4024. Temporary moratorium on eviction filings.
Sec. 4025. Protection of collective bargaining agreement.
Sec. 4026. Reports.
Sec. 4027. Direct appropriation.
Sec. 4028. Rule of construction.
Sec. 4029. Termination of authority.
Subtitle B--Air Carrier Worker Support
Sec. 4111. Definitions.
Sec. 4112. Pandemic relief for aviation workers.
Sec. 4113. Procedures for providing payroll support.
Sec. 4114. Required assurances.
Sec. 4115. Protection of collective bargaining agreement.
Sec. 4116. Limitation on certain employee compensation.
Sec. 4117. Tax payer protection.
Sec. 4118. Reports.
Sec. 4119. Coordination.
Sec. 4120. Direct appropriation.
TITLE V--CORONAVIRUS RELIEF FUNDS
Sec. 5001. Coronavirus Relief Fund.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 6001. COVID-19 borrowing authority for the United States Postal
Service.
Sec. 6002. Emergency designation.
DIVISION B--EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE
AND AGENCY OPERATIONS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM
ENHANCEMENTS, AND ECONOMIC STABILIZATION
TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT
SEC. 1101. DEFINITIONS.
In this title--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively; and
(2) the term ``small business concern'' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 636).
SEC. 1102. PAYCHECK PROTECTION PROGRAM.
(a) In General.--Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ``and (E)'' and inserting ``(E), and (F)'';
and
(B) by adding at the end the following:
``(F) Participation in the paycheck protection program.--In
an agreement to participate in a loan on a deferred basis
under paragraph (36), the participation by the Administration
shall be 100 percent.''; and
(2) by adding at the end the following:
``(36) Paycheck protection program.--
``(A) Definitions.--In this paragraph--
``(i) the terms `appropriate Federal banking agency' and
`insured depository institution' have the meanings given
those terms in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813);
``(ii) the term `covered loan' means a loan made under this
paragraph during the covered period;
``(iii) the term `covered period' means the period
beginning on February 15, 2020 and ending on June 30, 2020;
``(iv) the term `eligible recipient' means an individual or
entity that is eligible to receive a covered loan;
[[Page H1734]]
``(v) the term `eligible self-employed individual' has the
meaning given the term in section 7002(b) of the Families
First Coronavirus Response Act (Public Law 116-127);
``(vi) the term `insured credit union' has the meaning
given the term in section 101 of the Federal Credit Union Act
(12 U.S.C. 1752);
``(vii) the term `nonprofit organization' means an
organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and that is exempt from
taxation under section 501(a) of such Code;
``(viii) the term `payroll costs'--
``(I) means--
``(aa) the sum of payments of any compensation with respect
to employees that is a--
``(AA) salary, wage, commission, or similar compensation;
``(BB) payment of cash tip or equivalent;
``(CC) payment for vacation, parental, family, medical, or
sick leave;
``(DD) allowance for dismissal or separation;
``(EE) payment required for the provisions of group health
care benefits, including insurance premiums;
``(FF) payment of any retirement benefit; or
``(GG) payment of State or local tax assessed on the
compensation of employees; and
``(bb) the sum of payments of any compensation to or income
of a sole proprietor or independent contractor that is a
wage, commission, income, net earnings from self-employment,
or similar compensation and that is in an amount that is not
more than $100,000 in 1 year, as prorated for the covered
period; and
``(II) shall not include--
``(aa) the compensation of an individual employee in excess
of an annual salary of $100,000, as prorated for the covered
period;
``(bb) taxes imposed or withheld under chapters 21, 22, or
24 of the Internal Revenue Code of 1986 during the covered
period;
``(cc) any compensation of an employee whose principal
place of residence is outside of the United States;
``(dd) qualified sick leave wages for which a credit is
allowed under section 7001 of the Families First Coronavirus
Response Act (Public Law 116-127); or
``(ee) qualified family leave wages for which a credit is
allowed under section 7003 of the Families First Coronavirus
Response Act (Public Law 116-127); and
``(ix) the term `veterans organization' means an
organization that is described in section 501(c)(19) of the
Internal Revenue Code that is exempt from taxation under
section 501(a) of such Code.
``(B) Paycheck protection loans.--Except as otherwise
provided in this paragraph, the Administrator may guarantee
covered loans under the same terms, conditions, and processes
as a loan made under this subsection.
``(C) Registration of loans.--Not later than 15 days after
the date on which a loan is made under this paragraph, the
Administration shall register the loan using the TIN (as
defined in section 7701 of the Internal Revenue Code of 1986)
assigned to the borrower.
``(D) Increased eligibility for certain small businesses
and organizations.--
``(i) In general.--During the covered period, in addition
to small business concerns, any business concern, nonprofit
organization, veterans organization, or Tribal business
concern described in section 31(b)(2)(C) shall be eligible to
receive a covered loan if the business concern, nonprofit
organization, veterans organization, or Tribal business
concern employs not more than the greater of--
``(I) 500 employees; or
``(II) if applicable, the size standard in number of
employees established by the Administration for the industry
in which the business concern, nonprofit organization,
veterans organization, or Tribal business concern operates.
``(ii) Inclusion of sole proprietors, independent
contractors, and eligible self-employed individuals.--
``(I) In general.--During the covered period, individuals
who operate under a sole proprietorship or as an independent
contractor and eligible self-employed individuals shall be
eligible to receive a covered loan.
``(II) Documentation.--An eligible self-employed
individual, independent contractor, or sole proprietorship
seeking a covered loan shall submit such documentation as is
necessary to establish such individual as eligible, including
payroll tax filings reported to the Internal Revenue Service,
Forms 1099-MISC, and income and expenses from the sole
proprietorship, as determined by the Administrator and the
Secretary.
``(iii) Business concerns with more than 1 physical
location.--During the covered period, any business concern
that employs not more than 500 employees per physical
location of the business concern and that is assigned a North
American Industry Classification System code beginning with
72 at the time of disbursal shall be eligible to receive a
covered loan.
``(iv) Waiver of affiliation rules.--During the covered
period, the provisions applicable to affiliations under
section 121.103 of title 13, Code of Federal Regulations, or
any successor regulation, are waived with respect to
eligibility for a covered loan for--
``(I) any business concern with not more than 500 employees
that, as of the date on which the covered loan is disbursed,
is assigned a North American Industry Classification System
code beginning with 72;
``(II) any business concern operating as a franchise that
is assigned a franchise identifier code by the
Administration; and
``(III) any business concern that receives financial
assistance from a company licensed under section 301 of the
Small Business Investment Act of 1958 (15 U.S.C. 681).
``(v) Employee.--For purposes of determining whether a
business concern, nonprofit organization, veterans
organization, or Tribal business concern described in section
31(b)(2)(C) employs not more than 500 employees under clause
(i)(I), the term `employee' includes individuals employed on
a full-time, part-time, or other basis.
``(vi) Affiliation.--The provisions applicable to
affiliations under section 121.103 of title 13, Code of
Federal Regulations, or any successor thereto, shall apply
with respect to a nonprofit organization and a veterans
organization in the same manner as with respect to a small
business concern.
``(E) Maximum loan amount.--During the covered period, with
respect to a covered loan, the maximum loan amount shall be
the lesser of--
``(i)(I) the sum of--
``(aa) the product obtained by multiplying--
``(AA) the average total monthly payments by the applicant
for payroll costs incurred during the 1-year period before
the date on which the loan is made, except that, in the case
of an applicant that is seasonal employer, as determined by
the Administrator, the average total monthly payments for
payroll shall be for the 12-week period beginning February
15, 2019, or at the election of the eligible recipient, March
1, 2019, and ending June 30, 2019; by
``(BB) 2.5; and
``(bb) the outstanding amount of a loan under subsection
(b)(2) that was made during the period beginning on January
31, 2020 and ending on the date on which covered loans are
made available to be refinanced under the covered loan; or
``(II) if requested by an otherwise eligible recipient that
was not in business during the period beginning on February
15, 2019 and ending on June 30, 2019, the sum of--
``(aa) the product obtained by multiplying--
``(AA) the average total monthly payments by the applicant
for payroll costs incurred during the period beginning on
January 1, 2020 and ending on February 29, 2020; by
``(BB) 2.5; and
``(bb) the outstanding amount of a loan under subsection
(b)(2) that was made during the period beginning on January
31, 2020 and ending on the date on which covered loans are
made available to be refinanced under the covered loan; or
``(ii) $10,000,000.
``(F) Allowable uses of covered loans.--
``(i) In general.--During the covered period, an eligible
recipient may, in addition to the allowable uses of a loan
made under this subsection, use the proceeds of the covered
loan for--
``(I) payroll costs;
``(II) costs related to the continuation of group health
care benefits during periods of paid sick, medical, or family
leave, and insurance premiums;
``(III) employee salaries, commissions, or similar
compensations;
``(IV) payments of interest on any mortgage obligation
(which shall not include any prepayment of or payment of
principal on a mortgage obligation);
``(V) rent (including rent under a lease agreement);
``(VI) utilities; and
``(VII) interest on any other debt obligations that were
incurred before the covered period.
``(ii) Delegated authority.--
``(I) In general.--For purposes of making covered loans for
the purposes described in clause (i), a lender approved to
make loans under this subsection shall be deemed to have been
delegated authority by the Administrator to make and approve
covered loans, subject to the provisions of this paragraph.
``(II) Considerations.--In evaluating the eligibility of a
borrower for a covered loan with the terms described in this
paragraph, a lender shall consider whether the borrower--
``(aa) was in operation on February 15, 2020; and
``(bb)(AA) had employees for whom the borrower paid
salaries and payroll taxes; or
``(BB) paid independent contractors, as reported on a Form
1099-MISC.
``(iii) Additional lenders.--The authority to make loans
under this paragraph shall be extended to additional lenders
determined by the Administrator and the Secretary of the
Treasury to have the necessary qualifications to process,
close, disburse and service loans made with the guarantee of
the Administration.
``(iv) Refinance.--A loan made under subsection (b)(2)
during the period beginning on January 31, 2020 and ending on
the date on which covered loans are made available may be
refinanced as part of a covered loan.
``(v) Nonrecourse.--Notwithstanding the waiver of the
personal guarantee requirement or collateral under
subparagraph (J), the Administrator shall have no recourse
against any individual shareholder, member, or partner of an
eligible recipient of a covered loan for nonpayment of any
covered loan, except to the extent that such shareholder,
member, or partner uses the covered loan proceeds for a
purpose not authorized under clause (i).
``(G) Borrower requirements.--
``(i) Certification.--An eligible recipient applying for a
covered loan shall make a good faith certification--
``(I) that the uncertainty of current economic conditions
makes necessary the loan request to support the ongoing
operations of the eligible recipient;
``(II) acknowledging that funds will be used to retain
workers and maintain payroll or make mortgage payments, lease
payments, and utility payments;
``(III) that the eligible recipient does not have an
application pending for a loan under this subsection for the
same purpose and duplicative of amounts applied for or
received under a covered loan; and
``(IV) during the period beginning on February 15, 2020 and
ending on December 31, 2020, that the eligible recipient has
not received amounts under this subsection for the same
purpose and duplicative of amounts applied for or received
under a covered loan.
[[Page H1735]]
``(H) Fee waiver.--During the covered period, with respect
to a covered loan--
``(i) in lieu of the fee otherwise applicable under
paragraph (23)(A), the Administrator shall collect no fee;
and
``(ii) in lieu of the fee otherwise applicable under
paragraph (18)(A), the Administrator shall collect no fee.
``(I) Credit elsewhere.--During the covered period, the
requirement that a small business concern is unable to obtain
credit elsewhere, as defined in section 3(h), shall not apply
to a covered loan.
``(J) Waiver of personal guarantee requirement.--During the
covered period, with respect to a covered loan--
``(i) no personal guarantee shall be required for the
covered loan; and
``(ii) no collateral shall be required for the covered
loan.
``(K) Maturity for loans with remaining balance after
application of forgiveness.--With respect to a covered loan
that has a remaining balance after reduction based on the
loan forgiveness amount under section 1106 of the CARES Act--
``(i) the remaining balance shall continue to be guaranteed
by the Administration under this subsection; and
``(ii) the covered loan shall have a maximum maturity of 10
years from the date on which the borrower applies for loan
forgiveness under that section.
``(L) Interest rate requirements.--A covered loan shall
bear an interest rate not to exceed 4 percent.
``(M) Loan deferment.--
``(i) Definition of impacted borrower.--
``(I) In general.--In this subparagraph, the term `impacted
borrower' means an eligible recipient that--
``(aa) is in operation on February 15, 2020; and
``(bb) has an application for a covered loan that is
approved or pending approval on or after the date of
enactment of this paragraph.
``(II) Presumption.--For purposes of this subparagraph, an
impacted borrower is presumed to have been adversely impacted
by COVID-19.
``(ii) Deferral.--During the covered period, the
Administrator shall--
``(I) consider each eligible recipient that applies for a
covered loan to be an impacted borrower; and
``(II) require lenders under this subsection to provide
complete payment deferment relief for impacted borrowers with
covered loans for a period of not less than 6 months,
including payment of principal, interest, and fees, and not
more than 1 year.
``(iii) Secondary market.--During the covered period, with
respect to a covered loan that is sold on the secondary
market, if an investor declines to approve a deferral
requested by a lender under clause (ii), the Administrator
shall exercise the authority to purchase the loan so that the
impacted borrower may receive a deferral for a period of not
less than 6 months, including payment of principal, interest,
and fees, and not more than 1 year.
``(iv) Guidance.--Not later than 30 days after the date of
enactment of this paragraph, the Administrator shall provide
guidance to lenders under this paragraph on the deferment
process described in this subparagraph.
``(N) Secondary market sales.--A covered loan shall be
eligible to be sold in the secondary market consistent with
this subsection. The Administrator may not collect any fee
for any guarantee sold into the secondary market under this
subparagraph.
``(O) Regulatory capital requirements.--
``(i) Risk weight.--With respect to the appropriate Federal
banking agencies or the National Credit Union Administration
Board applying capital requirements under their respective
risk-based capital requirements, a covered loan shall receive
a risk weight of zero percent.
``(ii) Temporary relief from tdr disclosures.--
Notwithstanding any other provision of law, an insured
depository institution or an insured credit union that
modifies a covered loan in relation to COVID-19-related
difficulties in a troubled debt restructuring on or after
March 13, 2020, shall not be required to comply with the
Financial Accounting Standards Board Accounting Standards
Codification Subtopic 310-40 (`Receivables - Troubled Debt
Restructurings by Creditors') for purposes of compliance with
the requirements of the Federal Deposit Insurance Act (12
U.S.C. 1811 et seq.), until such time and under such
circumstances as the appropriate Federal banking agency or
the National Credit Union Administration Board, as
applicable, determines appropriate.
``(P) Reimbursement for processing.--
``(i) In general.--The Administrator shall reimburse a
lender authorized to make a covered loan at a rate, based on
the balance of the financing outstanding at the time of
disbursement of the covered loan, of--
``(I) 5 percent for loans of not more than $350,000;
``(II) 3 percent for loans of more than $350,000 and less
than $2,000,000; and
``(III) 1 percent for loans of not less than $2,000,000.
``(ii) Fee limits.--An agent that assists an eligible
recipient to prepare an application for a covered loan may
not collect a fee in excess of the limits established by the
Administrator.
``(iii) Timing.--A reimbursement described in clause (i)
shall be made not later than 5 days after the disbursement of
the covered loan.
``(iv) Sense of the senate.--It is the sense of the Senate
that the Administrator should issue guidance to lenders and
agents to ensure that the processing and disbursement of
covered loans prioritizes small business concerns and
entities in underserved and rural markets, including veterans
and members of the military community, small business
concerns owned and controlled by socially and economically
disadvantaged individuals (as defined in section 8(d)(3)(C)),
women, and businesses in operation for less than 2 years.
``(Q) Duplication.--Nothing in this paragraph shall
prohibit a recipient of an economic injury disaster loan made
under subsection (b)(2) during the period beginning on
January 31, 2020 and ending on the date on which covered
loans are made available that is for a purpose other than
paying payroll costs and other obligations described in
subparagraph (F) from receiving assistance under this
paragraph.
``(R) Waiver of prepayment penalty.--Notwithstanding any
other provision of law, there shall be no prepayment penalty
for any payment made on a covered loan.''.
(b) Commitments for 7(a) Loans.--During the period
beginning on February 15, 2020 and ending on June 30, 2020--
(1) the amount authorized for commitments for general
business loans authorized under section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), including loans made under
paragraph (36) of such section, as added by subsection (a),
shall be $349,000,000,000; and
(2) the amount authorized for commitments for such loans
under the heading ``business loans program account'' under
the heading ``Small Business Administration'' under title V
of the Consolidated Appropriations Act, 2020 (Public Law 116-
93; 133 Stat. 2475) shall not apply.
(c) Express Loans.--
(1) In general.--Section 7(a)(31)(D) of the Small Business
Act (15 U.S.C. 636(a)(31)(D)) is amended by striking
``$350,000'' and inserting ``$1,000,000''.
(2) Prospective repeal.--Effective on January 1, 2021,
section 7(a)(31)(D) of the Small Business Act (15 U.S.C.
636(a)(31)(D)) is amended by striking ``$1,000,000'' and
inserting ``$350,000''.
(d) Exception to Guarantee Fee Waiver for Veterans.--
Section 7(a)(31)(G) of the Small Business Act (15 U.S.C.
636(a)(31)(G)) is amended--
(1) by striking clause (ii); and
(2) by redesignating clause (iii) as clause (ii).
(e) Interim Rule.--On and after the date of enactment of
this Act, the interim final rule published by the
Administrator entitled ``Express Loan Programs: Affiliation
Standards'' (85 Fed. Reg. 7622 (February 10, 2020)) is
permanently rescinded and shall have no force or effect.
SEC. 1103. ENTREPRENEURIAL DEVELOPMENT.
(a) Definitions.--In this section--
(1) the term ``covered small business concern'' means a
small business concern that has experienced, as a result of
COVID-19--
(A) supply chain disruptions, including changes in--
(i) quantity and lead time, including the number of
shipments of components and delays in shipments;
(ii) quality, including shortages in supply for quality
control reasons; and
(iii) technology, including a compromised payment network;
(B) staffing challenges;
(C) a decrease in gross receipts or customers; or
(D) a closure;
(2) the term ``resource partner'' means--
(A) a small business development center; and
(B) a women's business center;
(3) the term ``small business development center'' has the
meaning given the term in section 3 of the Small Business Act
(15 U.S.C. 632); and
(4) the term ``women's business center'' means a women's
business center described in section 29 of the Small Business
Act (15 U.S.C. 656).
(b) Education, Training, and Advising Grants.--
(1) In general.--The Administration may provide financial
assistance in the form of grants to resource partners to
provide education, training, and advising to covered small
business concerns.
(2) Use of funds.--Grants under this subsection shall be
used for the education, training, and advising of covered
small business concerns and their employees on--
(A) accessing and applying for resources provided by the
Administration and other Federal resources relating to access
to capital and business resiliency;
(B) the hazards and prevention of the transmission and
communication of COVID-19 and other communicable diseases;
(C) the potential effects of COVID-19 on the supply chains,
distribution, and sale of products of covered small business
concerns and the mitigation of those effects;
(D) the management and practice of telework to reduce
possible transmission of COVID-19;
(E) the management and practice of remote customer service
by electronic or other means;
(F) the risks of and mitigation of cyber threats in remote
customer service or telework practices;
(G) the mitigation of the effects of reduced travel or
outside activities on covered small business concerns during
COVID-19 or similar occurrences; and
(H) any other relevant business practices necessary to
mitigate the economic effects of COVID-19 or similar
occurrences.
(3) Grant determination.--
(A) Small business development centers.--The Administration
shall award 80 percent of funds authorized to carry out this
subsection to small business development centers, which shall
be awarded pursuant to a formula jointly developed,
negotiated, and agreed upon, with full participation of both
parties, between the association formed under section
21(a)(3)(A) of the Small Business Act (15 U.S.C.
648(a)(3)(A)) and the Administration.
(B) Women's business centers.--The Administration shall
award 20 percent of funds authorized to carry out this
subsection to women's business centers, which shall be
awarded pursuant to a process established by the
Administration in consultation with recipients of assistance.
[[Page H1736]]
(C) No matching funds required.--Matching funds shall not
be required for any grant under this subsection.
(4) Goals and metrics.--
(A) In general.--Goals and metrics for the funds made
available under this subsection shall be jointly developed,
negotiated, and agreed upon, with full participation of both
parties, between the resource partners and the Administrator,
which shall--
(i) take into consideration the extent of the circumstances
relating to the spread of COVID-19, or similar occurrences,
that affect covered small business concerns located in the
areas covered by the resource partner, particularly in rural
areas or economically distressed areas;
(ii) generally follow the use of funds outlined in
paragraph (2), but shall not restrict the activities of
resource partners in responding to unique situations; and
(iii) encourage resource partners to develop and provide
services to covered small business concerns.
(B) Public availability.--The Administrator shall make
publicly available the methodology by which the Administrator
and resource partners jointly develop the metrics and goals
described in subparagraph (A).
(c) Resource Partner Association Grants.--
(1) In general.--The Administrator may provide grants to an
association or associations representing resource partners
under which the association or associations shall establish a
single centralized hub for COVID-19 information, which shall
include--
(A) 1 online platform that consolidates resources and
information available across multiple Federal agencies for
small business concerns related to COVID-19; and
(B) a training program to educate resource partner
counselors, members of the Service Corps of Retired
Executives established under section 8(b)(1)(B) of the Small
Business Act (15 U.S.C. 637(b)(1)(B)), and counselors at
veterans business outreach centers described in section 32 of
the Small Business Act (15 U.S.C. 657b) on the resources and
information described in subparagraph (A).
(2) Goals and metrics.--Goals and metrics for the funds
made available under this subsection shall be jointly
developed, negotiated, and agreed upon, with full
participation of both parties, between the association or
associations receiving a grant under this subsection and the
Administrator.
(d) Report.--Not later than 6 months after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report that
describes--
(1) with respect to the initial year covered by the
report--
(A) the programs and services developed and provided by the
Administration and resource partners under subsection (b);
(B) the initial efforts to provide those services under
subsection (b); and
(C) the online platform and training developed and provided
by the Administration and the association or associations
under subsection (c); and
(2) with respect to the subsequent years covered by the
report--
(A) with respect to the grant program under subsection
(b)--
(i) the efforts of the Administrator and resource partners
to develop services to assist covered small business
concerns;
(ii) the challenges faced by owners of covered small
business concerns in accessing services provided by the
Administration and resource partners;
(iii) the number of unique covered small business concerns
that were served by the Administration and resource partners;
and
(iv) other relevant outcome performance data with respect
to covered small business concerns, including the number of
employees affected, the effect on sales, the disruptions of
supply chains, and the efforts made by the Administration and
resource partners to mitigate these effects; and
(B) with respect to the grant program under subsection
(c)--
(i) the efforts of the Administrator and the association or
associations to develop and evolve an online resource for
small business concerns; and
(ii) the efforts of the Administrator and the association
or associations to develop a training program for resource
partner counselors, including the number of counselors
trained.
SEC. 1104. STATE TRADE EXPANSION PROGRAM.
(a) In General.--Notwithstanding paragraph (3)(C)(iii) of
section 22(l) of the Small Business Act (15 U.S.C. 649(l)),
for grants under the State Trade Expansion Program under such
section 22(l) using amounts made available for fiscal year
2018 or fiscal year 2019, the period of the grant shall
continue through the end of fiscal year 2021.
(b) Reimbursement.--The Administrator shall reimburse any
recipient of assistance under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)) for financial losses relating
to a foreign trade mission or a trade show exhibition that
was cancelled solely due to a public health emergency
declared due to COVID-19 if the reimbursement does not exceed
a recipient's grant funding.
SEC. 1105. WAIVER OF MATCHING FUNDS REQUIREMENT UNDER THE
WOMEN'S BUSINESS CENTER PROGRAM.
During the 3-month period beginning on the date of
enactment of this Act, the requirement relating to obtaining
cash contributions from non-Federal sources under section
29(c)(1) of the Small Business Act (15 U.S.C. 656(c)(1)) is
waived for any recipient of assistance under such section 29.
SEC. 1106. LOAN FORGIVENESS.
(a) Definitions.--In this section--
(1) the term ``covered loan'' means a loan guaranteed under
paragraph (36) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), as added by section 1102;
(2) the term ``covered mortgage obligation'' means any
indebtedness or debt instrument incurred in the ordinary
course of business that--
(A) is a liability of the borrower;
(B) is a mortgage on real or personal property; and
(C) was incurred before February 15, 2020;
(3) the term ``covered period'' means the 8-week period
beginning on the date of the origination of a covered loan;
(4) the term ``covered rent obligation'' means rent
obligated under a leasing agreement in force before February
15, 2020;
(5) the term ``covered utility payment'' means payment for
a service for the distribution of electricity, gas, water,
transportation, telephone, or internet access for which
service began before February 15, 2020;
(6) the term ``eligible recipient'' means the recipient of
a covered loan;
(7) the term ``expected forgiveness amount'' means the
amount of principal that a lender reasonably expects a
borrower to expend during the covered period on the sum of
any--
(A) payroll costs;
(B) payments of interest on any covered mortgage obligation
(which shall not include any prepayment of or payment of
principal on a covered mortgage obligation);
(C) payments on any covered rent obligation; and
(D) covered utility payments; and
(8) the term ``payroll costs'' has the meaning given that
term in paragraph (36) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), as added by section 1102 of this Act.
(b) Forgiveness.--An eligible recipient shall be eligible
for forgiveness of indebtedness on a covered loan in an
amount equal to the sum of the following costs incurred and
payments made during the covered period:
(1) Payroll costs.
(2) Any payment of interest on any covered mortgage
obligation (which shall not include any prepayment of or
payment of principal on a covered mortgage obligation).
(3) Any payment on any covered rent obligation.
(4) Any covered utility payment.
(c) Treatment of Amounts Forgiven.--
(1) In general.--Amounts which have been forgiven under
this section shall be considered canceled indebtedness by a
lender authorized under section 7(a) of the Small Business
Act (15 U.S.C. 636(a)).
(2) Purchase of guarantees.--For purposes of the purchase
of the guarantee for a covered loan by the Administrator,
amounts which are forgiven under this section shall be
treated in accordance with the procedures that are otherwise
applicable to a loan guaranteed under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
(3) Remittance.--Not later than 90 days after the date on
which the amount of forgiveness under this section is
determined, the Administrator shall remit to the lender an
amount equal to the amount of forgiveness, plus any interest
accrued through the date of payment.
(4) Advance purchase of covered loan.--
(A) Report.--A lender authorized under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)), or, at the discretion
of the Administrator, a third party participant in the
secondary market, may, report to the Administrator an
expected forgiveness amount on a covered loan or on a pool of
covered loans of up to 100 percent of the principal on the
covered loan or pool of covered loans, respectively.
(B) Purchase.--The Administrator shall purchase the
expected forgiveness amount described in subparagraph (A) as
if the amount were the principal amount of a loan guaranteed
under section 7(a) of the Small Business Act 636(a)).
(C) Timing.--Not later than 15 days after the date on which
the Administrator receives a report under subparagraph (A),
the Administrator shall purchase the expected forgiveness
amount under subparagraph (B) with respect to each covered
loan to which the report relates.
(d) Limits on Amount of Forgiveness.--
(1) Amount may not exceed principal.--The amount of loan
forgiveness under this section shall not exceed the principal
amount of the financing made available under the applicable
covered loan.
(2) Reduction based on reduction in number of employees.--
(A) In general.--The amount of loan forgiveness under this
section shall be reduced, but not increased, by multiplying
the amount described in subsection (b) by the quotient
obtained by dividing--
(i) the average number of full-time equivalent employees
per month employed by the eligible recipient during the
covered period; by
(ii)(I) at the election of the borrower--
(aa) the average number of full-time equivalent employees
per month employed by the eligible recipient during the
period beginning on February 15, 2019 and ending on June 30,
2019; or
(bb) the average number of full-time equivalent employees
per month employed by the eligible recipient during the
period beginning on January 1, 2020 and ending on February
29, 2020; or
(II) in the case of an eligible recipient that is seasonal
employer, as determined by the Administrator, the average
number of full-time equivalent employees per month employed
by the eligible recipient during the period beginning on
February 15, 2019 and ending on June 30, 2019.
(B) Calculation of average number of employees.--For
purposes of subparagraph (A), the average number of full-time
equivalent employees shall be determined by calculating the
[[Page H1737]]
average number of full-time equivalent employees for each pay
period falling within a month.
(3) Reduction relating to salary and wages.--
(A) In general.--The amount of loan forgiveness under this
section shall be reduced by the amount of any reduction in
total salary or wages of any employee described in
subparagraph (B) during the covered period that is in excess
of 25 percent of the total salary or wages of the employee
during the most recent full quarter during which the employee
was employed before the covered period.
(B) Employees described.--An employee described in this
subparagraph is any employee who did not receive, during any
single pay period during 2019, wages or salary at an
annualized rate of pay in an amount more than $100,000.
(4) Tipped workers.--An eligible recipient with tipped
employees described in section 3(m)(2)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) may receive
forgiveness for additional wages paid to those employees.
(5) Exemption for re-hires.--
(A) In general.--In a circumstance described in
subparagraph (B), the amount of loan forgiveness under this
section shall be determined without regard to a reduction in
the number of full-time equivalent employees of an eligible
recipient or a reduction in the salary of 1 or more employees
of the eligible recipient, as applicable, during the period
beginning on February 15, 2020 and ending on the date that is
30 days after the date of enactment of this Act.
(B) Circumstances.--A circumstance described in this
subparagraph is a circumstance--
(i) in which--
(I) during the period beginning on February 15, 2020 and
ending on the date that is 30 days after the date of
enactment of this Act, there is a reduction, as compared to
February 15, 2020, in the number of full-time equivalent
employees of an eligible recipient; and
(II) not later than June 30, 2020, the eligible employer
has eliminated the reduction in the number of full-time
equivalent employees;
(ii) in which--
(I) during the period beginning on February 15, 2020 and
ending on the date that is 30 days after the date of
enactment of this Act, there is a reduction, as compared to
February 15, 2020, in the salary or wages of 1 or more
employees of the eligible recipient; and
(II) not later than June 30, 2020, the eligible employer
has eliminated the reduction in the salary or wages of such
employees; or
(iii) in which the events described in clause (i) and (ii)
occur.
(6) Exemptions.--The Administrator and the Secretary of the
Treasury may prescribe regulations granting de minimis
exemptions from the requirements under this subsection.
(e) Application.--An eligible recipient seeking loan
forgiveness under this section shall submit to the lender
that is servicing the covered loan an application, which
shall include--
(1) documentation verifying the number of full-time
equivalent employees on payroll and pay rates for the periods
described in subsection (d), including--
(A) payroll tax filings reported to the Internal Revenue
Service; and
(B) State income, payroll, and unemployment insurance
filings;
(2) documentation, including cancelled checks, payment
receipts, transcripts of accounts, or other documents
verifying payments on covered mortgage obligations, payments
on covered lease obligations, and covered utility payments;
(3) a certification from a representative of the eligible
recipient authorized to make such certifications that--
(A) the documentation presented is true and correct; and
(B) the amount for which forgiveness is requested was used
to retain employees, make interest payments on a covered
mortgage obligation, make payments on a covered rent
obligation, or make covered utility payments; and
(4) any other documentation the Administrator determines
necessary.
(f) Prohibition on Forgiveness Without Documentation.--No
eligible recipient shall receive forgiveness under this
section without submitting to the lender that is servicing
the covered loan the documentation required under subsection
(e).
(g) Decision.--Not later than 60 days after the date on
which a lender receives an application for loan forgiveness
under this section from an eligible recipient, the lender
shall issue a decision on the an application.
(h) Hold Harmless.--If a lender has received the
documentation required under this section from an eligible
recipient attesting that the eligible recipient has
accurately verified the payments for payroll costs, payments
on covered mortgage obligations, payments on covered lease
obligations, or covered utility payments during covered
period--
(1) an enforcement action may not be taken against the
lender under section 47(e) of the Small Business Act (15
U.S.C. 657t(e)) relating to loan forgiveness for the payments
for payroll costs, payments on covered mortgage obligations,
payments on covered lease obligations, or covered utility
payments, as the case may be; and
(2) the lender shall not be subject to any penalties by the
Administrator relating to loan forgiveness for the payments
for payroll costs, payments on covered mortgage obligations,
payments on covered lease obligations, or covered utility
payments, as the case may be.
(i) Taxability.--For purposes of the Internal Revenue Code
of 1986, any amount which (but for this subsection) would be
includible in gross income of the eligible recipient by
reason of forgiveness described in subsection (b) shall be
excluded from gross income.
(j) Rule of Construction.--The cancellation of indebtedness
on a covered loan under this section shall not otherwise
modify the terms and conditions of the covered loan.
(k) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall issue guidance
and regulations implementing this section.
SEC. 1107. DIRECT APPROPRIATIONS.
(a) In General.--There is appropriated, out of amounts in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2020, to remain available until
September 30, 2021, for additional amounts--
(1) $349,000,000,000 under the heading ``Small Business
Administration--Business Loans Program Account, CARES Act''
for the cost of guaranteed loans as authorized under
paragraph (36) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), as added by section 1102(a) of this Act;
(2) $675,000,000 under the heading ``Small Business
Administration--Salaries and Expenses'' for salaries and
expenses of the Administration;
(3) $25,000,000 under the heading ``Small Business
Administration--Office of Inspector General'', to remain
available until September 30, 2024, for necessary expenses of
the Office of Inspector General of the Administration in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.);
(4) $265,000,000 under the heading ``Small Business
Administration--Entrepreneurial Development Programs'', of
which--
(A) $240,000,000 shall be for carrying out section 1103(b)
of this Act; and
(B) $25,000,000 shall be for carrying out section 1103(c)
of this Act;
(5) $10,000,000 under the heading ``Department of
Commerce--Minority Business Development Agency'' for minority
business centers of the Minority Business Development Agency
to provide technical assistance to small business concerns;
(6) $10,000,000,000 under the heading ``Small Business
Administration--Emergency EIDL Grants'' shall be for carrying
out section 1110 of this Act;
(7) $17,000,000,000 under the heading ``Small Business
Administration--Business Loans Program Account, CARES Act''
shall be for carrying out section 1112 of this Act; and
(8) $25,000,000 under the heading ``Department of the
Treasury--Departmental Offices--Salaries and Expenses'' shall
be for carrying out section 1109 of this Act.
(b) Secondary Market.--During the period beginning on the
date of enactment of this Act and ending on September 30,
2021, guarantees of trust certificates authorized by section
5(g) of the Small Business Act (15 U.S.C. 635(g)) shall not
exceed a principal amount of $100,000,000,000.
(c) Reports.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives a detailed
expenditure plan for using the amounts appropriated to the
Administration under subsection (a).
SEC. 1108. MINORITY BUSINESS DEVELOPMENT AGENCY.
(a) Definitions.--In this section--
(1) the term ``Agency'' means the Minority Business
Development Agency of the Department of Commerce;
(2) the term ``minority business center'' means a Business
Center of the Agency;
(3) the term ``minority business enterprise'' means a for-
profit business enterprise--
(A) not less than 51 percent of which is owned by 1 or more
socially disadvantaged individuals, as determined by the
Agency; and
(B) the management and daily business operations of which
are controlled by 1 or more socially disadvantaged
individuals, as determined by the Agency; and
(4) the term ``minority chamber of commerce'' means a
chamber of commerce developed specifically to support
minority business enterprises.
(b) Education, Training, and Advising Grants.--
(1) In general.--The Agency may provide financial
assistance in the form of grants to minority business centers
and minority chambers of commerce to provide education,
training, and advising to minority business enterprises.
(2) Use of funds.--Grants under this section shall be used
for the education, training, and advising of minority
business enterprises and their employees on--
(A) accessing and applying for resources provided by the
Agency and other Federal resources relating to access to
capital and business resiliency;
(B) the hazards and prevention of the transmission and
communication of COVID-19 and other communicable diseases;
(C) the potential effects of COVID-19 on the supply chains,
distribution, and sale of products of minority business
enterprises and the mitigation of those effects;
(D) the management and practice of telework to reduce
possible transmission of COVID-19;
(E) the management and practice of remote customer service
by electronic or other means;
(F) the risks of and mitigation of cyber threats in remote
customer service or telework practices;
(G) the mitigation of the effects of reduced travel or
outside activities on minority business enterprises during
COVID-19 or similar occurrences; and
(H) any other relevant business practices necessary to
mitigate the economic effects of COVID-19 or similar
occurrences.
(3) No matching funds required.--Matching funds shall not
be required for any grant under this section.
(4) Goals and metrics.--
(A) In general.--Goals and metrics for the funds made
available under this section shall be
[[Page H1738]]
jointly developed, negotiated, and agreed upon, with full
participation of both parties, between the minority business
centers, minority chambers of commerce, and the Agency, which
shall--
(i) take into consideration the extent of the circumstances
relating to the spread of COVID-19, or similar occurrences,
that affect minority business enterprises located in the
areas covered by minority business centers and minority
chambers of commerce, particularly in rural areas or
economically distressed areas;
(ii) generally follow the use of funds outlined in
paragraph (2), but shall not restrict the activities of
minority business centers and minority chambers of commerce
in responding to unique situations; and
(iii) encourage minority business centers and minority
chambers of commerce to develop and provide services to
minority business enterprises.
(B) Public availability.--The Agency shall make publicly
available the methodology by which the Agency, minority
business centers, and minority chambers of commerce jointly
develop the metrics and goals described in subparagraph (A).
(c) Waivers.--
(1) In general.--Notwithstanding any other provision of law
or regulation, the Agency may, during the 3-month period that
begins on the date of enactment of this Act, waive any
matching requirement imposed on a minority business center or
a specialty center of the Agency under a cooperative
agreement between such a center and the Agency if the
applicable center is unable to raise funds, or has suffered a
loss of revenue, because of the effects of COVID-19.
(2) Remaining compliant.--Notwithstanding any provision of
a cooperative agreement between the Agency and a minority
business center, if, during the period beginning on the date
of enactment of this Act and ending on September 30, 2021,
such a center decides not to collect fees because of the
economic consequences of COVID-19, the center shall be
considered to be in compliance with that agreement if--
(A) the center notifies the Agency with respect to that
decision, which the center may provide through electronic
mail; and
(B) the Agency, not later than 15 days after the date on
which the center provides notice to the Agency under
subparagraph (A)--
(i) confirms receipt of the notification under subparagraph
(A); and
(ii) accepts the decision of the center.
(d) Report.--Not later than 6 months after the date of
enactment of this Act, and annually thereafter, the Agency
shall submit to the Committee on Small Business and
Entrepreneurship and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Small
Business and the Committee on Energy and Commerce of the
House of Representatives a report that describes--
(1) with respect to the period covered by the initial
report--
(A) the programs and services developed and provided by the
Agency, minority business centers, and minority chambers of
commerce under subsection (b); and
(B) the initial efforts to provide those services under
subsection (b); and
(2) with respect to subsequent years covered by the
report--
(A) with respect to the grant program under subsection
(b)--
(i) the efforts of the Agency, minority business centers,
and minority chambers of commerce to develop services to
assist minority business enterprises;
(ii) the challenges faced by owners of minority business
enterprises in accessing services provided by the Agency,
minority business centers, and minority chambers of commerce;
(iii) the number of unique minority business enterprises
that were served by the Agency, minority business centers, or
minority chambers of commerce; and
(iv) other relevant outcome performance data with respect
to minority business enterprises, including the number of
employees affected, the effect on sales, the disruptions of
supply chains, and the efforts made by the Agency, minority
business centers, and minority chambers of commerce to
mitigate these effects .
(e) Authorization of Appropriations.--There is authorized
to be appropriated $10,000,000 to carry out this section, to
remain available until expended.
SEC. 1109. UNITED STATES TREASURY PROGRAM MANAGEMENT
AUTHORITY.
(a) Definitions.--In this section--
(1) the terms ``appropriate Federal banking agency'' and
``insured depository institution'' have the meanings given
those terms in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813);
(2) the term ``insured credit union'' has the meaning given
the term in section 101 of the Federal Credit Union Act (12
U.S.C. 1752); and
(3) the term ``Secretary'' means the Secretary of the
Treasury.
(b) Authority to Include Additional Financial
Institutions.--The Department of the Treasury, in
consultation with the Administrator, and the Chairman of the
Farm Credit Administration shall establish criteria for
insured depository institutions, insured credit unions,
institutions of the Farm Credit System chartered under the
Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), and other
lenders that do not already participate in lending under
programs of the Administration, to participate in the
paycheck protection program to provide loans under this
section until the date on which the national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) with respect to the Coronavirus
Disease 2019 (COVID-19) expires.
(c) Safety and Soundness.--An insured depository
institution, insured credit union, institution of the Farm
Credit System chartered under the Farm Credit Act of 1971 (12
U.S.C. 2001 et seq.), or other lender may only participate in
the program established under this section if participation
does not affect the safety and soundness of the institution
or lender, as determined by the Secretary in consultation
with the appropriate Federal banking agencies or the National
Credit Union Administration Board, as applicable.
(d) Regulations for Lenders and Loans.--
(1) In general.--The Secretary may issue regulations and
guidance as necessary to carry out the purposes of this
section, including to--
(A) allow additional lenders to originate loans under this
section; and
(B) establish terms and conditions for loans under this
section, including terms and conditions concerning
compensation, underwriting standards, interest rates, and
maturity.
(2) Requirements.--The terms and conditions established
under paragraph (1) shall provide for the following:
(A) A rate of interest that does not exceed the maximum
permissible rate of interest available on a loan of
comparable maturity under paragraph (36) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)), as added by
section 1102 of this Act.
(B) Terms and conditions that, to the maximum extent
practicable, are consistent with the terms and conditions
required under the following provisions of paragraph (36) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as
added by section 1102 of this Act:
(i) Subparagraph (D), pertaining to borrower eligibility.
(ii) Subparagraph (E), pertaining to the maximum loan
amount.
(iii) Subparagraph (F)(i), pertaining to allowable uses of
program loans.
(iv) Subparagraph (H), pertaining to fee waivers.
(v) Subparagraph (M), pertaining to loan deferment.
(C) A guarantee percentage that, to the maximum extent
practicable, is consistent with the guarantee percentage
required under subparagraph (F) of section 7(a)(2) of the
Small Business Act (15 U.S.C. 636(a)(2)), as added by section
1102 of this Act.
(D) Loan forgiveness under terms and conditions that, to
the maximum extent practicable, is consistent with the terms
and conditions for loan forgiveness under section 1106 of
this Act.
(e) Additional Regulations Generally.--The Secretary may
issue regulations and guidance as necessary to carry out the
purposes of this section, including to allow additional
lenders to originate loans under this title and to establish
terms and conditions such as compensation, underwriting
standards, interest rates, and maturity for under this
section.
(f) Certification.--As a condition of receiving a loan
under this section, a borrower shall certify under terms
acceptable to the Secretary that the borrower--
(1) does not have an application pending for a loan under
section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for
the same purpose; and
(2) has not received such a loan during the period
beginning on February 15, 2020 and ending on December 31,
2020.
(g) Opt-in for SBA Qualified Lenders.--Lenders qualified to
participate as a lender under 7(a) of the Small Business Act
(15 U.S.C. 636(a)) may elect to participate in the paycheck
protection program under the criteria, terms, and conditions
established under this section. Such participation shall not
preclude the lenders from continuing participation as a
lender under section 7(a) of the Small Business Act (15
U.S.C. 636(a)).
(h) Program Administration.--With guidance from the
Secretary, the Administrator shall administer the program
established under this section, including the making and
purchasing of guarantees on loans under the program, until
the date on which the national emergency declared by the
President under the National Emergencies Act (50 U.S.C. 1601
et seq.) with respect to the Coronavirus Disease 2019 (COVID-
19) expires.
(i) Criminal Penalties.--A loan under this section shall be
deemed to be a loan under the Small Business Act (15 U.S.C.
631 et seq.) for purposes of section 16 of such Act (15
U.S.C. 645).
SEC. 1110. EMERGENCY EIDL GRANTS.
(a) Definitions.--In this section--
(1) the term ``covered period'' means the period beginning
on January 31, 2020 and ending on December 31, 2020; and
(2) the term ``eligible entity'' means--
(A) a business with not more than 500 employees;
(B) any individual who operates under a sole
proprietorship, with or without employees, or as an
independent contractor;
(C) a cooperative with not more than 500 employees;
(D) an ESOP (as defined in section 3 of the Small Business
Act (15 U.S.C. 632)) with not more than 500 employees; or
(E) a tribal small business concern, as described in
section 31(b)(2)(C) of the Small Business Act (15 U.S.C.
657a(b)(2)(C)), with not more than 500 employees.
(b) Eligible Entities.--During the covered period, in
addition to small business concerns, private nonprofit
organizations, and small agricultural cooperatives, an
eligible entity shall be eligible for a loan made under
section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)).
(c) Terms; Credit Elsewhere.--With respect to a loan made
under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) in response to COVID-19 during the covered period,
the Administrator shall waive--
(1) any rules related the personal guarantee on advances
and loans of not more than $200,000 during the covered period
for all applicants;
[[Page H1739]]
(2) the requirement that an applicant needs to be in
business for the 1-year period before the disaster, except
that no waiver may be made for a business that was not in
operation on January 31, 2020; and
(3) the requirement in the flush matter following
subparagraph (E) of section 7(b)(2) of the Small Business Act
(15 U.S.C. 636(b)(2)), as so redesignated by subsection (f)
of this section, that an applicant be unable to obtain credit
elsewhere.
(d) Approval and Ability to Repay for Small Dollar Loans.--
With respect to a loan made under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)) in response to
COVID-19 during the covered period, the Administrator may--
(1) approve an applicant based solely on the credit score
of the applicant and shall not require an applicant to submit
a tax return or a tax return transcript for such approval; or
(2) use alternative appropriate methods to determine an
applicant's ability to repay.
(e) Emergency Grant.--
(1) In general.--During the covered period, an entity
included for eligibility in subsection (b), including small
business concerns, private nonprofit organizations, and small
agricultural cooperatives, that applies for a loan under
section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) in response to COVID-19 may request that the
Administrator provide an advance that is, subject to
paragraph (3), in the amount requested by such applicant to
such applicant within 3 days after the Administrator receives
an application from such applicant.
(2) Verification.--Before disbursing amounts under this
subsection, the Administrator shall verify that the applicant
is an eligible entity by accepting a self-certification from
the applicant under penalty of perjury pursuant to section
1746 of title 28 United States Code.
(3) Amount.--The amount of an advance provided under this
subsection shall be not more than $10,000.
(4) Use of funds.--An advance provided under this
subsection may be used to address any allowable purpose for a
loan made under section 7(b)(2) of the Small Business Act (15
U.S.C. 636(b)(2)), including--
(A) providing paid sick leave to employees unable to work
due to the direct effect of the COVID-19;
(B) maintaining payroll to retain employees during business
disruptions or substantial slowdowns;
(C) meeting increased costs to obtain materials unavailable
from the applicant's original source due to interrupted
supply chains;
(D) making rent or mortgage payments; and
(E) repaying obligations that cannot be met due to revenue
losses.
(5) Repayment.--An applicant shall not be required to repay
any amounts of an advance provided under this subsection,
even if subsequently denied a loan under section 7(b)(2) of
the Small Business Act (15 U.S.C. 636(b)(2)).
(6) Unemployment grant.--If an applicant that receives an
advance under this subsection transfers into, or is approved
for, the loan program under section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), the advance amount shall be
reduced from the loan forgiveness amount for a loan for
payroll costs made under such section 7(a).
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Administration $10,000,000,000 to
carry out this subsection.
(8) Termination.--The authority to carry out grants under
this subsection shall terminate on December 31, 2020.
(f) Emergencies Involving Federal Primary Responsibility
Qualifying for SBA Assistance.--Section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking ``or'' at the end;
(3) in subparagraph (C), by striking ``or'' at the end;
(4) by redesignating subparagraph (D) as subparagraph (E);
(5) by inserting after subparagraph (C) the following:
``(D) an emergency involving Federal primary responsibility
determined to exist by the President under the section 501(b)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191(b)); or''; and
(6) in subparagraph (E), as so redesignated--
(A) by striking ``or (C)'' and inserting ``(C), or (D)'';
(B) by striking ``disaster declaration'' each place it
appears and inserting ``disaster or emergency declaration'';
(C) by striking ``disaster has occurred'' and inserting
``disaster or emergency has occurred'';
(D) by striking ``such disaster'' and inserting ``such
disaster or emergency''; and
(E) by striking ``disaster stricken'' and inserting
``disaster- or emergency-stricken''; and
(7) in the flush matter following subparagraph (E), as so
redesignated, by striking the period at the end and inserting
the following: ``: Provided further, That for purposes of
subparagraph (D), the Administrator shall deem that such an
emergency affects each State or subdivision thereof
(including counties), and that each State or subdivision has
sufficient economic damage to small business concerns to
qualify for assistance under this paragraph and the
Administrator shall accept applications for such assistance
immediately.''.
SEC. 1111. RESOURCES AND SERVICES IN LANGUAGES OTHER THAN
ENGLISH.
(a) In General.--The Administrator shall provide the
resources and services made available by the Administration
to small business concerns in the 10 most commonly spoken
languages, other than English, in the United States, which
shall include Mandarin, Cantonese, Japanese, and Korean.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator $25,000,000 to carry
out this section.
SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAYMENTS.
(a) Definition of Covered Loan.--In this section, the term
``covered loan'' means a loan that is--
(1) guaranteed by the Administration under--
(A) section 7(a) of the Small Business Act (15 U.S.C.
636(a))--
(i) including a loan made under the Community Advantage
Pilot Program of the Administration; and
(ii) excluding a loan made under paragraph (36) of such
section 7(a), as added by section 1102; or
(B) title V of the Small Business Investment Act of 1958
(15 U.S.C. 695 et seq.); or
(2) made by an intermediary to a small business concern
using loans or grants received under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)).
(b) Sense of Congress.--It is the sense of Congress that--
(1) all borrowers are adversely affected by COVID-19;
(2) relief payments by the Administration are appropriate
for all borrowers; and
(3) in addition to the relief provided under this Act, the
Administration should encourage lenders to provide payment
deferments, when appropriate, and to extend the maturity of
covered loans, so as to avoid balloon payments or any
requirement for increases in debt payments resulting from
deferments provided by lenders during the period of the
national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to the Coronavirus Disease 2019 (COVID-19).
(c) Principal and Interest Payments.--
(1) In general.--The Administrator shall pay the principal,
interest, and any associated fees that are owed on a covered
loan in a regular servicing status--
(A) with respect to a covered loan made before the date of
enactment of this Act and not on deferment, for the 6-month
period beginning with the next payment due on the covered
loan;
(B) with respect to a covered loan made before the date of
enactment of this Act and on deferment, for the 6-month
period beginning with the next payment due on the covered
loan after the deferment period; and
(C) with respect to a covered loan made during the period
beginning on the date of enactment of this Act and ending on
the date that is 6 months after such date of enactment, for
the 6-month period beginning with the first payment due on
the covered loan.
(2) Timing of payment.--The Administrator shall begin
making payments under paragraph (1) on a covered loan not
later than 30 days after the date on which the first such
payment is due.
(3) Application of payment.--Any payment made by the
Administrator under paragraph (1) shall be applied to the
covered loan such that the borrower is relieved of the
obligation to pay that amount.
(d) Other Requirements.--The Administrator shall--
(1) communicate and coordinate with the Federal Deposit
Insurance Corporation, the Office of the Comptroller of the
Currency, and State bank regulators to encourage those
entities to not require lenders to increase their reserves on
account of receiving payments made by the Administrator under
subsection (c);
(2) waive statutory limits on maximum loan maturities for
any covered loan durations where the lender provides a
deferral and extends the maturity of covered loans during the
1-year period following the date of enactment of this Act;
and
(3) when necessary to provide more time because of the
potential of higher volumes, travel restrictions, and the
inability to access some properties during the COVID-19
pandemic, extend lender site visit requirements to--
(A) not more than 60 days (which may be extended at the
discretion of the Administration) after the occurrence of an
adverse event, other than a payment default, causing a loan
to be classified as in liquidation; and
(B) not more than 90 days after a payment default.
(e) Rule of Construction.--Nothing in this section may be
construed to limit the authority of the Administrator to make
payments pursuant to subsection (c) with respect to a covered
loan solely because the covered loan has been sold in the
secondary market.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator $17,000,000,000 to
carry out this section.
SEC. 1113. BANKRUPTCY.
(a) Small Business Debtor Reorganization.--
(1) In general.--Section 1182(1) of title 11, United States
Code, is amended to read as follows:
``(1) Debtor.--The term `debtor'--
``(A) subject to subparagraph (B), means a person engaged
in commercial or business activities (including any affiliate
of such person that is also a debtor under this title and
excluding a person whose primary activity is the business of
owning single asset real estate) that has aggregate
noncontingent liquidated secured and unsecured debts as of
the date of the filing of the petition or the date of the
order for relief in an amount not more than $7,500,000
(excluding debts owed to 1 or more affiliates or insiders)
not less than 50 percent of which arose from the commercial
or business activities of the debtor; and
[[Page H1740]]
``(B) does not include--
``(i) any member of a group of affiliated debtors that has
aggregate noncontingent liquidated secured and unsecured
debts in an amount greater than $7,500,000 (excluding debt
owed to 1 or more affiliates or insiders);
``(ii) any debtor that is a corporation subject to the
reporting requirements under section 13 or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); or
``(iii) any debtor that is an affiliate of an issuer, as
defined in section 3 of the Securities Exchange Act of 1934
(15 U.S.C. 78c).''.
(2) Applicability of chapters.--Section 103(i) of title 11,
United States Code, is amended by striking ``small business
debtor'' and inserting ``debtor (as defined in section
1182)''.
(3) Application of amendment.--The amendment made by
paragraph (1) shall apply only with respect to cases
commenced under title 11, United States Code, on or after the
date of enactment of this Act.
(4) Technical corrections.--
(A) Definition of small business debtor.--Section
101(51D)(B)(iii) of title 11, United States Code, is amended
to read as follows:
``(iii) any debtor that is an affiliate of an issuer (as
defined in section 3 of the Securities Exchange Act of 1934
(15 U.S.C. 78c)).''.
(B) Unclaimed property.--Section 347(b) of title 11, United
States Code, is amended by striking ``1194'' and inserting
``1191''.
(5) Sunset.--On the date that is 1 year after the date of
enactment of this Act, section 1182(1) of title 11, United
States Code, is amended to read as follows:
``(1) Debtor.--The term `debtor' means a small business
debtor.''.
(b) Bankruptcy Relief.--
(1) In general.--
(A) Exclusion from current monthly income.--Section
101(10A)(B)(ii) of title 11, United States Code, is amended--
(i) in subclause (III), by striking ``; and'' and inserting
a semicolon;
(ii) in subclause (IV), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(V) Payments made under Federal law relating to the
national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to the coronavirus disease 2019 (COVID-19).''.
(B) Confirmation of plan.--Section 1325(b)(2) of title 11,
United States Code, is amended by inserting ``payments made
under Federal law relating to the national emergency declared
by the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the coronavirus disease
2019 (COVID-19),'' after ``other than''.
(C) Modification of plan after confirmation.--Section 1329
of title 11, United States Code, is amended by adding at end
the following:
``(d)(1) Subject to paragraph (3), for a plan confirmed
prior to the date of enactment of this subsection, the plan
may be modified upon the request of the debtor if--
``(A) the debtor is experiencing or has experienced a
material financial hardship due, directly or indirectly, to
the coronavirus disease 2019 (COVID-19) pandemic; and
``(B) the modification is approved after notice and a
hearing.
``(2) A plan modified under paragraph (1) may not provide
for payments over a period that expires more than 7 years
after the time that the first payment under the original
confirmed plan was due.
``(3) Sections 1322(a), 1322(b), 1323(c), and the
requirements of section 1325(a) shall apply to any
modification under paragraph (1).''.
(D) Applicability.--
(i) The amendments made by subparagraphs (A) and (B) shall
apply to any case commenced before, on, or after the date of
enactment of this Act.
(ii) The amendment made by subparagraph (C) shall apply to
any case for which a plan has been confirmed under section
1325 of title 11, United States Code, before the date of
enactment of this Act.
(2) Sunset.--
(A) In general.--
(i) Exclusion from current monthly income.--Section
101(10A)(B)(ii) of title 11, United States Code, is amended--
(I) in subclause (III), by striking the semicolon at the
end and inserting ``; and'';
(II) in subclause (IV), by striking ``; and'' and inserting
a period; and
(III) by striking subclause (V).
(ii) Confirmation of plan.--Section 1325(b)(2) of title 11,
United States Code, is amended by striking ``payments made
under Federal law relating to the national emergency declared
by the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the coronavirus disease
2019 (COVID-19),''.
(iii) Modification of plan after confirmation.--Section
1329 of title 11, United States Code, is amended by striking
subsection (d).
(B) Effective date.--The amendments made by subparagraph
(A) shall take effect on the date that is 1 year after the
date of enactment of this Act.
SEC. 1114. EMERGENCY RULEMAKING AUTHORITY.
Not later than 15 days after the date of enactment of this
Act, the Administrator shall issue regulations to carry out
this title and the amendments made by this title without
regard to the notice requirements under section 553(b) of
title 5, United States Code.
TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES
Subtitle A--Unemployment Insurance Provisions
SEC. 2101. SHORT TITLE.
This subtitle may be cited as the ``Relief for Workers
Affected by Coronavirus Act''.
SEC. 2102. PANDEMIC UNEMPLOYMENT ASSISTANCE.
(a) Definitions.--In this section:
(1) COVID-19.--The term ``COVID-19'' means the 2019 Novel
Coronavirus or 2019-nCoV.
(2) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services on
January 27, 2020, with respect to the 2019 Novel Coronavirus.
(3) Covered individual.--The term ``covered individual''--
(A) means an individual who--
(i) is not eligible for regular compensation or extended
benefits under State or Federal law or pandemic emergency
unemployment compensation under section 2107, including an
individual who has exhausted all rights to regular
unemployment or extended benefits under State or Federal law
or pandemic emergency unemployment compensation under section
2107; and
(ii) provides self-certification that the individual--
(I) is otherwise able to work and available for work within
the meaning of applicable State law, except the individual is
unemployed, partially unemployed, or unable or unavailable to
work because--
(aa) the individual has been diagnosed with COVID-19 or is
experiencing symptoms of COVID-19 and seeking a medical
diagnosis;
(bb) a member of the individual's household has been
diagnosed with COVID-19;
(cc) the individual is providing care for a family member
or a member of the individual's household who has been
diagnosed with COVID-19;
(dd) a child or other person in the household for which the
individual has primary caregiving responsibility is unable to
attend school or another facility that is closed as a direct
result of the COVID-19 public health emergency and such
school or facility care is required for the individual to
work;
(ee) the individual is unable to reach the place of
employment because of a quarantine imposed as a direct result
of the COVID-19 public health emergency;
(ff) the individual is unable to reach the place of
employment because the individual has been advised by a
health care provider to self-quarantine due to concerns
related to COVID-19;
(gg) the individual was scheduled to commence employment
and does not have a job or is unable to reach the job as a
direct result of the COVID-19 public health emergency;
(hh) the individual has become the breadwinner or major
support for a household because the head of the household has
died as a direct result of COVID-19;
(ii) the individual has to quit his or her job as a direct
result of COVID-19;
(jj) the individual's place of employment is closed as a
direct result of the COVID-19 public health emergency; or
(kk) the individual meets any additional criteria
established by the Secretary for unemployment assistance
under this section; or
(II) is self-employed, is seeking part-time employment,
does not have sufficient work history, or otherwise would not
qualify for regular unemployment or extended benefits under
State or Federal law or pandemic emergency unemployment
compensation under section 2107 and meets the requirements of
subclause (I); and
(B) does not include--
(i) an individual who has the ability to telework with pay;
or
(ii) an individual who is receiving paid sick leave or
other paid leave benefits, regardless of whether the
individual meets a qualification described in items (aa)
through (kk) of subparagraph (A)(i)(I).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of
Palau.
(b) Assistance for Unemployment as a Result of COVID-19.--
Subject to subsection (c), the Secretary shall provide to any
covered individual unemployment benefit assistance while such
individual is unemployed, partially unemployed, or unable to
work for the weeks of such unemployment with respect to which
the individual is not entitled to any other unemployment
compensation (as that term is defined in section 85(b) of
title 26, United States Code) or waiting period credit.
(c) Applicability.--
(1) In general.--Except as provided in paragraph (2), the
assistance authorized under subsection (b) shall be available
to a covered individual--
(A) for weeks of unemployment, partial unemployment, or
inability to work caused by COVID-19--
(i) beginning on or after January 27, 2020; and
(ii) ending on or before December 31, 2020; and
(B) subject to subparagraph (A)(ii), as long as the covered
individual's unemployment, partial unemployment, or inability
to work caused by COVID-19 continues.
(2) Limitation on duration of assistance.--The total number
of weeks for which a covered individual may receive
assistance under this section shall not exceed 39 weeks and
such total shall include any week for which the covered
individual received regular compensation or extended benefits
under any Federal or State law, except that if after the date
of enactment of this Act, the duration of extended benefits
is extended, the 39-week period described in this paragraph
shall be extended by the number of weeks that is equal to the
number of weeks by which the extended benefits were extended.
[[Page H1741]]
(3) Assistance for unemployment before date of enactment.--
The Secretary shall establish a process for making assistance
under this section available for weeks beginning on or after
January 27, 2020, and before the date of enactment of this
Act.
(d) Amount of Assistance.--
(1) In general.--The assistance authorized under subsection
(b) for a week of unemployment, partial unemployment, or
inability to work shall be--
(A)(i) the weekly benefit amount authorized under the
unemployment compensation law of the State where the covered
individual was employed, except that the amount may not be
less than the minimum weekly benefit amount described in
section 625.6 of title 20, Code of Federal Regulations, or
any successor thereto; and
(ii) the amount of Federal Pandemic Unemployment
Compensation under section 2104; and
(B) in the case of an increase of the weekly benefit amount
after the date of enactment of this Act, increased in an
amount equal to such increase.
(2) Calculations of amounts for certain covered
individuals.--In the case of a covered individual who is
self-employed, who lives in a territory described in
subsection (c) or (d) of section 625.6 of title 20, Code of
Federal Regulations, or who would not otherwise qualify for
unemployment compensation under State law, the assistance
authorized under subsection (b) for a week of unemployment
shall be calculated in accordance with section 625.6 of title
20, Code of Federal Regulations, or any successor thereto,
and shall be increased by the amount of Federal Pandemic
Unemployment Compensation under section 2104.
(3) Allowable methods of payment.--Any assistance provided
for in accordance with paragraph (1)(A)(ii) shall be payable
either--
(A) as an amount which is paid at the same time and in the
same manner as the assistance provided for in paragraph
(1)(A)(i) is payable for the week involved; or
(B) at the option of the State, by payments which are made
separately from, but on the same weekly basis as, any
assistance provided for in paragraph (1)(A)(i).
(e) Waiver of State Requirement.--Notwithstanding State
law, for purposes of assistance authorized under this
section, compensation under this Act shall be made to an
individual otherwise eligible for such compensation without
any waiting period.
(f) Agreements With States.--
(1) In general.--The Secretary shall provide the assistance
authorized under subsection (b) through agreements with
States which, in the judgment of the Secretary, have an
adequate system for administering such assistance through
existing State agencies.
(2) Payments to states.--There shall be paid to each State
which has entered into an agreement under this subsection an
amount equal to 100 percent of--
(A) the total amount of assistance provided by the State
pursuant to such agreement; and
(B) any additional administrative expenses incurred by the
State by reason of such agreement (as determined by the
Secretary), including any administrative expenses necessary
to facilitate processing of applications for assistance under
this section online or by telephone rather than in-person.
(3) Terms of payments.--Sums payable to any State by reason
of such State's having an agreement under this subsection
shall be payable, either in advance or by way of
reimbursement (as determined by the Secretary), in such
amounts as the Secretary estimates the State will be entitled
to receive under this subsection for each calendar month,
reduced or increased, as the case may be, by any amount by
which the Secretary finds that his estimates for any prior
calendar month were greater or less than the amounts which
should have been paid to the State. Such estimates may be
made on the basis of such statistical, sampling, or other
method as may be agreed upon by the Secretary and the State
agency of the State involved.
(g) Funding.--
(1) Assistance.--
(A) In general.--Funds in the extended unemployment
compensation account (as established by section 905(a) of the
Social Security Act (42 U.S.C. 1105(a)) of the Unemployment
Trust Fund (as established by section 904(a) of such Act (42
U.S.C. 1104(a)) shall be used to make payments to States
pursuant to subsection (f)(2)(A).
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the extended unemployment compensation
account such sums as the Secretary of Labor estimates to be
necessary to make payments described in subparagraph (A).
There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in the
preceding sentence and such sums shall not be required to be
repaid.
(2) Administrative expenses.--
(A) In general.--Funds in the employment security
administration account (as established by section 901(a) of
the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section 904(a) of
such Act (42 U.S.C. 1104(a)) shall be used to make payments
to States pursuant to subsection (f)(2)(B).
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the employment security administration
account such sums as the Secretary of Labor estimates to be
necessary to make payments described in subparagraph (A).
There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in the
preceding sentence and such sums shall not be required to be
repaid.
(3) Certifications.--The Secretary of Labor shall from time
to time certify to the Secretary of the Treasury for payment
to each State the sums payable to such State under paragraphs
(1) and (2).
(h) Relationship Between Pandemic Unemployment Assistance
and Disaster Unemployment Assistance.--Except as otherwise
provided in this section or to the extent there is a conflict
between this section and section 625 of title 20, Code of
Federal Regulations, such section 625 shall apply to this
section as if--
(1) the term ``COVID-19 public health emergency'' were
substituted for the term ``major disaster'' each place it
appears in such section 625; and
(2) the term ``pandemic'' were substituted for the term
``disaster'' each place it appears in such section 625.
SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF FOR GOVERNMENTAL
ENTITIES AND NONPROFIT ORGANIZATIONS.
(a) Flexibility in Paying Reimbursement.--The Secretary of
Labor may issue clarifying guidance to allow States to
interpret their State unemployment compensation laws in a
manner that would provide maximum flexibility to reimbursing
employers as it relates to timely payment and assessment of
penalties and interest pursuant to such State laws.
(b) Federal Funding.--Section 903 of the Social Security
Act (42 U.S.C. 1103) is amended by adding at the end the
following:
``Transfers for Federal Reimbursement of State Unemployment Funds
``(i)(1)(A) In addition to any other amounts, the Secretary
of Labor shall provide for the transfer of funds during the
applicable period to the accounts of the States in the
Unemployment Trust Fund, by transfer from amounts reserved
for that purpose in the Federal unemployment account, in
accordance with the succeeding provisions of this subsection.
``(B) The amount of funds transferred to the account of a
State under subparagraph (A) during the applicable period
shall, as determined by the Secretary of Labor, be equal to
one-half of the amounts of compensation (as defined in
section 3306(h) of the Internal Revenue Code of 1986)
attributable under the State law to service to which section
3309(a)(1) of such Code applies that were paid by the State
for weeks of unemployment beginning and ending during such
period. Such transfers shall be made at such times as the
Secretary of Labor considers appropriate.
``(C) Notwithstanding any other law, funds transferred to
the account of a State under subparagraph (A) shall be used
exclusively to reimburse governmental entities and other
organizations described in section 3309(a)(2) of such Code
for amounts paid (in lieu of contributions) into the State
unemployment fund pursuant to such section.
``(D) For purposes of this paragraph, the term `applicable
period' means the period beginning on March 13, 2020, and
ending on December 31, 2020.
``(2)(A) Notwithstanding any other provision of law, the
Secretary of the Treasury shall transfer from the general
fund of the Treasury (from funds not otherwise appropriated)
to the Federal unemployment account such sums as the
Secretary of Labor estimates to be necessary for purposes of
making the transfers described in paragraph (1).
``(B) There are appropriated from the general fund of the
Treasury, without fiscal year limitation, the sums referred
to in subparagraph (A) and such sums shall not be required to
be repaid.''.
SEC. 2104. EMERGENCY INCREASE IN UNEMPLOYMENT COMPENSATION
BENEFITS.
(a) Federal-State Agreements.--Any State which desires to
do so may enter into and participate in an agreement under
this section with the Secretary of Labor (in this section
referred to as the ``Secretary''). Any State which is a party
to an agreement under this section may, upon providing 30
days' written notice to the Secretary, terminate such
agreement.
(b) Provisions of Agreement.--
(1) Federal pandemic unemployment compensation.--Any
agreement under this section shall provide that the State
agency of the State will make payments of regular
compensation to individuals in amounts and to the extent that
they would be determined if the State law of the State were
applied, with respect to any week for which the individual is
(disregarding this section) otherwise entitled under the
State law to receive regular compensation, as if such State
law had been modified in a manner such that the amount of
regular compensation (including dependents' allowances)
payable for any week shall be equal to--
(A) the amount determined under the State law (before the
application of this paragraph), plus
(B) an additional amount of $600 (in this section referred
to as ``Federal Pandemic Unemployment Compensation'').
(2) Allowable methods of payment.--Any Federal Pandemic
Unemployment Compensation provided for in accordance with
paragraph (1) shall be payable either--
(A) as an amount which is paid at the same time and in the
same manner as any regular compensation otherwise payable for
the week involved; or
(B) at the option of the State, by payments which are made
separately from, but on the same weekly basis as, any regular
compensation otherwise payable.
(c) Nonreduction Rule.--
(1) In general.--An agreement under this section shall not
apply (or shall cease to apply) with respect to a State upon
a determination by the Secretary that the method governing
the computation of regular compensation under the
[[Page H1742]]
State law of that State has been modified in a manner such
that the number of weeks (the maximum benefit entitlement),
or the average weekly benefit amount, of regular compensation
which will be payable during the period of the agreement
(determined disregarding any Federal Pandemic Unemployment
Compensation) will be less than the number of weeks, or the
average weekly benefit amount, of the average weekly benefit
amount of regular compensation which would otherwise have
been payable during such period under the State law, as in
effect on January 1, 2020.
(2) Maximum benefit entitlement.--In paragraph (1), the
term ``maximum benefit entitlement'' means the amount of
regular unemployment compensation payable to an individual
with respect to the individual's benefit year.
(d) Payments to States.--
(1) In general.--
(A) Full reimbursement.--There shall be paid to each State
which has entered into an agreement under this section an
amount equal to 100 percent of--
(i) the total amount of Federal Pandemic Unemployment
Compensation paid to individuals by the State pursuant to
such agreement; and
(ii) any additional administrative expenses incurred by the
State by reason of such agreement (as determined by the
Secretary).
(B) Terms of payments.--Sums payable to any State by reason
of such State's having an agreement under this section shall
be payable, either in advance or by way of reimbursement (as
determined by the Secretary), in such amounts as the
Secretary estimates the State will be entitled to receive
under this section for each calendar month, reduced or
increased, as the case may be, by any amount by which the
Secretary finds that his estimates for any prior calendar
month were greater or less than the amounts which should have
been paid to the State. Such estimates may be made on the
basis of such statistical, sampling, or other method as may
be agreed upon by the Secretary and the State agency of the
State involved.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(3) Appropriation.--There are appropriated from the general
fund of the Treasury, without fiscal year limitation, such
sums as may be necessary for purposes of this subsection.
(e) Applicability.--An agreement entered into under this
section shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before July 31, 2020.
(f) Fraud and Overpayments.--
(1) In general.--If an individual knowingly has made, or
caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed,
or caused another to fail, to disclose a material fact, and
as a result of such false statement or representation or of
such nondisclosure such individual has received an amount of
Federal Pandemic Unemployment Compensation to which such
individual was not entitled, such individual--
(A) shall be ineligible for further Federal Pandemic
Unemployment Compensation in accordance with the provisions
of the applicable State unemployment compensation law
relating to fraud in connection with a claim for unemployment
compensation; and
(B) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(2) Repayment.--In the case of individuals who have
received amounts of Federal Pandemic Unemployment
Compensation to which they were not entitled, the State shall
require such individuals to repay the amounts of such Federal
Pandemic Unemployment Compensation to the State agency,
except that the State agency may waive such repayment if it
determines that--
(A) the payment of such Federal Pandemic Unemployment
Compensation was without fault on the part of any such
individual; and
(B) such repayment would be contrary to equity and good
conscience.
(3) Recovery by state agency.--
(A) In general.--The State agency shall recover the amount
to be repaid, or any part thereof, by deductions from any
Federal Pandemic Unemployment Compensation payable to such
individual or from any unemployment compensation payable to
such individual under any State or Federal unemployment
compensation law administered by the State agency or under
any other State or Federal law administered by the State
agency which provides for the payment of any assistance or
allowance with respect to any week of unemployment, during
the 3-year period after the date such individuals received
the payment of the Federal Pandemic Unemployment Compensation
to which they were not entitled, in accordance with the same
procedures as apply to the recovery of overpayments of
regular unemployment benefits paid by the State.
(B) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
(4) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to
the same extent as determinations under the State
unemployment compensation law, and only in that manner and to
that extent.
(g) Application to Other Unemployment Benefits.--Each
agreement under this section shall include provisions to
provide that the purposes of the preceding provisions of this
section shall be applied with respect to unemployment
benefits described in subsection (i)(2) to the same extent
and in the same manner as if those benefits were regular
compensation.
(h) Disregard of Additional Compensation for Purposes of
Medicaid and CHIP.--The monthly equivalent of any Federal
pandemic unemployment compensation paid to an individual
under this section shall be disregarded when determining
income for any purpose under the programs established under
titles XIX and title XXI of the Social Security Act (42
U.S.C. 1396 et seq., 1397aa et seq.) .
(i) Definitions.--For purposes of this section--
(1) the terms ``compensation'', ``regular compensation'',
``benefit year'', ``State'', ``State agency'', ``State law'',
and ``week'' have the respective meanings given such terms
under section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note); and
(2) any reference to unemployment benefits described in
this paragraph shall be considered to refer to--
(A) extended compensation (as defined by section 205 of the
Federal-State Extended Unemployment Compensation Act of
1970);
(B) regular compensation (as defined by section 85(b) of
the Internal Revenue Code of 1986) provided under any program
administered by a State under an agreement with the
Secretary;
(C) pandemic unemployment assistance under section 2102;
and
(D) pandemic emergency unemployment compensation under
section 2107.
SEC. 2105. TEMPORARY FULL FEDERAL FUNDING OF THE FIRST WEEK
OF COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES
WITH NO WAITING WEEK.
(a) Federal-State Agreements.--Any State which desires to
do so may enter into and participate in an agreement under
this section with the Secretary of Labor (in this section
referred to as the ``Secretary''). Any State which is a party
to an agreement under this section may, upon providing 30
days' written notice to the Secretary, terminate such
agreement.
(b) Requirement That State Law Does Not Apply a Waiting
Week.--A State is eligible to enter into an agreement under
this section if the State law (including a waiver of State
law) provides that compensation is paid to individuals for
their first week of regular unemployment without a waiting
week. An agreement under this section shall not apply (or
shall cease to apply) with respect to a State upon a
determination by the Secretary that the State law no longer
meets the requirement under the preceding sentence.
(c) Payments to States.--
(1) Full reimbursement.--There shall be paid to each State
which has entered into an agreement under this section an
amount equal to 100 percent of--
(A) the total amount of regular compensation paid to
individuals by the State for their first week of regular
unemployment; and
(B) any additional administrative expenses incurred by the
State by reason of such agreement (as determined by the
Secretary).
(2) Terms of payments.--Sums payable to any State by reason
of such State's having an agreement under this section shall
be payable, either in advance or by way of reimbursement (as
determined by the Secretary), in such amounts as the
Secretary estimates the State will be entitled to receive
under this section for each calendar month, reduced or
increased, as the case may be, by any amount by which the
Secretary finds that his estimates for any prior calendar
month were greater or less than the amounts which should have
been paid to the State. Such estimates may be made on the
basis of such statistical, sampling, or other method as may
be agreed upon by the Secretary and the State agency of the
State involved.
(d) Funding.--
(1) Compensation.--
(A) In general.--Funds in the Federal unemployment account
(as established by section 905(g)) of the Unemployment Trust
Fund (as established by section 904(a)) shall be used to make
payments under subsection (c)(1)(A).
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the Federal unemployment account such sums
as the Secretary of Labor estimates to be necessary to make
payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, the sums referred to in the preceding
sentence and such sums shall not be required to be repaid.
(2) Administrative expenses.--
(A) In general.--Funds in the employment security
administration account (as established by section 901(a) of
the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section 904(a) of
such Act (42 U.S.C. 1104(a)) shall be used to make payments
to States pursuant to subsection (c)(1)(B).
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the employment security administration
account such sums as the Secretary of Labor estimates to be
necessary to make payments described in subparagraph (A).
There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in the
preceding sentence and such sums shall not be required to be
repaid.
(3) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(e) Applicability.--An agreement entered into under this
section shall apply to weeks of unemployment--
[[Page H1743]]
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before December 31, 2020.
(f) Fraud and Overpayments.--The provisions of section
2107(e) shall apply with respect to compensation paid under
an agreement under this section to the same extent and in the
same manner as in the case of pandemic emergency unemployment
compensation under such section.
(g) Definitions.--For purposes of this section, the terms
``regular compensation'', ``State'', ``State agency'',
``State law'', and ``week'' have the respective meanings
given such terms under section 205 of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note).
SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY.
Section 4102(b) of the Emergency Unemployment Stabilization
and Access Act of 2020 (contained in division D of the
Families First Coronavirus Response Act) is amended--
(1) by striking ``or employer experience rating'' and
inserting ``employer experience rating, or, subject to the
succeeding sentence, personnel standards on a merit basis'';
and
(2) by adding at the end the following new sentence: ``The
emergency flexibility for personnel standards on a merit
basis shall only apply through December 31, 2020, and is
limited to engaging of temporary staff, rehiring of retirees
or former employees on a non-competitive basis, and other
temporary actions to quickly process applications and
claims.''.
SEC. 2107. PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) Federal-State Agreements.--
(1) In general.--Any State which desires to do so may enter
into and participate in an agreement under this section with
the Secretary of Labor (in this section referred to as the
``Secretary''). Any State which is a party to an agreement
under this section may, upon providing 30 days' written
notice to the Secretary, terminate such agreement.
(2) Provisions of agreement.--Any agreement under paragraph
(1) shall provide that the State agency of the State will
make payments of pandemic emergency unemployment compensation
to individuals who--
(A) have exhausted all rights to regular compensation under
the State law or under Federal law with respect to a benefit
year (excluding any benefit year that ended before July1,
2019);
(B) have no rights to regular compensation with respect to
a week under such law or any other State unemployment
compensation law or to compensation under any other Federal
law;
(C) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada; and
(D) are able to work, available to work, and actively
seeking work.
(3) Exhaustion of benefits.--For purposes of paragraph
(2)(A), an individual shall be deemed to have exhausted such
individual's rights to regular compensation under a State law
when--
(A) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(B) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year
with respect to which such rights existed.
(4) Weekly benefit amount, etc.--For purposes of any
agreement under this section--
(A) the amount of pandemic emergency unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to--
(i) the amount of the regular compensation (including
dependents' allowances) payable to such individual during
such individual's benefit year under the State law for a week
of total unemployment; and
(ii) the amount of Federal Pandemic Unemployment
Compensation under section 2104;
(B) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
(including terms and conditions relating to availability for
work, active search for work, and refusal to accept work)
shall apply to claims for pandemic emergency unemployment
compensation and the payment thereof, except where otherwise
inconsistent with the provisions of this section or with the
regulations or operating instructions of the Secretary
promulgated to carry out this section;
(C) the maximum amount of pandemic emergency unemployment
compensation payable to any individual for whom an pandemic
emergency unemployment compensation account is established
under subsection (b) shall not exceed the amount established
in such account for such individual; and
(D) the allowable methods of payment under section
2104(b)(2) shall apply to payments of amounts described in
subparagraph (A)(ii).
(5) Coordination rule.--An agreement under this section
shall apply with respect to a State only upon a determination
by the Secretary that, under the State law or other
applicable rules of such State, the payment of extended
compensation for which an individual is otherwise eligible
must be deferred until after the payment of any pandemic
emergency unemployment compensation under subsection (b) for
which the individual is concurrently eligible.
(6) Nonreduction rule.--
(A) In general.--An agreement under this section shall not
apply (or shall cease to apply) with respect to a State upon
a determination by the Secretary that the method governing
the computation of regular compensation under the State law
of that State has been modified in a manner such that the
number of weeks (the maximum benefit entitlement), or the
average weekly benefit amount, of regular compensation which
will be payable during the period of the agreement will be
less than the number of weeks, or the average weekly benefit
amount, of the average weekly benefit amount of regular
compensation which would otherwise have been payable during
such period under the State law, as in effect on January 1,
2020.
(B) Maximum benefit entitlement.--In subparagraph (A), the
term ``maximum benefit entitlement'' means the amount of
regular unemployment compensation payable to an individual
with respect to the individual's benefit year.
(7) Actively seeking work.--
(A) In general.--Subject to subparagraph (C), for purposes
of paragraph (2)(D), the term ``actively seeking work''
means, with respect to any individual, that such individual--
(i) is registered for employment services in such a manner
and to such extent as prescribed by the State agency;
(ii) has engaged in an active search for employment that is
appropriate in light of the employment available in the labor
market, the individual's skills and capabilities, and
includes a number of employer contacts that is consistent
with the standards communicated to the individual by the
State;
(iii) has maintained a record of such work search,
including employers contacted, method of contact, and date
contacted; and
(iv) when requested, has provided such work search record
to the State agency.
(B) Flexibility.--Notwithstanding the requirements under
subparagraph (A) and paragraph (2)(D), a State shall provide
flexibility in meeting such requirements in case of
individuals unable to search for work because of COVID-19,
including because of illness, quarantine, or movement
restriction.
(b) Pandemic Emergency Unemployment Compensation Account.--
(1) In general.--Any agreement under this section shall
provide that the State will establish, for each eligible
individual who files an application for pandemic emergency
unemployment compensation, an pandemic emergency unemployment
compensation account with respect to such individual's
benefit year.
(2) Amount in account.--The amount established in an
account under subsection (a) shall be equal to 13 times the
individual's average weekly benefit amount, which includes
the amount of Federal Pandemic Unemployment Compensation
under section 2104, for the benefit year.
(3) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any
week is the amount of regular compensation (including
dependents' allowances) under the State law payable to such
individual for such week for total unemployment plus the
amount of Federal Pandemic Unemployment Compensation under
section 2104.
(c) Payments to States Having Agreements for the Payment of
Pandemic Emergency Unemployment Compensation.--
(1) In general.--There shall be paid to each State that has
entered into an agreement under this section an amount equal
to 100 percent of the pandemic emergency unemployment
compensation paid to individuals by the State pursuant to
such agreement.
(2) Treatment of reimbursable compensation.--No payment
shall be made to any State under this section in respect of
any compensation to the extent the State is entitled to
reimbursement in respect of such compensation under the
provisions of any Federal law other than this section or
chapter 85 of title 5, United States Code. A State shall not
be entitled to any reimbursement under such chapter 85 in
respect of any compensation to the extent the State is
entitled to reimbursement under this section in respect of
such compensation.
(3) Determination of amount.--Sums payable to any State by
reason of such State having an agreement under this section
shall be payable, either in advance or by way of
reimbursement (as may be determined by the Secretary), in
such amounts as the Secretary estimates the State will be
entitled to receive under this section for each calendar
month, reduced or increased, as the case may be, by any
amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State.
Such estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
(d) Financing Provisions.--
(1) Compensation.--
(A) In general.--Funds in the extended unemployment
compensation account (as established by section 905(a) of the
Social Security Act (42 U.S.C. 1105(a)) of the Unemployment
Trust Fund (as established by section 904(a) of such Act (42
U.S.C. 1104(a)) shall be used for the making of payments to
States having agreements entered into under this section.
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the extended unemployment compensation
account such sums as the Secretary of Labor estimates to be
necessary to make payments described in subparagraph (A).
There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in the
preceding sentence and such sums shall not be required to be
repaid.
(2) Administration.--
(A) In general.--There are appropriated out of the
employment security administration account (as established by
section 901(a) of the Social Security Act (42 U.S.C. 1101(a))
of the Unemployment Trust Fund, without fiscal year
[[Page H1744]]
limitation, such funds as may be necessary for purposes of
assisting States (as provided in title III of the Social
Security Act (42 U.S.C. 501 et seq.)) in meeting the costs of
administration of agreements under this section.
(B) Transfer of funds.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer from the
general fund of the Treasury (from funds not otherwise
appropriated) to the employment security administration
account such sums as the Secretary of Labor estimates to be
necessary to make payments described in subparagraph (A).
There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in the
preceding sentence and such sums shall not be required to be
repaid.
(3) Certification.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this subsection.
The Secretary of the Treasury, prior to audit or settlement
by the Government Accountability Office, shall make payments
to the State in accordance with such certification, by
transfers from the extended unemployment compensation account
(as so established) to the account of such State in the
Unemployment Trust Fund (as so established).
(e) Fraud and Overpayments.--
(1) In general.--If an individual knowingly has made, or
caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed,
or caused another to fail, to disclose a material fact, and
as a result of such false statement or representation or of
such nondisclosure such individual has received an amount of
pandemic emergency unemployment compensation under this
section to which such individual was not entitled, such
individual--
(A) shall be ineligible for further pandemic emergency
unemployment compensation under this section in accordance
with the provisions of the applicable State unemployment
compensation law relating to fraud in connection with a claim
for unemployment compensation; and
(B) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(2) Repayment.--In the case of individuals who have
received amounts of pandemic emergency unemployment
compensation under this section to which they were not
entitled, the State shall require such individuals to repay
the amounts of such pandemic emergency unemployment
compensation to the State agency, except that the State
agency may waive such repayment if it determines that--
(A) the payment of such pandemic emergency unemployment
compensation was without fault on the part of any such
individual; and
(B) such repayment would be contrary to equity and good
conscience.
(3) Recovery by state agency.--
(A) In general.--The State agency shall recover the amount
to be repaid, or any part thereof, by deductions from any
pandemic emergency unemployment compensation payable to such
individual under this section or from any unemployment
compensation payable to such individual under any State or
Federal unemployment compensation law administered by the
State agency or under any other State or Federal law
administered by the State agency which provides for the
payment of any assistance or allowance with respect to any
week of unemployment, during the 3-year period after the date
such individuals received the payment of the pandemic
emergency unemployment compensation to which they were not
entitled, in accordance with the same procedures as apply to
the recovery of overpayments of regular unemployment benefits
paid by the State.
(B) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
(4) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to
the same extent as determinations under the State
unemployment compensation law, and only in that manner and to
that extent.
(f) Definitions.--In this section, the terms
``compensation'', ``regular compensation'', ``extended
compensation'', ``benefit year'', ``base period'', ``State'',
``State agency'', ``State law'', and ``week'' have the
respective meanings given such terms under section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
(g) Applicability.--An agreement entered into under this
section shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before December 31, 2020.
SEC. 2108. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
PAYMENTS IN STATES WITH PROGRAMS IN LAW.
(a) Payments to States.--
(1) In general.--Subject to paragraph (3), there shall be
paid to a State an amount equal to 100 percent of the amount
of short-time compensation paid under a short-time
compensation program (as defined in section 3306(v) of the
Internal Revenue Code of 1986) under the provisions of the
State law.
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in
such amounts as the Secretary estimates the State will be
entitled to receive under this section for each calendar
month, reduced or increased, as the case may be, by any
amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State.
Such estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
(3) Limitations on payments.--
(A) General payment limitations.--No payments shall be made
to a State under this section for short-time compensation
paid to an individual by the State during a benefit year in
excess of 26 times the amount of regular compensation
(including dependents' allowances) under the State law
payable to such individual for a week of total unemployment.
(B) Employer limitations.--No payments shall be made to a
State under this section for benefits paid to an individual
by the State under a short-time compensation program if such
individual is employed by the participating employer on a
seasonal, temporary, or intermittent basis.
(b) Applicability.--Payments to a State under subsection
(a) shall be available for weeks of unemployment--
(1) beginning on or after the date of the enactment of this
Act; and
(2) ending on or before December 31, 2020.
(c) New Programs.--Subject to subsection (b)(2), if at any
point after the date of the enactment of this Act the State
enacts a State law providing for the payment of short-time
compensation under a short-time compensation program that
meets the definition of such a program under section 3306(v)
of the Internal Revenue Code of 1986, the State shall be
eligible for payments under this section after the effective
date of such enactment.
(d) Funding and Certifications.--
(1) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(e) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
(f) Technical Correction to Definition.--Section 3306(v)(6)
of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is
amended by striking ``Workforce Investment Act of 1998'' and
inserting ``Workforce Innovation and Opportunity Act''.
SEC. 2109. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
AGREEMENTS.
(a) Federal-State Agreements.--
(1) In general.--Any State which desires to do so may enter
into, and participate in, an agreement under this section
with the Secretary provided that such State's law does not
provide for the payment of short-time compensation under a
short-time compensation program (as defined in section
3306(v) of the Internal Revenue Code of 1986).
(2) Ability to terminate.--Any State which is a party to an
agreement under this section may, upon providing 30 days'
written notice to the Secretary, terminate such agreement.
(b) Provisions of Federal-State Agreement.--
(1) In general.--Any agreement under this section shall
provide that the State agency of the State will make payments
of short-time compensation under a plan approved by the
State. Such plan shall provide that payments are made in
accordance with the requirements under section 3306(v) of the
Internal Revenue Code of 1986.
(2) Limitations on plans.--
(A) General payment limitations.--A short-time compensation
plan approved by a State shall not permit the payment of
short-time compensation to an individual by the State during
a benefit year in excess of 26 times the amount of regular
compensation (including dependents' allowances) under the
State law payable to such individual for a week of total
unemployment.
(B) Employer limitations.--A short-time compensation plan
approved by a State shall not provide payments to an
individual if such individual is employed by the
participating employer on a seasonal, temporary, or
intermittent basis.
(3) Employer payment of costs.--Any short-time compensation
plan entered into by an employer must provide that the
employer will pay the State an amount equal to one-half of
the amount of short-time compensation paid under such plan.
Such amount shall be deposited in the State's unemployment
fund and shall not be used for purposes of calculating an
employer's contribution rate under section 3303(a)(1) of the
Internal Revenue Code of 1986.
(c) Payments to States.--
(1) In general.--There shall be paid to each State with an
agreement under this section an amount equal to--
(A) one-half of the amount of short-time compensation paid
to individuals by the State pursuant to such agreement; and
(B) any additional administrative expenses incurred by the
State by reason of such agreement (as determined by the
Secretary).
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in
such amounts as the Secretary estimates the State will be
entitled to receive under this section for each calendar
month, reduced or increased, as the case may be, by any
amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State.
Such estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
[[Page H1745]]
(3) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(4) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(d) Applicability.--An agreement entered into under this
section shall apply to weeks of unemployment--
(1) beginning on or after the date on which such agreement
is entered into; and
(2) ending on or before December 31, 2020.
(e) Special Rule.--If a State has entered into an agreement
under this section and subsequently enacts a State law
providing for the payment of short-time compensation under a
short-time compensation program that meets the definition of
such a program under section 3306(v) of the Internal Revenue
Code of 1986, the State--
(1) shall not be eligible for payments under this section
for weeks of unemployment beginning after the effective date
of such State law; and
(2) subject to section 2108(b)(2), shall be eligible to
receive payments under section 2108 after the effective date
of such State law.
(f) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2110. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS.
(a) Grants.--
(1) For implementation or improved administration.--The
Secretary shall award grants to States that enact short-time
compensation programs (as defined in subsection (i)(2)) for
the purpose of implementation or improved administration of
such programs.
(2) For promotion and enrollment.--The Secretary shall
award grants to States that are eligible and submit plans for
a grant under paragraph (1) for such States to promote and
enroll employers in short-time compensation programs (as so
defined).
(3) Eligibility.--
(A) In general.--The Secretary shall determine eligibility
criteria for the grants under paragraphs (1) and (2).
(B) Clarification.--A State administering a short-time
compensation program that does not meet the definition of a
short-time compensation program under section 3306(v) of the
Internal Revenue Code of 1986, and a State with an agreement
under section 2109, shall not be eligible to receive a grant
under this section until such time as the State law of the
State provides for payments under a short-time compensation
program that meets such definition and such law.
(b) Amount of Grants.--
(1) In general.--The maximum amount available for making
grants to a State under paragraphs (1) and (2) shall be equal
to the amount obtained by multiplying $100,000,000 (less the
amount used by the Secretary under subsection (e)) by the
same ratio as would apply under subsection (a)(2)(B) of
section 903 of the Social Security Act (42 U.S.C. 1103) for
purposes of determining such State's share of any excess
amount (as described in subsection (a)(1) of such section)
that would have been subject to transfer to State accounts,
as of October 1, 2019, under the provisions of subsection (a)
of such section.
(2) Amount available for different grants.--Of the maximum
incentive payment determined under paragraph (1) with respect
to a State--
(A) one-third shall be available for a grant under
subsection (a)(1); and
(B) two-thirds shall be available for a grant under
subsection (a)(2).
(c) Grant Application and Disbursal.--
(1) Application.--Any State seeking a grant under paragraph
(1) or (2) of subsection (a) shall submit an application to
the Secretary at such time, in such manner, and complete with
such information as the Secretary may require. In no case may
the Secretary award a grant under this section with respect
to an application that is submitted after December 31, 2023.
(2) Notice.--The Secretary shall, within 30 days after
receiving a complete application, notify the State agency of
the State of the Secretary's findings with respect to the
requirements for a grant under paragraph (1) or (2) (or both)
of subsection (a).
(3) Certification.--If the Secretary finds that the State
law provisions meet the requirements for a grant under
subsection (a), the Secretary shall thereupon make a
certification to that effect to the Secretary of the
Treasury, together with a certification as to the amount of
the grant payment to be transferred to the State account in
the Unemployment Trust Fund (as established in section 904(a)
of the Social Security Act (42 U.S.C. 1104(a))) pursuant to
that finding. The Secretary of the Treasury shall make the
appropriate transfer to the State account within 7 days after
receiving such certification.
(4) Requirement.--No certification of compliance with the
requirements for a grant under paragraph (1) or (2) of
subsection (a) may be made with respect to any State whose--
(A) State law is not otherwise eligible for certification
under section 303 of the Social Security Act (42 U.S.C. 503)
or approvable under section 3304 of the Internal Revenue Code
of 1986; or
(B) short-time compensation program is subject to
discontinuation or is not scheduled to take effect within 12
months of the certification.
(d) Use of Funds.--The amount of any grant awarded under
this section shall be used for the implementation of short-
time compensation programs and the overall administration of
such programs and the promotion and enrollment efforts
associated with such programs, such as through--
(1) the creation or support of rapid response teams to
advise employers about alternatives to layoffs;
(2) the provision of education or assistance to employers
to enable them to assess the feasibility of participating in
short-time compensation programs; and
(3) the development or enhancement of systems to automate--
(A) the submission and approval of plans; and
(B) the filing and approval of new and ongoing short-time
compensation claims.
(e) Administration.--The Secretary is authorized to use
0.25 percent of the funds available under subsection (g) to
provide for outreach and to share best practices with respect
to this section and short-time compensation programs.
(f) Recoupment.--The Secretary shall establish a process
under which the Secretary shall recoup the amount of any
grant awarded under paragraph (1) or (2) of subsection (a) if
the Secretary determines that, during the 5-year period
beginning on the first date that any such grant is awarded to
the State, the State--
(1) terminated the State's short-time compensation program;
or
(2) failed to meet appropriate requirements with respect to
such program (as established by the Secretary).
(g) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, to the Secretary,
$100,000,000 to carry out this section, to remain available
without fiscal year limitation.
(h) Reporting.--The Secretary may establish reporting
requirements for States receiving a grant under this section
in order to provide oversight of grant funds.
(i) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) Short-time compensation program.--The term ``short-time
compensation program'' has the meaning given such term in
section 3306(v) of the Internal Revenue Code of 1986.
(3) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS.
(a) In General.--In order to assist States in establishing,
qualifying, and implementing short-time compensation programs
(as defined in section 3306(v) of the Internal Revenue Code
of 1986), the Secretary of Labor (in this section referred to
as the ``Secretary'') shall--
(1) develop model legislative language, or disseminate
existing model legislative language, which may be used by
States in developing and enacting such programs, and
periodically review and revise such model legislative
language;
(2) provide technical assistance and guidance in
developing, enacting, and implementing such programs; and
(3) establish reporting requirements for States, including
reporting on--
(A) the number of estimated averted layoffs;
(B) the number of participating employers and workers; and
(C) such other items as the Secretary of Labor determines
are appropriate.
(b) Model Language and Guidance.--The model language and
guidance developed under subsection (a) shall allow
sufficient flexibility by States and participating employers
while ensuring accountability and program integrity.
(c) Consultation.--In developing the model legislative
language and guidance under subsection (a), and in order to
meet the requirements of subsection (b), the Secretary shall
consult with employers, labor organizations, State workforce
agencies, and other program experts. Existing model
legislative language that has been developed through such a
consultative process shall be deemed to meet the consultation
requirement of this subsection.
(d) Repeal.--Section 4104 of the Emergency Unemployment
Stabilization and Access Act of 2020 (contained in division D
of the Families First Coronavirus Response Act) is repealed.
SEC. 2112. WAIVER OF THE 7-DAY WAITING PERIOD FOR BENEFITS
UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
(a) No Waiting Week.--With respect to any registration
period beginning after the date of enactment of this Act and
ending on or before December 31, 2020, subparagraphs (A)(ii)
and (B)(ii) of section 2(a)(1) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(a)(1)) shall not apply.
(b) Operating Instructions and Regulations.--The Railroad
Retirement Board may prescribe any operating instructions or
regulations necessary to carry out this section.
(c) Funding.--Out of any funds in the Treasury not
otherwise appropriated, there are appropriated $50,000,000 to
cover the costs of additional benefits payable due to the
application of subsection (a). Upon the exhaustion of the
funds appropriated under this subsection, subsection (a)
shall no longer apply with respect to any registration period
beginning after the date of exhaustion of funds.
(d) Definition of Registration Period.--For purposes of
this section, the term ``registration period'' has the
meaning given such term under section 1 of the Railroad
Unemployment Insurance Act (45 U.S.C. 351).
SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT.
Section 2(a) of the Railroad Unemployment Insurance Act (45
U.S.C. Sec. 352(a)) is amended by adding at the end the
following:
[[Page H1746]]
``(5)(A) Notwithstanding paragraph (3), subsection
(c)(1)(B), and any other limitation on total benefits in this
Act, for registration periods beginning on or after April 1,
2020, but on or before July 31, 2020, a recovery benefit in
the amount of $1,200 shall be payable to a qualified employee
with respect to any registration period in which the employee
received unemployment benefits under paragraph (1)(A), and in
any registration period in which the employee did not receive
unemployment benefits due to the limitation in subsection
(c)(1)(B) or due to reaching the maximum number of days of
benefits in the benefit year beginning July 1, 2019, under
subsection (c)(1)(A). No recovery benefits shall be payable
under this section upon the exhaustion of the funds
appropriated under subparagraph (B) for payment of benefits
under this subparagraph.
``(B) Out of any funds in the Treasury not otherwise
appropriated, there are appropriated $425,000,000 to cover
the cost of recovery benefits provided under subparagraph
(A), to remain available until expended.''.
SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is
amended--
(1) by striking ``July 1, 2008'' and inserting ``July 1,
2019'';
(2) by striking ``June 30, 2013'' and inserting ``June 30,
2020''; and
(3) by striking ``December 31, 2013'' and inserting
``December 31, 2020''.
(b) Clarification on Authority To Use Funds.--Funds
appropriated under either the first or second sentence of
clause (iv) of section 2(c)(2)(D) of the Railroad
Unemployment Insurance Act shall be available to cover the
cost of additional extended unemployment benefits provided
under such section 2(c)(2)(D) by reason of the amendments
made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D) as in effect
on the day before the date of enactment of this Act.
SEC. 2115. FUNDING FOR THE DOL OFFICE OF INSPECTOR GENERAL
FOR OVERSIGHT OF UNEMPLOYMENT PROVISIONS.
There are appropriated, out of moneys in the Treasury not
otherwise appropriated, to the Office of the Inspector
General of the Department of Labor, $25,000,000 to carry out
audits, investigations, and other oversight activities
authorized under the Inspector General Act of 1978 (5 U.S.C.
App.) that are related to the provisions of, and amendments
made by, this subtitle, to remain available without fiscal
year limitation.
SEC. 2116. IMPLEMENTATION.
(a) Non-application of the Paperwork Reduction Act.--
Chapter 35 of title 44, United States Code (commonly referred
to as the ``Paperwork Reduction Act of 1995''), shall not
apply to the provisions of, and the amendments made by, this
subtitle.
(b) Operating Instructions or Other Guidance.--
Notwithstanding any other provision of law, the Secretary of
Labor may issue any operating instructions or other guidance
necessary to carry out the provisions of, or the amendments
made by, this subtitle.
Subtitle B--Rebates and Other Individual Provisions
SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS.
(a) In General.--Subchapter B of chapter 65 of subtitle F
of the Internal Revenue Code of 1986 is amended by inserting
after section 6427 the following new section:
``SEC. 6428. 2020 RECOVERY REBATES FOR INDIVIDUALS.
``(a) In General.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by
subtitle A for the first taxable year beginning in 2020 an
amount equal to the sum of--
``(1) $1,200 ($2,400 in the case of eligible individuals
filing a joint return), plus
``(2) an amount equal to the product of $500 multiplied by
the number of qualifying children (within the meaning of
section 24(c)) of the taxpayer.
``(b) Treatment of Credit.--The credit allowed by
subsection (a) shall be treated as allowed by subpart C of
part IV of subchapter A of chapter 1.
``(c) Limitation Based on Adjusted Gross Income.--The
amount of the credit allowed by subsection (a) (determined
without regard to this subsection and subsection (e)) shall
be reduced (but not below zero) by 5 percent of so much of
the taxpayer's adjusted gross income as exceeds--
``(1) $150,000 in the case of a joint return,
``(2) $112,500 in the case of a head of household, and
``(3) $75,000 in the case of a taxpayer not described in
paragraph (1) or (2).
``(d) Eligible Individual.--For purposes of this section,
the term `eligible individual' means any individual other
than--
``(1) any nonresident alien individual,
``(2) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable
year beginning in the calendar year in which the individual's
taxable year begins, and
``(3) an estate or trust.
``(e) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (f).
Any failure to so reduce the credit shall be treated as
arising out of a mathematical or clerical error and assessed
according to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (f) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(f) Advance Refunds and Credits.--
``(1) In general.--Subject to paragraph (5), each
individual who was an eligible individual for such
individual's first taxable year beginning in 2019 shall be
treated as having made a payment against the tax imposed by
chapter 1 for such taxable year in an amount equal to the
advance refund amount for such taxable year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such taxable
year if this section (other than subsection (e) and this
subsection) had applied to such taxable year.
``(3) Timing and manner of payments.--
``(A) Timing.--The Secretary shall, subject to the
provisions of this title, refund or credit any overpayment
attributable to this section as rapidly as possible. No
refund or credit shall be made or allowed under this
subsection after December 31, 2020.
``(B) Delivery of payments.--Notwithstanding any other
provision of law, the Secretary may certify and disburse
refunds payable under this subsection electronically to any
account to which the payee authorized, on or after January 1,
2018, the delivery of a refund of taxes under this title or
of a Federal payment (as defined in section 3332 of title 31,
United States Code).
``(C) Waiver of certain rules.--Notwithstanding section
3325 of title 31, United States Code, or any other provision
of law, with respect to any payment of a refund under this
subsection, a disbursing official in the executive branch of
the United States Government may modify payment information
received from an officer or employee described in section
3325(a)(1)(B) of such title for the purpose of facilitating
the accurate and efficient delivery of such payment. Except
in cases of fraud or reckless neglect, no liability under
sections 3325, 3527, 3528, or 3529 of title 31, United States
Code, shall be imposed with respect to payments made under
this subparagraph.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this section.
``(5) Alternate taxable year.--In the case of an individual
who, at the time of any determination made pursuant to
paragraph (3), has not filed a tax return for the year
described in paragraph (1), the Secretary may--
``(A) apply such paragraph by substituting `2018' for
`2019', and
``(B) if the individual has not filed a tax return for such
individual's first taxable year beginning in 2018, use
information with respect to such individual for calendar year
2019 provided in--
``(i) Form SSA-1099, Social Security Benefit Statement, or
``(ii) Form RRB-1099, Social Security Equivalent Benefit
Statement.
``(6) Notice to taxpayer.--Not later than 15 days after the
date on which the Secretary distributed any payment to an
eligible taxpayer pursuant to this subsection, notice shall
be sent by mail to such taxpayer's last known address. Such
notice shall indicate the method by which such payment was
made, the amount of such payment, and a phone number for the
appropriate point of contact at the Internal Revenue Service
to report any failure to receive such payment.
``(g) Identification Number Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) to an eligible individual who does not include
on the return of tax for the taxable year--
``(A) such individual's valid identification number,
``(B) in the case of a joint return, the valid
identification number of such individual's spouse, and
``(C) in the case of any qualifying child taken into
account under subsection (a)(2), the valid identification
number of such qualifying child.
``(2) Valid identification number.--
``(A) In general.--For purposes of paragraph (1), the term
`valid identification number' means a social security number
(as such term is defined in section 24(h)(7)).
``(B) Adoption taxpayer identification number.--For
purposes of paragraph (1)(C), in the case of a qualifying
child who is adopted or placed for adoption, the term `valid
identification number' shall include the adoption taxpayer
identification number of such child.
``(3) Special rule for members of the armed forces.--
Paragraph (1)(B) shall not apply in the case where at least 1
spouse was a member of the Armed Forces of the United States
at any time during the taxable year and at least 1 spouse
satisfies paragraph (1)(A).
``(4) Mathematical or clerical error authority.--Any
omission of a correct valid identification number required
under this subsection shall be treated as a mathematical or
clerical error for purposes of applying section 6213(g)(2) to
such omission.
``(h) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary to carry
out the purposes of this section, including any such measures
as are deemed appropriate to avoid allowing multiple credits
or rebates to a taxpayer.''.
(b) Administrative Amendments.--
(1) Definition of deficiency.--Section 6211(b)(4)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and
36B, 168(k)(4)'' and inserting ``36B, and 6428''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2)(L) of such Code is amended by striking ``or 32''
and inserting ``32, or 6428''.
(c) Treatment of Possessions.--
[[Page H1747]]
(1) Payments to possessions.--
(A) Mirror code possession.--The Secretary of the Treasury
shall pay to each possession of the United States which has a
mirror code tax system amounts equal to the loss (if any) to
that possession by reason of the amendments made by this
section. Such amounts shall be determined by the Secretary of
the Treasury based on information provided by the government
of the respective possession.
(B) Other possessions.--The Secretary of the Treasury shall
pay to each possession of the United States which does not
have a mirror code tax system amounts estimated by the
Secretary of the Treasury as being equal to the aggregate
benefits (if any) that would have been provided to residents
of such possession by reason of the amendments made by this
section if a mirror code tax system had been in effect in
such possession. The preceding sentence shall not apply
unless the respective possession has a plan, which has been
approved by the Secretary of the Treasury, under which such
possession will promptly distribute such payments to its
residents.
(2) Coordination with credit allowed against united states
income taxes.--No credit shall be allowed against United
States income taxes under section 6428 of the Internal
Revenue Code of 1986 (as added by this section) to any
person--
(A) to whom a credit is allowed against taxes imposed by
the possession by reason of the amendments made by this
section, or
(B) who is eligible for a payment under a plan described in
paragraph (1)(B).
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes of this
subsection, the term ``possession of the United States''
includes the Commonwealth of Puerto Rico and the Commonwealth
of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means, with
respect to any possession of the United States, the income
tax system of such possession if the income tax liability of
the residents of such possession under such system is
determined by reference to the income tax laws of the United
States as if such possession were the United States.
(C) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this
subsection shall be treated in the same manner as a refund
due from a credit provision referred to in subsection (b)(2)
of such section.
(d) Exception From Reduction or Offset.--Any credit or
refund allowed or made to any individual by reason of section
6428 of the Internal Revenue Code of 1986 (as added by this
section) or by reason of subsection (c) of this section shall
not be--
(1) subject to reduction or offset pursuant to section 3716
or 3720A of title 31, United States Code,
(2) subject to reduction or offset pursuant to subsection
(d), (e), or (f) of section 6402 of the Internal Revenue Code
of 1986, or
(3) reduced or offset by other assessed Federal taxes that
would otherwise be subject to levy or collection.
(e) Public Awareness Campaign.--The Secretary of the
Treasury (or the Secretary's delegate) shall conduct a public
awareness campaign, in coordination with the Commissioner of
Social Security and the heads of other relevant Federal
agencies, to provide information regarding the availability
of the credit and rebate allowed under section 6428 of the
Internal Revenue Code of 1986 (as added by this section),
including information with respect to individuals who may not
have filed a tax return for taxable year 2018 or 2019.
(f) Appropriations to Carry Out Rebates.--
(1) In general.--Immediately upon the enactment of this
Act, the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2020:
(A) Department of the treasury.--
(i) For an additional amount for ``Department of the
Treasury--Bureau of the Fiscal Service--Salaries and
Expenses'', $78,650,000, to remain available until September
30, 2021.
(ii) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Taxpayer Services'',
$293,500,000, to remain available until September 30, 2021.
(iii) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Operations Support'',
$170,000,000, to remain available until September 30, 2021.
(iv) For an additional amount for ``Department of
Treasury--Internal Revenue Service--Enforcement'',
$37,200,000, to remain available until September 30, 2021.
Amounts made available in appropriations under clauses (ii),
(iii), and (iv) of this subparagraph may be transferred
between such appropriations upon the advance notification of
the Committees on Appropriations of the House of
Representatives and the Senate. Such transfer authority is in
addition to any other transfer authority provided by law.
(B) Social security administration.--For an additional
amount for ``Social Security Administration--Limitation on
Administrative Expenses'', $38,000,000, to remain available
until September 30, 2021.
(2) Reports.--No later than 15 days after enactment of this
Act, the Secretary of the Treasury shall submit a plan to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the expected use of the funds
provided by paragraph (1)(A). Beginning 90 days after
enactment of this Act, the Secretary of the Treasury shall
submit a quarterly report to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
actual expenditure of funds provided by paragraph (1)(A) and
the expected expenditure of such funds in the subsequent
quarter.
(g) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``6428,'' after
``54B(h),''.
(2) The table of sections for subchapter B of chapter 65 of
subtitle F of the Internal Revenue Code of 1986 is amended by
inserting after the item relating to section 6427 the
following:
``Sec. 6428. 2020 Recovery Rebates for individuals.''.
SEC. 2202. SPECIAL RULES FOR USE OF RETIREMENT FUNDS.
(a) Tax-favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any coronavirus-related
distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as coronavirus-related distributions for
any taxable year shall not exceed $100,000.
(B) Treatment of plan distributions.--If a distribution to
an individual would (without regard to subparagraph (A)) be a
coronavirus-related distribution, a plan shall not be treated
as violating any requirement of the Internal Revenue Code of
1986 merely because the plan treats such distribution as a
coronavirus-related distribution, unless the aggregate amount
of such distributions from all plans maintained by the
employer (and any member of any controlled group which
includes the employer) to such individual exceeds $100,000.
(C) Controlled group.--For purposes of subparagraph (B),
the term ``controlled group'' means any group treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives a coronavirus-
related distribution may, at any time during the 3-year
period beginning on the day after the date on which such
distribution was received, make 1 or more contributions in an
aggregate amount not to exceed the amount of such
distribution to an eligible retirement plan of which such
individual is a beneficiary and to which a rollover
contribution of such distribution could be made under section
402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of
the Internal Revenue Code of 1986, as the case may be.
(B) Treatment of repayments of distributions from eligible
retirement plans other than iras.--For purposes of the
Internal Revenue Code of 1986, if a contribution is made
pursuant to subparagraph (A) with respect to a coronavirus-
related distribution from an eligible retirement plan other
than an individual retirement plan, then the taxpayer shall,
to the extent of the amount of the contribution, be treated
as having received the coronavirus-related distribution in an
eligible rollover distribution (as defined in section
402(c)(4) of such Code) and as having transferred the amount
to the eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the distribution.
(C) Treatment of repayments of distributions from iras.--
For purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) with
respect to a coronavirus-related distribution from an
individual retirement plan (as defined by section 7701(a)(37)
of such Code), then, to the extent of the amount of the
contribution, the coronavirus-related distribution shall be
treated as a distribution described in section 408(d)(3) of
such Code and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Coronavirus-related distribution.--Except as provided
in paragraph (2), the term ``coronavirus-related
distribution'' means any distribution from an eligible
retirement plan made--
(i) on or after January 1, 2020, and before December 31,
2020,
(ii) to an individual--
(I) who is diagnosed with the virus SARS-CoV-2 or with
coronavirus disease 2019 (COVID-19) by a test approved by the
Centers for Disease Control and Prevention,
(II) whose spouse or dependent (as defined in section 152
of the Internal Revenue Code of 1986) is diagnosed with such
virus or disease by such a test, or
(III) who experiences adverse financial consequences as a
result of being quarantined, being furloughed or laid off or
having work hours reduced due to such virus or disease, being
unable to work due to lack of child care due to such virus or
disease, closing or reducing hours of a business owned or
operated by the individual due to such virus or disease, or
other factors as determined by the Secretary of the Treasury
(or the Secretary's delegate).
(B) Employee certification.--The administrator of an
eligible retirement plan may rely on an employee's
certification that the employee satisfies the conditions of
subparagraph (A)(ii) in determining whether any distribution
is a coronavirus-related distribution.
(C) Eligible retirement plan.--The term ``eligible
retirement plan'' has the meaning given such term by section
402(c)(8)(B) of the Internal Revenue Code of 1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any coronavirus-related
distribution, unless the taxpayer elects not to have this
paragraph apply for any taxable year, any amount required to
be included in gross income for such taxable year shall be so
included ratably over the 3-taxable-year period beginning
with such taxable year.
[[Page H1748]]
(B) Special rule.--For purposes of subparagraph (A), rules
similar to the rules of subparagraph (E) of section
408A(d)(3) of the Internal Revenue Code of 1986 shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405 of the Internal Revenue Code of
1986, coronavirus-related distributions shall not be treated
as eligible rollover distributions.
(B) Coronavirus-related distributions treated as meeting
plan distribution requirements.--For purposes of the Internal
Revenue Code of 1986, a coronavirus-related distribution
shall be treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and
457(d)(1)(A) of such Code and section 8433(h)(1) of title 5,
United States Code.
(b) Loans From Qualified Plans.--
(1) Increase in limit on loans not treated as
distributions.--In the case of any loan from a qualified
employer plan (as defined under section 72(p)(4) of the
Internal Revenue Code of 1986) to a qualified individual made
during the 180-day period beginning on the date of the
enactment of this Act--
(A) clause (i) of section 72(p)(2)(A) of such Code shall be
applied by substituting ``$100,000'' for ``$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable
accrued benefit of the employee under the plan'' for ``one-
half of the present value of the nonforfeitable accrued
benefit of the employee under the plan''.
(2) Delay of repayment.--In the case of a qualified
individual with an outstanding loan (on or after the date of
the enactment of this Act) from a qualified employer plan (as
defined in section 72(p)(4) of the Internal Revenue Code of
1986)--
(A) if the due date pursuant to subparagraph (B) or (C) of
section 72(p)(2) of such Code for any repayment with respect
to such loan occurs during the period beginning on the date
of the enactment of this Act and ending on December 31, 2020,
such due date shall be delayed for 1 year,
(B) any subsequent repayments with respect to any such loan
shall be appropriately adjusted to reflect the delay in the
due date under subparagraph (A) and any interest accruing
during such delay, and
(C) in determining the 5-year period and the term of a loan
under subparagraph (B) or (C) of section 72(p)(2) of such
Code, the period described in subparagraph (A) of this
paragraph shall be disregarded.
(3) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual who is
described in subsection (a)(4)(A)(ii).
(c) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract--
(A) such plan or contract shall be treated as being
operated in accordance with the terms of the plan during the
period described in paragraph (2)(B)(i), and
(B) except as provided by the Secretary of the Treasury (or
the Secretary's delegate), such plan or contract shall not
fail to meet the requirements of section 411(d)(6) of the
Internal Revenue Code of 1986 and section 204(g) of the
Employee Retirement Income Security Act of 1974 by reason of
such amendment.
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is made--
(i) pursuant to any provision of this section, or pursuant
to any regulation issued by the Secretary of the Treasury or
the Secretary of Labor (or the delegate of either such
Secretary) under any provision of this section, and
(ii) on or before the last day of the first plan year
beginning on or after January 1, 2022, or such later date as
the Secretary of the Treasury (or the Secretary's delegate)
may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), clause (ii)
shall be applied by substituting the date which is 2 years
after the date otherwise applied under clause (ii).
(B) Conditions.--This subsection shall not apply to any
amendment unless--
(i) during the period--
(I) beginning on the date that this section or the
regulation described in subparagraph (A)(i) takes effect (or
in the case of a plan or contract amendment not required by
this section or such regulation, the effective date specified
by the plan), and
(II) ending on the date described in subparagraph (A)(ii)
(or, if earlier, the date the plan or contract amendment is
adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect, and
(ii) such plan or contract amendment applies retroactively
for such period.
SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION
RULES FOR CERTAIN RETIREMENT PLANS AND
ACCOUNTS.
(a) In General.--Section 401(a)(9) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
``(I) Temporary waiver of minimum required distribution.--
``(i) In general.--The requirements of this paragraph shall
not apply for calendar year 2020 to--
``(I) a defined contribution plan which is described in
this subsection or in section 403(a) or 403(b),
``(II) a defined contribution plan which is an eligible
deferred compensation plan described in section 457(b) but
only if such plan is maintained by an employer described in
section 457(e)(1)(A), or
``(III) an individual retirement plan.
``(ii) Special rule for required beginning dates in 2020.--
Clause (i) shall apply to any distribution which is required
to be made in calendar year 2020 by reason of--
``(I) a required beginning date occurring in such calendar
year, and
``(II) such distribution not having been made before
January 1, 2020.
``(iii) Special rules regarding waiver period.--For
purposes of this paragraph--
``(I) the required beginning date with respect to any
individual shall be determined without regard to this
subparagraph for purposes of applying this paragraph for
calendar years after 2020, and
``(II) if clause (ii) of subparagraph (B) applies, the 5-
year period described in such clause shall be determined
without regard to calendar year 2020.''.
(b) Eligible Rollover Distributions.--Section 402(c)(4) of
the Internal Revenue Code of 1986 is amended by striking
``2009'' each place it appears in the last sentence and
inserting ``2020''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply for calendar years beginning after December 31, 2019.
(2) Provisions relating to plan or contract amendments.--
(A) In general.--If this paragraph applies to any plan or
contract amendment--
(i) such plan or contract shall not fail to be treated as
being operated in accordance with the terms of the plan
during the period described in subparagraph (B)(ii) solely
because the plan operates in accordance with this section,
and
(ii) except as provided by the Secretary of the Treasury
(or the Secretary's delegate), such plan or contract shall
not fail to meet the requirements of section 411(d)(6) of the
Internal Revenue Code of 1986 and section 204(g) of the
Employee Retirement Income Security Act of 1974 by reason of
such amendment.
(B) Amendments to which paragraph applies.--
(i) In general.--This paragraph shall apply to any
amendment to any plan or annuity contract which--
(I) is made pursuant to the amendments made by this
section, and
(II) is made on or before the last day of the first plan
year beginning on or after January 1, 2022.
In the case of a governmental plan, subclause (II) shall be
applied by substituting ``2024'' for ``2022''.
(ii) Conditions.--This paragraph shall not apply to any
amendment unless during the period beginning on the effective
date of the amendment and ending on December 31, 2020, the
plan or contract is operated as if such plan or contract
amendment were in effect.
SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DEDUCTION FOR
CHARITABLE CONTRIBUTIONS.
(a) In General.--Section 62(a) of the Internal Revenue Code
of 1986 is amended by inserting after paragraph (21) the
following new paragraph:
``(22) Charitable contributions.--In the case of taxable
years beginning in 2020, the amount (not to exceed $300) of
qualified charitable contributions made by an eligible
individual during the taxable year.''.
(b) Definitions.--Section 62 of such Code is amended by
adding at the end the following new subsection:
``(f) Definitions Relating to Qualified Charitable
Contributions.--For purposes of subsection (a)(22)--
``(1) Eligible individual.--The term `eligible individual'
means any individual who does not elect to itemize
deductions.
``(2) Qualified charitable contributions.--The term
`qualified charitable contribution' means a charitable
contribution (as defined in section 170(c))--
``(A) which is made in cash,
``(B) for which a deduction is allowable under section 170
(determined without regard to subsection (b) thereof), and
``(C) which is--
``(i) made to an organization described in section
170(b)(1)(A), and
``(ii) not--
``(I) to an organization described in section 509(a)(3), or
``(II) for the establishment of a new, or maintenance of an
existing, donor advised fund (as defined in section
4966(d)(2)).
Such term shall not include any amount which is treated as a
charitable contribution made in such taxable year by reason
of subsection (b)(1)(G)(ii) or (d)(1) of section 170.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2019.
SEC. 2205. MODIFICATION OF LIMITATIONS ON CHARITABLE
CONTRIBUTIONS DURING 2020.
(a) Temporary Suspension of Limitations on Certain Cash
Contributions.--
(1) In general.--Except as otherwise provided in paragraph
(2), qualified contributions shall be disregarded in applying
subsections (b) and (d) of section 170 of the Internal
Revenue Code of 1986.
(2) Treatment of excess contributions.--For purposes of
section 170 of the Internal Revenue Code of 1986--
(A) Individuals.--In the case of an individual--
(i) Limitation.--Any qualified contribution shall be
allowed as a deduction only to the extent that the aggregate
of such contributions does not exceed the excess of the
taxpayer's contribution base (as defined in subparagraph (H)
[[Page H1749]]
of section 170(b)(1) of such Code) over the amount of all
other charitable contributions allowed under section
170(b)(1) of such Code.
(ii) Carryover.--If the aggregate amount of qualified
contributions made in the contribution year (within the
meaning of section 170(d)(1) of such Code) exceeds the
limitation of clause (i), such excess shall be added to the
excess described in section 170(b)(1)(G)(ii).
(B) Corporations.--In the case of a corporation--
(i) Limitation.--Any qualified contribution shall be
allowed as a deduction only to the extent that the aggregate
of such contributions does not exceed the excess of 25
percent of the taxpayer's taxable income (as determined under
paragraph (2) of section 170(b) of such Code) over the amount
of all other charitable contributions allowed under such
paragraph.
(ii) Carryover.--If the aggregate amount of qualified
contributions made in the contribution year (within the
meaning of section 170(d)(2) of such Code) exceeds the
limitation of clause (i), such excess shall be appropriately
taken into account under section 170(d)(2) subject to the
limitations thereof.
(3) Qualified contributions.--
(A) In general.--For purposes of this subsection, the term
``qualified contribution'' means any charitable contribution
(as defined in section 170(c) of the Internal Revenue Code of
1986) if--
(i) such contribution is paid in cash during calendar year
2020 to an organization described in section 170(b)(1)(A) of
such Code, and
(ii) the taxpayer has elected the application of this
section with respect to such contribution.
(B) Exception.--Such term shall not include a contribution
by a donor if the contribution is--
(i) to an organization described in section 509(a)(3) of
the Internal Revenue Code of 1986, or
(ii) for the establishment of a new, or maintenance of an
existing, donor advised fund (as defined in section
4966(d)(2) of such Code).
(C) Application of election to partnerships and s
corporations.--In the case of a partnership or S corporation,
the election under subparagraph (A)(ii) shall be made
separately by each partner or shareholder.
(b) Increase in Limits on Contributions of Food
Inventory.--In the case of any charitable contribution of
food during 2020 to which section 170(e)(3)(C) of the
Internal Revenue Code of 1986 applies, subclauses (I) and
(II) of clause (ii) thereof shall each be applied by
substituting ``25 percent'' for ``15 percent.''
(c) Effective Date.--This section shall apply to taxable
years ending after December 31, 2019.
SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT
LOANS.
(a) In General.--Paragraph (1) of section 127(c) of the
Internal Revenue Code of 1986 is amended by striking ``and''
at the end of subparagraph (A), by redesignating subparagraph
(B) as subparagraph (C), and by inserting after subparagraph
(A) the following new subparagraph:
``(B) in the case of payments made before January 1, 2021,
the payment by an employer, whether paid to the employee or
to a lender, of principal or interest on any qualified
education loan (as defined in section 221(d)(1)) incurred by
the employee for education of the employee, and''.
(b) Conforming Amendment; Denial of Double Benefit.--The
first sentence of paragraph (1) of section 221(e) of the
Internal Revenue Code of 1986 is amended by inserting before
the period the following: ``, or for which an exclusion is
allowable under section 127 to the taxpayer by reason of the
payment by the taxpayer's employer of any indebtedness on a
qualified education loan of the taxpayer''.
(c) Effective Date.--The amendments made by this section
shall apply to payments made after the date of the enactment
of this Act.
Subtitle C--Business Provisions
SEC. 2301. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUBJECT TO
CLOSURE DUE TO COVID-19.
(a) In General.--In the case of an eligible employer, there
shall be allowed as a credit against applicable employment
taxes for each calendar quarter an amount equal to 50 percent
of the qualified wages with respect to each employee of such
employer for such calendar quarter.
(b) Limitations and Refundability.--
(1) Wages taken into account.--The amount of qualified
wages with respect to any employee which may be taken into
account under subsection (a) by the eligible employer for all
calendar quarters shall not exceed $10,000.
(2) Credit limited to employment taxes.--The credit allowed
by subsection (a) with respect to any calendar quarter shall
not exceed the applicable employment taxes (reduced by any
credits allowed under subsections (e) and (f) of section 3111
of the Internal Revenue Code of 1986 and sections 7001 and
7003 of the Families First Coronavirus Response Act) on the
wages paid with respect to the employment of all the
employees of the eligible employer for such calendar quarter.
(3) Refundability of excess credit.--
(A) In general.--If the amount of the credit under
subsection (a) exceeds the limitation of paragraph (2) for
any calendar quarter, such excess shall be treated as an
overpayment that shall be refunded under sections 6402(a) and
6413(b) of the Internal Revenue Code of 1986.
(B) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, any amounts due to the employer
under this paragraph shall be treated in the same manner as a
refund due from a credit provision referred to in subsection
(b)(2) of such section.
(c) Definitions.--For purposes of this section--
(1) Applicable employment taxes.--The term ``applicable
employment taxes'' means the following:
(A) The taxes imposed under section 3111(a) of the Internal
Revenue Code of 1986.
(B) So much of the taxes imposed under section 3221(a) of
such Code as are attributable to the rate in effect under
section 3111(a) of such Code.
(2) Eligible employer.--
(A) In general.--The term ``eligible employer'' means any
employer--
(i) which was carrying on a trade or business during
calendar year 2020, and
(ii) with respect to any calendar quarter, for which--
(I) the operation of the trade or business described in
clause (i) is fully or partially suspended during the
calendar quarter due to orders from an appropriate
governmental authority limiting commerce, travel, or group
meetings (for commercial, social, religious, or other
purposes) due to the coronavirus disease 2019 (COVID-19), or
(II) such calendar quarter is within the period described
in subparagraph (B).
(B) Significant decline in gross receipts.--The period
described in this subparagraph is the period--
(i) beginning with the first calendar quarter beginning
after December 31, 2019, for which gross receipts (within the
meaning of section 448(c) of the Internal Revenue Code of
1986) for the calendar quarter are less than 50 percent of
gross receipts for the same calendar quarter in the prior
year, and
(ii) ending with the calendar quarter following the first
calendar quarter beginning after a calendar quarter described
in clause (i) for which gross receipts of such employer are
greater than 80 percent of gross receipts for the same
calendar quarter in the prior year.
(C) Tax-exempt organizations.--In the case of an
organization which is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code, clauses (i) and (ii)(I) of
subparagraph (A) shall apply to all operations of such
organization.
(3) Qualified wages.--
(A) In general.--The term ``qualified wages'' means--
(i) in the case of an eligible employer for which the
average number of full-time employees (within the meaning of
section 4980H of the Internal Revenue Code of 1986) employed
by such eligible employer during 2019 was greater than 100,
wages paid by such eligible employer with respect to which an
employee is not providing services due to circumstances
described in subclause (I) or (II) of paragraph (2)(A)(ii),
or
(ii) in the case of an eligible employer for which the
average number of full-time employees (within the meaning of
section 4980H of the Internal Revenue Code of 1986) employed
by such eligible employer during 2019 was not greater than
100--
(I) with respect to an eligible employer described in
subclause (I) of paragraph (2)(A)(ii), wages paid by such
eligible employer with respect to an employee during any
period described in such clause, or
(II) with respect to an eligible employer described in
subclause (II) of such paragraph, wages paid by such eligible
employer with respect to an employee during such quarter.
Such term shall not include any wages taken into account
under section 7001 or section 7003 of the Families First
Coronavirus Response Act.
(B) Limitation.--Qualified wages paid or incurred by an
eligible employer described in subparagraph (A)(i) with
respect to an employee for any period described in such
subparagraph may not exceed the amount such employee would
have been paid for working an equivalent duration during the
30 days immediately preceding such period.
(C) Allowance for certain health plan expenses.--
(i) In general.--The term ``qualified wages'' shall include
so much of the eligible employer's qualified health plan
expenses as are properly allocable to such wages.
(ii) Qualified health plan expenses.--For purposes of this
paragraph, the term ``qualified health plan expenses'' means
amounts paid or incurred by the eligible employer to provide
and maintain a group health plan (as defined in section
5000(b)(1) of the Internal Revenue Code of 1986), but only to
the extent that such amounts are excluded from the gross
income of employees by reason of section 106(a) of such Code.
(iii) Allocation rules.--For purposes of this paragraph,
qualified health plan expenses shall be allocated to
qualified wages in such manner as the Secretary may
prescribe. Except as otherwise provided by the Secretary,
such allocation shall be treated as properly made if made on
the basis of being pro rata among employees and pro rata on
the basis of periods of coverage (relative to the periods to
which such wages relate).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(5) Wages.--The term ``wages'' means wages (as defined in
section 3121(a) of the Internal Revenue Code of 1986) and
compensation (as defined in section 3231(e) of such Code).
(6) Other terms.--Any term used in this section which is
also used in chapter 21 or 22 of the Internal Revenue Code of
1986 shall have the same meaning as when used in such
chapter.
(d) Aggregation Rule.--All persons treated as a single
employer under subsection (a) or (b) of section 52 of the
Internal Revenue Code of 1986, or subsection (m) or (o) of
section 414 of such Code, shall be treated as one employer
for purposes of this section.
(e) Certain Rules to Apply.--For purposes of this section,
rules similar to the rules of sections 51(i)(1) and 280C(a)
of the Internal Revenue Code of 1986 shall apply.
(f) Certain Governmental Employers.--This credit shall not
apply to the Government of
[[Page H1750]]
the United States, the government of any State or political
subdivision thereof, or any agency or instrumentality of any
of the foregoing.
(g) Election Not to Have Section Apply.--This section shall
not apply with respect to any eligible employer for any
calendar quarter if such employer elects (at such time and in
such manner as the Secretary may prescribe) not to have this
section apply.
(h) Special Rules.--
(1) Employee not taken into account more than once.--An
employee shall not be included for purposes of this section
for any period with respect to any employer if such employer
is allowed a credit under section 51 of the Internal Revenue
Code of 1986 with respect to such employee for such period.
(2) Denial of double benefit.--Any wages taken into account
in determining the credit allowed under this section shall
not be taken into account for purposes of determining the
credit allowed under section 45S of such Code.
(3) Third party payors.--Any credit allowed under this
section shall be treated as a credit described in section
3511(d)(2) of such Code.
(i) Transfers to Federal Old-Age and Survivors Insurance
Trust Fund.--There are hereby appropriated to the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund established under section 201
of the Social Security Act (42 U.S.C. 401) and the Social
Security Equivalent Benefit Account established under section
15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 14
231n-1(a)) amounts equal to the reduction in revenues to the
Treasury by reason of this section (without regard to this
subsection). Amounts appropriated by the preceding sentence
shall be transferred from the general fund at such times and
in such manner as to replicate to the extent possible the
transfers which would have occurred to such Trust Fund or
Account had this section not been enacted.
(j) Rule for Employers Taking Small Business Interruption
Loan.--If an eligible employer receives a covered loan under
paragraph (36) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), as added by section 1102 of this Act, such
employer shall not be eligible for the credit under this
section.
(k) Treatment of Deposits.--The Secretary shall waive any
penalty under section 6656 of the Internal Revenue Code of
1986 for any failure to make a deposit of any applicable
employment taxes if the Secretary determines that such
failure was due to the reasonable anticipation of the credit
allowed under this section.
(l) Regulations and Guidance.--The Secretary shall issue
such forms, instructions, regulations, and guidance as are
necessary--
(1) to allow the advance payment of the credit under
subsection (a), subject to the limitations provided in this
section, based on such information as the Secretary shall
require,
(2) to provide for the reconciliation of such advance
payment with the amount advanced at the time of filing the
return of tax for the applicable calendar quarter or taxable
year,
(3) to provide for the recapture of the credit under this
section if such credit is allowed to a taxpayer which
receives a loan described in subsection (j) during a
subsequent quarter,
(4) with respect to the application of the credit under
subsection (a) to third party payors (including professional
employer organizations, certified professional employer
organizations, or agents under section 3504 of the Internal
Revenue Code of 1986), including regulations or guidance
allowing such payors to submit documentation necessary to
substantiate the eligible employer status of employers that
use such payors, and
(5) for application of subparagraphs (A)(ii)(II) and (B) of
subsection (c)(2) in the case of any employer which was not
carrying on a trade or business for all or part of the same
calendar quarter in the prior year.
(m) Application.--This section shall only apply to wages
paid after March 12, 2020, and before January 1, 2021.
SEC. 2302. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES.
(a) In General.--
(1) Taxes.--Notwithstanding any other provision of law, the
payment for applicable employment taxes for the payroll tax
deferral period shall not be due before the applicable date.
(2) Deposits.--Notwithstanding section 6302 of the Internal
Revenue Code of 1986, an employer shall be treated as having
timely made all deposits of applicable employment taxes that
are required to be made (without regard to this section) for
such taxes during the payroll tax deferral period if all such
deposits are made not later than the applicable date.
(3) Exception.--This subsection shall not apply to any
taxpayer if such taxpayer has had indebtedness forgiven under
section 1106 of this Act with respect to a loan under
paragraph (36) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), as added by section 1102 of this Act, or
indebtedness forgiven under section 1109 of this Act.
(b) SECA.--
(1) In general.--Notwithstanding any other provision of
law, the payment for 50 percent of the taxes imposed under
section 1401(a) of the Internal Revenue Code of 1986 for the
payroll tax deferral period shall not be due before the
applicable date.
(2) Estimated taxes.--For purposes of applying section 6654
of the Internal Revenue Code of 1986 to any taxable year
which includes any part of the payroll tax deferral period,
50 percent of the taxes imposed under section 1401(a) of such
Code for the payroll tax deferral period shall not be treated
as taxes to which such section 6654 applies.
(c) Liability of Third Parties.--
(1) Acts to be performed by agents.--For purposes of
section 3504 of the Internal Revenue Code of 1986, in the
case of any person designated pursuant to such section (and
any regulations or other guidance issued by the Secretary
with respect to such section) to perform acts otherwise
required to be performed by an employer under such Code, if
such employer directs such person to defer payment of any
applicable employment taxes during the payroll tax deferral
period under this section, such employer shall be solely
liable for the payment of such applicable employment taxes
before the applicable date for any wages paid by such person
on behalf of such employer during such period.
(2) Certified professional employer organizations.--For
purposes of section 3511, in the case of a certified
professional employer organization (as defined in subsection
(a) of section 7705 of the Internal Revenue Code of 1986)
that has entered into a service contract described in
subsection (e)(2) of such section with a customer, if such
customer directs such organization to defer payment of any
applicable employment taxes during the payroll tax deferral
period under this section, such customer shall,
notwithstanding subsections (a) and (c) of section 3511, be
solely liable for the payment of such applicable employment
taxes before the applicable date for any wages paid by such
organization to any work site employee performing services
for such customer during such period.
(d) Definitions.--For purposes of this section--
(1) Applicable employment taxes.--The term ``applicable
employment taxes'' means the following:
(A) The taxes imposed under section 3111(a) of the Internal
Revenue Code of 1986.
(B) So much of the taxes imposed under section 3211(a) of
such Code as are attributable to the rate in effect under
section 3111(a) of such Code.
(C) So much of the taxes imposed under section 3221(a) of
such Code as are attributable to the rate in effect under
section 3111(a) of such Code.
(2) Payroll tax deferral period.--The term ``payroll tax
deferral period'' means the period beginning on the date of
the enactment of this Act and ending before January 1, 2021.
(3) Applicable date.--The term ``applicable date'' means--
(A) December 31, 2021, with respect to 50 percent of the
amounts to which subsection (a) or (b), as the case may be,
apply, and
(B) December 31, 2022, with respect to the remaining such
amounts.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury (or the Secretary's delegate).
(e) Trust Funds Held Harmless.--There are hereby
appropriated (out of any money in the Treasury not otherwise
appropriated) for each fiscal year to the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund established under section 201 of the
Social Security Act (42 U.S.C. 401) and the Social Security
Equivalent Benefit Account established under section 15A(a)
of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a))
an amount equal to the reduction in the transfers to such
fund for such fiscal year by reason of this section. Amounts
appropriated by the preceding sentence shall be transferred
from the general fund at such times and in such manner as to
replicate to the extent possible the transfers which would
have occurred to such Trust Fund had such amendments not been
enacted.
(f) Regulatory Authority.--The Secretary shall issue such
regulations or other guidance as necessary to carry out the
purposes of this section, including rules for the
administration and enforcement of subsection (c).
SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES.
(a) Temporary Repeal of Taxable Income Limitation.--
(1) In general.--The first sentence of section 172(a) of
the Internal Revenue Code of 1986 is amended by striking ``an
amount equal to'' and all that follows and inserting ``an
amount equal to--
``(1) in the case of a taxable year beginning before
January 1, 2021, the aggregate of the net operating loss
carryovers to such year, plus the net operating loss
carrybacks to such year, and
``(2) in the case of a taxable year beginning after
December 31, 2020, the sum of--
``(A) the aggregate amount of net operating losses arising
in taxable years beginning before January 1, 2018, carried to
such taxable year, plus
``(B) the lesser of--
``(i) the aggregate amount of net operating losses arising
in taxable years beginning after December 31, 2017, carried
to such taxable year, or
``(ii) 80 percent of the excess (if any) of--
``(I) taxable income computed without regard to the
deductions under this section and sections 199A and 250, over
``(II) the amount determined under subparagraph (A).''.
(2) Conforming amendments.--
(A) Section 172(b)(2)(C) of such Code is amended to read as
follows:
``(C) for taxable years beginning after December 31, 2020,
be reduced by 20 percent of the excess (if any) described in
subsection (a)(2)(B)(ii) for such taxable year.''.
(B) Section 172(d)(6)(C) of such Code is amended by
striking ``subsection (a)(2)'' and inserting ``subsection
(a)(2)(B)(ii)(I)''.
(C) Section 860E(a)(3)(B) of such Code is amended by
striking all that follows ``for purposes of'' and inserting
``subsection (a)(2)(B)(ii)(I) and the second sentence of
subsection (b)(2) of section 172.''.
(b) Modifications of Rules Relating to Carrybacks.--
(1) In general.--Section 172(b)(1) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
[[Page H1751]]
``(D) Special rule for losses arising in 2018, 2019, and
2020.--
``(i) In general.--In the case of any net operating loss
arising in a taxable year beginning after December 31, 2017,
and before January 1, 2021--
``(I) such loss shall be a net operating loss carryback to
each of the 5 taxable years preceding the taxable year of
such loss, and
``(II) subparagraphs (B) and (C)(i) shall not apply.
``(ii) Special rules for reits.--For purposes of this
subparagraph--
``(I) In general.--A net operating loss for a REIT year
shall not be a net operating loss carryback to any taxable
year preceding the taxable year of such loss.
``(II) Special rule.--In the case of any net operating loss
for a taxable year which is not a REIT year, such loss shall
not be carried to any preceding taxable year which is a REIT
year.
``(III) REIT year.--For purposes of this subparagraph, the
term `REIT year' means any taxable year for which the
provisions of part II of subchapter M (relating to real
estate investment trusts) apply to the taxpayer.
``(iii) Special rule for life insurance companies.-- In the
case of a life insurance company, if a net operating loss is
carried pursuant to clause (i)(I) to a life insurance company
taxable year beginning before January 1, 2018, such net
operating loss carryback shall be treated in the same manner
as an operations loss carryback (within the meaning of
section 810 as in effect before its repeal) of such company
to such taxable year.
``(iv) Rule relating to carrybacks to years to which
section 965 applies.--If a net operating loss of a taxpayer
is carried pursuant to clause (i)(I) to any taxable year in
which an amount is includible in gross income by reason of
section 965(a), the taxpayer shall be treated as having made
the election under section 965(n) with respect to each such
taxable year.
``(v) Special rules for elections under paragraph (3).--
``(I) Special election to exclude section 965 years.-- If
the 5-year carryback period under clause (i)(I) with respect
to any net operating loss of a taxpayer includes 1 or more
taxable years in which an amount is includible in gross
income by reason of section 965(a), the taxpayer may, in lieu
of the election otherwise available under paragraph (3),
elect under such paragraph to exclude all such taxable years
from such carryback period.
``(II) Time of elections.--An election under paragraph (3)
(including an election described in subclause (I)) with
respect to a net operating loss arising in a taxable year
beginning in 2018 or 2019 shall be made by the due date
(including extensions of time) for filing the taxpayer's
return for the first taxable year ending after the date of
the enactment of this subparagraph.''.
(2) Conforming amendment.--Section 172(b)(1)(A) of such
Code, as amended by subsection (c)(2), is amended by striking
``and (C)(i)'' and inserting ``, (C)(i), and (D)''.
(c) Technical Amendment Relating to Section 13302 of Public
Law 115-97.--
(1) Section 13302(e) of Public Law 115-97 is amended to
read as follows:
``(e) Effective Dates.--
``(1) Net operating loss limitation.--The amendments made
by subsections (a) and (d)(2) shall apply to--
``(A) taxable years beginning after December 31, 2017, and
``(B) taxable years beginning on or before such date to
which net operating losses arising in taxable years beginning
after such date are carried.
``(2) Carryovers and carrybacks.--The amendments made by
subsections (b), (c), and (d)(1) shall apply to net operating
losses arising in taxable years beginning after December 31,
2017.''.
(2) Section 172(b)(1)(A) of the Internal Revenue Code of
1986 is amended to read as follows:
``(A) General rule.--A net operating loss for any taxable
year--
``(i) shall be a net operating loss carryback to the extent
provided in subparagraphs (B) and (C)(i), and
``(ii) except as provided in subparagraph (C)(ii), shall be
a net operating loss carryover--
``(I) in the case of a net operating loss arising in a
taxable year beginning before January 1, 2018, to each of the
20 taxable years following the taxable year of the loss, and
``(II) in the case of a net operating loss arising in a
taxable year beginning after December 31, 2017, to each
taxable year following the taxable year of the loss.''.
(d) Effective Dates.--
(1) Net operating loss limitation.--The amendments made by
subsection (a) shall apply--
(A) to taxable years beginning after December 31, 2017, and
(B) to taxable years beginning on or before December 31,
2017, to which net operating losses arising in taxable years
beginning after December 31, 2017, are carried.
(2) Carryovers and carrybacks.--The amendment made by
subsection (b) shall apply to--
(A) net operating losses arising in taxable years beginning
after December 31, 2017, and
(B) taxable years beginning before, on, or after such date
to which such net operating losses are carried.
(3) Technical amendments.--The amendments made by
subsection (c) shall take effect as if included in the
provisions of Public Law 115-97 to which they relate.
(4) Special rule.--In the case of a net operating loss
arising in a taxable year beginning before January 1, 2018,
and ending after December 31, 2017--
(A) an application under section 6411(a) of the Internal
Revenue Code of 1986 with respect to the carryback of such
net operating loss shall not fail to be treated as timely
filed if filed not later than the date which is 120 days
after the date of the enactment of this Act, and
(B) an election to--
(i) forgo any carryback of such net operating loss,
(ii) reduce any period to which such net operating loss may
be carried back, or
(iii) revoke any election made under section 172(b) to
forgo any carryback of such net operating loss,
shall not fail to be treated as timely made if made not later
than the date which is 120 days after the date of the
enactment of this Act.
SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR TAXPAYERS
OTHER THAN CORPORATIONS.
(a) In General.--Section 461(l)(1) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(1) Limitation.--In the case of a taxpayer other than a
corporation--
``(A) for any taxable year beginning after December 31,
2017, and before January 1, 2026, subsection (j) (relating to
limitation on excess farm losses of certain taxpayers) shall
not apply, and
``(B) for any taxable year beginning after December 31,
2020, and before January 1, 2026, any excess business loss of
the taxpayer for the taxable year shall not be allowed.''.
(b) Technical Amendments Relating to Section 11012 of
Public Law 115-97.--
(1) Section 461(l)(2) of the Internal Revenue Code of 1986
is amended by striking ``a net operating loss carryover to
the following taxable year under section 172'' and inserting
``a net operating loss for the taxable year for purposes of
determining any net operating loss carryover under section
172(b) for subsequent taxable years''.
(2) Section 461(l)(3)(A) of such Code is amended--
(A) in clause (i), by inserting ``and without regard to any
deduction allowable under section 172 or 199A'' after ``under
paragraph (1)'', and
(B) by adding at the end the following flush sentence:
``Such excess shall be determined without regard to any
deductions, gross income, or gains attributable to any trade
or business of performing services as an employee.''.
(3) Section 461(l)(3) of such Code is amended by
redesignating subparagraph (B) as subparagraph (C) and by
inserting after subparagraph (A) the following new
subparagraph:
``(B) Treatment of capital gains and losses.--
``(i) Losses.--Deductions for losses from sales or
exchanges of capital assets shall not be taken into account
under subparagraph (A)(i).
``(ii) Gains.--The amount of gains from sales or exchanges
of capital assets taken into account under subparagraph
(A)(ii) shall not exceed the lesser of--
``(I) the capital gain net income determined by taking into
account only gains and losses attributable to a trade or
business, or
``(II) the capital gain net income.''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall apply to taxable years beginning after December 31,
2017.
(2) Technical amendments.--The amendments made by
subsection (b) shall take effect as if included in the
provisions of Public Law 115-97 to which they relate.
SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR YEAR MINIMUM TAX
LIABILITY OF CORPORATIONS.
(a) In General.--Section 53(e) of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``2018, 2019, 2020, or 2021'' in paragraph
(1) and inserting ``2018 or 2019'', and
(2) by striking ``2021'' in paragraph (2) and inserting
``2019''.
(b) Election to Take Entire Refundable Credit Amount in
2018.--
(1) In general.--Section 53(e) of such Code is amended by
adding at the end the following new paragraph:
``(5) Special rule.--In the case of a corporation making an
election under this paragraph--
``(A) paragraph (1) shall not apply, and
``(B) subsection (c) shall not apply to the first taxable
year of such corporation beginning in 2018.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2017.
(d) Special Rule.--
(1) In general.--For purposes of the Internal Revenue Code
of 1986, a credit or refund for which an application
described in paragraph (2)(A) is filed shall be treated as
made under section 6411 of such Code.
(2) Tentative refund.--
(A) Application.--A taxpayer may file an application for a
tentative refund of any amount for which a refund is due by
reason of an election under section 53(e)(5) of the Internal
Revenue Code of 1986. Such application shall be in such
manner and form as the Secretary of the Treasury (or the
Secretary's delegate) may prescribe and shall--
(i) be verified in the same manner as an application under
section 6411(a) of such Code,
(ii) be filed prior to December 31, 2020, and
(iii) set forth--
(I) the amount of the refundable credit claimed under
section 53(e) of such Code for such taxable year,
(II) the amount of the refundable credit claimed under such
section for any previously filed return for such taxable
year, and
(III) the amount of the refund claimed.
(B) Allowance of adjustments.--Within a period of 90 days
from the date on which an application is filed under
subparagraph (A), the Secretary of the Treasury (or the
Secretary's delegate) shall--
(i) review the application,
(ii) determine the amount of the overpayment, and
[[Page H1752]]
(iii) apply, credit, or refund such overpayment,
in a manner similar to the manner provided in section 6411(b)
of the Internal Revenue Code of 1986.
(C) Consolidated returns.--The provisions of section
6411(c) of the Internal Revenue Code of 1986 Code shall apply
to an adjustment under this paragraph to the same extent and
manner as the Secretary of the Treasury (or the Secretary's
delegate) may provide.
SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS INTEREST.
(a) In General.--Section 163(j) of the Internal Revenue
Code of 1986 is amended by redesignating paragraph (10) as
paragraph (11) and by inserting after paragraph (9) the
following new paragraph:
``(10) Special rule for taxable years beginning in 2019 and
2020.--
``(A) In general.--
``(i) In general.--Except as provided in clause (ii) or
(iii), in the case of any taxable year beginning in 2019 or
2020, paragraph (1)(B) shall be applied by substituting `50
percent' for `30 percent'.
``(ii) Special rule for partnerships.--In the case of a
partnership--
``(I) clause (i) shall not apply to any taxable year
beginning in 2019, but
``(II) unless a partner elects not to have this subclause
apply, in the case of any excess business interest of the
partnership for any taxable year beginning in 2019 which is
allocated to the partner under paragraph (4)(B)(i)(II)--
``(aa) 50 percent of such excess business interest shall be
treated as business interest which, notwithstanding paragraph
(4)(B)(ii), is paid or accrued by the partner in the
partner's first taxable year beginning in 2020 and which is
not subject to the limits of paragraph (1), and
``(bb) 50 percent of such excess business interest shall be
subject to the limitations of paragraph (4)(B)(ii) in the
same manner as any other excess business interest so
allocated.
``(iii) Election out.--A taxpayer may elect, at such time
and in such manner as the Secretary may prescribe, not to
have clause (i) apply to any taxable year. Such an election,
once made, may be revoked only with the consent of the
Secretary. In the case of a partnership, any such election
shall be made by the partnership and may be made only for
taxable years beginning in 2020.
``(B) Election to use 2019 adjusted taxable income for
taxable years beginning in 2020.--
``(i) In general.--Subject to clause (ii), in the case of
any taxable year beginning in 2020, the taxpayer may elect to
apply this subsection by substituting the adjusted taxable
income of the taxpayer for the last taxable year beginning in
2019 for the adjusted taxable income for such taxable year.
In the case of a partnership, any such election shall be made
by the partnership.
``(ii) Special rule for short taxable years.--If an
election is made under clause (i) for a taxable year which is
a short taxable year, the adjusted taxable income for the
taxpayer's last taxable year beginning in 2019 which is
substituted under clause (i) shall be equal to the amount
which bears the same ratio to such adjusted taxable income
determined without regard to this clause as the number of
months in the short taxable year bears to 12''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2018.
SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALIFIED
IMPROVEMENT PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code
of 1986 is amended--
(1) in subsection (e)--
(A) in paragraph (3)(E), by striking ``and'' at the end of
clause (v), by striking the period at the end of clause (vi)
and inserting ``, and'', and by adding at the end the
following new clause:
``(vii) any qualified improvement property.'', and
(B) in paragraph (6)(A), by inserting ``made by the
taxpayer'' after ``any improvement'', and
(2) in the table contained in subsection (g)(3)(B)--
(A) by striking the item relating to subparagraph (D)(v),
and
(B) by inserting after the item relating to subparagraph
(E)(vi) the following new item:
``(E)(vii)......................................................20''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in section 13204 of Public
Law 115-97.
SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR ALCOHOL
USED TO PRODUCE HAND SANITIZER.
(a) In General.--Section 5214(a) of the Internal Revenue
Code of 1986 is amended--
(1) in paragraph (13), by striking the period at the end
and inserting ``; or'', and
(2) by adding at the end the following new paragraph:
``(14) with respect to distilled spirits removed after
December 31, 2019, and before January 1, 2021, free of tax
for use in or contained in hand sanitizer produced and
distributed in a manner consistent with any guidance issued
by the Food and Drug Administration that is related to the
outbreak of virus SARS-CoV-2 or coronavirus disease 2019
(COVID-19).''.
(b) Effective Date.--The amendments made by this section
shall apply to distilled spirits removed after December 31,
2019.
(c) Application of Other Laws.--Any distilled spirits or
product described in paragraph (14) of section 5214(a) of the
Internal Revenue Code of 1986 (as added by this section)
shall not be subject to any requirements related to labeling
or bulk sales under--
(1) section 105 or 106 of the Federal Alcohol
Administration Act (27 U.S.C. 205, 206); or
(2) section 204 of the Alcoholic Beverage Labeling Act of
1988 (27 U.S.C. 215).
TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST
THE CORONAVIRUS
Subtitle A--Health Provisions
SEC. 3001. SHORT TITLE.
This subtitle may be cited as the ``Coronavirus Aid,
Relief, and Economic Security Act''.
PART I--ADDRESSING SUPPLY SHORTAGES
Subpart A--Medical Product Supplies
SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA'S MEDICAL
PRODUCT SUPPLY CHAIN SECURITY.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine (referred to
in this section as the ``National Academies'') to examine,
and, in a manner that does not compromise national security,
report on, the security of the United States medical product
supply chain.
(b) Purposes.--The report developed under this section
shall--
(1) assess and evaluate the dependence of the United
States, including the private commercial sector, States, and
the Federal Government, on critical drugs and devices that
are sourced or manufactured outside of the United States,
which may include an analysis of--
(A) the supply chain of critical drugs and devices of
greatest priority to providing health care;
(B) any potential public health security or national
security risks associated with reliance on critical drugs and
devices sourced or manufactured outside of the United States,
which may include responses to previous or existing shortages
or public health emergencies, such as infectious disease
outbreaks, bioterror attacks, and other public health
threats;
(C) any existing supply chain information gaps, as
applicable; and
(D) potential economic impact of increased domestic
manufacturing; and
(2) provide recommendations, which may include a plan to
improve the resiliency of the supply chain for critical drugs
and devices as described in paragraph (1), and to address any
supply vulnerabilities or potential disruptions of such
products that would significantly affect or pose a threat to
public health security or national security, as appropriate,
which may include strategies to--
(A) promote supply chain redundancy and contingency
planning;
(B) encourage domestic manufacturing, including
consideration of economic impacts, if any;
(C) improve supply chain information gaps;
(D) improve planning considerations for medical product
supply chain capacity during public health emergencies; and
(E) promote the accessibility of such drugs and devices.
(c) Input.--In conducting the study and developing the
report under subsection (b), the National Academies shall--
(1) consider input from the Department of Health and Human
Services, the Department of Homeland Security, the Department
of Defense, the Department of Commerce, the Department of
State, the Department of Veterans Affairs, the Department of
Justice, and any other Federal agencies as appropriate; and
(2) consult with relevant stakeholders, which may include
conducting public meetings and other forms of engagement, as
appropriate, with health care providers, medical professional
societies, State-based societies, public health experts,
State and local public health departments, State medical
boards, patient groups, medical product manufacturers, health
care distributors, wholesalers and group purchasing
organizations, pharmacists, and other entities with
experience in health care and public health, as appropriate.
(d) Definitions.--In this section, the terms ``device'' and
``drug'' have the meanings given such terms in section 201 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCKPILE TO
INCLUDE CERTAIN TYPES OF MEDICAL SUPPLIES.
Section 319F-2(a)(1) of the Public Health Service Act (42
U.S.C. 247d-6b(a)(1)) is amended by inserting ``(including
personal protective equipment, ancillary medical supplies,
and other applicable supplies required for the administration
of drugs, vaccines and other biological products, medical
devices, and diagnostic tests in the stockpile)'' after
``other supplies''.
SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DEVICES AS
COVERED COUNTERMEASURES.
Section 319F-3(i)(1)(D) of the Public Health Service Act
(42 U.S.C. 247d-6d(i)(1)(D)) is amended to read as follows:
``(D) a respiratory protective device that is approved by
the National Institute for Occupational Safety and Health
under part 84 of title 42, Code of Federal Regulations (or
any successor regulations), and that the Secretary determines
to be a priority for use during a public health emergency
declared under section 319.''.
Subpart B--Mitigating Emergency Drug Shortages
SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLICATIONS;
INCENTIVES.
Section 506C(g) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 356c(g)) is amended--
(1) in paragraph (1), by striking ``the Secretary may'' and
inserting ``the Secretary shall, as appropriate'';
(2) in paragraph (1), by inserting ``prioritize and''
before ``expedite the review''; and
(3) in paragraph (2), by inserting ``prioritize and''
before ``expedite an inspection''.
[[Page H1753]]
SEC. 3112. ADDITIONAL MANUFACTURER REPORTING REQUIREMENTS IN
RESPONSE TO DRUG SHORTAGES.
(a) Expansion To Include Active Pharmaceutical
Ingredients.--Subsection (a) of section 506C of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended--
(1) in paragraph (1)(C), by inserting ``or any such drug
that is critical to the public health during a public health
emergency declared by the Secretary under section 319 of the
Public Health Service Act'' after ``during surgery''; and
(2) in the flush text at the end--
(A) by inserting ``, or a permanent discontinuance in the
manufacture of an active pharmaceutical ingredient or an
interruption in the manufacture of the active pharmaceutical
ingredient of such drug that is likely to lead to a
meaningful disruption in the supply of the active
pharmaceutical ingredient of such drug,'' before ``and the
reasons''; and
(B) by adding at the end the following: ``Notification
under this subsection shall include disclosure of reasons for
the discontinuation or interruption, and if applicable, an
active pharmaceutical ingredient is a reason for, or risk
factor in, such discontinuation or interruption, the source
of the active pharmaceutical ingredient and any alternative
sources for the active pharmaceutical ingredient known by the
manufacturer; whether any associated device used for
preparation or administration included in the drug is a
reason for, or a risk factor in, such discontinuation or
interruption; the expected duration of the interruption; and
such other information as the Secretary may require.''.
(b) Risk Management.--Section 506C of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356c) is amended by adding
at the end the following:
``(j) Risk Management Plans.--Each manufacturer of a drug
described in subsection (a) or of any active pharmaceutical
ingredient or any associated medical device used for
preparation or administration included in the drug, shall
develop, maintain, and implement, as appropriate, a
redundancy risk management plan that identifies and evaluates
risks to the supply of the drug, as applicable, for each
establishment in which such drug or active pharmaceutical
ingredient of such drug is manufactured. A risk management
plan under this section shall be subject to inspection and
copying by the Secretary pursuant to an inspection or a
request under section 704(a)(4).''.
(c) Annual Notification.--Section 506E of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356e) is amended by adding
at the end the following:
``(d) Interagency Notification.--Not later than 180 days
after the date of enactment of this subsection, and every 90
days thereafter, the Secretary shall transmit a report
regarding the drugs of the current drug shortage list under
this section to the Administrator of the Centers for Medicare
& Medicaid Services.''.
(d) Reporting After Inspections.--Section 704(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(b)) is
amended--
(1) by redesignating paragraphs (1) and (2) and
subparagraphs (A) and (B);
(2) by striking ``(b) Upon completion'' and inserting
``(b)(1) Upon completion''; and
(3) by adding at the end the following:
``(2) In carrying out this subsection with respect to any
establishment manufacturing a drug approved under subsection
(c) or (j) of section 505 for which a notification has been
submitted in accordance with section 506C is, or has been in
the last 5 years, listed on the drug shortage list under
section 506E, or that is described in section 505(j)(11)(A),
a copy of the report shall be sent promptly to the
appropriate offices of the Food and Drug Administration with
expertise regarding drug shortages.''.
(e) Reporting Requirement.--Section 510(j) of the Federal
Food, Drug, Cosmetic Act (21 U.S.C. 360(j)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3)(A) Each person who registers with the Secretary under
this section with regard to a drug shall report annually to
the Secretary on the amount of each drug listed under
paragraph (1) that was manufactured, prepared, propagated,
compounded, or processed by such person for commercial
distribution. Such information may be required to be
submitted in an electronic format as determined by the
Secretary. The Secretary may require that information
required to be reported under this paragraph be submitted at
the time a public health emergency is declared by the
Secretary under section 319 of the Public Health Service Act.
``(B) By order of the Secretary, certain biological
products or categories of biological products regulated under
section 351 of the Public Health Service Act may be exempt
from some or all of the reporting requirements under
subparagraph (A), if the Secretary determines that applying
such reporting requirements to such biological products or
categories of biological products is not necessary to protect
the public health.''.
(f) Confidentiality.--Nothing in the amendments made by
this section shall be construed as authorizing the Secretary
to disclose any information that is a trade secret or
confidential information subject to section 552(b)(4) of
title 5, United States Code, or section 1905 of title 18,
United States Code.
(g) Effective Date.--The amendments made by this section
and section 3111 shall take effect on the date that is 180
days after the date of enactment of this Act.
Subpart C--Preventing Medical Device Shortages
SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION
OF MEDICAL DEVICES.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 351 et seq.) is amended by inserting after section
506I the following:
``SEC. 506J. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION
OF MEDICAL DEVICES.
``(a) In General.--A manufacturer of a device that--
``(1) is critical to public health during a public health
emergency, including devices that are life-supporting, life-
sustaining, or intended for use in emergency medical care or
during surgery; or
``(2) for which the Secretary determines that information
on potential meaningful supply disruptions of such device is
needed during, or in advance of, a public health emergency;
shall, during, or in advance of, a public health emergency
declared by the Secretary under section 319 of the Public
Health Service Act, notify the Secretary, in accordance with
subsection (b), of a permanent discontinuance in the
manufacture of the device (except for discontinuances as a
result of an approved modification of the device) or an
interruption of the manufacture of the device that is likely
to lead to a meaningful disruption in the supply of that
device in the United States, and the reasons for such
discontinuance or interruption.
``(b) Timing.--A notice required under subsection (a) shall
be submitted to the Secretary--
``(1) at least 6 months prior to the date of the
discontinuance or interruption; or
``(2) if compliance with paragraph (1) is not possible, as
soon as practicable.
``(c) Distribution.--
``(1) Public availability.--To the maximum extent
practicable, subject to paragraph (2), the Secretary shall
distribute, through such means as the Secretary determines
appropriate, information on the discontinuance or
interruption of the manufacture of devices reported under
subsection (a) to appropriate organizations, including
physician, health provider, patient organizations, and supply
chain partners, as appropriate and applicable, as described
in subsection (g).
``(2) Public health exception.--The Secretary may choose
not to make information collected under this section publicly
available pursuant to this section if the Secretary
determines that disclosure of such information would
adversely affect the public health, such as by increasing the
possibility of unnecessary over purchase of product,
component parts, or other disruption of the availability of
medical products to patients.
``(d) Confidentiality.--Nothing in this section shall be
construed as authorizing the Secretary to disclose any
information that is a trade secret or confidential
information subject to section 552(b)(4) of title 5, United
States Code, or section 1905 of title 18, United States Code.
``(e) Failure To Meet Requirements.--If a person fails to
submit information required under subsection (a) in
accordance with subsection (b)--
``(1) the Secretary shall issue a letter to such person
informing such person of such failure;
``(2) not later than 30 calendar days after the issuance of
a letter under paragraph (1), the person who receives such
letter shall submit to the Secretary a written response to
such letter setting forth the basis for noncompliance and
providing information required under subsection (a); and
``(3) not later than 45 calendar days after the issuance of
a letter under paragraph (1), the Secretary shall make such
letter and any response to such letter under paragraph (2)
available to the public on the internet website of the Food
and Drug Administration, with appropriate redactions made to
protect information described in subsection (d), except that,
if the Secretary determines that the letter under paragraph
(1) was issued in error or, after review of such response,
the person had a reasonable basis for not notifying as
required under subsection (a), the requirements of this
paragraph shall not apply.
``(f) Expedited Inspections and Reviews.--If, based on
notifications described in subsection (a) or any other
relevant information, the Secretary concludes that there is,
or is likely to be, a shortage of an device, the Secretary
shall, as appropriate--
``(1) prioritize and expedite the review of a submission
under section 513(f)(2), 515, review of a notification under
section 510(k), or 520(m) for a device that could help
mitigate or prevent such shortage; or
``(2) prioritize and expedite an inspection or reinspection
of an establishment that could help mitigate or prevent such
shortage.
``(g) Device Shortage List.--
``(1) Establishment.--The Secretary shall establish and
maintain an up-to-date list of devices that are determined by
the Secretary to be in shortage in the United States.
``(2) Contents.--For each device included on the list under
paragraph (1), the Secretary shall include the following
information:
``(A) The category or name of the device in shortage.
``(B) The name of each manufacturer of such device.
``(C) The reason for the shortage, as determined by the
Secretary, selecting from the following categories:
``(i) Requirements related to complying with good
manufacturing practices.
``(ii) Regulatory delay.
``(iii) Shortage or discontinuance of a component or part.
``(iv) Discontinuance of the manufacture of the device.
``(v) Delay in shipping of the device.
``(vi) Delay in sterilization of the device.
``(vii) Demand increase for the device.
``(viii) Facility closure.
``(D) The estimated duration of the shortage as determined
by the Secretary.
[[Page H1754]]
``(3) Public availability.--
``(A) In general.--Subject to subparagraphs (B) and (C),
the Secretary shall make the information in the list under
paragraph (1) publicly available.
``(B) Trade secrets and confidential information.--Nothing
in this subsection shall be construed to alter or amend
section 1905 of title 18, United States Code, or section
552(b)(4) of title 5 of such Code.
``(C) Public health exception.--The Secretary may elect not
to make information collected under this subsection publicly
available if the Secretary determines that disclosure of such
information would adversely affect the public health (such as
by increasing the possibility of hoarding or other disruption
of the availability of the device to patients).
``(h) Rule of Construction.--Nothing in this section shall
be construed to affect the authority of the Secretary on the
date of enactment of this section to expedite the review of
devices under section 515 of the Federal Food, Drug, and
Cosmetic Act, section 515B of such Act relating to the
priority review program for devices, and section 564 of such
Act relating to the emergency use authorization authorities.
``(i) Definitions.--In this section:
``(1) Meaningful disruption.--The term `meaningful
disruption'--
``(A) means a change in production that is reasonably
likely to lead to a reduction in the supply of a device by a
manufacturer that is more than negligible and affects the
ability of the manufacturer to fill orders or meet expected
demand for its product;
``(B) does not include interruptions in manufacturing due
to matters such as routine maintenance or insignificant
changes in manufacturing so long as the manufacturer expects
to resume operations in a short period of time, not to exceed
6 months;
``(C) does not include interruptions in manufacturing of
components or raw materials so long as such interruptions do
not result in a shortage of the device and the manufacturer
expects to resume operations in a reasonable period of time;
and
``(D) does not include interruptions in manufacturing that
do not lead to a reduction in procedures or diagnostic tests
associated with a medical device designed to perform more
than one procedure or diagnostic test.
``(2) Shortage.--The term `shortage', with respect to a
device, means a period of time when the demand or projected
demand for the device within the United States exceeds the
supply of the device.''.
PART II--ACCESS TO HEALTH CARE FOR COVID-19 PATIENTS
Subpart A--Coverage of Testing and Preventive Services
SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING FOR COVID-19.
Paragraph (1) of section 6001(a) of division F of the
Families First Coronavirus Response Act (Public Law 116-127)
is amended to read as follows:
``(1) An in vitro diagnostic test defined in section 809.3
of title 21, Code of Federal Regulations (or successor
regulations) for the detection of SARS-CoV-2 or the diagnosis
of the virus that causes COVID-19, and the administration of
such a test, that--
``(A) is approved, cleared, or authorized under section
510(k), 513, 515, or 564 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3);
``(B) the developer has requested, or intends to request,
emergency use authorization under section 564 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3), unless and
until the emergency use authorization request under such
section 564 has been denied or the developer of such test
does not submit a request under such section within a
reasonable timeframe;
``(C) is developed in and authorized by a State that has
notified the Secretary of Health and Human Services of its
intention to review tests intended to diagnose COVID-19; or
``(D) other test that the Secretary determines appropriate
in guidance.''.
SEC. 3202. PRICING OF DIAGNOSTIC TESTING.
(a) Reimbursement Rates.--A group health plan or a health
insurance issuer providing coverage of items and services
described in section 6001(a) of division F of the Families
First Coronavirus Response Act (Public Law 116-127) with
respect to an enrollee shall reimburse the provider of the
diagnostic testing as follows:
(1) If the health plan or issuer has a negotiated rate with
such provider in effect before the public health emergency
declared under section 319 of the Public Health Service Act
(42 U.S.C. 247d), such negotiated rate shall apply throughout
the period of such declaration.
(2) If the health plan or issuer does not have a negotiated
rate with such provider, such plan or issuer shall reimburse
the provider in an amount that equals the cash price for such
service as listed by the provider on a public internet
website, or such plan or issuer may negotiate a rate with
such provider for less than such cash price.
(b) Requirement to Publicize Cash Price for Diagnostic
Testing for COVID-19.--
(1) In general.--During the emergency period declared under
section 319 of the Public Health Service Act (42 U.S.C.
247d), each provider of a diagnostic test for COVID-19 shall
make public the cash price for such test on a public internet
website of such provider.
(2) Civil monetary penalties.--The Secretary of Health and
Human Services may impose a civil monetary penalty on any
provider of a diagnostic test for COVID-19 that is not in
compliance with paragraph (1) and has not completed a
corrective action plan to comply with the requirements of
such paragraph, in an amount not to exceed $300 per day that
the violation is ongoing.
SEC. 3203. RAPID COVERAGE OF PREVENTIVE SERVICES AND VACCINES
FOR CORONAVIRUS.
(a) In General.--Notwithstanding 2713(b) of the Public
Health Service Act (42 U.S.C. 300gg-13), the Secretary of
Health and Human Services, the Secretary of Labor, and the
Secretary of the Treasury shall require group health plans
and health insurance issuers offering group or individual
health insurance to cover (without cost-sharing) any
qualifying coronavirus preventive service, pursuant to
section 2713(a) of the Public Health Service Act (42 U.S.C.
300gg-13(a)) (including the regulations under sections
2590.715-2713 of title 29, Code of Federal Regulations,
section 54.9815-2713 of title 26, Code of Federal
Regulations, and section 147.130 of title 45, Code of Federal
Regulations (or any successor regulations)). The requirement
described in this subsection shall take effect with respect
to a qualifying coronavirus preventive service on the
specified date described in subsection (b)(2).
(b) Definitions.--For purposes of this section:
(1) Qualifying coronavirus preventive service.--The term
``qualifying coronavirus preventive service'' means an item,
service, or immunization that is intended to prevent or
mitigate coronavirus disease 2019 and that is--
(A) an evidence-based item or service that has in effect a
rating of ``A'' or ``B'' in the current recommendations of
the United States Preventive Services Task Force; or
(B) an immunization that has in effect a recommendation
from the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention with respect to
the individual involved.
(2) Specified date.--The term ``specified date'' means the
date that is 15 business days after the date on which a
recommendation is made relating to the qualifying coronavirus
preventive service as described in such paragraph.
(3) Additional terms.--In this section, the terms ``group
health plan'', ``health insurance issuer'', ``group health
insurance coverage'', and ``individual health insurance
coverage'' have the meanings given such terms in section 2791
of the Public Health Service Act (42 U.S.C. 300gg-91),
section 733 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1191b), and section 9832 of the Internal
Revenue Code, as applicable.
Subpart B--Support for Health Care Providers
SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS.
(a) Supplemental Awards.--Section 330(r) of the Public
Health Service Act (42 U.S.C. 254b(r)) is amended by adding
at the end the following:
``(6) Additional amounts for supplemental awards.--In
addition to any amounts made available pursuant to this
subsection, section 402A of this Act, or section 10503 of the
Patient Protection and Affordable Care Act, there is
authorized to be appropriated, and there is appropriated, out
of any monies in the Treasury not otherwise appropriated,
$1,320,000,000 for fiscal year 2020 for supplemental awards
under subsection (d) for the detection of SARS-CoV-2 or the
prevention, diagnosis, and treatment of COVID-19.''.
(b) Application of Provisions.--Amounts appropriated
pursuant to the amendment made by subsection (a) for fiscal
year 2020 shall be subject to the requirements contained in
Public Law 116-94 for funds for programs authorized under
sections 330 through 340 of the Public Health Service Act (42
U.S.C. 254 through 256).
SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS
GRANT PROGRAMS.
Section 330I of the Public Health Service Act (42 U.S.C.
254c-14) is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``projects to demonstrate how telehealth technologies can be
used through telehealth networks'' and inserting ``evidence-
based projects that utilize telehealth technologies through
telehealth networks'';
(ii) in subparagraph (A)--
(I) by striking ``the quality of'' and inserting ``access
to, and the quality of,''; and
(II) by inserting ``and'' after the semicolon;
(iii) by striking subparagraph (B);
(iv) by redesignating subparagraph (C) as subparagraph (B);
and
(v) in subparagraph (B), as so redesignated, by striking
``and patients and their families, for decisionmaking'' and
inserting ``, patients, and their families''; and
(B) in paragraph (2)--
(i) by striking ``demonstrate how telehealth technologies
can be used'' and inserting ``support initiatives that
utilize telehealth technologies''; and
(ii) by striking ``, to establish telehealth resource
centers'';
(2) in subsection (e), by striking ``4 years'' and
inserting ``5 years'';
(3) in subsection (f)--
(A) by striking paragraph (2);
(B) in paragraph (1)(B)--
(i) by redesignating clauses (i) through (iii) as
paragraphs (1) through (3), respectively, and adjusting the
margins accordingly;
(ii) in paragraph (3), as so redesignated by clause (i), by
redesignating subclauses (I) through (XII) as subparagraphs
(A) through (L), respectively, and adjusting the margins
accordingly; and
(iii) by striking ``(1) Telehealth network grants--'' and
all that follows through ``(B) Telehealth networks--''; and
(C) in paragraph (3)(I), as so redesignated, by inserting
``and substance use disorder'' after ``mental health'' each
place such term appears;
(4) in subsection (g)(2), by striking ``or improve'' and
inserting ``and improve'';
[[Page H1755]]
(5) by striking subsection (h);
(6) by redesignating subsections (i) through (p) as
subsection (h) through (o), respectively;
(7) in subsection (h), as so redesignated--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``mental health,
public health, long-term care, home care, preventive'' and
inserting ``mental health care, public health services, long-
term care, home care, preventive care'';
(ii) in subparagraph (E), by inserting ``and regional''
after ``local''; and
(iii) by striking subparagraph (F); and
(B) in paragraph (2)(A), by striking ``medically
underserved areas or'' and inserting ``rural areas, medically
underserved areas, or'';
(8) in paragraph (2) of subsection (i), as so redesignated,
by striking ``ensure that--'' and all that follows through
the end of subparagraph (B) and inserting ``ensure that not
less than 50 percent of the funds awarded shall be awarded
for projects in rural areas.'';
(9) in subsection (j), as so redesignated--
(A) in paragraph (1)(B), by striking ``computer hardware
and software, audio and video equipment, computer network
equipment, interactive equipment, data terminal equipment,
and other''; and
(B) in paragraph (2)(F), by striking ``health care
providers and'';
(10) in subsection (k), as so redesignated--
(A) in paragraph (2), by striking ``40 percent'' and
inserting ``20 percent''; and
(B) in paragraph (3), by striking ``(such as laying cable
or telephone lines, or purchasing or installing microwave
towers, satellite dishes, amplifiers, or digital switching
equipment)'';
(11) by striking subsections (q) and (r) and inserting the
following:
``(p) Report.--Not later than 4 years after the date of
enactment of the Coronavirus Aid, Relief, and Economic
Security Act, and every 5 years thereafter, the Secretary
shall prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the activities and outcomes of
the grant programs under subsection (b).'';
(12) by redesignating subsection (s) as subsection (q); and
(13) in subsection (q), as so redesignated, by striking
``this section--'' and all that follows through the end of
paragraph (2) and inserting ``this section $29,000,000 for
each of fiscal years 2021 through 2025.''.
SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH
NETWORK DEVELOPMENT, AND SMALL HEALTH CARE
PROVIDER QUALITY IMPROVEMENT GRANT PROGRAMS.
Section 330A of the Public Health Service Act (42 U.S.C.
254c) is amended--
(1) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``essential'' and
inserting ``basic''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by inserting ``to''
after ``grants''; and
(ii) in clauses (i), (ii), and (iii), by striking ``to''
each place such term appears;
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by inserting ``improving and'' after ``outreach by'';
(ii) by inserting ``, through community engagement and
evidence-based or innovative, evidence-informed models''
before the period of the first sentence; and
(iii) by striking ``3 years'' and inserting ``5 years'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``shall'' after ``entity'';
(ii) in subparagraph (A), by striking ``shall be a rural
public or rural nonprofit private entity'' and inserting ``be
an entity with demonstrated experience serving, or the
capacity to serve, rural underserved populations'';
(iii) in subparagraphs (B) and (C), by striking ``shall''
each place such term appears; and
(iv) in subparagraph (B)--
(I) in the matter preceding clause (i), by inserting
``that'' after ``members''; and
(II) in clauses (i) and (ii), by striking ``that'' each
place such term appears; and
(C) in paragraph (3)(C), by striking ``the local community
or region'' and inserting ``the rural underserved populations
in the local community or region'';
(3) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``promote, through planning and implementation, the
development of integrated health care networks that have
combined the functions of the entities participating in the
networks'' and inserting ``plan, develop, and implement
integrated health care networks that collaborate''; and
(II) in clause (ii), by striking ``essential health care
services'' and inserting ``basic health care services and
associated health outcomes''; and
(ii) by amending subparagraph (B) to read as follows:
``(B) Grant periods.--The Director may award grants under
this subsection for periods of not more than 5 years.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``shall'' after ``entity'';
(ii) in subparagraph (A), by striking ``shall be a rural
public or rural nonprofit private entity'' and inserting ``be
an entity with demonstrated experience serving, or the
capacity to serve, rural underserved populations'';
(iii) in subparagraph (B)--
(I) in the matter preceding clause (i)--
(aa) by striking ``shall''; and
(bb) by inserting ``that'' after ``participants''; and
(II) in clauses (i) and (ii), by striking ``that'' each
place such term appears; and
(iv) in subparagraph (C), by striking ``shall''; and
(C) in paragraph (3)--
(i) by amending clause (iii) of subparagraph (C) to read as
follows:
``(iii) how the rural underserved populations in the local
community or region to be served will benefit from and be
involved in the development and ongoing operations of the
network;''; and
(ii) in subparagraph (D), by striking ``the local community
or region'' and inserting ``the rural underserved populations
in the local community or region'';
(4) in subsection (g)--
(A) in paragraph (1)--
(i) by inserting ``, including activities related to
increasing care coordination, enhancing chronic disease
management, and improving patient health outcomes'' before
the period of the first sentence; and
(ii) by striking ``3 years'' and inserting ``5 years'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``shall'' after ``entity'';
(ii) in subparagraphs (A) and (B), by striking ``shall''
each place such term appears; and
(iii) in subparagraph (A)(ii), by inserting ``or regional''
after ``local''; and
(C) in paragraph (3)(D), by striking ``the local community
or region'' and inserting ``the rural underserved populations
in the local community or region'';
(5) in subsection (h)(3), in the matter preceding
subparagraph (A), by inserting ``, as appropriate,'' after
``the Secretary'';
(6) by amending subsection (i) to read as follows:
``(i) Report.--Not later than 4 years after the date of
enactment of the Coronavirus Aid, Relief, and Economic
Security Act, and every 5 years thereafter, the Secretary
shall prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the activities and outcomes of
the grant programs under subsections (e), (f), and (g),
including the impact of projects funded under such programs
on the health status of rural residents with chronic
conditions.''; and
(7) in subsection (j), by striking ``$45,000,000 for each
of fiscal years 2008 through 2012'' and inserting
``$79,500,000 for each of fiscal years 2021 through 2025''.
SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION.
(a) Commissioned Corps and Ready Reserve Corps.--Section
203 of the Public Health Service Act (42 U.S.C. 204) is
amended--
(1) in subsection (a)(1), by striking ``a Ready Reserve
Corps for service in time of national emergency'' and
inserting ``, for service in time of a public health or
national emergency, a Ready Reserve Corps''; and
(2) in subsection (c)--
(A) in the heading, by striking ``Research'' and inserting
``Reserve Corps'';
(B) in paragraph (1), by inserting ``during public health
or national emergencies'' before the period;
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``, consistent with paragraph (1)'' after ``shall'';
(ii) in subparagraph (C), by inserting ``during such
emergencies'' after ``members''; and
(iii) in subparagraph (D), by inserting ``, consistent with
subparagraph (C)'' before the period; and
(D) by adding at the end the following:
``(3) Statutory references to reserve.--A reference in any
Federal statute, except in the case of subsection (b), to the
`Reserve Corps' of the Public Health Service or to the
`reserve' of the Public Health Service shall be deemed to be
a reference to the Ready Reserve Corps.''.
(b) Deployment Readiness.--Section 203A(a)(1)(B) of the
Public Health Service Act (42 U.S.C. 204a(a)(1)(B)) is
amended by striking ``Active Reserves'' and inserting ``Ready
Reserve Corps''.
(c) Retirement of Commissioned Officers.--Section 211 of
the Public Health Service Act (42 U.S.C. 212) is amended--
(1) by striking ``the Service'' each place it appears and
inserting ``the Regular Corps'';
(2) in subsection (a)(4), by striking ``(in the case of an
officer in the Reserve Corps)'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``or an officer of the Reserve Corps''; and
(ii) by inserting ``or under section 221(a)(19)'' after
``subsection (a)''; and
(B) in paragraph (2), by striking ``Regular or Reserve
Corps'' and inserting ``Regular Corps or Ready Reserve
Corps''; and
(4) in subsection (f), by striking ``the Regular or Reserve
Corps of''.
(d) Rights, Privileges, etc. of Officers and Surviving
Beneficiaries.--Section 221 of the Public Health Service Act
(42 U.S.C. 213a) is amended--
(1) in subsection (a), by adding at the end the following:
``(19) Chapter 1223, Retired Pay for Non-Regular Service.
``(20) Section 12601, Compensation: Reserve on active duty
accepting from any person.
``(21) Section 12684, Reserves: separation for absence
without authority or sentence to imprisonment.''; and
(2) in subsection (b)--
(A) by striking ``Secretary of Health, Education, and
Welfare or his designee'' and inserting ``Secretary of Health
and Human Services or the designee of such secretary'';
(B) by striking ``(b) The authority vested'' and inserting
the following:
[[Page H1756]]
``(b)(1) The authority vested'';
(C) by striking ``For purposes of'' and inserting the
following:
``(2) For purposes of''; and
(D) by adding at the end the following:
``(3) For purposes of paragraph (19) of subsection (a), the
terms `Military department', `Secretary concerned', and
`Armed forces' in such title 10 shall be deemed to include,
respectively, the Department of Health and Human Services,
the Secretary of Health and Human Services, and the
Commissioned Corps.''.
(e) Technical Amendments.--Title II of the Public Health
Service Act (42 U.S.C. 202 et seq.) is amended--
(1) in sections 204 and 207(c), by striking ``Regular or
Reserve Corps'' each place it appears and inserting ``Regular
Corps or Ready Reserve Corps'';
(2) in section 208(a), by striking ``Regular and Reserve
Corps'' each place it appears and inserting ``Regular Corps
and Ready Reserve Corps''; and
(3) in section 205(c), 206(c), 210, and 219, and in
subsections (a), (b), and (d) of section 207, by striking
``Reserve Corps'' each place it appears and inserting ``Ready
Reserve Corps''.
SEC. 3215. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS DURING COVID-19 EMERGENCY
RESPONSE.
(a) Limitation on Liability.--Except as provided in
subsection (b), a health care professional shall not be
liable under Federal or State law for any harm caused by an
act or omission of the professional in the provision of
health care services during the public health emergency with
respect to COVID-19 declared by the Secretary of Health and
Human Services (referred to in this section as the
``Secretary'') under section 319 of the Public Health Service
Act (42 U.S.C. 247d) on January 31, 2020, if--
(1) the professional is providing health care services in
response to such public health emergency, as a volunteer; and
(2) the act or omission occurs--
(A) in the course of providing health care services;
(B) in the health care professional's capacity as a
volunteer;
(C) in the course of providing health care services that--
(i) are within the scope of the license, registration, or
certification of the volunteer, as defined by the State of
licensure, registration, or certification; and
(ii) do not exceed the scope of license, registration, or
certification of a substantially similar health professional
in the State in which such act or omission occurs; and
(D) in a good faith belief that the individual being
treated is in need of health care services.
(b) Exceptions.--Subsection (a) does not apply if--
(1) the harm was caused by an act or omission constituting
willful or criminal misconduct, gross negligence, reckless
misconduct, or a conscious flagrant indifference to the
rights or safety of the individual harmed by the health care
professional; or
(2) the health care professional rendered the health care
services under the influence (as determined pursuant to
applicable State law) of alcohol or an intoxicating drug.
(c) Preemption.--
(1) In general.--This section preempts the laws of a State
or any political subdivision of a State to the extent that
such laws are inconsistent with this section, unless such
laws provide greater protection from liability.
(2) Volunteer protection act.--Protections afforded by this
section are in addition to those provided by the Volunteer
Protection Act of 1997 (Public Law 105-19).
(d) Definitions.--In this section--
(1) the term ``harm'' includes physical, nonphysical,
economic, and noneconomic losses;
(2) the term ``health care professional'' means an
individual who is licensed, registered, or certified under
Federal or State law to provide health care services;
(3) the term ``health care services'' means any services
provided by a health care professional, or by any individual
working under the supervision of a health care professional
that relate to--
(A) the diagnosis, prevention, or treatment of COVID-19; or
(B) the assessment or care of the health of a human being
related to an actual or suspected case of COVID-19; and
(4) the term ``volunteer'' means a health care professional
who, with respect to the health care services rendered, does
not receive compensation or any other thing of value in lieu
of compensation, which compensation--
(A) includes a payment under any insurance policy or health
plan, or under any Federal or State health benefits program;
and
(B) excludes--
(i) receipt of items to be used exclusively for rendering
health care services in the health care professional's
capacity as a volunteer described in subsection (a)(1); and
(ii) any reimbursement for travel to the site where the
volunteer services are rendered and any payments in cash or
kind to cover room and board, if services are being rendered
more than 75 miles from the volunteer's principal place of
residence.
(e) Effective Date.--This section shall take effect upon
the date of enactment of this Act, and applies to a claim for
harm only if the act or omission that caused such harm
occurred on or after the date of enactment.
(f) Sunset.--This section shall be in effect only for the
length of the public health emergency declared by the
Secretary of Health and Human Services (referred to in this
section as the ``Secretary'') under section 319 of the Public
Health Service Act (42 U.S.C. 247d) on January 31, 2020 with
respect to COVID-19.
SEC. 3216. FLEXIBILITY FOR MEMBERS OF NATIONAL HEALTH SERVICE
CORPS DURING EMERGENCY PERIOD.
During the public health emergency declared by the
Secretary of Health and Human Services under section 319 of
the Public Health Service Act (42 U.S.C. 247d) on January 31,
2020, with respect to COVID-19, the Secretary may,
notwithstanding section 333 of the Public Health Service Act
(42 U.S.C. 254f), assign members of the National Health
Service Corps, with the voluntary agreement of such corps
members, to provide such health services at such places, and
for such number of hours, as the Secretary determines
necessary to respond to such emergency, provided that such
places are within a reasonable distance of the site to which
such members were originally assigned, and the total number
of hours required are the same as were required of such
members prior to the date of enactment of this Act.
Subpart C--Miscellaneous Provisions
SEC. 3221. CONFIDENTIALITY AND DISCLOSURE OF RECORDS RELATING
TO SUBSTANCE USE DISORDER.
(a) Conforming Changes Relating to Substance Use
Disorder.--Subsections (a) and (h) of section 543 of the
Public Health Service Act (42 U.S.C. 290dd-2) are each
amended by striking ``substance abuse'' and inserting
``substance use disorder''.
(b) Disclosures to Covered Entities Consistent With
HIPAA.--Paragraph (1) of section 543(b) of the Public Health
Service Act (42 U.S.C. 290dd-2(b)) is amended to read as
follows:
``(1) Consent.--The following shall apply with respect to
the contents of any record referred to in subsection (a):
``(A) Such contents may be used or disclosed in accordance
with the prior written consent of the patient with respect to
whom such record is maintained.
``(B) Once prior written consent of the patient has been
obtained, such contents may be used or disclosed by a covered
entity, business associate, or a program subject to this
section for purposes of treatment, payment, and health care
operations as permitted by the HIPAA regulations. Any
information so disclosed may then be redisclosed in
accordance with the HIPAA regulations. Section 13405(c) of
the Health Information Technology and Clinical Health Act (42
U.S.C. 17935(c)) shall apply to all disclosures pursuant to
subsection (b)(1) of this section.
``(C) It shall be permissible for a patient's prior written
consent to be given once for all such future uses or
disclosures for purposes of treatment, payment, and health
care operations, until such time as the patient revokes such
consent in writing.
``(D) Section 13405(a) of the Health Information Technology
and Clinical Health Act (42 U.S.C. 17935(a)) shall apply to
all disclosures pursuant to subsection (b)(1) of this
section.''.
(c) Disclosures of De-Identified Health Information to
Public Health Authorities.--Paragraph (2) of section 543(b)
of the Public Health Service Act (42 U.S.C. 290dd-2(b)), is
amended by adding at the end the following:
``(D) To a public health authority, so long as such content
meets the standards established in section 164.514(b) of
title 45, Code of Federal Regulations (or successor
regulations) for creating de-identified information.''.
(d) Definitions.--Section 543 of the Public Health Service
Act (42 U.S.C. 290dd-2) is amended by adding at the end the
following:
``(k) Definitions.--For purposes of this section:
``(1) Breach.--The term `breach' has the meaning given such
term for purposes of the HIPAA regulations.
``(2) Business associate.--The term `business associate'
has the meaning given such term for purposes of the HIPAA
regulations.
``(3) Covered entity.--The term `covered entity' has the
meaning given such term for purposes of the HIPAA
regulations.
``(4) Health care operations.--The term `health care
operations' has the meaning given such term for purposes of
the HIPAA regulations.
``(5) HIPAA regulations.--The term `HIPAA regulations' has
the meaning given such term for purposes of parts 160 and 164
of title 45, Code of Federal Regulations.
``(6) Payment.--The term `payment' has the meaning given
such term for purposes of the HIPAA regulations.
``(7) Public health authority.--The term `public health
authority' has the meaning given such term for purposes of
the HIPAA regulations.
``(8) Treatment.--The term `treatment' has the meaning
given such term for purposes of the HIPAA regulations.
``(9) Unsecured protected health information.--The term
`unprotected health information' has the meaning given such
term for purposes of the HIPAA regulations.''.
(e) Use of Records in Criminal, Civil, or Administrative
Investigations, Actions, or Proceedings.--Subsection (c) of
section 543 of the Public Health Service Act (42 U.S.C.
290dd-2(c)) is amended to read as follows:
``(c) Use of Records in Criminal, Civil, or Administrative
Contexts.--Except as otherwise authorized by a court order
under subsection (b)(2)(C) or by the consent of the patient,
a record referred to in subsection (a), or testimony relaying
the information contained therein, may not be disclosed or
used in any civil, criminal, administrative, or legislative
proceedings conducted by any Federal, State, or local
authority, against a patient, including with respect to the
following activities:
``(1) Such record or testimony shall not be entered into
evidence in any criminal prosecution or civil action before a
Federal or State court.
``(2) Such record or testimony shall not form part of the
record for decision or otherwise be taken into account in any
proceeding before a Federal, State, or local agency.
[[Page H1757]]
``(3) Such record or testimony shall not be used by any
Federal, State, or local agency for a law enforcement purpose
or to conduct any law enforcement investigation.
``(4) Such record or testimony shall not be used in any
application for a warrant.''.
(f) Penalties.--Subsection (f) of section 543 of the Public
Health Service Act (42 U.S.C. 290dd-2) is amended to read as
follows:
``(f) Penalties.--The provisions of sections 1176 and 1177
of the Social Security Act shall apply to a violation of this
section to the extent and in the same manner as such
provisions apply to a violation of part C of title XI of such
Act. In applying the previous sentence--
``(1) the reference to `this subsection' in subsection
(a)(2) of such section 1176 shall be treated as a reference
to `this subsection (including as applied pursuant to section
543(f) of the Public Health Service Act)'; and
``(2) in subsection (b) of such section 1176--
``(A) each reference to `a penalty imposed under subsection
(a)' shall be treated as a reference to `a penalty imposed
under subsection (a) (including as applied pursuant to
section 543(f) of the Public Health Service Act)'; and
``(B) each reference to `no damages obtained under
subsection (d)' shall be treated as a reference to `no
damages obtained under subsection (d) (including as applied
pursuant to section 543(f) of the Public Health Service
Act)'.''.
(g) Antidiscrimination.--Section 543 of the Public Health
Service Act (42 U.S.C. 290dd-2) is amended by inserting after
subsection (h) the following:
``(i) Antidiscrimination.--
``(1) In general.--No entity shall discriminate against an
individual on the basis of information received by such
entity pursuant to an inadvertent or intentional disclosure
of records, or information contained in records, described in
subsection (a) in--
``(A) admission, access to, or treatment for health care;
``(B) hiring, firing, or terms of employment, or receipt of
worker's compensation;
``(C) the sale, rental, or continued rental of housing;
``(D) access to Federal, State, or local courts; or
``(E) access to, approval of, or maintenance of social
services and benefits provided or funded by Federal, State,
or local governments.
``(2) Recipients of federal funds.--No recipient of Federal
funds shall discriminate against an individual on the basis
of information received by such recipient pursuant to an
intentional or inadvertent disclosure of such records or
information contained in records described in subsection (a)
in affording access to the services provided with such
funds.''.
(h) Notification in Case of Breach.--Section 543 of the
Public Health Service Act (42 U.S.C. 290dd-2), as amended by
subsection (g), is further amended by inserting after
subsection (i) the following:
``(j) Notification in Case of Breach.--The provisions of
section 13402 of the HITECH Act (42 U.S.C. 17932) shall apply
to a program or activity described in subsection (a), in case
of a breach of records described in subsection (a), to the
same extent and in the same manner as such provisions apply
to a covered entity in the case of a breach of unsecured
protected health information.''.
(i) Regulations.--
(1) In general.--The Secretary of Health and Human
Services, in consultation with appropriate Federal agencies,
shall make such revisions to regulations as may be necessary
for implementing and enforcing the amendments made by this
section, such that such amendments shall apply with respect
to uses and disclosures of information occurring on or after
the date that is 12 months after the date of enactment of
this Act.
(2) Easily understandable notice of privacy practices.--Not
later than 1 year after the date of enactment of this Act,
the Secretary of Health and Human Services, in consultation
with appropriate legal, clinical, privacy, and civil rights
experts, shall update section 164.520 of title 45, Code of
Federal Regulations, so that covered entities and entities
creating or maintaining the records described in subsection
(a) provide notice, written in plain language, of privacy
practices regarding patient records referred to in section
543(a) of the Public Health Service Act (42 U.S.C. 290dd-
2(a)), including--
(A) a statement of the patient's rights, including self-pay
patients, with respect to protected health information and a
brief description of how the individual may exercise these
rights (as required by subsection (b)(1)(iv) of such section
164.520); and
(B) a description of each purpose for which the covered
entity is permitted or required to use or disclose protected
health information without the patient's written
authorization (as required by subsection (b)(2) of such
section 164.520).
(j) Rules of Construction.--Nothing in this Act or the
amendments made by this Act shall be construed to limit--
(1) a patient's right, as described in section 164.522 of
title 45, Code of Federal Regulations, or any successor
regulation, to request a restriction on the use or disclosure
of a record referred to in section 543(a) of the Public
Health Service Act (42 U.S.C. 290dd-2(a)) for purposes of
treatment, payment, or health care operations; or
(2) a covered entity's choice, as described in section
164.506 of title 45, Code of Federal Regulations, or any
successor regulation, to obtain the consent of the individual
to use or disclose a record referred to in such section
543(a) to carry out treatment, payment, or health care
operation.
(k) Sense of Congress.--It is the sense of the Congress
that--
(1) any person treating a patient through a program or
activity with respect to which the confidentiality
requirements of section 543 of the Public Health Service Act
(42 U.S.C. 290dd-2) apply is encouraged to access the
applicable State-based prescription drug monitoring program
when clinically appropriate;
(2) patients have the right to request a restriction on the
use or disclosure of a record referred to in section 543(a)
of the Public Health Service Act (42 U.S.C. 290dd-2(a)) for
treatment, payment, or health care operations;
(3) covered entities should make every reasonable effort to
the extent feasible to comply with a patient's request for a
restriction regarding such use or disclosure;
(4) for purposes of applying section 164.501 of title 45,
Code of Federal Regulations, the definition of health care
operations shall have the meaning given such term in such
section, except that clause (v) of paragraph (6) shall not
apply; and
(5) programs creating records referred to in section 543(a)
of the Public Health Service Act (42 U.S.C. 290dd-2(a))
should receive positive incentives for discussing with their
patients the benefits to consenting to share such records.
SEC. 3222. NUTRITION SERVICES.
(a) Definitions.--In this section, the terms ``Assistant
Secretary'', ``Secretary'', ``State agency'', and ``area
agency on aging'' have the meanings given the terms in
section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002).
(b) Nutrition Services Transfer Criteria.--During any
portion of the COVID-19 public health emergency declared
under section 319 of the Public Health Service Act (42 U.S.C.
247d), the Secretary shall allow a State agency or an area
agency on aging, without prior approval, to transfer not more
than 100 percent of the funds received by the State agency or
area agency on aging, respectively, and attributable to funds
appropriated under paragraph (1) or (2) of section 303(b) of
the Older Americans Act of 1965 (42 U.S.C. 3023(b)), between
subpart 1 and subpart 2 of part C (42 U.S.C. 3030d-2 et seq.)
for such use as the State agency or area agency on aging,
respectively, considers appropriate to meet the needs of the
State or area served.
(c) Home-delivered Nutrition Services Waiver.--For purposes
of State agencies' determining the delivery of nutrition
services under section 337 of the Older Americans Act of 1965
(42 U.S.C. 3030g), during the period of the COVID-19 public
health emergency declared under section 319 of the Public
Health Service Act (42 U.S.C. 247d), the same meaning shall
be given to an individual who is unable to obtain nutrition
because the individual is practicing social distancing due to
the emergency as is given to an individual who is homebound
by reason of illness.
(d) Dietary Guidelines Waiver.--To facilitate
implementation of subparts 1 and 2 of part C of title III of
the Older Americans Act of 1965 (42 U.S.C. 3030d-2 et seq.)
during any portion of the COVID-19 public health emergency
declared under section 319 of the Public Health Service Act
(42 U.S.C. 247d), the Assistant Secretary may waive the
requirements for meals provided under those subparts to
comply with the requirements of clauses (i) and (ii) of
section 339(2)(A) of such Act (42 U.S.C. 3030g-21(2)(A)).
SEC. 3223. CONTINUITY OF SERVICE AND OPPORTUNITIES FOR
PARTICIPANTS IN COMMUNITY SERVICE ACTIVITIES
UNDER TITLE V OF THE OLDER AMERICANS ACT OF
1965.
To ensure continuity of service and opportunities for
participants in community service activities under title V of
the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the
Secretary of Labor--
(1)(A) may allow individuals participating in projects
under such title as of March 1, 2020, to extend their
participation for a period that exceeds the period described
in section 518(a)(3)(B)(i) of such Act (42 U.S.C.
3056p(a)(3)(B)(i)) if the Secretary determines such extension
is appropriate due to the effects of the COVID-19 public
health emergency declared under section 319 of the Public
Health Service Act (42 U.S.C. 247d); and
(B) may increase the average participation cap for eligible
individuals applicable to grantees as described in section
502(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C.
3056(b)(1)(C)) to a cap the Secretary determines is
appropriate due to the effects of the COVID-19 public health
emergency declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d); and
(2) may increase the amount available to pay the authorized
administrative costs for a project, described in section
502(c)(3) of the Older Americans Act of 1965 (42 U.S.C.
3056(c)(3)) to an amount not to exceed 20 percent of the
grant amount if the Secretary determines that such increase
is necessary to adequately respond to the additional
administrative needs to respond to the COVID-19 public health
emergency declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d).
SEC. 3224. GUIDANCE ON PROTECTED HEALTH INFORMATION.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Health and Human Services shall issue
guidance on the sharing of patients' protected health
information pursuant to section 160.103 of title 45, Code of
Federal Regulations (or any successor regulations) during the
public health emergency declared by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d) with respect to COVID-19, during
the emergency involving Federal primary responsibility
determined to exist by the President under section 501(b) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191(b)) with respect to COVID-19,
and during the national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et seq.)
[[Page H1758]]
with respect to COVID-19. Such guidance shall include
information on compliance with the regulations promulgated
pursuant to section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
note) and applicable policies, including such policies that
may come into effect during such emergencies.
SEC. 3225. REAUTHORIZATION OF HEALTHY START PROGRAM.
Section 330H of the Public Health Service Act (42 U.S.C.
254c-8) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``, during fiscal year
2001 and subsequent years,''; and
(B) in paragraph (2), by inserting ``or increasing above
the national average'' after ``areas with high'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``consumers of project
services, public health departments, hospitals, health
centers under section 330'' and inserting ``participants and
former participants of project services, public health
departments, hospitals, health centers under section 330,
State substance abuse agencies''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``such as low
birthweight'' and inserting ``including poor birth outcomes
(such as low birthweight and preterm birth) and social
determinants of health'';
(ii) by redesignating subparagraph (B) as subparagraph (C);
(iii) by inserting after subparagraph (A), the following:
``(B) Communities with--
``(i) high rates of infant mortality or poor perinatal
outcomes; or
``(ii) high rates of infant mortality or poor perinatal
outcomes in specific subpopulations within the community.'';
and
(iv) in subparagraph (C) (as so redesignated)--
(I) by redesignating clauses (i) and (ii) as clauses (ii)
and (iii), respectively;
(II) by inserting before clause (ii) (as so redesignated)
the following:
``(i) collaboration with the local community in the
development of the project;'';
(III) in clause (ii) (as so redesignated), by striking
``and'' at the end;
(IV) in clause (iii) (as so redesignated), by striking the
period and inserting ``; and''; and
(V) by adding at the end the following:
``(iv) the use and collection of data demonstrating the
effectiveness of such program in decreasing infant mortality
rates and improving perinatal outcomes, as applicable, or the
process by which new applicants plan to collect this data.'';
(3) in subsection (c)--
(A) by striking ``Recipients of grants'' and inserting the
following:
``(1) In general.--Recipients of grants''; and
(B) by adding at the end the following:
``(2) Other programs.--The Secretary shall ensure
coordination of the program carried out pursuant to this
section with other programs and activities related to the
reduction of the rate of infant mortality and improved
perinatal and infant health outcomes supported by the
Department.'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``appropriated--'' and
all that follows through the end and inserting ``appropriated
$125,500,000 for each of fiscal years 2021 through 2025.'';
and
(B) in paragraph (2)(B), by adding at the end the
following: ``Evaluations may also include, to the extent
practicable, information related to--
``(i) progress toward achieving any grant metrics or
outcomes related to reducing infant mortality rates,
improving perinatal outcomes, or reducing the disparity in
health status;
``(ii) recommendations on potential improvements that may
assist with addressing gaps, as applicable and appropriate;
and
``(iii) the extent to which the grantee coordinated with
the community in which the grantee is located in the
development of the project and delivery of services,
including with respect to technical assistance and mentorship
programs.''; and
(5) by adding at the end the following:
``(f) GAO Report.--
``(1) In general.--Not later than 4 years after the date of
the enactment of this subsection, the Comptroller General of
the United States shall conduct an independent evaluation,
and submit to the appropriate Committees of Congress a
report, concerning the Healthy Start program under this
section.
``(2) Evaluation.--In conducting the evaluation under
paragraph (1), the Comptroller General shall consider, as
applicable and appropriate, information from the evaluations
under subsection (e)(2)(B).
``(3) Report.--The report described in paragraph (1) shall
review, assess, and provide recommendations, as appropriate,
on the following:
``(A) The allocation of Healthy Start program grants by the
Health Resources and Services Administration, including
considerations made by such Administration regarding
disparities in infant mortality or perinatal outcomes among
urban and rural areas in making such awards.
``(B) Trends in the progress made toward meeting the
evaluation criteria pursuant to subsection (e)(2)(B),
including programs which decrease infant mortality rates and
improve perinatal outcomes, programs that have not decreased
infant mortality rates or improved perinatal outcomes, and
programs that have made an impact on disparities in infant
mortality or perinatal outcomes.
``(C) The ability of grantees to improve health outcomes
for project participants, promote the awareness of the
Healthy Start program services, incorporate and promote
family participation, facilitate coordination with the
community in which the grantee is located, and increase
grantee accountability through quality improvement,
performance monitoring, evaluation, and the effect such
metrics may have toward decreasing the rate of infant
mortality and improving perinatal outcomes.
``(D) The extent to which such Federal programs are
coordinated across agencies and the identification of
opportunities for improved coordination in such Federal
programs and activities.''.
SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
carry out a national campaign to improve awareness of, and
support outreach to the public and health care providers
about the importance and safety of blood donation and the
need for donations for the blood supply during the public
health emergency declared by the Secretary under section 319
of the Public Health Service Act (42 U.S.C. 247d) with
respect to COVID-19.
(b) Awareness Campaign.--In carrying out subsection (a),
the Secretary may enter into contracts with one or more
public or private nonprofit entities, to establish a national
blood donation awareness campaign that may include
television, radio, internet, and newspaper public service
announcements, and other activities to provide for public and
professional awareness and education.
(c) Consultation.--In carrying out subsection (a), the
Secretary shall consult with the Commissioner of Food and
Drugs, the Assistant Secretary for Health, the Director of
the Centers for Disease Control and Prevention, the Director
of the National Institutes of Health, and the heads of other
relevant Federal agencies, and relevant accrediting bodies
and representative organizations.
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives, a report that shall include--
(1) a description of the activities carried out under
subsection (a);
(2) a description of trends in blood supply donations; and
(3) an evaluation of the impact of the public awareness
campaign, including any geographic or population variations.
PART III--INNOVATION
SEC. 3301. REMOVING THE CAP ON OTA DURING PUBLIC HEALTH
EMERGENCIES.
Section 319L(c)(5)(A) of the Public Health Service Act (42
U.S.C. 247d-7e(c)(5)(A)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following:
``(iii) Authority during a public health emergency.--
``(I) In general.--Notwithstanding clause (ii), the
Secretary, shall, to the maximum extent practicable, use
competitive procedures when entering into transactions to
carry out projects under this subsection for purposes of a
public health emergency declared by the Secretary under
section 319. Any such transactions entered into during such
public health emergency shall not be terminated solely due to
the expiration of such public health emergency, if such
public health emergency ends before the completion of the
terms of such agreement.
``(II) Report.--After the expiration of the public health
emergency declared by the Secretary under section 319, the
Secretary shall provide a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives regarding the use of any funds pursuant to
the authority under subclause (I), including any outcomes,
benefits, and risks associated with the use of such funds,
and a description of the reasons for the use of such
authority for the project or projects.''.
SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 351 et seq.) is amended by inserting after section 512
the following:
``SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS.
``(a) In General.--The Secretary shall, at the request of
the sponsor intending to submit an application for approval
of a new animal drug under section 512(b)(1) or an
application for conditional approval of a new animal drug
under section 571, expedite the development and review of
such new animal drug if preliminary clinical evidence
indicates that the new animal drug, alone or in combination
with 1 or more other animal drugs, has the potential to
prevent or treat a zoonotic disease in animals, including a
vector borne-disease, that has the potential to cause serious
adverse health consequences for, or serious or life-
threatening diseases in, humans.
``(b) Request for Designation.--The sponsor of a new animal
drug may request the Secretary to designate a new animal drug
described in subsection (a) as a priority zoonotic animal
drug. A request for the designation may be made concurrently
with, or at any time after, the opening of an investigational
new animal drug file under section 512(j) or the filing of an
application under section 512(b)(1) or 571.
``(c) Designation.--
``(1) In general.--Not later than 60 calendar days after
the receipt of a request under subsection (b), the Secretary
shall determine whether the new animal drug that is the
subject of the request meets the criteria described in
subsection (a). If the Secretary determines that the new
animal drug meets the criteria, the Secretary shall designate
the new animal drug as a priority zoonotic animal drug and
shall take such
[[Page H1759]]
actions as are appropriate to expedite the development and
review of the application for approval or conditional
approval of such new animal drug.
``(2) Actions.--The actions to expedite the development and
review of an application under paragraph (1) may include, as
appropriate--
``(A) taking steps to ensure that the design of clinical
trials is as efficient as practicable, when scientifically
appropriate, such as by utilizing novel trial designs or drug
development tools (including biomarkers) that may reduce the
number of animals needed for studies;
``(B) providing timely advice to, and interactive
communication with, the sponsor (which may include meetings
with the sponsor and review team) regarding the development
of the new animal drug to ensure that the development program
to gather the nonclinical and clinical data necessary for
approval is as efficient as practicable;
``(C) involving senior managers and review staff with
experience in zoonotic or vector-borne disease to facilitate
collaborative, cross-disciplinary review, including, as
appropriate, across agency centers; and
``(D) implementing additional administrative or process
enhancements, as necessary, to facilitate an efficient review
and development program.''.
PART IV--HEALTH CARE WORKFORCE
SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS WORKFORCE
PROGRAMS.
Title VII of the Public Health Service Act (42 U.S.C. 292
et seq.) is amended--
(1) in section 736 (42 U.S.C. 293), by striking subsection
(i) and inserting the following:
``(i) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated $23,711,000
for each of fiscal years 2021 through 2025.'';
(2) in section 740 (42 U.S.C. 293d)--
(A) in subsection (a), by striking ``$51,000,000 for fiscal
year 2010, and such sums as may be necessary for each of the
fiscal years 2011 through 2014'' and inserting ``$51,470,000
for each of fiscal years 2021 through 2025'';
(B) in subsection (b), by striking ``$5,000,000 for each of
the fiscal years 2010 through 2014'' and inserting
``$1,190,000 for each of fiscal years 2021 through 2025'';
(C) in subsection (c), by striking ``$60,000,000 for fiscal
year 2010 and such sums as may be necessary for each of the
fiscal years 2011 through 2014'' and inserting ``$15,000,000
for each of fiscal years 2021 through 2025''; and
(D) in subsection (d), by striking ``Not Later than 6
months after the date of enactment of this part, the
Secretary shall prepare and submit to the appropriate
committees of Congress'' and inserting: ``Not later than
September 30, 2025, and every five years thereafter, the
Secretary shall prepare and submit to the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives,'';
(3) in section 747 (42 U.S.C. 293k)--
(A) in subsection (a)--
(i) in paragraph (1)(G), by striking ``to plan, develop,
and operate a demonstration program that provides training''
and inserting: ``to plan, develop, and operate a program that
identifies or develops innovative models of providing care,
and trains primary care physicians on such models and''; and
(ii) by adding at the end the following:
``(3) Priorities in making awards.--In awarding grants or
contracts under paragraph (1), the Secretary may give
priority to qualified applicants that train residents in
rural areas, including for Tribes or Tribal Organizations in
such areas.'';
(B) in subsection (b)(3)(E), by striking ``substance-
related disorders'' and inserting ``substance use
disorders''; and
(C) in subsection (c)(1), by striking ``$125,000,000 for
fiscal year 2010, and such sums as may be necessary for each
of fiscal years 2011 through 2014'' and inserting
``$48,924,000 for each of fiscal years 2021 through 2025'';
(4) in section 748 (42 U.S.C. 293k-2)--
(A) in subsection (c)(5), by striking ``substance-related
disorders'' and inserting ``substance use disorders''; and
(B) in subsection (f), by striking ``$30,000,000 for fiscal
year 2010 and such sums as may be necessary for each of
fiscal years 2011 through 2015'' and inserting ``$28,531,000
for each of fiscal years 2021 through 2025'';
(5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), by
striking ``Committee on Labor and Human Resources of the
Senate, and the Committee on Commerce of the House of
Representatives'' and inserting ``Committee on Health,
Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives'';
(6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by
striking ``$125,000,000 for each of the fiscal years 2010
through 2014'' and inserting ``$41,250,000 for each of fiscal
years 2021 through 2025'';
(7) in section 754(b)(1)(A) (42 U.S.C. 294d(b)(1)(A)), by
striking ``new and innovative'' and inserting ``innovative or
evidence-based'';
(8) in section 755(b)(1)(A) (42 U.S.C. 294e(b)(1)(A)), by
striking ``the elderly'' and inserting ``geriatric
populations or for maternal and child health'';
(9) in section 761(e) (42 U.S.C. 294n(e))--
(A) in paragraph (1)(A), by striking ``$7,500,000 for each
of fiscal years 2010 through 2014'' and inserting
``$5,663,000 for each of fiscal years 2021 through 2025'';
and
(B) in paragraph (2), by striking ``subsection (a)'' and
inserting ``paragraph (1)'';
(10) in section 762 (42 U.S.C. 294o)--
(A) in subsection (a)(1), by striking ``Committee on Labor
and Human Resources'' and inserting ``Committee on Health,
Education, Labor, and Pensions'';
(B) in subsection (b)--
(i) in paragraph (2), by striking ``Health Care Financing
Administration'' and inserting ``Centers for Medicare &
Medicaid Services'';
(ii) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(iii) by inserting after paragraph (3), the following:
``(4) the Administrator of the Health Resources and
Services Administration;'';
(C) by striking subsections (i), (j), and (k) and inserting
the following:
``(i) Reports.--Not later than September 30, 2023, and not
less than every 5 years thereafter, the Council shall submit
to the Secretary, and to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, a report on the
recommendations described in subsection (a).''; and
(D) by redesignating subsection (l) as subsection (j);
(11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), by
striking ``that plans'' and all that follows through the
period and inserting ``that plans, develops, operates, and
evaluates projects to improve preventive medicine, health
promotion and disease prevention, or access to and quality of
health care services in rural or medically underserved
communities.'';
(12) in section 770(a) (42 U.S.C. 295e(a)), by striking
``$43,000,000 for fiscal year 2011, and such sums as may be
necessary for each of the fiscal years 2012 through 2015''
and inserting ``$17,000,000 for each of fiscal years 2021
through 2025''; and
(13) in section 775(e) (42 U.S.C. 295f(e)), by striking
``$30,000,000'' and all that follows through the period and
inserting ``such sums as may be necessary for each of fiscal
years 2021 through 2025.''.
SEC. 3402. HEALTH WORKFORCE COORDINATION.
(a) Strategic Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this Act as the ``Secretary''), in
consultation with the Advisory Committee on Training in
Primary Care Medicine and Dentistry and the Advisory Council
on Graduate Medical Education, shall develop a comprehensive
and coordinated plan with respect to the health care
workforce development programs of the Department of Health
and Human Services, including education and training
programs.
(2) Requirements.--The plan under paragraph (1) shall--
(A) include performance measures to determine the extent to
which the programs described in paragraph (1) are
strengthening the Nation's health care system;
(B) identify any gaps that exist between the outcomes of
programs described in paragraph (1) and projected health care
workforce needs identified in workforce projection reports
conducted by the Health Resources and Services
Administration;
(C) identify actions to address the gaps described in
subparagraph (B); and
(D) identify barriers, if any, to implementing the actions
identified under subparagraph (C).
(b) Coordination With Other Agencies.--The Secretary shall
coordinate with the heads of other Federal agencies and
departments that fund or administer health care workforce
development programs, including education and training
programs, to--
(1) evaluate the performance of such programs, including
the extent to which such programs are efficient and effective
and are meeting the nation's health workforce needs; and
(2) identify opportunities to improve the quality and
consistency of the information collected to evaluate within
and across such programs, and to implement such improvements.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Energy and Commerce of the House
of Representatives, a report describing the plan developed
under subsection (a) and actions taken to implement such
plan.
SEC. 3403. EDUCATION AND TRAINING RELATING TO GERIATRICS.
Section 753 of the Public Health Service Act (42 U.S.C.
294c) is amended to read as follows:
``SEC. 753. EDUCATION AND TRAINING RELATING TO GERIATRICS.
``(a) Geriatrics Workforce Enhancement Program.--
``(1) In general.--The Secretary shall award grants,
contracts, or cooperative agreements under this subsection to
entities described in paragraph (1), (3), or (4) of section
799B, section 801(2), or section 865(d), or other health
professions schools or programs approved by the Secretary,
for the establishment or operation of Geriatrics Workforce
Enhancement Programs that meet the requirements of paragraph
(2).
``(2) Requirements.--
``(A) In general.--A Geriatrics Workforce Enhancement
Program receiving an award under this section shall support
the training of health professionals in geriatrics, including
traineeships or fellowships. Such programs shall emphasize,
as appropriate, patient and family engagement, integration of
geriatrics with primary care and other appropriate
specialties, and collaboration with community partners to
address gaps in health care for older adults.
``(B) Activities.--Activities conducted by a program under
this section may include the following:
``(i) Clinical training on providing integrated geriatrics
and primary care delivery services.
``(ii) Interprofessional training to practitioners from
multiple disciplines and specialties, including training on
the provision of care to older adults.
[[Page H1760]]
``(iii) Establishing or maintaining training-related
community-based programs for older adults and caregivers to
improve health outcomes for older adults.
``(iv) Providing education on Alzheimer's disease and
related dementias to families and caregivers of older adults,
direct care workers, and health professions students,
faculty, and providers.
``(3) Duration.--Each grant, contract, or cooperative
agreement or contract awarded under paragraph (1) shall be
for a period not to exceed 5 years.
``(4) Applications.--To be eligible to receive a grant,
contract, or cooperative agreement under paragraph (1), an
entity described in such paragraph shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(5) Program requirements.--
``(A) In general.--In awarding grants, contracts, and
cooperative agreements under paragraph (1), the Secretary--
``(i) shall give priority to programs that demonstrate
coordination with another Federal or State program or another
public or private entity;
``(ii) shall give priority to applicants with programs or
activities that are expected to substantially benefit rural
or medically underserved populations of older adults, or
serve older adults in Indian Tribes or Tribal organizations;
and
``(iii) may give priority to any program that--
``(I) integrates geriatrics into primary care practice;
``(II) provides training to integrate geriatric care into
other specialties across care settings, including practicing
clinical specialists, health care administrators, faculty
without backgrounds in geriatrics, and students from all
health professions;
``(III) emphasizes integration of geriatric care into
existing service delivery locations and care across settings,
including primary care clinics, medical homes, Federally
qualified health centers, ambulatory care clinics, critical
access hospitals, emergency care, assisted living and nursing
facilities, and home- and community-based services, which may
include adult daycare;
``(IV) supports the training and retraining of faculty,
primary care providers, other direct care providers, and
other appropriate professionals on geriatrics;
``(V) emphasizes education and engagement of family
caregivers on disease management and strategies to meet the
needs of caregivers of older adults; or
``(VI) proposes to conduct outreach to communities that
have a shortage of geriatric workforce professionals.
``(B) Special consideration.--In awarding grants,
contracts, and cooperative agreements under this section, the
Secretary shall give special consideration to entities that
provide services in areas with a shortage of geriatric
workforce professionals.
``(6) Priority.--The Secretary may provide awardees with
additional support for activities in areas of demonstrated
need, which may include education and training for home
health workers, family caregivers, and direct care workers on
care for older adults.
``(7) Reporting.--
``(A) Reports from entities.--Each entity awarded a grant,
contract, or cooperative agreement under this section shall
submit an annual report to the Secretary on the activities
conducted under such grant, contract, or cooperative
agreement, which may include information on the number of
trainees, the number of professions and disciplines, the
number of partnerships with health care delivery sites, the
number of faculty and practicing professionals who
participated in such programs, and other information, as the
Secretary may require.
``(B) Report to congress.--Not later than 4 years after the
date of enactment of the Title VII Health Care Workforce
Reauthorization Act of 2019 and every 5 years thereafter, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that
provides a summary of the activities and outcomes associated
with grants, contracts, and cooperative agreements made under
this section. Such reports shall include--
``(i) information on the number of trainees, faculty, and
professionals who participated in programs under this
section;
``(ii) information on the impact of the program conducted
under this section on the health status of older adults,
including in areas with a shortage of health professionals;
and
``(iii) information on outreach and education provided
under this section to families and caregivers of older
adults.
``(C) Public availability.--The Secretary shall make
reports submitted under paragraph (B) publically available on
the internet website of the Department of Health and Human
Services.
``(b) Geriatric Academic Career Awards.--
``(1) Establishment of program.--The Secretary shall, as
appropriate, establish or maintain a program to provide
geriatric academic career awards to eligible entities
applying on behalf of eligible individuals to promote the
career development of such individuals as academic
geriatricians or other academic geriatrics health
professionals.
``(2) Eligibility.--
``(A) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means--
``(i) an entity described in paragraph (1), (3), or (4) of
section 799B or section 801(2); or
``(ii) another accredited health professions school or
graduate program approved by the Secretary.
``(B) Eligible individual.--For purposes of this
subsection, the term `eligible individual' means an
individual who--
``(i)(I) is board certified or board eligible in internal
medicine, family practice, psychiatry, or licensed dentistry,
or has completed required training in a discipline and is
employed in an accredited health professions school or
graduate program that is approved by the Secretary; or
``(II) has completed an approved fellowship program in
geriatrics, or has completed specialty training in geriatrics
as required by the discipline and any additional geriatrics
training as required by the Secretary; and
``(ii) has a junior, nontenured, faculty appointment at an
accredited health professions school or graduate program in
geriatrics or a geriatrics health profession.
``(C) Clarification.--If an eligible individual is promoted
during the period of an award under this subsection and
thereby no longer meets the criteria of subparagraph (B)(ii),
the individual shall continue to be treated as an eligible
individual through the term of the award.
``(3) Application requirements.--In order to receive an
award under paragraph (1), an eligible entity, on behalf of
an eligible individual, shall--
``(A) submit to the Secretary an application, at such time,
in such manner, and containing such information as the
Secretary may require;
``(B) provide, in such form and manner as the Secretary may
require, assurances that the eligible individual will meet
the service requirement described in paragraph (6); and
``(C) provide, in such form and manner as the Secretary may
require, assurances that the individual has a full-time
faculty appointment in a health professions institution and
documented commitment from such eligible entity that the
individual will spend 75 percent of the individual's time
that is supported by the award on teaching and developing
skills in interdisciplinary education in geriatrics.
``(4) Equitable distribution.--In making awards under this
subsection, the Secretary shall seek to ensure geographical
distribution among award recipients, including among rural or
medically underserved areas of the United States.
``(5) Amount and duration.--
``(A) Amount.--The amount of an award under this subsection
shall be at least $75,000 for fiscal year 2021, adjusted for
subsequent years in accordance with the consumer price index.
The Secretary shall determine the amount of an award under
this subsection for individuals who are not physicians.
``(B) Duration.--The Secretary shall make awards under
paragraph (1) for a period not to exceed 5 years.
``(6) Service requirement.--An individual who receives an
award under this subsection shall provide training in
clinical geriatrics, including the training of
interprofessional teams of health care professionals. The
provision of such training shall constitute at least 75
percent of the obligations of such individual under the
award.
``(c) Nonapplicability of Provision.--Notwithstanding any
other provision of this title, section 791(a) shall not apply
to awards made under this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated $40,737,000 for each of fiscal years 2021
through 2025 for purposes of carrying out this section.''.
SEC. 3404. NURSING WORKFORCE DEVELOPMENT.
(a) In General.--Title VIII of the Public Health Service
Act (42 U.S.C. 296 et seq.) is amended--
(1) in section 801 (42 U.S.C. 296), by adding at the end
the following:
``(18) Nurse managed health clinic.--The term `nurse
managed health clinic' means a nurse-practice arrangement,
managed by advanced practice nurses, that provides primary
care or wellness services to underserved or vulnerable
populations and that is associated with a school, college,
university or department of nursing, federally qualified
health center, or independent nonprofit health or social
services agency.'';
(2) in section 802(c) (42 U.S.C. 296a(c)), by inserting ``,
and how such project aligns with the goals in section
806(a)'' before the period in the second sentence;
(3) in section 803(b) (42 U.S.C. 296b(b)), by adding at the
end the following: ``Such Federal funds are intended to
supplement, not supplant, existing non-Federal expenditures
for such activities.'';
(4) in section 806 (42 U.S.C. 296e)--
(A) in subsection (a), by striking ``as needed to'' and all
that follows and inserting the following: ``as needed to
address national nursing needs, including--
``(1) addressing challenges, including through supporting
training and education of nursing students, related to the
distribution of the nursing workforce and existing or
projected nursing workforce shortages in geographic areas
that have been identified as having, or that are projected to
have, a nursing shortage;
``(2) increasing access to and the quality of health care
services, including by supporting the training of
professional registered nurses, advanced practice registered
nurses, and advanced education nurses within community based
settings and in a variety of health delivery system settings;
or
``(3) addressing the strategic goals and priorities
identified by the Secretary and that are in accordance with
this title.
Contracts may be entered into under this title with public or
private entities as determined necessary by the Secretary.'';
(B) in subsection (b)(2), by striking ``a demonstration''
and all that follows and inserting the following: ``the
reporting of data and information demonstrating that
satisfactory progress has been made by the program or project
in meeting the performance outcome standards (as
[[Page H1761]]
described in section 802) of such program or project.'';
(C) in subsection (e)(2), by inserting ``, and have
relevant expertise and experience'' before the period at the
end of the first sentence; and
(D) by adding at the end the following:
``(i) Biennial Report on Nursing Workforce Program
Improvements.--Not later than September 30, 2020, and
biennially thereafter, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives, a report that contains an assessment of
the programs and activities of the Department of Health and
Human Services related to enhancing the nursing workforce,
including the extent to which programs and activities under
this title meet the identified goals and performance measures
developed for the respective programs and activities, and the
extent to which the Department coordinates with other Federal
departments regarding programs designed to improve the
nursing workforce.'';
(5) in section 811 (42 U.S.C. 296j)--
(A) in subsection (b)--
(i) by striking ``Master's'' and inserting ``graduate'';
and
(ii) by inserting ``clinical nurse leaders,'' after ``nurse
administrators,'';
(B) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(C) by inserting after subsection (e), the following:
``(f) Authorized Clinical Nurse Specialist Programs.--
Clinical nurse specialist programs eligible for support under
this section are education programs that--
``(1) provide registered nurses with full-time clinical
nurse specialist education; and
``(2) have as their objective the education of clinical
nurse specialists who will, upon completion of such a
program, be qualified to effectively provide care through the
wellness and illness continuum to inpatients and outpatients
experiencing acute and chronic illness.''; and
(6) in section 831 (42 U.S.C. 296p)--
(A) in the section heading, by striking ``and quality
grants'' and inserting ``quality, and retention grants'';
(B) in subsection (b)(2), by striking ``other high-risk
groups such as the elderly, individuals with HIV/AIDS,
substance abusers, the homeless, and victims'' and inserting
``high risk groups, such as the elderly, individuals with
HIV/AIDS, individuals with mental health or substance use
disorders, individuals who are homeless, and survivors'';
(C) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by striking ``advancement for nursing personnel'' and
inserting the following: ``advancement for--
``(i) nursing'';
(II) by striking ``professional nurses, advanced education
nurses, licensed practical nurses, certified nurse
assistants, and home health aides'' and inserting
``professional registered nurses, advanced practice
registered nurses, and nurses with graduate nursing
education''; and
(III) by adding at the end the following:
``(ii) individuals including licensed practical nurses,
licensed vocational nurses, certified nurse assistants, home
health aides, diploma degree or associate degree nurses, and
other health professionals, such as health aides or community
health practitioners certified under the Community Health
Aide Program of the Indian Health Service, to become
registered nurses with baccalaureate degrees or nurses with
graduate nursing education;'';
(ii) in subparagraph (B), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(C) developing and implementing internships, accredited
fellowships, and accredited residency programs in
collaboration with one or more accredited schools of nursing,
to encourage the mentoring and development of specialties.'';
(D) by striking subsections (e) and (h);
(E) by redesignating subsections (f) and (g), as
subsections (e) and (f), respectively;
(F) in subsection (e) (as so redesignated), by striking
``The Secretary shall submit to the Congress before the end
of each fiscal year'' and inserting ``As part of the report
on nursing workforce programs described in section 806(i),
the Secretary shall include''; and
(G) in subsection (f) (as so redesignated), by striking ``a
school of nursing, as defined in section 801(2),,'' and
inserting ``an accredited school of nursing, as defined in
section 801(2), a health care facility, including federally
qualified health centers or nurse-managed health clinics, or
a partnership of such a school and facility'';
(7) by striking section 831A (42 U.S.C. 296p-1);
(8) in section 846 (42 U.S.C. 297n)--
(A) by striking the last sentence of subsection (a);
(B) in subsection (b)(1), by striking ``he began such
practice'' and inserting ``the individual began such
practice''; and
(C) in subsection (i), by striking ``Funding'' in the
subsection heading and all that follows through ``paragraph
(1)'' in paragraph (2), and inserting the following:
``Allocations.--Of the amounts appropriated under section
871(b),'';
(9) in section 846A (42 U.S.C. 247n-1), by striking
subsection (f);
(10) in section 847 (42 U.S.C. 297o), by striking
subsection (g);
(11) in section 851 (42 U.S.C. 297t)--
(A) in subsection (b)(1)(A)(iv), by striking ``and nurse
anesthetists'' and inserting ``nurse anesthetists, and
clinical nurse specialists'';
(B) in subsection (d)(3)--
(i) by striking ``3 years after the date of enactment of
this section'' and inserting ``2 years after the date of
enactment of the Title VIII Nursing Reauthorization Act'';
(ii) by striking ``Labor and Human Resources'' and
inserting ``Health, Education, Labor, and Pensions''; and
(iii) by inserting ``Energy and'' before ``Commerce''; and
(C) in subsection (g), by striking ``under this title'' and
inserting ``for carrying out parts B, C, and D'';
(12) by striking sections 861 and 862 (42 U.S.C. 297w and
297x); and
(13) in section 871 (42 U.S.C. 298d)--
(A) by striking ``For the purpose of'' and inserting the
following:
``(a) In General.--For the purpose of'';
(B) by striking ``$338,000,000 for fiscal year 2010, and
such sums as may be necessary for each of the fiscal years
2011 through 2016'' and inserting ``$137,837,000 for each of
fiscal years 2021 through 2025''; and
(C) by adding at the end the following:
``(b) Part E.--For the purpose of carrying out part E,
there are authorized to be appropriated $117,135,000 for each
of the fiscal years 2021 through 2025.''.
(b) Evaluation and Report on Nurse Loan Repayment
Programs.--
(1) Evaluation.--The Comptroller General shall conduct an
evaluation of the nurse loan repayment programs administered
by the Health Resources and Services Administration. Such
evaluation shall include--
(A) the manner in which payments are made under such
programs;
(B) the existing oversight functions necessary to ensure
the proper use of such programs, including payments made as
part of such programs;
(C) the identification of gaps, if any, in oversight
functions; and
(D) information on the number of nurses assigned to
facilities pursuant to such programs, including the type of
facility to which nurses are assigned and the impact of
modifying the eligibility requirements for programs under
section 846 of the Public Health Service Act (42 U.S.C.
297n), such as the impact on entities to which nurses had
previously been assigned prior to fiscal year 2019 (such as
federally qualified health centers and facilities affiliated
with the Indian Health Service).
(2) Report.--Not later than 18 months after the enactment
of this Act, the Comptroller General shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives, a report on the evaluation under
paragraph (1), which may include recommendations to improve
relevant nursing workforce loan repayment programs.
Subtitle B--Education Provisions
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``COVID-19 Pandemic
Education Relief Act of 2020''.
SEC. 3502. DEFINITIONS.
(a) Definitions.--In this subtitle:
(1) Coronavirus.--The term ``coronavirus'' has the meaning
given the term in section 506 of the Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020 (Public
Law 116-123).
(2) Foreign institution.--The term ``foreign institution''
means an institution of higher education located outside the
United States that is described in paragraphs (1)(C) and (2)
of section 102(a) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning of the
term under section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002).
(4) Qualifying emergency.--The term ``qualifying
emergency'' means--
(A) a public health emergency related to the coronavirus
declared by the Secretary of Health and Human Services
pursuant to section 319 of the Public Health Service Act (42
U.S.C. 247d);
(B) an event related to the coronavirus for which the
President declared a major disaster or an emergency under
section 401 or 501, respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
and 5191); or
(C) a national emergency related to the coronavirus
declared by the President under section 201 of the National
Emergencies Act (50 U.S.C. 1601 et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 3503. CAMPUS-BASED AID WAIVERS.
(a) Waiver of Non-federal Share Requirement.--
Notwithstanding sections 413C(a)(2) and 443(b)(5) of the
Higher Education Act of 1965 (20 U.S.C. 1070b-2(a)(2) and
1087-53(b)(5)), with respect to funds made available for
award years 2019-2020 and 2020-2021, the Secretary shall
waive the requirement that a participating institution of
higher education provide a non-Federal share to match Federal
funds provided to the institution for the programs authorized
pursuant to subpart 3 of part A and part C of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070b et seq. and
1087-51 et seq.) for all awards made under such programs
during such award years, except nothing in this subsection
shall affect the non-Federal share requirement under section
443(c)(3) that applies to private for-profit organizations.
(b) Authority to Reallocate.--Notwithstanding sections
413D, 442, and 488 of the Higher Education Act of 1965 (20
U.S.C. 1070b-3, 1087-52, and 1095), during a period of a
qualifying emergency, an institution may transfer up to 100
percent of the institution's unexpended allotment under
section 442 of such Act to the institution's allotment under
section 413D of such Act, but may not transfer any funds from
the institution's unexpended allotment under section 413D of
such Act to the institution's allotment under section 442 of
such Act.
[[Page H1762]]
SEC. 3504. USE OF SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS
FOR EMERGENCY AID.
(a) In General.--Notwithstanding section 413B of the Higher
Education Act of 1965 (20 U.S.C. 1070b-1), an institution of
higher education may reserve any amount of an institution's
allocation under subpart 3 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070b et seq.) for a
fiscal year to award, in such fiscal year, emergency
financial aid grants to assist undergraduate or graduate
students for unexpected expenses and unmet financial need as
the result of a qualifying emergency.
(b) Determinations.--In determining eligibility for and
awarding emergency financial aid grants under this section,
an institution of higher education may--
(1) waive the amount of need calculation under section 471
of the Higher Education Act of 1965 (20 U.S.C. 1087kk);
(2) allow for a student affected by a qualifying emergency
to receive funds in an amount that is not more than the
maximum Federal Pell Grant for the applicable award year; and
(3) utilize a contract with a scholarship-granting
organization designated for the sole purpose of accepting
applications from or disbursing funds to students enrolled in
the institution of higher education, if such scholarship-
granting organization disburses the full allocated amount
provided to the institution of higher education to the
recipients.
(c) Special Rule.--Any emergency financial aid grants to
students under this section shall not be treated as other
financial assistance for the purposes of section 471 of the
Higher Education Act of 1965 (20 U.S.C. 1087kk).
SEC. 3505. FEDERAL WORK-STUDY DURING A QUALIFYING EMERGENCY.
(a) In General.--In the event of a qualifying emergency, an
institution of higher education participating in the program
under part C of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087-51 et seq.) may make payments under such part
to affected work-study students, for the period of time (not
to exceed one academic year) in which affected students were
unable to fulfill the students' work-study obligation for all
or part of such academic year due to such qualifying
emergency, as follows:
(1) Payments may be made under such part to affected work-
study students in an amount equal to or less than the amount
of wages such students would have been paid under such part
had the students been able to complete the work obligation
necessary to receive work study funds, as a one time grant or
as multiple payments.
(2) Payments shall not be made to any student who was not
eligible for work study or was not completing the work
obligation necessary to receive work study funds under such
part prior to the occurrence of the qualifying emergency.
(3) Any payments made to affected work-study students under
this subsection shall meet the matching requirements of
section 443 of the Higher Education Act of 1965 (20 U.S.C.
1087-53), unless such matching requirements are waived by the
Secretary.
(b) Definition of Affected Work-study Student.--In this
section, the term ``affected work-study student'' means a
student enrolled at an eligible institution participating in
the program under part C of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087-51 et seq.) who--
(1) received a work-study award under section 443 of the
Higher Education Act of 1965 (20 U.S.C. 1087-53) for the
academic year during which a qualifying emergency occurred;
(2) earned Federal work-study wages from such eligible
institution for such academic year; and
(3) was prevented from fulfilling the student's work-study
obligation for all or part of such academic year due to such
qualifying emergency.
SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIMITS.
Notwithstanding section 455(q)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall
exclude from a student's period of enrollment for purposes of
loans made under part D of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087a et seq.) any semester (or the
equivalent) that the student does not complete due to a
qualifying emergency, if the Secretary is able to administer
such policy in a manner that limits complexity and the burden
on the student.
SEC. 3507. EXCLUSION FROM FEDERAL PELL GRANT DURATION LIMIT.
The Secretary shall exclude from a student's Federal Pell
Grant duration limit under section 401(c)(5) of the Higher
Education Act of 1965 (2 U.S.C. 1070a(c)(5)) any semester (or
the equivalent) that the student does not complete due to a
qualifying emergency if the Secretary is able to administer
such policy in a manner that limits complexity and the burden
on the student.
SEC. 3508. INSTITUTIONAL REFUNDS AND FEDERAL STUDENT LOAN
FLEXIBILITY.
(a) Institutional Waiver.--
(1) In general.--The Secretary shall waive the
institutional requirement under section 484B of the Higher
Education Act of 1965 (20 U.S.C. 1091b) with respect to the
amount of grant or loan assistance (other than assistance
received under part C of title IV of such Act) to be returned
under such section if a recipient of assistance under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) withdraws from the institution of higher education
during the payment period or period of enrollment as a result
of a qualifying emergency.
(2) Waivers.--The Secretary shall require each institution
using a waiver relating to the withdrawal of recipients under
this subsection to report the number of such recipients, the
amount of grant or loan assistance (other than assistance
received under part C of title IV of such Act) associated
with each such recipient, and the total amount of grant or
loan assistance (other than assistance received under part C
of title IV of such Act) for which each institution has not
returned assistance under title IV to the Secretary.
(b) Student Waiver.--The Secretary shall waive the amounts
that students are required to return under section 484B of
the Higher Education Act of 1965 (20 U.S.C. 1091b) with
respect to Federal Pell Grants or other grant assistance if
the withdrawals on which the returns are based, are
withdrawals by students who withdrew from the institution of
higher education as a result of a qualifying emergency.
(c) Canceling Loan Obligation.--Notwithstanding any other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), the Secretary shall cancel the borrower's
obligation to repay the entire portion of a loan made under
part D of title IV of such Act (20 U.S.C. 1087a et seq.)
associated with a payment period for a recipient of such loan
who withdraws from the institution of higher education during
the payment period as a result of a qualifying emergency.
(d) Approved Leave of Absence.--Notwithstanding any other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), for purposes of receiving assistance under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
an institution of higher education may, as a result of a
qualifying emergency, provide a student with an approved
leave of absence that does not require the student to return
at the same point in the academic program that the student
began the leave of absence if the student returns within the
same semester (or the equivalent).
SEC. 3509. SATISFACTORY ACADEMIC PROGRESS.
Notwithstanding section 484 of the Higher Education Act of
1965 (20 U.S.C. 1091), in determining whether a student is
maintaining satisfactory academic progress for purposes of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.), an institution of higher education may, as a result
of a qualifying emergency, exclude from the quantitative
component of the calculation any attempted credits that were
not completed by such student without requiring an appeal by
such student.
SEC. 3510. CONTINUING EDUCATION AT AFFECTED FOREIGN
INSTITUTIONS.
(a) In General.--Notwithstanding section 481(b) of the
Higher Education Act of 1965 (20 U.S.C. 1088(b)), with
respect to a foreign institution, in the case of a public
health emergency, major disaster or emergency, or national
emergency declared by the applicable government authorities
in the country in which the foreign institution is located,
the Secretary may permit any part of an otherwise eligible
program to be offered via distance education for the duration
of such emergency or disaster and the following payment
period for purposes of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.).
(b) Eligibility.--An otherwise eligible program that is
offered in whole or in part through distance education by a
foreign institution between March 1, 2020, and the date of
enactment of this Act shall be deemed eligible for the
purposes of part D of title IV of the Higher Education Act of
1965 (20 U.S.C. 1087a et seq.) for the duration of the
qualifying emergency and the following payment period for
purposes of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.). An institution of higher education that
uses the authority provided in the previous sentence shall
report such use to the Secretary--
(1) for the 2019-2020 award year, not later than June 30,
2020; and
(2) for an award year subsequent to the 2019-2020 award
year, not later than 30 days after such use.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, and every 180 days thereafter for the
duration of the qualifying emergency and the following
payment period, the Secretary shall submit to the authorizing
committees (as defined in section 103 of the Higher Education
Act of 1965 (20 U.S.C. 1003)) a report that identifies each
foreign institution that carried out a distance education
program authorized under this section.
(d) Written Arrangements.--
(1) In general.--Notwithstanding section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002), for the duration of a
qualifying emergency and the following payment period, the
Secretary may allow a foreign institution to enter into a
written arrangement with an institution of higher education
located in the United States that participates in the Federal
Direct Loan Program under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) for the
purpose of allowing a student of the foreign institution who
is a borrower of a loan made under such part to take courses
from the institution of higher education located in the
United States.
(2) Form of arrangements.--
(A) Public or other nonprofit institutions.--A foreign
institution that is a public or other nonprofit institution
may enter into a written arrangement under subsection (a)
only with an institution of higher education described in
section 101 of such Act (20 U.S.C. 1001).
(B) Other institutions.--A foreign institution that is a
graduate medical school, nursing school, or a veterinary
school and that is not a public or other nonprofit
institution may enter into a written arrangement under
subsection (a) with an institution of higher education
described in section 101 or section 102 of such Act (20
U.S.C. 1001 and 1002).
(3) Report on use.--An institution of higher education that
uses the authority described in paragraph (2) shall report
such use to the Secretary--
[[Page H1763]]
(A) for the 2019-2020 award year, not later than June 30,
2020; and
(B) for an award year subsequent to the 2019-2020 award
year, not later than 30 days after such use.
(4) Report from the secretary.--Not later than 180 days
after the date of enactment of this Act, and every 180 days
thereafter for the duration of the qualifying emergency and
the following payment period, the Secretary shall submit to
the authorizing committees (as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) a report that
identifies each foreign institution that entered into a
written arrangement authorized under subsection (a).
SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL WAIVERS.
(a) In General.--Notwithstanding any other provision of
law, the Secretary may, upon the request of a State
educational agency or Indian tribe, waive any statutory or
regulatory provision described under paragraphs (1) and (2)
of subsection (b), and upon the request of a local
educational agency, waive any statutory or regulatory
provision described under paragraph (2) of subsection (b), if
the Secretary determines that such a waiver is necessary and
appropriate due to the emergency involving Federal primary
responsibility determined to exist by the President under the
section 501(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to
the Coronavirus Disease 2019 (COVID-19).
(b) Applicable Provisions of Law.--
(1) Streamlined waivers.--The Secretary shall create an
expedited application process to request a waiver and the
Secretary may waive any statutory or regulatory requirements
for a State educational agency (related to assessments,
accountability, and reporting requirements related to
assessments and accountability), if the Secretary determines
that such a waiver is necessary and appropriate as described
in subsection (a), under the following provisions of law:
(A) The following provisions under section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311):
(i) Paragraphs (2) and (3) of subsection (b).
(ii) Subsection (c)(4).
(iii) Subparagraphs (C) and (D) of subsection (d)(2).
(iv) The following provisions under subsection (h) of such
section 1111:
(I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi), (vii),
and (xi) of paragraph (1)(C).
(II) Paragraph (2)(C) with respect to the waived
requirements under subclause (I).
(III) Clauses (i) and (ii) of paragraph (2)(C).
(B) Section 421(b) of the General Education Provisions Act
(20 U.S.C. 1225(b)).
(2) State and locally-requested waivers.--For a State
educational agency, local educational agency, or Indian tribe
that receives funds under a program authorized under the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) that requests a waiver under subsection (c),
the Secretary may waive statutory and regulatory requirements
under any of the following provisions of such Act:
(A) Section 1114(a)(1).
(B) Section 1118(a) and section 8521.
(C) Section 1127.
(D) Section 4106(d).
(E) Subparagraphs (C), (D), and (E) of section 4106(e)(2).
(F) Section 4109(b).
(G) The definition under section 8101(42) for purposes of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.).
(3) Applicability to charter schools.--Any waivers issued
by the Secretary under this section shall be implemented, as
applicable--
(A) for all public schools, including public charter
schools within the boundaries of the recipient of the waiver;
(B) in accordance with State charter school law; and
(C) pursuant to section 1111(c)(5) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(c)(5)).
(4) Limitation.--Nothing in this section shall be construed
to allow the Secretary to waive any statutory or regulatory
requirements under applicable civil rights laws.
(5) Accountability and improvement.--Any school located in
a State that receives a waiver under paragraph (1) and that
is identified for comprehensive support and improvement,
targeted support and improvement, or additional targeted
support in the 2019-2020 school year under section
1111(c)(4)(D) or section 1111(d)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(c)(4)(D) or
(d)(2)) shall maintain that identification status in the
2020-2021 school year and continue to receive supports and
interventions consistent with the school's support and
improvement plan in the 2020-2021 school year.
(c) State and Local Requests for Waivers.--
(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a waiver
from any statutory or regulatory provision described under
subsection (b)(2), may submit a waiver request to the
Secretary in accordance with this subsection.
(2) Requests submitted.--A request for a waiver under this
subsection shall--
(A) identify the Federal programs affected by the requested
waiver;
(B) describe which Federal statutory or regulatory
requirements are to be waived;
(C) describe how the emergency involving Federal primary
responsibility determined to exist by the President under the
section 501(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to
the Coronavirus Disease 2019 (COVID-19) prevents or otherwise
restricts the ability of the State, State educational agency,
local educational agency, Indian tribe, or school to comply
with such statutory or regulatory requirements; and
(D) provide an assurance that the State educational agency,
local educational agency, or Indian tribe will work to
mitigate any negative effects, if any, that may occur as a
result of the requested waiver.
(3) Secretary approval.--
(A) In general.--Except as provided under subparagraph (B),
the Secretary shall approve or disapprove a waiver request
submitted under paragraph (1) not more than 30 days after the
date on which such request is submitted.
(B) Exceptions.--The Secretary may disapprove a waiver
request submitted under paragraph (1), only if the Secretary
determines that--
(i) the waiver request does not meet the requirements of
this section;
(ii) the waiver is not permitted pursuant to subsection
(b)(2); or
(iii) the description required under paragraph (2)(C)
provides insufficient information to demonstrate that the
waiving of such requirements is necessary or appropriate
consistent with subsection (a).
(4) Duration.--A waiver approved by the Secretary under
this section may be for a period not to exceed the 2019-2020
academic year, except to carry out full implementation of any
maintenance of effort waivers granted during the 2019-2020
academic year.
(d) Reporting and Publication.--
(1) Public notice.--A State educational agency, Indian
Tribe, or local educational agency requesting a waiver under
subsection (b)(2) shall provide the public and all local
educational agencies in the State with notice of, and the
opportunity to comment on, the request by posting information
regarding the waiver request and the process for commenting
on the State website.
(2) Notifying congress.--Not later than 7 days after
granting a waiver under this section, the Secretary shall
notify the Committee on Health, Education, Labor, and
Pensions of the Senate, the Committee on Appropriations of
the Senate, the Committee on Education and Labor of the House
of Representatives, and the Committee on Appropriations of
the House of Representatives of such waiver.
(3) Publication.--Not later than 30 days after granting a
waiver under this section, the Secretary shall publish a
notice of the Secretary's decision (including which waiver
was granted and the reason for granting the waiver) in the
Federal Register and on the website of the Department of
Education.
(4) Report.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall prepare and submit
a report to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate,
and the Committee on Education and Labor and the Committee on
Appropriations of the House of Representatives, with
recommendations on any additional waivers under the
Individuals with Disabilities Education Act (20 U.S.C. 1401
et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), and the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) the
Secretary believes are necessary to be enacted into law to
provide limited flexibility to States and local educational
agencies to meet the needs of students during the emergency
involving Federal primary responsibility determined to exist
by the President under section 501(b) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191(b)) with respect to the Coronavirus Disease 2019
(COVID-19).
(e) Terms.--In this section, the term ``State educational
agency'' includes the Bureau of Indian Education, and the
term ``local educational agency'' includes Bureau of Indian
Education funded schools operated pursuant to a grant under
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.), or a contract under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301 et seq.).
SEC. 3512. HBCU CAPITAL FINANCING.
(a) Deferment Period.--
(1) In general.--Notwithstanding any provision of title III
of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.),
or any regulation promulgated under such title, the Secretary
may grant a deferment, for the duration of a qualifying
emergency, to an institution that has received a loan under
part D of title III of such Act (20 U.S.C. 1066 et seq.).
(2) Terms.--During the deferment period granted under this
subsection--
(A) the institution shall not be required to pay any
periodic installment of principal or interest required under
the loan agreement for such loan; and
(B) the Secretary shall make principal and interest
payments otherwise due under the loan agreement.
(3) Closing.--At the closing of a loan deferred under this
subsection, terms shall be set under which the institution
shall be required to repay the Secretary for the payments of
principal and interest made by the Secretary during the
deferment, on a schedule that begins upon repayment to the
lender in full on the loan agreement, except in no case shall
repayment be required to begin before the date that is 1 full
fiscal year after the date that is the end of the qualifying
emergency.
(b) Termination Date.--
(1) In general.--The authority provided under this section
to grant a loan deferment under subsection (a) shall
terminate on the date on which the qualifying emergency is no
longer in effect.
(2) Duration.--Any provision of a loan agreement or
insurance agreement modified by the authority under this
section shall remain so
[[Page H1764]]
modified for the duration of the period covered by the loan
agreement or insurance agreement.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, and every 180 days thereafter during
the period beginning on the first day of the qualifying
emergency and ending on September 30 of the fiscal year
following the end of the qualifying emergency, the Secretary
shall submit to the authorizing committees (as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) a report that identifies each institution that
received assistance under this section.
(d) Funding.--There is hereby appropriated, out of any
money in the Treasury not otherwise appropriated, $62,000,000
to carry out this section.
SEC. 3513. TEMPORARY RELIEF FOR FEDERAL STUDENT LOAN
BORROWERS.
(a) In General.--The Secretary shall suspend all payments
due for loans made under part D and part B (that are held by
the Department of Education) of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.)
through September 30, 2020.
(b) No Accrual of Interest.--Notwithstanding any other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), interest shall not accrue on a loan described under
subsection (a) for which payment was suspended for the period
of the suspension.
(c) Consideration of Payments.--Notwithstanding any other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), the Secretary shall deem each month for which a
loan payment was suspended under this section as if the
borrower of the loan had made a payment for the purpose of
any loan forgiveness program or loan rehabilitation program
authorized under part D or B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.)
for which the borrower would have otherwise qualified.
(d) Reporting to Consumer Reporting Agencies.--During the
period in which the Secretary suspends payments on a loan
under subsection (a), the Secretary shall ensure that, for
the purpose of reporting information about the loan to a
consumer reporting agency, any payment that has been
suspended is treated as if it were a regularly scheduled
payment made by a borrower.
(e) Suspending Involuntary Collection.--During the period
in which the Secretary suspends payments on a loan under
subsection (a), the Secretary shall suspend all involuntary
collection related to the loan, including--
(1) a wage garnishment authorized under section 488A of the
Higher Education Act of 1965 (20 U.S.C. 1095a) or section
3720D of title 31, United States Code;
(2) a reduction of tax refund by amount of debt authorized
under section 3720A of title 31, United States Code, or
section 6402(d) of the Internal Revenue Code of 1986;
(3) a reduction of any other Federal benefit payment by
administrative offset authorized under section 3716 of title
31, United States Code (including a benefit payment due to an
individual under the Social Security Act or any other
provision described in subsection (c)(3)(A)(i) of such
section); and
(4) any other involuntary collection activity by the
Secretary.
(f) Waivers.--In carrying out this section, the Secretary
may waive the application of--
(1) subchapter I of chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork Reduction Act'');
(2) the master calendar requirements under section 482 of
the Higher Education Act of 1965 (20 U.S.C. 1089);
(3) negotiated rulemaking under section 492 of the Higher
Education Act of 1965 (20 U.S.C. 1098a); and
(4) the requirement to publish the notices related to the
system of records of the agency before implementation
required under paragraphs (4) and (11) of section 552a(e) of
title 5, United States Code (commonly known as the ``Privacy
Act of 1974''), except that the notices shall be published
not later than 180 days after the date of enactment of this
Act.
(g) Notice to Borrowers and Transition Period.--To inform
borrowers of the actions taken in accordance with this
section and ensure an effective transition, the Secretary
shall--
(1) not later than 15 days after the date of enactment of
this Act, notify borrowers--
(A) of the actions taken in accordance with subsections (a)
and (b) for whom payments have been suspended and interest
waived;
(B) of the actions taken in accordance with subsection (e)
for whom collections have been suspended;
(C) of the option to continue making payments toward
principal; and
(D) that the program under this section is a temporary
program.
(2) beginning on August 1, 2020, carry out a program to
provide not less than 6 notices by postal mail, telephone, or
electronic communication to borrowers indicating--
(A) when the borrower's normal payment obligations will
resume; and
(B) that the borrower has the option to enroll in income-
driven repayment, including a brief description of such
options.
SEC. 3514. PROVISIONS RELATED TO THE CORPORATION FOR NATIONAL
AND COMMUNITY SERVICE.
(a) Accrual of Service Hours.--
(1) Accrual through other service hours.--
(A) In general.--Notwithstanding any other provision of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et
seq.) or the National and Community Service Act of 1990 (42
U.S.C. 12501 et seq.), the Corporation for National and
Community Service shall allow an individual described in
subparagraph (B) to accrue other service hours that will
count toward the number of hours needed for the individual's
education award.
(B) Affected individuals.--Subparagraph (A) shall apply to
any individual serving in a position eligible for an
educational award under subtitle D of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12601 et seq.)--
(i) who is performing limited service due to COVID-19; or
(ii) whose position has been suspended or placed on hold
due to COVID-19.
(2) Provisions in case of early exit.--In any case where an
individual serving in a position eligible for an educational
award under subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et seq.) was
required to exit the position early at the direction of the
Corporation for National and Community Service, the Chief
Executive Officer of the Corporation for National and
Community Service may--
(A) deem such individual as having met the requirements of
the position; and
(B) award the individual the full value of the educational
award under such subtitle for which the individual would
otherwise have been eligible.
(b) Availability of Funds.--Notwithstanding any other
provision of law, all funds made available to the Corporation
for National and Community Service under any Act, including
the amounts appropriated to the Corporation under the
headings ``operating expenses'', ``salaries and expenses'',
and ``office of the inspector general'' under the heading
``Corporation for National and Community Service'' under
title IV of Division A of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94), shall remain
available for the fiscal year ending September 30, 2021.
(c) No Required Return of Grant Funds.--Notwithstanding
section 129(l)(3)(A)(i) of the National and Community Service
Act of 1990 (42 U.S.C. 12581(l)(3)(A)(i)), the Chief
Executive Officer of the Corporation for National and
Community Service may permit fixed-amount grant recipients
under such section 129(l) to maintain a pro rata amount of
grant funds, at the discretion of the Corporation for
National and Community Service, for participants who exited,
were suspended, or are serving in a limited capacity due to
COVID-19, to enable the grant recipients to maintain
operations and to accept participants.
(d) Extension of Terms and Age Limits.--Notwithstanding any
other provision of law, the Corporation for National and
Community Service may extend the term of service (for a
period not to exceed the 1-year period immediately following
the end of the national emergency) or waive any upper age
limit (except in no case shall the maximum age exceed 26
years of age) for national service programs carried out by
the National Civilian Community Corps under subtitle E of
title I of the National and Community Service Act of 1990 (42
U.S.C. 12611 et seq.), and the participants in such programs,
for the purposes of--
(1) addressing disruptions due to COVID-19; and
(2) minimizing the difficulty in returning to full
operation due to COVID-19 on such programs and participants.
SEC. 3515. WORKFORCE RESPONSE ACTIVITIES.
(a) Administrative Costs.--Notwithstanding section
128(b)(4) of the Workforce Innovation Opportunity Act (29
U.S.C. 3163(b)(4)), of the total amount allocated to a local
area (including the total amount allotted to a single State
local area) under subtitle B of title I of such Act (29
U.S.C. 3151 et seq.) for program year 2019, not more than 20
percent of the total amount may be used for the
administrative costs of carrying out local workforce
investment activities under chapter 2 or chapter 3 of
subtitle B of title I of such Act, if the portion of the
total amount that exceeds 10 percent of the total amount is
used to respond to a qualifying emergency.
(b) Rapid Response Activities.--
(1) Statewide rapid response.--Of the funds reserved by a
Governor for program year 2019 for statewide activities under
section 128(a) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3163(a)) that remain unobligated, such funds
may be used for statewide rapid response activities as
described in section 134(a)(2)(A) of such Act (29 U.S.C.
3174(a)(2)(A)) for responding to a qualifying emergency.
(2) Local boards.--Of the funds reserved by a Governor for
program year 2019 under section 133(a)(2) of such Act (29
U.S.C. 3173(a)(2)) that remain unobligated, such funds may be
released within 30 days after the date of enactment of this
Act to the local boards most impacted by the coronavirus at
the determination of the Governor for rapid response
activities related to responding to a qualifying emergency.
(c) Definitions.--Except as otherwise provided, the terms
in this section have the meanings given the terms in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
SEC. 3516. TECHNICAL AMENDMENTS.
(a) In General.--
(1) Section 6103(a)(3) of the Internal Revenue Code of
1986, as amended by the FUTURE Act (Public Law 116-91), is
further amended by striking ``(13), (16)'' and inserting
``(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)''.
(2) Section 6103(p)(3)(A) of such Code, as so amended, is
further amended by striking ``(12),'' and inserting ``(12),
(13)(A), (13)(B), (13)(C), (13)(D)(i)''.
(3) Section 6103(p)(4) of such Code, as so amended, is
further amended by striking ``(13) or (16)'' each place it
appears and inserting ``(13), or (16)''.
(4) Section 6103(p)(4) of such Code, as so amended and as
amended by paragraph (3), is
[[Page H1765]]
further amended by striking ``(13)'' each place it appears
and inserting ``(13)(A), (13)(B), (13)(C), (13)(D)(i)''.
(5) Section 6103(l)(13)(C)(ii) of such Code, as added by
the FUTURE Act (Public Law 116-91), is amended by striking
``section 236A(e)(4)'' and inserting ``section 263A(e)(4)''.
(b) Effective Date.--The amendments made by this section
shall apply as if included in the enactment of the FUTURE Act
(Public Law 116-91).
SEC. 3517. WAIVER AUTHORITY AND REPORTING REQUIREMENT FOR
INSTITUTIONAL AID.
(a) Waiver Authority.--Notwithstanding any other provision
of the Higher Education Act of 1965 (U.S.C. 1001 et seq.),
unless enacted with specific reference to this section, for
any institution of higher education that was receiving
assistance under title III, title V, or subpart 4 of part A
of title VII of such Act (20 U.S.C. 1051 et seq.; 1101 et
seq.; 1136a et seq.) at the time of a qualifying emergency,
the Secretary may, for the period beginning on the first day
of the qualifying emergency and ending on September 30 of the
fiscal year following the end of the qualifying emergency--
(1) waive--
(A) the eligibility data requirements set forth in section
391(d) and 521(e) of the Higher Education Act of 1965 (20
U.S.C. 1068(d); 1103(e));
(B) the wait-out period set forth in section 313(d) of the
Higher Education Act of 1965 (20 U.S.C. 1059(d));
(C) the allotment requirements under paragraphs (2) and (3)
of subsection 318(e) of the Higher Education Act of 1965 (20
U.S.C. 1059e(e)), and the reference to ``the academic year
preceding the beginning of that fiscal year'' under such
section 318(e)(1);
(D) the allotment requirements under subsections (b), (c),
and (g) of section 324 of the Higher Education Act of 1965
(20 U.S.C. 1063), the reference to ``the end of the school
year preceding the beginning of that fiscal year'' under such
section 324(a), and the reference to ``the academic year
preceding such fiscal year'' under such section 324(h);
(E) subparagraphs (A), (C), (D), and (E) of section
326(f)(3) of the Higher Education Act of 1965 (20 U.S.C.
1063b(f)(3)), and references to ``previous year'' under such
section 326(f)(3)(B);
(F) subparagraphs (A), (C), (D), and (E) of section
723(f)(3) and subparagraphs (A), (C), (D), and (E) of section
724(f)(3) of the Higher Education Act of 1965 (20 U.S.C.
1136a(f)(3); 1136b(f)(3)), and references to ``previous
academic year'' under subparagraph (B) of such sections
723(f)(3) and 724(f)(3); and
(G) the allotment restriction set forth in section
318(d)(4) and section 323(c)(2) of the Higher Education Act
of 1965 (20 U.S.C. 1059e(d)(4); 1062(c)(2)); and
(2) waive or modify any statutory or regulatory provision
to ensure that institutions that were receiving assistance
under title III, title V, or subpart 4 of part A of title VII
of such Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et
seq.) at the time of a qualifying emergency are not adversely
affected by any formula calculation for fiscal year 2020 and
for the period beginning on the first day of the qualifying
emergency and ending on September 30 of the fiscal year
following the end of the qualifying emergency, as necessary.
(b) Use of Unexpended Funds.--Any funds paid to an
institution under title III, title V, or subpart 4 of part A
of title VII of the Higher Education Act of 1965 (20 U.S.C.
1051 et seq.; 1101 et seq.; 1136a et seq.) and not expended
or used for the purposes for which the funds were paid to the
institution during the 5-year period following the date on
which the funds were first paid to the institution, may be
carried over and expended during the succeeding 5-year
period.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, and every 180 days thereafter for the
period beginning on the first day of the qualifying emergency
and ending on September 30 of the fiscal year following the
end of the qualifying emergency, the Secretary shall submit
to the authorizing committees (as defined in section 103 of
the Higher Education Act of 1965 (20 U.S.C. 1003)) a report
that identifies each institution that received a waiver or
modification under this section.
SEC. 3518. AUTHORIZED USES AND OTHER MODIFICATIONS FOR
GRANTS.
(a) In General.--The Secretary is authorized to modify the
required and allowable uses of funds for grants awarded under
part A or B of title III, chapter I or II of subpart 2 of
part A of title IV, title V, or subpart 4 of part A of title
VII of the Higher Education Act of 1965 (20 U.S.C. 1057 et
seq.; 1060 et seq.; 1070a-11 et seq.; 1070a-21 et seq.; 1101
et seq.; 1136a et seq.) to an institution of higher education
or other grant recipient (not including individual recipients
of Federal student financial assistance), at the request of
an institution of higher education or other recipient of a
grant (not including individual recipients of Federal student
financial assistance) as a result of a qualifying emergency,
for the period beginning on the first day of the qualifying
emergency and ending on September 30 of the fiscal year
following the end of the qualifying emergency.
(b) Matching Requirement Modifications.--Notwithstanding
any other provision of the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.), the Secretary is authorized to modify
any Federal share or other financial matching requirement for
a grant awarded on a competitive basis or a grant awarded
under part A or B of title III or subpart 4 of part A of
title VII of the Higher Education Act of 1965 (20 U.S.C. 1057
et seq.; 1060 et seq.; 1136a et seq.) at the request of an
institution of higher education or other grant recipient as a
result of a qualifying emergency, for the period beginning on
the first day of the qualifying emergency and ending on
September 30 of the fiscal year following the end of the
qualifying emergency.
(c) Reports.--Not later than 180 days after the date of
enactment of this Act, and every 180 days thereafter for the
duration of the period beginning on the first day of the
qualifying emergency and ending on September 30 of the fiscal
year following the end of the qualifying emergency, the
Secretary shall submit to the authorizing committees (as
defined in section 103 of the Higher Education Act of 1965
(20 U.S.C. 1003)) a report that identifies each institution
of higher education or other grant recipient that received a
modification under this section.
SEC. 3519. SERVICE OBLIGATIONS FOR TEACHERS.
(a) Teach Grants.--For the purpose of section 420N of the
Higher Education Act of 1965 (20 U.S.C. 1070g-2), during a
qualifying emergency, the Secretary--
(1) may modify the categories of extenuating circumstances
under which a recipient of a grant under subpart 9 of part A
of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070g et seq.) who is unable to fulfill all or part of the
recipient's service obligation may be excused from fulfilling
that portion of the service obligation; and
(2) shall consider teaching service that, as a result of a
qualifying emergency, is part-time or temporarily
interrupted, to be full-time service and to fulfill the
service obligations under such section 420N.
(b) Teacher Loan Forgiveness.--Notwithstanding section 428J
or 460 of the Higher Education Act of 1965 (20 U.S.C. 1078-
10; 1087j), the Secretary shall waive the requirements under
such sections that years of teaching service shall be
consecutive if--
(1) the teaching service of a borrower is temporarily
interrupted due to a qualifying emergency; and
(2) after the temporary interruption due to a qualifying
emergency, the borrower resumes teaching service and
completes a total of 5 years of qualifying teaching service
under such sections, including qualifying teaching service
performed before, during, and after such qualifying
emergency.
Subtitle C--Labor Provisions
SEC. 3601. LIMITATION ON PAID LEAVE.
Section 110(b)(2)(B) of the Family and Medical Leave Act of
1993 (as added by the Emergency Family and Medical Leave
Expansion Act) is amended by striking clause (ii) and
inserting the following:
``(ii) Limitation.--An employer shall not be required to
pay more than $200 per day and $10,000 in the aggregate for
each employee for paid leave under this section.''.
SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION.
Section 5102 of the Emergency Paid Sick Leave Act (division
E of the Families First Coronavirus Response Act) is amended
by adding at the end the following:
``(f) Limitations.--An employer shall not be required to
pay more than either--
``(1) $511 per day and $5,110 in the aggregate for each
employee, when the employee is taking leave for a reason
described in paragraph (1), (2), or (3) of section 5102(a);
or
``(2) $200 per day and $2,000 in the aggregate for each
employee, when the employee is taking leave for a reason
described in paragraph (4), (5), or (6) of section
5102(a).''.
SEC. 3603. UNEMPLOYMENT INSURANCE.
Section 903(h)(2)(B) of the Social Security Act (42 U.S.C.
1103(h)(2)(B)), as added by section 4102 of the Emergency
Unemployment Insurance Stabilization and Access Act of 2020,
is amended to read as follows:
``(B) The State ensures that applications for unemployment
compensation, and assistance with the application process,
are accessible, to the extent practicable in at least two of
the following: in person, by phone, or online.''.
SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK LEAVE.
(a) Family and Medical Leave Act of 1993.--Section 110(a)
of title I of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611 et seq.) (as added by division C of the Families
First Coronavirus Response Act) is amended by adding at the
end the following new paragraph:
``(4) The Director of the Office of Management and Budget
shall have the authority to exclude for good cause from the
requirements under subsection (b) certain employers of the
United States Government with respect to certain categories
of Executive Branch employees.''.
(b) Emergency Paid Sick Leave Act.--The Emergency Paid Sick
Leave Act (division E of the Families First Coronavirus
Response Act) is amended by adding at the end the following
new section:
``SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES.
``The Director of the Office of Management and Budget shall
have the authority to exclude for good cause from the
definition of employee under section 5110(1) certain
employees described in subparagraphs (E) and (F) of such
section, including by exempting certain United States
Government employers covered by section 5110(2)(A)(i)(V) from
the requirements of this title with respect to certain
categories of Executive Branch employees.''.
SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES.
Section 110(a)(1)(A) of the Family and Medical Leave Act of
1993, as added by section 3102 of the Emergency Family and
Medical Leave Expansion Act, is amended to read as follows:
``(A) Eligible employee.--
``(i) In general.--In lieu of the definition in sections
101(2)(A) and 101(2)(B)(ii), the term `eligible employee'
means an employee who has been employed for at least 30
calendar days by the employer with respect to whom leave is
requested under section 102(a)(1)(F).
[[Page H1766]]
``(ii) Rule regarding rehired employees.--For purposes of
clause (i), the term `employed for at least 30 calendar
days', used with respect to an employee and an employer
described in clause (i), includes an employee who was laid
off by that employer not earlier than March 1, 2020, had
worked for the employer for not less than 30 of the last 60
calendar days prior to the employee's layoff, and was rehired
by the employer.''.
SEC. 3606. ADVANCE REFUNDING OF CREDITS.
(a) Payroll Credit for Required Paid Sick Leave.--Section
7001 of division G of the Families First Coronavirus Response
Act is amended--
(1) in subsection (b)(4)(A)--
(A) by striking ``(A) In general.--If the amount'' and
inserting ``(A)(i) Credit is refundable.--If the amount'';
and
(B) by adding at the end the following:
``(ii) Advancing credit.--In anticipation of the credit,
including the refundable portion under clause (i), the credit
may be advanced, according to forms and instructions provided
by the Secretary, up to an amount calculated under subsection
(a), subject to the limits under subsection (b), both
calculated through the end of the most recent payroll period
in the quarter.'';
(2) in subsection (f)--
(A) in paragraph (4), by striking ``, and'' and inserting a
comma;
(B) in paragraph (5), by striking the period at the end and
inserting ``, and''; and
(C) by adding at the end the following:
``(6) regulations or other guidance to permit the
advancement of the credit determined under subsection (a).'';
and
(3) by inserting after subsection (h) the following new
subsection:
``(i) Treatment of Deposits.--The Secretary of the Treasury
(or the Secretary's delegate) shall waive any penalty under
section 6656 of the Internal Revenue Code of 1986 for any
failure to make a deposit of the tax imposed by section
3111(a) or 3221(a) of such Code if the Secretary determines
that such failure was due to the anticipation of the credit
allowed under this section.''.
(b) Payroll Credit for Required Paid Family Leave.--Section
7003 of division G of the Families First Coronavirus Response
Act is amended--
(1) in subsection (b)(3)--
(A) by striking ``If the amount'' and inserting ``(A)
Credit is refundable.--If the amount''; and
(B) by adding at the end the following:
``(B) Advancing credit.--In anticipation of the credit,
including the refundable portion under subparagraph (A), the
credit may be advanced, according to forms and instructions
provided by the Secretary, up to an amount calculated under
subsection (a), subject to the limits under subsection (b),
both calculated through the end of the most recent payroll
period in the quarter.'';
(2) in subsection (f)--
(A) in paragraph (4), by striking ``, and'' and inserting a
comma;
(B) in paragraph (5), by striking the period at the end and
inserting ``, and''; and
(C) by adding at the end the following:
``(6) regulations or other guidance to permit the
advancement of the credit determined under subsection (a).'';
and
(c) by inserting after subsection (h) the following new
subsection:
``(i) Treatment of Deposits.--The Secretary of the Treasury
(or the Secretary's delegate) shall waive any penalty under
section 6656 of the Internal Revenue Code of 1986 for any
failure to make a deposit of the tax imposed by section
3111(a) or 3221(a) of such Code if the Secretary determines
that such failure was due to the anticipation of the credit
allowed under this section.''.
SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE CERTAIN
DEADLINES.
Section 518 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1148) is amended by striking ``or a
terroristic or military action (as defined in section
692(c)(2) of such Code), the Secretary may'' and inserting
``a terroristic or military action (as defined in section
692(c)(2) of such Code), or a public health emergency
declared by the Secretary of Health and Human Services
pursuant to section 319 of the Public Health Service Act, the
Secretary may''.
SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING RULES.
(a) Delay in Payment of Minimum Required Contributions.--In
the case of any minimum required contribution (as determined
under section 430(a) of the Internal Revenue Code of 1986 and
section 303(a) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1083(a))) which (but for this section)
would otherwise be due under section 430(j) of such Code
(including quarterly contributions under paragraph (3)
thereof) and section 303(j) of such Act (29 U.S.C. 1083(j))
(including quarterly contributions under paragraph (3)
thereof) during calendar year 2020--
(1) the due date for such contributions shall be January 1,
2021, and
(2) the amount of each such minimum required contribution
shall be increased by interest accruing for the period
between the original due date (without regard to this
section) for the contribution and the payment date, at the
effective rate of interest for the plan for the plan year
which includes such payment date.
(b) Benefit Restriction Status.--For purposes of section
436 of the Internal Revenue Code of 1986 and section 206(g)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1056(g)), a plan sponsor may elect to treat the plan's
adjusted funding target attainment percentage for the last
plan year ending before January 1, 2020, as the adjusted
funding target attainment percentage for plan years which
include calendar year 2020.
SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER
CHARITY PENSION PLAN RULES TO CERTAIN
CHARITABLE EMPLOYERS WHOSE PRIMARY EXEMPT
PURPOSE IS PROVIDING SERVICES WITH RESPECT TO
MOTHERS AND CHILDREN.
(a) Employee Retirement Income Security Act of 1974.--
Section 210(f)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1060(f)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph
(C)(iv) and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) that, as of January 1, 2000, was maintained by an
employer--
``(i) described in section 501(c)(3) of the Internal
Revenue Code of 1986,
``(ii) who has been in existence since at least 1938,
``(iii) who conducts medical research directly or
indirectly through grant making, and
``(iv) whose primary exempt purpose is to provide services
with respect to mothers and children.''.
(b) Internal Revenue Code of 1986.--Section 414(y)(1) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph
(C)(iv) and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) that, as of January 1, 2000, was maintained by an
employer--
``(i) described in section 501(c)(3),
``(ii) who has been in existence since at least 1938,
``(iii) who conducts medical research directly or
indirectly through grant making, and
``(iv) whose primary exempt purpose is to provide services
with respect to mothers and children.''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2018.
SEC. 3610. FEDERAL CONTRACTOR AUTHORITY.
Notwithstanding any other provision of law, and subject to
the availability of appropriations, funds made available to
an agency by this Act or any other Act may be used by such
agency to modify the terms and conditions of a contract, or
other agreement, without consideration, to reimburse at the
minimum applicable contract billing rates not to exceed an
average of 40 hours per week any paid leave, including sick
leave, a contractor provides to keep its employees or
subcontractors in a ready state, including to protect the
life and safety of Government and contractor personnel, but
in no event beyond September 30, 2020. Such authority shall
apply only to a contractor whose employees or subcontractors
cannot perform work on a site that has been approved by the
Federal Government, including a federally-owned or leased
facility or site, due to facility closures or other
restrictions, and who cannot telework because their job
duties cannot be performed remotely during the public health
emergency declared on January 31, 2020 for COVID-19:
Provided, That the maximum reimbursement authorized by this
section shall be reduced by the amount of credit a contractor
is allowed pursuant to division G of Public Law 116-127 and
any applicable credits a contractor is allowed under this
Act.
SEC. 3611. TECHNICAL CORRECTIONS.
(1) Section 110(a)(3) of the Family and Medical Leave Act
of 1993 (as added by the Emergency and Medical Leave
Expansion Act) is amended by striking ``553(d)(A)'' and
inserting ``553(d)(3)''.
(2) Section 5111 of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus Response Act)
is amended by striking ``553(d)(A)'' and inserting
``553(d)(3)''.
(3) Section 110(c) of the Family and Medical Leave Act of
1993 (as added by the Emergency and Medical Leave Expansion
Act) is amended by striking ``subsection (a)(2)(A)(iii)'' and
inserting ``subsection (a)(2)(A)''.
(4) Section 3104 of the Emergency Family and Medical Leave
Expansion Act (division C of the Families First Coronavirus
Response Act) is amended--
(A) by striking ``110(a)(B)'' and inserting ``section
110(a)(1)(B) of the Family and Medical Leave Act of 1993'';
and
(B) by striking ``section 107(a) for a violation of section
102(a)(1)(F) if the employer does not meet the definition of
employer set forth in Section 101(4)(A)(i)'' and inserting
``section 107(a) of such Act for a violation of section
102(a)(1)(F) of such Act if the employer does not meet the
definition of employer set forth in section 101(4)(A)(i) of
such Act''.
(5) Section 5110(1) of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus Response Act)
is amended--
(A) in the matter preceding subparagraph (A), by striking
``terms'' and inserting ``term''; and
(B) in subparagraph (A)(i), by striking ``paragraph
(5)(A)'' and inserting ``paragraph (2)(A)''.
(6) Section 5110(2)(B)(ii) of the Emergency Paid Sick Leave
Act (division E of the Families First Coronavirus Response
Act) is amended by striking ``clause (i)(IV)'' and inserting
``clause (i)(III)''.
(7) Section 110(a)(3) of the Family and Medical Leave Act
of 1993 (as added by the Emergency and Medical Leave
Expansion Act) is amended--
(A) by striking ``and'' after the semicolon at the end of
subparagraph (A);
(B) by striking the period at end of subparagraph (B) and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) as necessary to carry out the purposes of this Act,
including to ensure consistency between this Act and Division
E and Division G of the Families First Coronavirus Response
Act.''.
[[Page H1767]]
(8) Section 5104(1) of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus Response Act)
is amended by striking ``and'' after the semicolon and
inserting ``or''.
(9) Section 5105 of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus Response Act)
is amended by adding at the end the following:
``(c) Investigations and Collection of Data.--The Secretary
of Labor or his designee may investigate and gather data to
ensure compliance with this Act in the same manner as
authorized by sections 9 and 11 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 209; 211).''.
Subtitle D--Finance Committee
SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES.
(a) In General.--Paragraph (2) of section 223(c) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(E) Safe harbor for absence of deductible for
telehealth.--In the case of plan years beginning on or before
December 31, 2021, a plan shall not fail to be treated as a
high deductible health plan by reason of failing to have a
deductible for telehealth and other remote care services.''.
(b) Certain Coverage Disregarded.--Clause (ii) of section
223(c)(1)(B) of the Internal Revenue Code of 1986 is amended
by striking ``or long-term care'' and inserting ``long-term
care, or (in the case of plan years beginning on or before
December 31, 2021) telehealth and other remote care''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER MEDICAL
PRODUCTS AS QUALIFIED MEDICAL EXPENSES.
(a) HSAs.--Section 223(d)(2) of the Internal Revenue Code
of 1986 is amended--
(1) by striking the last sentence of subparagraph (A) and
inserting the following: ``For purposes of this subparagraph,
amounts paid for menstrual care products shall be treated as
paid for medical care.''; and
(2) by adding at the end the following new subparagraph:
``(D) Menstrual care product.--For purposes of this
paragraph, the term `menstrual care product' means a tampon,
pad, liner, cup, sponge, or similar product used by
individuals with respect to menstruation or other genital-
tract secretions.''.
(b) Archer MSAs.--Section 220(d)(2)(A) of such Code is
amended by striking the last sentence and inserting the
following: ``For purposes of this subparagraph, amounts paid
for menstrual care products (as defined in section
223(d)(2)(D)) shall be treated as paid for medical care.''.
(c) Health Flexible Spending Arrangements and Health
Reimbursement Arrangements.--Section 106 of such Code is
amended by striking subsection (f) and inserting the
following new subsection:
``(f) Reimbursements for Menstrual Care Products.--For
purposes of this section and section 105, expenses incurred
for menstrual care products (as defined in section
223(d)(2)(D)) shall be treated as incurred for medical
care.''.
(d) Effective Dates.--
(1) Distributions from savings accounts.--The amendment
made by subsections (a) and (b) shall apply to amounts paid
after December 31, 2019.
(2) Reimbursements.--The amendment made by subsection (c)
shall apply to expenses incurred after December 31, 2019.
SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES
DURING EMERGENCY PERIOD.
Section 1135 of the Social Security Act (42 U.S.C. 1320b-5)
is amended--
(1) in subsection (b)(8), by striking ``to an individual by
a qualified provider (as defined in subsection (g)(3))'' and
all that follows through the period and inserting ``, the
requirements of section 1834(m).''; and
(2) in subsection (g), by striking paragraph (3).
SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES FOR
FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL
HEALTH CLINICS DURING EMERGENCY PERIOD.
Section 1834(m) of the Social Security Act (42 U.S.C.
1395m(m)) is amended--
(1) in the first sentence of paragraph (1), by striking
``The Secretary'' and inserting ``Subject to paragraph (8),
the Secretary'';
(2) in paragraph (2)(A), by striking ``The Secretary'' and
inserting ``Subject to paragraph (8), the Secretary'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking ``The term'' and
inserting ``Subject to paragraph (8), the term''; and
(B) in subparagraph (F)(i), by striking ``The term'' and
inserting ``Subject to paragraph (8), the term''; and
(4) by adding at the end the following new paragraph:
``(8) Enhancing telehealth services for federally qualified
health centers and rural health clinics during emergency
period.--
``(A) In general.--During the emergency period described in
section 1135(g)(1)(B)--
``(i) the Secretary shall pay for telehealth services that
are furnished via a telecommunications system by a Federally
qualified health center or a rural health clinic to an
eligible telehealth individual enrolled under this part
notwithstanding that the Federally qualified health center or
rural clinic providing the telehealth service is not at the
same location as the beneficiary;
``(ii) the amount of payment to a Federally qualified
health center or rural health clinic that serves as a distant
site for such a telehealth service shall be determined under
subparagraph (B); and
``(iii) for purposes of this subsection--
``(I) the term `distant site' includes a Federally
qualified health center or rural health clinic that furnishes
a telehealth service to an eligible telehealth individual;
and
``(II) the term `telehealth services' includes a rural
health clinic service or Federally qualified health center
service that is furnished using telehealth to the extent that
payment codes corresponding to services identified by the
Secretary under clause (i) or (ii) of paragraph (4)(F) are
listed on the corresponding claim for such rural health
clinic service or Federally qualified health center service.
``(B) Special payment rule.--
``(i) In general.--The Secretary shall develop and
implement payment methods that apply under this subsection to
a Federally qualified health center or rural health clinic
that serves as a distant site that furnishes a telehealth
service to an eligible telehealth individual during such
emergency period. Such payment methods shall be based on
payment rates that are similar to the national average
payment rates for comparable telehealth services under the
physician fee schedule under section 1848. Notwithstanding
any other provision of law, the Secretary may implement such
payment methods through program instruction or otherwise.
``(ii) Exclusion from fqhc pps calculation and rhc air
calculation.--Costs associated with telehealth services shall
not be used to determine the amount of payment for Federally
qualified health center services under the prospective
payment system under section 1834(o) or for rural health
clinic services under the methodology for all-inclusive rates
(established by the Secretary) under section 1833(a)(3).''.
SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR FACE-TO-FACE
VISITS BETWEEN HOME DIALYSIS PATIENTS AND
PHYSICIANS.
Section 1881(b)(3)(B) of the Social Security Act (42 U.S.C.
1395rr(b)(3)(B)) is amended--
(1) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)'';
(2) in clause (ii), in the matter preceding subclause (I),
by striking ``Clause (i)'' and inserting ``Except as provided
in clause (iii), clause (i)''; and
(3) by adding at the end the following new clause:
``(iii) The Secretary may waive the provisions of clause
(ii) during the emergency period described in section
1135(g)(1)(B).''.
SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE
ENCOUNTER PRIOR TO RECERTIFICATION OF
ELIGIBILITY FOR HOSPICE CARE DURING EMERGENCY
PERIOD.
Section 1814(a)(7)(D)(i) of the Social Security Act (42
U.S.C. 1395f(a)(7(D)(i)) is amended--
(1) by striking ``a hospice'' and inserting ``(I) subject
to subclause (II), a hospice''; and
(2) by inserting after subclause (I), as added by paragraph
(1), the following new subclause:
``(II) during the emergency period described in section
1135(g)(1)(B), a hospice physician or nurse practitioner may
conduct a face-to-face encounter required under this clause
via telehealth, as determined appropriate by the Secretary;
and''.
SEC. 3707. ENCOURAGING USE OF TELECOMMUNICATIONS SYSTEMS FOR
HOME HEALTH SERVICES FURNISHED DURING EMERGENCY
PERIOD.
With respect to home health services (as defined in section
1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) that
are furnished during the emergency period described in
section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b-
5(g)(1)(B)), the Secretary of Health and Human Services shall
consider ways to encourage the use of telecommunications
systems, including for remote patient monitoring as described
in section 409.46(e) of title 42, Code of Federal Regulations
(or any successor regulations) and other communications or
monitoring services, consistent with the plan of care for the
individual, including by clarifying guidance and conducting
outreach, as appropriate.
SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH
SERVICES.
(a) Part A Provisions.--Section 1814(a) of the Social
Security Act (42 U.S.C. 1395f(a)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``, a nurse practitioner or clinical nurse specialist (as
such terms are defined in section 1861(aa)(5)) who is working
in accordance with State law, or a physician assistant (as
defined in section 1861(aa)(5)) who is working in accordance
with State law, who is'' after ``in the case of services
described in subparagraph (C), a physician''; and
(B) in subparagraph (C)--
(i) by inserting ``, a nurse practitioner, a clinical nurse
specialist, or a physician assistant (as the case may be)''
after ``physician'' the first 2 times it appears; and
(ii) by striking ``, and, in the case of a certification
made by a physician'' and all that follows through ``face-to-
face encounter'' and inserting ``, and, in the case of a
certification made by a physician after January 1, 2010, or
by a nurse practitioner, clinical nurse specialist, or
physician assistant (as the case may be) after a date
specified by the Secretary (but in no case later than the
date that is 6 months after the date of the enactment of the
CARES Act), prior to making such certification a physician,
nurse practitioner, clinical nurse specialist, or physician
assistant must document that a physician, nurse practitioner,
clinical nurse specialist, certified nurse-midwife (as
defined in section
[[Page H1768]]
1861(gg)) as authorized by State law, or physician assistant
has had a face-to-face encounter'';
(2) in the third sentence--
(A) by striking ``physician certification'' and inserting
``certification'';
(B) by inserting ``(or in the case of regulations to
implement the amendments made by section 3708 of the CARES
Act, the Secretary shall prescribe regulations, which shall
become effective no later than 6 months after the date of the
enactment of such Act)'' after ``1981''; and
(C) by striking ``a physician who'' and inserting ``a
physician, nurse practitioner, clinical nurse specialist, or
physician assistant who'';
(3) in the fourth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, or physician
assistant'' after ``physician''; and
(4) in the fifth sentence--
(A) by inserting ``or no later than 6 months after the date
of the enactment of the CARES Act for purposes of
documentation for certification and recertification made
under paragraph (2) by a nurse practitioner, clinical nurse
specialist, or physician assistant,'' after ``January 1,
2019''; and
(B) by inserting ``, nurse practitioner, clinical nurse
specialist, or physician assistant'' after ``of the
physician''.
(b) Part B Provisions.--Section 1835(a) of the Social
Security Act (42 U.S.C. 1395n(a)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``, a nurse practitioner or clinical nurse specialist (as
those terms are defined in section 1861(aa)(5)) who is
working in accordance with State law, or a physician
assistant (as defined in section 1861(aa)(5)) who is working
in accordance with State law, who is'' after ``in the case of
services described in subparagraph (A), a physician''; and
(B) in subparagraph (A)--
(i) in each of clauses (ii) and (iii) of subparagraph (A)
by inserting ``, a nurse practitioner, a clinical nurse
specialist, or a physician assistant (as the case may be)''
after ``physician''; and
(ii) in clause (iv), by striking ``after January 1, 2010''
and all that follows through ``face-to-face encounter'' and
inserting ``made by a physician after January 1, 2010, or by
a nurse practitioner, clinical nurse specialist, or physician
assistant (as the case may be) after a date specified by the
Secretary (but in no case later than the date that is 6
months after the date of the enactment of the CARES Act),
prior to making such certification a physician, nurse
practitioner, clinical nurse specialist, or physician
assistant must document that a physician, nurse practitioner,
clinical nurse specialist, certified nurse-midwife (as
defined in section 1861(gg)) as authorized by State law, or
physician assistant has had a face-to-face encounter'';
(2) in the third sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, or physician
assistant (as the case may be)'' after physician;
(3) in the fourth sentence--
(A) by striking ``physician certification'' and inserting
``certification'';
(B) by inserting ``(or in the case of regulations to
implement the amendments made by section 3708 of the CARES
Act the Secretary shall prescribe regulations which shall
become effective no later than 6 months after the enactment
of such Act)'' after ``1981''; and
(C) by striking ``a physician who'' and inserting ``a
physician, nurse practitioner, clinical nurse specialist, or
physician assistant who'';
(4) in the fifth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, or physician
assistant'' after ``physician''; and
(5) in the sixth sentence--
(A) by inserting ``or no later than 6 months after the date
of the enactment of the CARES Act for purposes of
documentation for certification and recertification made
under paragraph (2) by a nurse practitioner, clinical nurse
specialist, or physician assistant,'' after ``January 1,
2019''; and
(B) by inserting ``, nurse practitioner, clinical nurse
specialist, or physician assistant'' after ``of the
physician''.
(c) Definition Provisions.--
(1) Home health services.--Section 1861(m) of the Social
Security Act (42 U.S.C. 1395x(m)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, a nurse practitioner or a clinical
nurse specialist (as those terms are defined in subsection
(aa)(5)), or a physician assistant (as defined in subsection
(aa)(5))'' after ``physician'' the first place it appears;
and
(ii) by inserting ``, a nurse practitioner, a clinical
nurse specialist, or a physician assistant'' after
``physician'' the second place it appears; and
(B) in paragraph (3), by inserting ``, a nurse
practitioner, a clinical nurse specialist, or a physician
assistant'' after ``physician''.
(2) Home health agency.--Section 1861(o)(2) of the Social
Security Act (42 U.S.C. 1395x(o)(2)) is amended--
(A) by inserting ``, nurse practitioners or clinical nurse
specialists (as those terms are defined in subsection
(aa)(5)), certified nurse-midwives (as defined in subsection
(gg)), or physician assistants (as defined in subsection
(aa)(5))'' after ``physicians''; and
(B) by inserting ``, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, physician assistant,''
after ``physician''.
(3) Covered osteoporosis drug.--Section 1861(kk)(1) of the
Social Security Act (42 U.S.C. 1395x(kk)(1)) is amended by
inserting ``, nurse practitioner or clinical nurse specialist
(as those terms are defined in subsection (aa)(5)), certified
nurse-midwife (as defined in subsection (gg)), or physician
assistant (as defined in subsection (aa)(5))'' after
``attending physician''.
(d) Home Health Prospective Payment System Provisions.--
Section 1895 of the Social Security Act (42 U.S.C. 1395fff)
is amended--
(1) in subsection (c)(1)--
(A) by striking ``(provided under section 1842(r))''; and
(B) by inserting ``the nurse practitioner or clinical nurse
specialist (as those terms are defined in section
1861(aa)(5)), or the physician assistant (as defined in
section 1861(aa)(5))'' after ``physician''; and
(2) in subsection (e)--
(A) in paragraph (1)(A), by inserting ``a nurse
practitioner or clinical nurse specialist, or a physician
assistant'' after ``physician''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``Physician certification''
and inserting ``Rule of construction regarding requirement
for certification''; and
(ii) by striking ``physician''.
(e) Application to Medicaid.--The amendments made under
this section shall apply under title XIX of the Social
Security Act in the same manner and to the same extent as
such requirements apply under title XVIII of such Act or
regulations promulgated thereunder.
(f) Effective Date.--The Secretary of Health and Human
Services shall prescribe regulations to apply the amendments
made by this section to items and services furnished, which
shall become effective no later than 6 months after the date
of the enactment of this legislation. The Secretary shall
promulgate an interim final rule if necessary, to comply with
the required effective date.
SEC. 3709. ADJUSTMENT OF SEQUESTRATION.
(a) Temporary Suspension of Medicare Sequestration.--During
the period beginning on May 1, 2020 and ending on December
31, 2020, the Medicare programs under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) shall be exempt
from reduction under any sequestration order issued before,
on, or after the date of enactment of this Act.
(b) Extension of Direct Spending Reductions Through Fiscal
Year 2030.--Section 251A(6) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is
amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``through 2029'' and inserting ``through
2030''; and
(2) in subparagraph (C), in the matter preceding clause
(i), by striking ``fiscal year 2029'' and inserting ``fiscal
year 2030''.
SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT
SYSTEM ADD-ON PAYMENT FOR COVID-19 PATIENTS
DURING EMERGENCY PERIOD.
(a) In General.--Section 1886(d)(4)(C) of the Social
Security Act (42 U.S.C. 1395ww(d)(4)(C)) is amended by adding
at the end the following new clause:
``(iv)(I) For discharges occurring during the emergency
period described in section 1135(g)(1)(B), in the case of a
discharge of an individual diagnosed with COVID-19, the
Secretary shall increase the weighting factor that would
otherwise apply to the diagnosis-related group to which the
discharge is assigned by 20 percent. The Secretary shall
identify a discharge of such an individual through the use of
diagnosis codes, condition codes, or other such means as may
be necessary.
``(II) Any adjustment under subclause (I) shall not be
taken into account in applying budget neutrality under clause
(iii)
``(III) In the case of a State for which the Secretary has
waived all or part of this section under the authority of
section 1115A, nothing in this section shall preclude such
State from implementing an adjustment similar to the
adjustment under subclause (I).''.
(b) Implementation.--Notwithstanding any other provision of
law, the Secretary may implement the amendment made by
subsection (a) by program instruction or otherwise.
SEC. 3711. INCREASING ACCESS TO POST-ACUTE CARE DURING
EMERGENCY PERIOD.
(a) Waiver of IRF 3-hour Rule.--With respect to inpatient
rehabilitation services furnished by a rehabilitation
facility described in section 1886(j)(1) of the Social
Security Act (42 U.S.C. 1395ww(j)(1)) during the emergency
period described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of
Health and Human Services shall waive section
412.622(a)(3)(ii) of title 42, Code of Federal Regulations
(or any successor regulations), relating to the requirement
that patients of an inpatient rehabilitation facility receive
at least 15 hours of therapy per week.
(b) Waiver of Site-neutral Payment Rate Provisions for
Long-term Care Hospitals.--With respect to inpatient hospital
services furnished by a long-term care hospital described in
section 1886(d)(1)(B)(iv) of the Social Security Act (42
U.S.C. 1395ww(d)(1)(B)(iv)) during the emergency period
described in section 1135(g)(1)(B) of the Social Security Act
(42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and
Human Services shall waive the following provisions of
section 1886(m)(6) of such Act (42 U.S.C. 1395ww(m)(6)):
(1) LTCH 50-percent rule.--Subparagraph (C)(ii) of such
section, relating to the payment adjustment for long-term
care hospitals that do not have a discharge payment
percentage for the period that is at least 50 percent.
(2) Site-neutral ipps payment rate.--Subparagraph (A)(i) of
such section, relating to the application of the site-neutral
payment rate (and payment shall be made to a long-term care
hospital without regard to such section) for a discharge if
the admission occurs during such emergency period and is in
response to the public health emergency described in such
section 1135(g)(1)(B).
[[Page H1769]]
SEC. 3712. REVISING PAYMENT RATES FOR DURABLE MEDICAL
EQUIPMENT UNDER THE MEDICARE PROGRAM THROUGH
DURATION OF EMERGENCY PERIOD.
(a) Rural and Noncontiguous Areas.--The Secretary of Health
and Human Services shall implement section 414.210(g)(9)(iii)
of title 42, Code of Federal Regulations (or any successor
regulation), to apply the transition rule described in such
section to all applicable items and services furnished in
rural areas and noncontiguous areas (as such terms are
defined for purposes of such section) as planned through
December 31, 2020, and through the duration of the emergency
period described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), if longer.
(b) Areas Other Than Rural and Noncontiguous Areas.--With
respect to items and services furnished on or after the date
that is 30 days after the date of the enactment of this Act,
the Secretary of Health and Human Services shall apply
section 414.210(g)(9)(iv) of title 42, Code of Federal
Regulations (or any successor regulation), as if the
reference to ``dates of service from June 1, 2018 through
December 31, 2020, based on the fee schedule amount for the
area is equal to 100 percent of the adjusted payment amount
established under this section'' were instead a reference to
``dates of service from March 6, 2020, through the remainder
of the duration of the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)), based on the fee schedule amount for the area is
equal to 75 percent of the adjusted payment amount
established under this section and 25 percent of the
unadjusted fee schedule amount''.
SEC. 3713. COVERAGE OF THE COVID-19 VACCINE UNDER PART B OF
THE MEDICARE PROGRAM WITHOUT ANY COST-SHARING.
(a) Medical and Other Health Services.--Section
1861(s)(10)(A) of the Social Security Act (42 U.S.C.
1395x(s)(10)(A)) is amended by inserting ``, and COVID-19
vaccine and its administration'' after ``influenza vaccine
and its administration''.
(b) Part B Deductible.--The first sentence of section
1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is
amended--
(1) in paragraph (10), by striking ``and'' at the end; and
(2) in paragraph (11), by striking the period at the end
and inserting ``, and (12) such deductible shall not apply
with respect a COVID-19 vaccine and its administration
described in section 1861(s)(10)(A).''.
(c) Medicare Advantage.--Section 1852(a)(1)(B) of the
Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is
amended--
(1) in clause (iv)--
(A) by redesignating subclause (VI) as subclause (VII); and
(B) by inserting after subclause (V) the following new
subclause:
``(VI) A COVID-19 vaccine and its administration described
in section 1861(s)(10)(A).''; and
(2) in clause (v), by striking ``subclauses (IV) and (V)''
inserting ``subclauses (IV), (V), and (VI)''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
shall apply with respect to a COVID-19 vaccine beginning on
the date that such vaccine is licensed under section 351 of
the Public Health Service Act (42 U.S.C. 262).
(e) Implementation.--Notwithstanding any other provision of
law, the Secretary may implement the provisions of, and the
amendments made by, this section by program instruction or
otherwise.
SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG PLANS AND MA-
PD PLANS TO ALLOW DURING THE COVID-19 EMERGENCY
PERIOD FOR FILLS AND REFILLS OF COVERED PART D
DRUGS FOR UP TO A 3-MONTH SUPPLY.
(a) In General.--Section 1860D-4(b) of the Social Security
Act (42 U.S.C. 1395w-104(b)) is amended by adding at the end
the following new paragraph:
``(4) Ensuring access during covid-19 public health
emergency period.--
``(A) In general.--During the emergency period described in
section 1135(g)(1)(B), subject to subparagraph (B), a
prescription drug plan or MA-PD plan shall, notwithstanding
any cost and utilization management, medication therapy
management, or other such programs under this part, permit a
part D eligible individual enrolled in such plan to obtain in
a single fill or refill, at the option of such individual,
the total day supply (not to exceed a 90-day supply)
prescribed for such individual for a covered part D drug.
``(B) Safety edit exception.--A prescription drug plan or
MA-PD plan may not permit a part D eligible individual to
obtain a single fill or refill inconsistent with an
applicable safety edit.''.
(b) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendment made by this section by program instruction or
otherwise.
SEC. 3715. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN
ACUTE CARE HOSPITALS.
Section 1902(h) of the Social Security Act (42 U.S.C.
1396a(h)) is amended--
(1) by inserting ``(1)'' after ``(h)'';
(2) by inserting ``, home and community-based services
provided under subsection (c), (d), or (i) of section 1915 or
under a waiver or demonstration project under section 1115,
self-directed personal assistance services provided pursuant
to a written plan of care under section 1915(j), and home and
community-based attendant services and supports under section
1915(k)'' before the period; and
(3) by adding at the end the following:
``(2) Nothing in this title, title XVIII, or title XI shall
be construed as prohibiting receipt of any care or services
specified in paragraph (1) in an acute care hospital that
are--
``(A) identified in an individual's person-centered service
plan (or comparable plan of care);
``(B) provided to meet needs of the individual that are not
met through the provision of hospital services;
``(C) not a substitute for services that the hospital is
obligated to provide through its conditions of participation
or under Federal or State law, or under another applicable
requirement; and
``(D) designed to ensure smooth transitions between acute
care settings and home and community-based settings, and to
preserve the individual's functional abilities.''.
SEC. 3716. CLARIFICATION REGARDING UNINSURED INDIVIDUALS.
Subsection (ss) of section 1902 of the Social Security Act
(42 U.S.C. 1396a), as added by section 6004(a)(3)(C) of the
Families First Coronavirus Response Act, is amended--
(1) in paragraph (1), by inserting ``(excluding subclause
(VIII) of such subsection if the individual is a resident of
a State which does not furnish medical assistance to
individuals described in such subclause)'' before the
semicolon; and
(2) in paragraph (2), by inserting ``, except that
individuals who are eligible for medical assistance under
subsection (a)(10)(A)(ii)(XII), subsection
(a)(10)(A)(ii)(XVIII), subsection (a)(10)(A)(ii)(XXI), or
subsection (a)(10)(C) (but only to the extent such an
individual is considered to not have minimum essential
coverage under section 5000A(f)(1) of the Internal Revenue
Code of 1986), or who are described in subsection (l)(1)(A)
and are eligible for medical assistance only because of
subsection (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX) and whose
eligibility for such assistance is limited by the State under
clause (VII) in the matter following subsection (a)(10)(G),
shall not be treated as enrolled in a Federal health care
program for purposes of this paragraph'' before the period at
the end.
SEC. 3717. CLARIFICATION REGARDING COVERAGE OF COVID-19
TESTING PRODUCTS.
Subparagraph (B) of section 1905(a)(3) of the Social
Security Act (42 U.S.C. 1396d(a)(3)), as added by section
6004(a)(1)(C) of the Families First Coronavirus Response Act
(Public Law 116-127), is amended by striking ``that are
approved, cleared, or authorized under section 510(k), 513,
515 or 564 of the Federal Food, Drug, and Cosmetic Act''.
SEC. 3718. AMENDMENTS RELATING TO REPORTING REQUIREMENTS WITH
RESPECT TO CLINICAL DIAGNOSTIC LABORATORY
TESTS.
(a) Revised Reporting Period for Reporting of Private
Sector Payment Rates for Establishment of Medicare Payment
Rates.--Section 1834A(a)(1)(B) of the Social Security Act (42
U.S.C. 1395m-1(a)(1)(B)) is amended--
(1) in clause (i), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''; and
(2) in clause (ii)--
(A) by striking ``January 1, 2021'' and inserting ``January
1, 2022''; and
(B) by striking ``March 31, 2021'' and inserting ``March
31, 2022''.
(b) Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security
Act (42 U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``through 2023'' and
inserting ``through 2024''; and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iii);
(C) by inserting after clause (i) the following new clause:
``(ii) for 2021, 0 percent; and''; and
(D) in clause (iii), as redesignated by subparagraph (B),
by striking ``2021 through 2023'' and inserting ``2022
through 2024''.
SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL ACCELERATED
PAYMENT PROGRAM DURING THE COVID-19 PUBLIC
HEALTH EMERGENCY.
Section 1815 of the Social Security Act (42 U.S.C. 1395g)
is amended--
(1) in subsection (e)(3), by striking ``In the case'' and
inserting ``Subject to subsection (f), in the case''; and
(2) by adding at the end the following new subsection:
``(f)(1) During the emergency period described in section
1135(g)(1)(B), the Secretary shall expand the program under
subsection (e)(3) pursuant to paragraph (2).
``(2) In expanding the program under subsection (e)(3), the
following shall apply:
``(A)(i) In addition to the hospitals described in
subsection (e)(3), the following hospitals shall be eligible
to participate in the program:
``(I) Hospitals described in clause (iii) of section
1886(d)(1)(B).
``(II) Hospitals described in clause (v) of such section.
``(III) Critical access hospitals (as defined in section
1861(mm)(1)).
``(ii) Subject to appropriate safeguards against fraud,
waste, and abuse, upon a request of a hospital described in
clause (i), the Secretary shall provide accelerated payments
under the program to such hospital.
``(B) Upon the request of the hospital, the Secretary may
do any of the following:
``(i) Make accelerated payments on a periodic or lump sum
basis.
[[Page H1770]]
``(ii) Increase the amount of payment that would otherwise
be made to hospitals under the program up to 100 percent (or,
in the case of critical access hospitals, up to 125 percent).
``(iii) Extend the period that accelerated payments cover
so that it covers up to a 6-month period.
``(C) Upon the request of the hospital, the Secretary shall
do the following:
``(i) Provide up to 120 days before claims are offset to
recoup the accelerated payment.
``(ii) Allow not less than 12 months from the date of the
first accelerated payment before requiring that the
outstanding balance be paid in full.
``(3) Nothing in this subsection shall preclude the
Secretary from carrying out the provisions described in
clauses (i), (ii), and (iii) of paragraph (2)(B) and clauses
(i) and (ii) of paragraph (2)(C) under the program under
subsection (e)(3) after the period for which this subsection
applies.
``(4) Notwithstanding any other provision of law, the
Secretary may implement the provisions of this subsection by
program instruction or otherwise.''.
SEC. 3720. DELAYING REQUIREMENTS FOR ENHANCED FMAP TO ENABLE
STATE LEGISLATION NECESSARY FOR COMPLIANCE.
Section 6008 of the Families First Coronavirus Response Act
is amended by adding at the end the following new subsection:
``(d) Delay in Application of Premium Requirement.--During
the 30 day period beginning on the date of enactment of this
Act, a State shall not be ineligible for the increase to the
Federal medical assistance percentage of the State described
in subsection (a) on the basis that the State imposes a
premium that violates the requirement of subsection (b)(2) if
such premium was in effect on the date of enactment of this
Act.''.
Subtitle E--Health and Human Services Extenders
PART I--MEDICARE PROVISIONS
SEC. 3801. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER
THE MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w-4(e)(1)(E)) is amended by striking ``May 23, 2020'' and
inserting ``December 1, 2020''.
SEC. 3802. EXTENSION OF FUNDING FOR QUALITY MEASURE
ENDORSEMENT, INPUT, AND SELECTION.
(a) In General.--Section 1890(d)(2) of the Social Security
Act (42 U.S.C. 1395aaa(d)(2)) is amended--
(1) in the first sentence, by striking ``and $4,830,000 for
the period beginning on October 1, 2019, and ending on May
22, 2020'' and inserting ``$20,000,000 for fiscal year 2020,
and for the period beginning on October 1, 2020, and ending
on November 30, 2020, the amount equal to the pro rata
portion of the amount appropriated for such period for fiscal
year 2020''; and
(2) in the third sentence, by striking ``and 2019 and for
the period beginning on October 1, 2019, and ending on May
22, 2020'' and inserting ``, 2019, and 2020, and for the
period beginning on October 1, 2020, and ending on November
30, 2020,''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
Further Consolidated Appropriations Act, 2020 (Public Law
116-94).
SEC. 3803. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
LOW-INCOME PROGRAMS.
(a) Funding Extensions.--
(1) Additional funding for state health insurance
programs.--Subsection (a)(1)(B) of section 119 of the
Medicare Improvements for Patients and Providers Act of 2008
(42 U.S.C. 1395b-3 note), as amended by section 3306 of the
Patient Protection and Affordable Care Act (Public Law 111-
148), section 610 of the American Taxpayer Relief Act of 2012
(Public Law 112-240), section 1110 of the Pathway for SGR
Reform Act of 2013 (Public Law 113-67), section 110 of the
Protecting Access to Medicare Act of 2014 (Public Law 113-
93), section 208 of the Medicare Access and CHIP
Reauthorization Act of 2015 (Public Law 114-10), section
50207 of division E of the Bipartisan Budget Act of 2018
(Public Law 115-123), section 1402 of division B of the
Continuing Appropriations Act, 2020, and Health Extenders Act
of 2019 (Public Law 116-59), section 1402 of division B of
the Further Continuing Appropriations Act, 2020, and Further
Health Extenders Act of 2019 (Public Law 116-69), and section
103 of division N of the Further Consolidated Appropriations
Act, 2020 (Public Law 116-94) is amended by striking clauses
(x) through (xii) and inserting the following new clauses:
``(x) for fiscal year 2020, of $13,000,000; and
``(xi) for the period beginning on October 1, 2020, and
ending on November 30, 2020, the amount equal to the pro rata
portion of the amount appropriated for such period for fiscal
year 2020.''.
(2) Additional funding for area agencies on aging.--
Subsection (b)(1)(B) of such section 119, as so amended, is
amended by striking clauses (x) through (xii) and inserting
the following new clauses:
``(x) for fiscal year 2020, of $7,500,000; and
``(xi) for the period beginning on October 1, 2020, and
ending on November 30, 2020, the amount equal to the pro rata
portion of the amount appropriated for such period for fiscal
year 2020.''.
(3) Additional funding for aging and disability resource
centers.--Subsection (c)(1)(B) of such section 119, as so
amended, is amended by striking clauses (x) through (xii) and
inserting the following new clauses:
``(x) for fiscal year 2020, of $5,000,000; and
``(xi) for the period beginning on October 1, 2020, and
ending on November 30, 2020, the amount equal to the pro rata
portion of the amount appropriated for such period for fiscal
year 2020.''.
(4) Additional funding for contract with the national
center for benefits and outreach enrollment.--Subsection
(d)(2) of such section 119, as so amended, is amended by
striking clauses (x) through (xii) and inserting the
following new clauses:
``(x) for fiscal year 2020, of $12,000,000; and
``(xi) for the period beginning on October 1, 2020, and
ending on November 30, 2020, the amount equal to the pro rata
portion of the amount appropriated for such period for fiscal
year 2020.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
Further Consolidated Appropriations Act, 2020 (Public Law
116-94).
PART II--MEDICAID PROVISIONS
SEC. 3811. EXTENSION OF THE MONEY FOLLOWS THE PERSON
REBALANCING DEMONSTRATION PROGRAM.
Section 6071(h) of the Deficit Reduction Act of 2005 (42
U.S.C. 1396a note) is amended--
(1) in paragraph (1), by striking subparagraph (G) and
inserting the following:
``(G) subject to paragraph (3), $337,500,000 for the period
beginning on January 1, 2020, and ending on September 30,
2020; and
``(H) subject to paragraph (3), for the period beginning on
October 1, 2020, and ending on November 30, 2020, the amount
equal to the pro rata portion of the amount appropriated for
such period for fiscal year 2020.''; and
(2) in paragraph (3), by striking ``and (G)'' and inserting
``, (G), and (H)''.
SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) In General.--Section 2404 of Public Law 111-148 (42
U.S.C. 1396r-5 note) is amended by striking ``May 22, 2020''
and inserting ``November 30, 2020''.
(b) Rule of Construction.--Nothing in section 2404 of
Public Law 111-148 (42 U.S.C. 1396r-5 note) or section
1902(a)(17) or 1924 of the Social Security Act (42 U.S.C.
1396a(a)(17), 1396r-5) shall be construed as prohibiting a
State from--
(1) applying an income or resource disregard under a
methodology authorized under section 1902(r)(2) of such Act
(42 U.S.C. 1396a(r)(2))--
(A) to the income or resources of an individual described
in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C.
1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income
or resources of such individual's spouse); or
(B) on the basis of an individual's need for home and
community-based services authorized under subsection (c),
(d), (i), or (k) of section 1915 of such Act (42 U.S.C.
1396n) or under section 1115 of such Act (42 U.S.C. 1315); or
(2) disregarding an individual's spousal income and assets
under a plan amendment to provide medical assistance for home
and community-based services for individuals by reason of
being determined eligible under section 1902(a)(10)(C) of
such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section
1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the
basis of a reduction of income based on costs incurred for
medical or other remedial care under which the State
disregarded the income and assets of the individual's spouse
in determining the initial and ongoing financial eligibility
of an individual for such services in place of the spousal
impoverishment provisions applied under section 1924 of such
Act (42 U.S.C. 1396r-5).
SEC. 3813. DELAY OF DSH REDUCTIONS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.
1396r-4(f)(7)(A)) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by striking ``May 23, 2020, and ending September 30, 2020,
and for each of fiscal years 2021'' and inserting ``December
1, 2020, and ending September 30, 2021, and for each of
fiscal years 2022''; and
(2) in clause (ii)--
(A) in subclause (I), by striking ``May 23, 2020, and
ending September 30, 2020'' and inserting ``December 1, 2020,
and ending September 30, 2021''; and
(B) in subclause (II), by striking ``2021'' and inserting
``2022''.
SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY MENTAL HEALTH
SERVICES DEMONSTRATION PROGRAM.
(a) In General.--Section 223(d) of the Protecting Access to
Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
(1) in paragraph (3)--
(A) by striking ``Not more than'' and inserting ``Subject
to paragraph (8), not more than''; and
(B) by striking ``May 22, 2020'' and inserting ``November
30, 2020''; and
(2) by adding at the end the following new paragraph:
``(8) Additional programs.--
``(A) In general.--Not later than 6 months after the date
of enactment of this paragraph, in addition to the 8 States
selected under paragraph (1), the Secretary shall select 2
States to participate in 2-year demonstration programs that
meet the requirements of this subsection.
``(B) Selection of states.--
``(i) In general.--Subject to clause (ii), in selecting
States under this paragraph, the Secretary--
``(I) shall select States that--
``(aa) were awarded planning grants under subsection (c);
and
``(bb) applied to participate in the demonstration programs
under this subsection under paragraph (1) but, as of the date
of enactment of this paragraph, were not selected to
participate under paragraph (1); and
``(II) shall use the results of the Secretary's evaluation
of each State's application under paragraph (1) to determine
which States to select, and shall not require the submission
of any additional application.
[[Page H1771]]
``(C) Requirements for selected states.--Prior to services
being delivered under the demonstration authority in a State
selected under this paragraph, the State shall--
``(i) submit a plan to monitor certified community
behavioral health clinics under the demonstration program to
ensure compliance with certified community behavioral health
criteria during the demonstration period; and
``(ii) commit to collecting data, notifying the Secretary
of any planned changes that would deviate from the
prospective payment system methodology outlined in the
State's demonstration application, and obtaining approval
from the Secretary for any such change before implementing
the change.''.
(b) Limitation.--Section 223(d)(5) of the Protecting Access
to Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``The Federal matching'' and inserting
``Subject to subparagraph (C)(iii), the Federal matching'';
and
(2) in subparagraph (C), by adding at the end the following
new clause:
``(iii) Payments for amounts expended after 2019.--The
Federal matching percentage applicable under subparagraph (B)
to amounts expended by a State participating in the
demonstration program under this subsection shall--
``(I) in the case of a State participating in the
demonstration program as of January 1, 2020, apply to amounts
expended by the State during the 8 fiscal quarter period (or
any portion of such period) that begins on January 1, 2020;
and
``(II) in the case of a State selected to participate in
the demonstration program under paragraph (8), during first 8
fiscal quarter period (or any portion of such period) that
the State participates in a demonstration program.''.
(c) GAO Study and Report on the Community and Mental Health
Services Demonstration Program.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Finance of the Senate a report on the community and mental
health services demonstration program conducted under section
223 of the Protecting Access to Medicare Act of 2014 (42
U.S.C. 1396a note) (referred to in this subsection as the
``demonstration program'').
(2) Content of report.--The report required under paragraph
(1) shall include the following information:
(A) Information on States' experiences participating in the
demonstration program, including the extent to which States--
(i) measure the effects of access to certified community
behavioral health clinics on patient health and cost of care,
including--
(I) engagement in treatment for behavioral health
conditions;
(II) relevant clinical outcomes, to the extent collected;
(III) screening and treatment for comorbid medical
conditions; and
(IV) use of crisis stabilization, emergency department, and
inpatient care.
(B) Information on Federal efforts to evaluate the
demonstration program, including--
(i) quality measures used to evaluate the program;
(ii) assistance provided to States on data collection and
reporting;
(iii) assessments of the reliability and usefulness of
State-submitted data; and
(iv) the extent to which such efforts provide information
on the relative quality, scope, and cost of services as
compared with services not provided under the demonstration
program, and in comparison to Medicaid beneficiaries with
mental illness and substance use disorders not served under
the demonstration program.
(C) Recommendations for improvements to the following:
(i) The reporting, accuracy, and validation of encounter
data.
(ii) Accuracy in payments to certified community behavioral
health clinics under State plans or waivers under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.).
PART III--HUMAN SERVICES AND OTHER HEALTH PROGRAMS
SEC. 3821. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION
PROGRAM.
Section 510 of the Social Security Act (42 U.S.C. 710) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A)--
(i) by striking ``and 2019 and for the period beginning
October 1, 2019, and ending May 22, 2020'' and inserting
``through 2020 and for the period beginning October 1, 2020,
and ending November 30, 2020''; and
(ii) by striking ``fiscal year 2020'' and inserting
``fiscal year 2021''
(B) in paragraph (2)(A)--
(i) by striking ``and 2019 and for the period beginning
October 1, 2019, and ending May 22, 2020'' and inserting
``through 2020 and for the period beginning October 1, 2020,
and ending November 30, 2020''; and
(ii) by striking ``fiscal year 2020'' and inserting
``fiscal year 2021''; and
(2) in subsection (f)(1), by striking ``and 2019 and
$48,287,671 for the period beginning October 1, 2019, and
ending May 22, 2020'' and inserting ``through 2020, and for
the period beginning on October 1, 2020, and ending on
November 30, 2020, the amount equal to the pro rata portion
of the amount appropriated for such period for fiscal year
2020''.
SEC. 3822. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION
PROGRAM.
Section 513 of the Social Security Act (42 U.S.C. 713) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``2019 and for the period beginning October
1, 2019, and ending May 22, 2020'' and inserting ``2020 and
for the period beginning October 1, 2020, and ending November
30, 2020''; and
(ii) in subparagraph (B)(i), by striking by striking
``October 1, 2019, and ending May 22, 2020'' and inserting
``October 1, 2020, and ending November 30, 2020'';
(2) in paragraph (4)(A), by striking ``2019'' each place it
appears and inserting ``2020''; and
(3) in subsection (f), by striking ``2019 and $48,287,671
for the period beginning October 1, 2019, and ending May 22,
2020'' and inserting ``2020, and for the period beginning on
October 1, 2020, and ending on November 30, 2020, the amount
equal to the pro rata portion of the amount appropriated for
such period for fiscal year 2020''.
SEC. 3823. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS
HEALTH PROFESSIONS WORKFORCE NEEDS.
Activities authorized by section 2008 of the Social
Security Act shall continue through November 30, 2020, in the
manner authorized for fiscal year 2019, and out of any money
in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may
be necessary for such purpose. Grants and payments may be
made pursuant to this authority through the date so specified
at the pro rata portion of the total amount authorized for
such activities in fiscal year 2019.
SEC. 3824. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES PROGRAM AND RELATED PROGRAMS.
Activities authorized by part A of title IV and section
1108(b) of the Social Security Act shall continue through
November 30, 2020, in the manner authorized for fiscal year
2019, and out of any money in the Treasury of the United
States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose.
PART IV--PUBLIC HEALTH PROVISIONS
SEC. 3831. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE
NATIONAL HEALTH SERVICE CORPS, AND TEACHING
HEALTH CENTERS THAT OPERATE GME PROGRAMS.
(a) Community Health Centers.--Section 10503(b)(1)(F) of
the Patient Protection and Affordable Care Act (42 U.S.C.
254b-2(b)(1)(F)) is amended by striking ``and $2,575,342,466
for the period beginning on October 1, 2019, and ending on
May 22, 2020'' and inserting ``$4,000,000,000 for fiscal year
2020, and $668,493,151 for the period beginning on October 1,
2020, and ending on November 30, 2020''.
(b) National Health Service Corps.--Section 10503(b)(2) of
the Patient Protection and Affordable Care Act (42 U.S.C.
254b-2(b)(2)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
and
(2) by striking subparagraph (G) and inserting the
following:
``(G) $310,000,000 for fiscal year 2020; and
``(H) $51,808,219 for the period beginning on October 1,
2020, and ending on November 30, 2020.''.
(c) Teaching Health Centers That Operate Graduate Medical
Education Programs.--Section 340H(g)(1) of the Public Health
Service Act (42 U.S.C. 256h(g)(1)) is amended by striking
``and 2019, and $81,445,205 for the period beginning on
October 1, 2019, and ending on May 22, 2020'' and inserting
``through fiscal year 2020, and $21,141,096 for the period
beginning on October 1, 2020, and ending on November 30,
2020''.
(d) Application of Provisions.--Amounts appropriated
pursuant to the amendments made by this section for fiscal
year 2020 and for the period beginning on October 1, 2020,
and ending on November 30, 2020, shall be subject to the
requirements contained in Public Law 116-94 for funds for
programs authorized under sections 330 through 340 of the
Public Health Service Act (42 U.S.C. 254 through 256).
(e) Conforming Amendment.--Paragraph (4) of section 3014(h)
of title 18, United States Code, as amended by section 401(e)
of division N of Public Law 116-94, is amended by striking
``section 401(d) of division N of the Further Consolidated
Appropriations Act, 2020'' and inserting ``section 3831 of
the CARES Act''.
SEC. 3832. DIABETES PROGRAMS.
(a) Type I.--Section 330B(b)(2)(D) of the Public Health
Service Act (42 U.S.C. 254c-2(b)(2)(D)) is amended by
striking ``and 2019, and $96,575,342 for the period beginning
on October 1, 2019, and ending on May 22, 2020'' and
inserting ``through 2020, and $25,068,493 for the period
beginning on October 1, 2020, and ending on November 30,
2020''.
(b) Indians.--Section 330C(c)(2)(D) of the Public Health
Service Act (42 U.S.C. 254c-3(c)(2)(D)) is amended by
striking ``and 2019, and $96,575,342 for the period beginning
on October 1, 2019, and ending on May 22, 2020'' and
inserting ``through 2020, and $25,068,493 for the period
beginning on October 1, 2020, and ending on November 30,
2020''.
PART V--MISCELLANEOUS PROVISIONS
SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS FOR FISCAL
YEAR 2020.
Expenditures made under any provision of law amended in
this title pursuant to the amendments made by the Continuing
Appropriations Act, 2020, and Health Extenders Act of 2019
(Public Law 116-59), the Further Continuing Appropriations
Act, 2020, and Further Health Extenders Act of 2019 (Public
Law 116-69), and the Further Consolidated Appropriations Act,
2020 (Public Law 116-94) for fiscal year 2020 shall be
charged to the applicable appropriation or authorization
provided by the amendments made by this title to such
provision of law for such fiscal year.
[[Page H1772]]
Subtitle F--Over-the-Counter Drugs
PART I--OTC DRUG REVIEW
SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT
ARE MARKETED WITHOUT AN APPROVED DRUG
APPLICATION.
(a) In General.--Chapter V of the Federal Food, Drug, and
Cosmetic Act is amended by inserting after section 505F of
such Act (21 U.S.C. 355g) the following:
``SEC. 505G. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT
ARE MARKETED WITHOUT AN APPROVED DRUG
APPLICATION.
``(a) Nonprescription Drugs Marketed Without an Approved
Application.--Nonprescription drugs marketed without an
approved drug application under section 505, as of the date
of the enactment of this section, shall be treated in
accordance with this subsection.
``(1) Drugs subject to a final monograph; category i drugs
subject to a tentative final monograph.--A drug is deemed to
be generally recognized as safe and effective under section
201(p)(1), not a new drug under section 201(p), and not
subject to section 503(b)(1), if--
``(A) the drug is--
``(i) in conformity with the requirements for
nonprescription use of a final monograph issued under part
330 of title 21, Code of Federal Regulations (except as
provided in paragraph (2)), the general requirements for
nonprescription drugs, and conditions or requirements under
subsections (b), (c), and (k); and
``(ii) except as permitted by an order issued under
subsection (b) or, in the case of a minor change in the drug,
in conformity with an order issued under subsection (c), in a
dosage form that, immediately prior to the date of the
enactment of this section, has been used to a material extent
and for a material time under section 201(p)(2); or
``(B) the drug is--
``(i) classified in category I for safety and effectiveness
under a tentative final monograph that is the most recently
applicable proposal or determination issued under part 330 of
title 21, Code of Federal Regulations;
``(ii) in conformity with the proposed requirements for
nonprescription use of such tentative final monograph, any
applicable subsequent determination by the Secretary, the
general requirements for nonprescription drugs, and
conditions or requirements under subsections (b), (c), and
(k); and
``(iii) except as permitted by an order issued under
subsection (b) or, in the case of a minor change in the drug,
in conformity with an order issued under subsection (c), in a
dosage form that, immediately prior to the date of the
enactment of this section, has been used to a material extent
and for a material time under section 201(p)(2).
``(2) Treatment of sunscreen drugs.--With respect to
sunscreen drugs subject to this section, the applicable
requirements in terms of conformity with a final monograph,
for purposes of paragraph (1)(A)(i), shall be the
requirements specified in part 352 of title 21, Code of
Federal Regulations, as published on May 21, 1999, beginning
on page 27687 of volume 64 of the Federal Register, except
that the applicable requirements governing effectiveness and
labeling shall be those specified in section 201.327 of title
21, Code of Federal Regulations.
``(3) Category iii drugs subject to a tentative final
monograph; category i drugs subject to proposed monograph or
advance notice of proposed rulemaking.--A drug that is not
described in paragraph (1), (2), or (4) is not required to be
the subject of an application approved under section 505, and
is not subject to section 503(b)(1), if--
``(A) the drug is--
``(i) classified in category III for safety or
effectiveness in the preamble of a proposed rule establishing
a tentative final monograph that is the most recently
applicable proposal or determination for such drug issued
under part 330 of title 21, Code of Federal Regulations;
``(ii) in conformity with--
``(I) the conditions of use, including indication and
dosage strength, if any, described for such category III drug
in such preamble or in an applicable subsequent proposed
rule;
``(II) the proposed requirements for drugs classified in
such tentative final monograph in category I in the most
recently proposed rule establishing requirements related to
such tentative final monograph and in any final rule
establishing requirements that are applicable to the drug;
and
``(III) the general requirements for nonprescription drugs
and conditions or requirements under subsection (b) or (k);
and
``(iii) in a dosage form that, immediately prior to the
date of the enactment of this section, had been used to a
material extent and for a material time under section
201(p)(2); or
``(B) the drug is--
``(i) classified in category I for safety and effectiveness
under a proposed monograph or advance notice of proposed
rulemaking that is the most recently applicable proposal or
determination for such drug issued under part 330 of title
21, Code of Federal Regulations;
``(ii) in conformity with the requirements for
nonprescription use of such proposed monograph or advance
notice of proposed rulemaking, any applicable subsequent
determination by the Secretary, the general requirements for
nonprescription drugs, and conditions or requirements under
subsection (b) or (k); and
``(iii) in a dosage form that, immediately prior to the
date of the enactment of this section, has been used to a
material extent and for a material time under section
201(p)(2).
``(4) Category ii drugs deemed new drugs.--A drug that is
classified in category II for safety or effectiveness under a
tentative final monograph or that is subject to a
determination to be not generally recognized as safe and
effective in a proposed rule that is the most recently
applicable proposal issued under part 330 of title 21, Code
of Federal Regulations, shall be deemed to be a new drug
under section 201(p), misbranded under section 502(ee), and
subject to the requirement for an approved new drug
application under section 505 beginning on the day that is
180 calendar days after the date of the enactment of this
section, unless, before such day, the Secretary determines
that it is in the interest of public health to extend the
period during which the drug may be marketed without such an
approved new drug application.
``(5) Drugs not grase deemed new drugs.--A drug that the
Secretary has determined not to be generally recognized as
safe and effective under section 201(p)(1) under a final
determination issued under part 330 of title 21, Code of
Federal Regulations, shall be deemed to be a new drug under
section 201(p), misbranded under section 502(ee), and subject
to the requirement for an approved new drug application under
section 505.
``(6) Other drugs deemed new drugs.--Except as provided in
subsection (m), a drug is deemed to be a new drug under
section 201(p) and misbranded under section 502(ee) if the
drug--
``(A) is not subject to section 503(b)(1); and
``(B) is not described in paragraph (1), (2), (3), (4), or
(5), or subsection (b)(1)(B).
``(b) Administrative Orders.--
``(1) In general.--
``(A) Determination.--The Secretary may, on the initiative
of the Secretary or at the request of one or more requestors,
issue an administrative order determining whether there are
conditions under which a specific drug, a class of drugs, or
a combination of drugs, is determined to be--
``(i) not subject to section 503(b)(1); and
``(ii) generally recognized as safe and effective under
section 201(p)(1).
``(B) Effect.--A drug or combination of drugs shall be
deemed to not require approval under section 505 if such drug
or combination of drugs--
``(i) is determined by the Secretary to meet the conditions
specified in clauses (i) and (ii) of subparagraph (A);
``(ii) is marketed in conformity with an administrative
order under this subsection;
``(iii) meets the general requirements for nonprescription
drugs; and
``(iv) meets the requirements under subsections (c) and
(k).
``(C) Standard.--The Secretary shall find that a drug is
not generally recognized as safe and effective under section
201(p)(1) if--
``(i) the evidence shows that the drug is not generally
recognized as safe and effective under section 201(p)(1); or
``(ii) the evidence is inadequate to show that the drug is
generally recognized as safe and effective under section
201(p)(1).
``(2) Administrative orders initiated by the secretary.--
``(A) In general.--In issuing an administrative order under
paragraph (1) upon the Secretary's initiative, the Secretary
shall--
``(i) make reasonable efforts to notify informally, not
later than 2 business days before the issuance of the
proposed order, the sponsors of drugs who have a listing in
effect under section 510(j) for the drugs or combination of
drugs that will be subject to the administrative order;
``(ii) after any such reasonable efforts of notification--
``(I) issue a proposed administrative order by publishing
it on the website of the Food and Drug Administration and
include in such order the reasons for the issuance of such
order; and
``(II) publish a notice of availability of such proposed
order in the Federal Register;
``(iii) except as provided in subparagraph (B), provide for
a public comment period with respect to such proposed order
of not less than 45 calendar days; and
``(iv) if, after completion of the proceedings specified in
clauses (i) through (iii), the Secretary determines that it
is appropriate to issue a final administrative order--
``(I) issue the final administrative order, together with a
detailed statement of reasons, which order shall not take
effect until the time for requesting judicial review under
paragraph (3)(D)(ii) has expired;
``(II) publish a notice of such final administrative order
in the Federal Register;
``(III) afford requestors of drugs that will be subject to
such order the opportunity for formal dispute resolution up
to the level of the Director of the Center for Drug
Evaluation and Research, which initially must be requested
within 45 calendar days of the issuance of the order, and,
for subsequent levels of appeal, within 30 calendar days of
the prior decision; and
``(IV) except with respect to drugs described in paragraph
(3)(B), upon completion of the formal dispute resolution
procedure, inform the persons which sought such dispute
resolution of their right to request a hearing.
``(B) Exceptions.--When issuing an administrative order
under paragraph (1) on the Secretary's initiative proposing
to determine that a drug described in subsection (a)(3) is
not generally recognized as safe and effective under section
201(p)(1), the Secretary shall follow the procedures in
subparagraph (A), except that--
``(i) the proposed order shall include notice of--
``(I) the general categories of data the Secretary has
determined necessary to establish that the drug is generally
recognized as safe and effective under section 201(p)(1); and
``(II) the format for submissions by interested persons;
``(ii) the Secretary shall provide for a public comment
period of no less than 180 calendar days with respect to such
proposed order, except when the Secretary determines, for
good cause, that a shorter period is in the interest of
public health; and
[[Page H1773]]
``(iii) any person who submits data in such comment period
shall include a certification that the person has submitted
all evidence created, obtained, or received by that person
that is both within the categories of data identified in the
proposed order and relevant to a determination as to whether
the drug is generally recognized as safe and effective under
section 201(p)(1).
``(3) Hearings; judicial review.--
``(A) In general.--Only a person who participated in each
stage of formal dispute resolution under subclause (III) of
paragraph (2)(A)(iv) of an administrative order with respect
to a drug may request a hearing concerning a final
administrative order issued under such paragraph with respect
to such drug. If a hearing is sought, such person must submit
a request for a hearing, which shall be based solely on
information in the administrative record, to the Secretary
not later than 30 calendar days after receiving notice of the
final decision of the formal dispute resolution procedure.
``(B) No hearing required with respect to orders relating
to certain drugs.--
``(i) In general.--The Secretary shall not be required to
provide notice and an opportunity for a hearing pursuant to
paragraph (2)(A)(iv) if the final administrative order
involved relates to a drug--
``(I) that is described in subsection (a)(3)(A); and
``(II) with respect to which no human or non-human data
studies relevant to the safety or effectiveness of such drug
have been submitted to the administrative record since the
issuance of the most recent tentative final monograph
relating to such drug.
``(ii) Human data studies and non-human data defined.--In
this subparagraph:
``(I) The term `human data studies' means clinical trials
of safety or effectiveness (including actual use studies),
pharmacokinetics studies, or bioavailability studies.
``(II) The term `non-human data' means data from testing
other than with human subjects which provides information
concerning safety or effectiveness.
``(C) Hearing procedures.--
``(i) Denial of request for hearing.--If the Secretary
determines that information submitted in a request for a
hearing under subparagraph (A) with respect to a final
administrative order issued under paragraph (2)(A)(iv) does
not identify the existence of a genuine and substantial
question of material fact, the Secretary may deny such
request. In making such a determination, the Secretary may
consider only information and data that are based on relevant
and reliable scientific principles and methodologies.
``(ii) Single hearing for multiple related requests.--If
more than one request for a hearing is submitted with respect
to the same administrative order under subparagraph (A), the
Secretary may direct that a single hearing be conducted in
which all persons whose hearing requests were granted may
participate.
``(iii) Presiding officer.--The presiding officer of a
hearing requested under subparagraph (A) shall--
``(I) be designated by the Secretary;
``(II) not be an employee of the Center for Drug Evaluation
and Research; and
``(III) not have been previously involved in the
development of the administrative order involved or
proceedings relating to that administrative order.
``(iv) Rights of parties to hearing.--The parties to a
hearing requested under subparagraph (A) shall have the right
to present testimony, including testimony of expert
witnesses, and to cross-examine witnesses presented by other
parties. Where appropriate, the presiding officer may require
that cross-examination by parties representing substantially
the same interests be consolidated to promote efficiency and
avoid duplication.
``(v) Final decision.--
``(I) At the conclusion of a hearing requested under
subparagraph (A), the presiding officer of the hearing shall
issue a decision containing findings of fact and conclusions
of law. The decision of the presiding officer shall be final.
``(II) The final decision may not take effect until the
period under subparagraph (D)(ii) for submitting a request
for judicial review of such decision expires.
``(D) Judicial review of final administrative order.--
``(i) In general.--The procedures described in section
505(h) shall apply with respect to judicial review of final
administrative orders issued under this subsection in the
same manner and to the same extent as such section applies to
an order described in such section except that the judicial
review shall be taken by filing in an appropriate district
court of the United States in lieu of the appellate courts
specified in such section.
``(ii) Period to submit a request for judicial review.--A
person eligible to request a hearing under this paragraph and
seeking judicial review of a final administrative order
issued under this subsection shall file such request for
judicial review not later than 60 calendar days after the
latest of--
``(I) the date on which notice of such order is published;
``(II) the date on which a hearing with respect to such
order is denied under subparagraph (B) or (C)(i);
``(III) the date on which a final decision is made
following a hearing under subparagraph (C)(v); or
``(IV) if no hearing is requested, the date on which the
time for requesting a hearing expires.
``(4) Expedited procedure with respect to administrative
orders initiated by the secretary.--
``(A) Imminent hazard to the public health.--
``(i) In general.--In the case of a determination by the
Secretary that a drug, class of drugs, or combination of
drugs subject to this section poses an imminent hazard to the
public health, the Secretary, after first making reasonable
efforts to notify, not later than 48 hours before issuance of
such order under this subparagraph, sponsors who have a
listing in effect under section 510(j) for such drug or
combination of drugs--
``(I) may issue an interim final administrative order for
such drug, class of drugs, or combination of drugs under
paragraph (1), together with a detailed statement of the
reasons for such order;
``(II) shall publish in the Federal Register a notice of
availability of any such order; and
``(III) shall provide for a public comment period of at
least 45 calendar days with respect to such interim final
order.
``(ii) Nondelegation.--The Secretary may not delegate the
authority to issue an interim final administrative order
under this subparagraph.
``(B) Safety labeling changes.--
``(i) In general.--In the case of a determination by the
Secretary that a change in the labeling of a drug, class of
drugs, or combination of drugs subject to this section is
reasonably expected to mitigate a significant or unreasonable
risk of a serious adverse event associated with use of the
drug, the Secretary may--
``(I) make reasonable efforts to notify informally, not
later than 48 hours before the issuance of the interim final
order, the sponsors of drugs who have a listing in effect
under section 510(j) for such drug or combination of drugs;
``(II) after reasonable efforts of notification, issue an
interim final administrative order in accordance with
paragraph (1) to require such change, together with a
detailed statement of the reasons for such order;
``(III) publish in the Federal Register a notice of
availability of such order; and
``(IV) provide for a public comment period of at least 45
calendar days with respect to such interim final order.
``(ii) Content of order.--An interim final order issued
under this subparagraph with respect to the labeling of a
drug may provide for new warnings and other information
required for safe use of the drug.
``(C) Effective date.--An order under subparagraph (A) or
(B) shall take effect on a date specified by the Secretary.
``(D) Final order.--After the completion of the proceedings
in subparagraph (A) or (B), the Secretary shall--
``(i) issue a final order in accordance with paragraph (1);
``(ii) publish a notice of availability of such final
administrative order in the Federal Register; and
``(iii) afford sponsors of such drugs that will be subject
to such an order the opportunity for formal dispute
resolution up to the level of the Director of the Center for
Drug Evaluation and Research, which must initially be within
45 calendar days of the issuance of the order, and for
subsequent levels of appeal, within 30 calendar days of the
prior decision.
``(E) Hearings.--A sponsor of a drug subject to a final
order issued under subparagraph (D) and that participated in
each stage of formal dispute resolution under clause (iii) of
such subparagraph may request a hearing on such order. The
provisions of subparagraphs (A), (B), and (C) of paragraph
(3), other than paragraph (3)(C)(v)(II), shall apply with
respect to a hearing on such order in the same manner and to
the same extent as such provisions apply with respect to a
hearing on an administrative order issued under paragraph
(2)(A)(iv).
``(F) Timing.--
``(i) Final order and hearing.--The Secretary shall--
``(I) not later than 6 months after the date on which the
comment period closes under subparagraph (A) or (B), issue a
final order in accordance with paragraph (1); and
``(II) not later than 12 months after the date on which
such final order is issued, complete any hearing under
subparagraph (E).
``(ii) Dispute resolution request.--The Secretary shall
specify in an interim final order issued under subparagraph
(A) or (B) such shorter periods for requesting dispute
resolution under subparagraph (D)(iii) as are necessary to
meet the requirements of this subparagraph.
``(G) Judicial review.--A final order issued pursuant to
subparagraph (F) shall be subject to judicial review in
accordance with paragraph (3)(D).
``(5) Administrative order initiated at the request of a
requestor.--
``(A) In general.--In issuing an administrative order under
paragraph (1) at the request of a requestor with respect to
certain drugs, classes of drugs, or combinations of drugs--
``(i) the Secretary shall, after receiving a request under
this subparagraph, determine whether the request is
sufficiently complete and formatted to permit a substantive
review;
``(ii) if the Secretary determines that the request is
sufficiently complete and formatted to permit a substantive
review, the Secretary shall--
``(I) file the request; and
``(II) initiate proceedings with respect to issuing an
administrative order in accordance with paragraphs (2) and
(3); and
``(iii) except as provided in paragraph (6), if the
Secretary determines that a request does not meet the
requirements for filing or is not sufficiently complete and
formatted to permit a substantive review, the requestor may
demand that the request be filed over protest, and the
Secretary shall initiate proceedings to review the request in
accordance with paragraph (2)(A).
``(B) Request to initiate proceedings.--
``(i) In general.--A requestor seeking an administrative
order under paragraph (1) with respect to certain drugs,
classes of drugs, or combinations of drugs, shall submit to
the Secretary a request to initiate proceedings for such
order
[[Page H1774]]
in the form and manner as specified by the Secretary. Such
requestor may submit a request under this subparagraph for
the issuance of an administrative order--
``(I) determining whether a drug is generally recognized as
safe and effective under section 201(p)(1), exempt from
section 503(b)(1), and not required to be the subject of an
approved application under section 505; or
``(II) determining whether a change to a condition of use
of a drug is generally recognized as safe and effective under
section 201(p)(1), exempt from section 503(b)(1), and not
required to be the subject of an approved application under
section 505, if, absent such a changed condition of use, such
drug is--
``(aa) generally recognized as safe and effective under
section 201(p)(1) in accordance with subsection (a)(1),
(a)(2), or an order under this subsection; or
``(bb) subject to subsection (a)(3), but only if such
requestor initiates such request in conjunction with a
request for the Secretary to determine whether such drug is
generally recognized as safe and effective under section
201(p)(1), which is filed by the Secretary under subparagraph
(A)(ii).
``(ii) Exception.--The Secretary is not required to
complete review of a request for a change described in clause
(i)(II) if the Secretary determines that there is an
inadequate basis to find the drug is generally recognized as
safe and effective under section 201(p)(1) under paragraph
(1) and issues a final order announcing that determination.
``(iii) Withdrawal.--The requestor may withdraw a request
under this paragraph, according to the procedures set forth
pursuant to subsection (d)(2)(B). Notwithstanding any other
provision of this section, if such request is withdrawn, the
Secretary may cease proceedings under this subparagraph.
``(C) Exclusivity.--
``(i) In general.--A final administrative order issued in
response to a request under this section shall have the
effect of authorizing solely the order requestor (or the
licensees, assignees, or successors in interest of such
requestor with respect to the subject of such order), for a
period of 18 months following the effective date of such
final order and beginning on the date the requestor may
lawfully market such drugs pursuant to the order, to market
drugs--
``(I) incorporating changes described in clause (ii); and
``(II) subject to the limitations under clause (iv).
``(ii) Changes described.--A change described in this
clause is a change subject to an order specified in clause
(i), which--
``(I) provides for a drug to contain an active ingredient
(including any ester or salt of the active ingredient) not
previously incorporated in a drug described in clause (iii);
or
``(II) provides for a change in the conditions of use of a
drug, for which new human data studies conducted or sponsored
by the requestor (or for which the requestor has an exclusive
right of reference) were essential to the issuance of such
order.
``(iii) Drugs described.--The drugs described in this
clause are drugs--
``(I) specified in subsection (a)(1), (a)(2), or (a)(3);
``(II) subject to a final order issued under this section;
``(III) subject to a final sunscreen order (as defined in
section 586(2)(A)); or
``(IV) described in subsection (m)(1), other than drugs
subject to an active enforcement action under chapter III of
this Act.
``(iv) Limitations on exclusivity.--
``(I) In general.--Only one 18-month period under this
subparagraph shall be granted, under each order described in
clause (i), with respect to changes (to the drug subject to
such order) which are either--
``(aa) changes described in clause (ii)(I), relating to
active ingredients; or
``(bb) changes described in clause (ii)(II), relating to
conditions of use.
``(II) No exclusivity allowed.--No exclusivity shall apply
to changes to a drug which are--
``(aa) the subject of a Tier 2 OTC monograph order request
(as defined in section 744L);
``(bb) safety-related changes, as defined by the Secretary,
or any other changes the Secretary considers necessary to
assure safe use; or
``(cc) changes related to methods of testing safety or
efficacy.
``(v) New human data studies defined.--In this
subparagraph, the term `new human data studies' means
clinical trials of safety or effectiveness (including actual
use studies), pharmacokinetics studies, or bioavailability
studies, the results of which--
``(I) have not been relied on by the Secretary to support--
``(aa) a proposed or final determination that a drug
described in subclause (I), (II), or (III) of clause (iii) is
generally recognized as safe and effective under section
201(p)(1); or
``(bb) approval of a drug that was approved under section
505; and
``(II) do not duplicate the results of another study that
was relied on by the Secretary to support--
``(aa) a proposed or final determination that a drug
described in subclause (I), (II), or (III) of clause (iii) is
generally recognized as safe and effective under section
201(p)(1); or
``(bb) approval of a drug that was approved under section
505.
``(vi) Notification of drug not available for sale.--A
requestor that is granted exclusivity with respect to a drug
under this subparagraph shall notify the Secretary in writing
within 1 year of the issuance of the final administrative
order if the drug that is the subject of such order will not
be available for sale within 1 year of the date of issuance
of such order. The requestor shall include with such notice
the--
``(I) identity of the drug by established name and by
proprietary name, if any;
``(II) strength of the drug;
``(III) date on which the drug will be available for sale,
if known; and
``(IV) reason for not marketing the drug after issuance of
the order.
``(6) Information regarding safe nonprescription marketing
and use as condition for filing a generally recognized as
safe and effective request.--
``(A) In general.--In response to a request under this
section that a drug described in subparagraph (B) be
generally recognized as safe and effective, the Secretary--
``(i) may file such request, if the request includes
information specified under subparagraph (C) with respect to
safe nonprescription marketing and use of such drug; or
``(ii) if the request fails to include information
specified under subparagraph (C), shall refuse to file such
request and require that nonprescription marketing of the
drug be pursuant to a new drug application as described in
subparagraph (D).
``(B) Drug described.--A drug described in this
subparagraph is a nonprescription drug which contains an
active ingredient not previously incorporated in a drug--
``(i) specified in subsection (a)(1), (a)(2), or (a)(3);
``(ii) subject to a final order under this section; or
``(iii) subject to a final sunscreen order (as defined in
section 586(2)(A)).
``(C) Information demonstrating prima facie safe
nonprescription marketing and use.--Information specified in
this subparagraph, with respect to a request described in
subparagraph (A)(i), is--
``(i) information sufficient for a prima facie
demonstration that the drug subject to such request has a
verifiable history of being marketed and safely used by
consumers in the United States as a nonprescription drug
under comparable conditions of use;
``(ii) if the drug has not been previously marketed in the
United States as a nonprescription drug, information
sufficient for a prima facie demonstration that the drug was
marketed and safely used under comparable conditions of
marketing and use in a country listed in section 802(b)(1)(A)
or designated by the Secretary in accordance with section
802(b)(1)(B)--
``(I) for such period as needed to provide reasonable
assurances concerning the safe nonprescription use of the
drug; and
``(II) during such time was subject to sufficient
monitoring by a regulatory body considered acceptable by the
Secretary for such monitoring purposes, including for adverse
events associated with nonprescription use of the drug; or
``(iii) if the Secretary determines that information
described in clause (i) or (ii) is not needed to provide a
prima facie demonstration that the drug can be safely
marketed and used as a nonprescription drug, such other
information the Secretary determines is sufficient for such
purposes.
``(D) Marketing pursuant to new drug application.--In the
case of a request described in subparagraph (A)(ii), the drug
subject to such request may be resubmitted for filing only
if--
``(i) the drug is marketed as a nonprescription drug, under
conditions of use comparable to the conditions specified in
the request, for such period as the Secretary determines
appropriate (not to exceed 5 consecutive years) pursuant to
an application approved under section 505; and
``(ii) during such period, 1,000,000 retail packages of the
drug, or an equivalent quantity as determined by the
Secretary, were distributed for retail sale, as determined in
such manner as the Secretary finds appropriate.
``(E) Rule of application.--Except in the case of a request
involving a drug described in section 586(9), as in effect on
January 1, 2017, if the Secretary refuses to file a request
under this paragraph, the requestor may not file such request
over protest under paragraph (5)(A)(iii).
``(7) Packaging.--An administrative order issued under
paragraph (2), (4)(A), or (5) may include requirements for
the packaging of a drug to encourage use in accordance with
labeling. Such requirements may include unit dose packaging,
requirements for products intended for use by pediatric
populations, requirements to reduce risk of harm from
unsupervised ingestion, and other appropriate requirements.
This paragraph does not authorize the Food and Drug
Administration to require standards or testing procedures as
described in part 1700 of title 16, Code of Federal
Regulations.
``(8) Final and tentative final monographs for category i
drugs deemed final administrative orders.--
``(A) In general.--A final monograph or tentative final
monograph described in subparagraph (B) shall be deemed to be
a final administrative order under this subsection and may be
amended, revoked, or otherwise modified in accordance with
the procedures of this subsection.
``(B) Monographs described.--For purposes of subparagraph
(A), a final monograph or tentative final monograph is
described in this subparagraph if it--
``(i) establishes conditions of use for a drug described in
paragraph (1) or (2) of subsection (a); and
``(ii) represents the most recently promulgated version of
such conditions, including as modified, in whole or in part,
by any proposed or final rule.
``(C) Deemed orders include harmonizing technical
amendments.--The deemed establishment of a final
administrative order under subparagraph (A) shall be
construed to include any technical amendments to such order
as the Secretary determines necessary to ensure that such
order is appropriately harmonized, in terms of terminology or
cross-references, with
[[Page H1775]]
the applicable provisions of this Act (and regulations
thereunder) and any other orders issued under this section.
``(c) Procedure for Minor Changes.--
``(1) In general.--Minor changes in the dosage form of a
drug that is described in paragraph (1) or (2) of subsection
(a) or the subject of an order issued under subsection (b)
may be made by a requestor without the issuance of an order
under subsection (b) if--
``(A) the requestor maintains such information as is
necessary to demonstrate that the change--
``(i) will not affect the safety or effectiveness of the
drug; and
``(ii) will not materially affect the extent of absorption
or other exposure to the active ingredient in comparison to a
suitable reference product; and
``(B) the change is in conformity with the requirements of
an applicable administrative order issued by the Secretary
under paragraph (3).
``(2) Additional information.--
``(A) Access to records.--A sponsor shall submit records
requested by the Secretary relating to such a minor change
under section 704(a)(4), within 15 business days of receiving
such a request, or such longer period as the Secretary may
provide.
``(B) Insufficient information.--If the Secretary
determines that the information contained in such records is
not sufficient to demonstrate that the change does not affect
the safety or effectiveness of the drug or materially affect
the extent of absorption or other exposure to the active
ingredient, the Secretary--
``(i) may so inform the sponsor of the drug in writing; and
``(ii) if the Secretary so informs the sponsor, shall
provide the sponsor of the drug with a reasonable opportunity
to provide additional information.
``(C) Failure to submit sufficient information.--If the
sponsor fails to provide such additional information within a
time prescribed by the Secretary, or if the Secretary
determines that such additional information does not
demonstrate that the change does not--
``(i) affect the safety or effectiveness of the drug; or
``(ii) materially affect the extent of absorption or other
exposure to the active ingredient in comparison to a suitable
reference product,
the drug as modified is a new drug under section 201(p) and
shall be deemed to be misbranded under section 502(ee).
``(3) Determining whether a change will affect safety or
effectiveness.--
``(A) In general.--The Secretary shall issue one or more
administrative orders specifying requirements for determining
whether a minor change made by a sponsor pursuant to this
subsection will affect the safety or effectiveness of a drug
or materially affect the extent of absorption or other
exposure to an active ingredient in the drug in comparison to
a suitable reference product, together with guidance for
applying those orders to specific dosage forms.
``(B) Standard practices.--The orders and guidance issued
by the Secretary under subparagraph (A) shall take into
account relevant public standards and standard practices for
evaluating the quality of drugs, and may take into account
the special needs of populations, including children.
``(d) Confidentiality of Information Submitted to the
Secretary.--
``(1) In general.--Subject to paragraph (2), any
information, including reports of testing conducted on the
drug or drugs involved, that is submitted by a requestor in
connection with proceedings on an order under this section
(including any minor change under subsection (c)) and is a
trade secret or confidential information subject to section
552(b)(4) of title 5, United States Code, or section 1905 of
title 18, United States Code, shall not be disclosed to the
public unless the requestor consents to that disclosure.
``(2) Public availability.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall--
``(i) make any information submitted by a requestor in
support of a request under subsection (b)(5)(A) available to
the public not later than the date on which the proposed
order is issued; and
``(ii) make any information submitted by any other person
with respect to an order requested (or initiated by the
Secretary) under subsection (b), available to the public upon
such submission.
``(B) Limitations on public availability.--Information
described in subparagraph (A) shall not be made public if--
``(i) the information pertains to pharmaceutical quality
information, unless such information is necessary to
establish standards under which a drug is generally
recognized as safe and effective under section 201(p)(1);
``(ii) the information is submitted in a requestor-
initiated request, but the requestor withdraws such request,
in accordance with withdrawal procedures established by the
Secretary, before the Secretary issues the proposed order;
``(iii) the Secretary requests and obtains the information
under subsection (c) and such information is not submitted in
relation to an order under subsection (b); or
``(iv) the information is of the type contained in raw
datasets.
``(e) Updates to Drug Listing Information.--A sponsor who
makes a change to a drug subject to this section shall submit
updated drug listing information for the drug in accordance
with section 510(j) within 30 calendar days of the date when
the drug is first commercially marketed, except that a
sponsor who was the order requestor with respect to an order
subject to subsection (b)(5)(C) (or a licensee, assignee, or
successor in interest of such requestor) shall submit updated
drug listing information on or before the date when the drug
is first commercially marketed.
``(f) Approvals Under Section 505.--The provisions of this
section shall not be construed to preclude a person from
seeking or maintaining the approval of an application for a
drug under sections 505(b)(1), 505(b)(2), and 505(j). A
determination under this section that a drug is not subject
to section 503(b)(1), is generally recognized as safe and
effective under section 201(p)(1), and is not a new drug
under section 201(p) shall constitute a finding that the drug
is safe and effective that may be relied upon for purposes of
an application under section 505(b)(2), so that the applicant
shall be required to submit for purposes of such application
only information needed to support any modification of the
drug that is not covered by such determination under this
section.
``(g) Public Availability of Administrative Orders.--The
Secretary shall establish, maintain, update (as determined
necessary by the Secretary but no less frequently than
annually), and make publicly available, with respect to
orders issued under this section--
``(1) a repository of each final order and interim final
order in effect, including the complete text of the order;
and
``(2) a listing of all orders proposed and under
development under subsection (b)(2), including--
``(A) a brief description of each such order; and
``(B) the Secretary's expectations, if resources permit,
for issuance of proposed orders over a 3-year period.
``(h) Development Advice to Sponsors or Requestors.--The
Secretary shall establish procedures under which sponsors or
requestors may meet with appropriate officials of the Food
and Drug Administration to obtain advice on the studies and
other information necessary to support submissions under this
section and other matters relevant to the regulation of
nonprescription drugs and the development of new
nonprescription drugs under this section.
``(i) Participation of Multiple Sponsors or Requestors.--
The Secretary shall establish procedures to facilitate
efficient participation by multiple sponsors or requestors in
proceedings under this section, including provision for joint
meetings with multiple sponsors or requestors or with
organizations nominated by sponsors or requestors to
represent their interests in a proceeding.
``(j) Electronic Format.--All submissions under this
section shall be in electronic format.
``(k) Effect on Existing Regulations Governing
Nonprescription Drugs.--
``(1) Regulations of general applicability to
nonprescription drugs.--Except as provided in this
subsection, nothing in this section supersedes regulations
establishing general requirements for nonprescription drugs,
including regulations of general applicability contained in
parts 201, 250, and 330 of title 21, Code of Federal
Regulations, or any successor regulations. The Secretary
shall establish or modify such regulations by means of
rulemaking in accordance with section 553 of title 5, United
States Code.
``(2) Regulations establishing requirements for specific
nonprescription drugs.--
``(A) The provisions of section 310.545 of title 21, Code
of Federal Regulations, as in effect on the day before the
date of the enactment of this section, shall be deemed to be
a final order under subsection (b).
``(B) Regulations in effect on the day before the date of
the enactment of this section, establishing requirements for
specific nonprescription drugs marketed pursuant to this
section (including such requirements in parts 201 and 250 of
title 21, Code of Federal Regulations), shall be deemed to be
final orders under subsection (b), only as they apply to
drugs--
``(i) subject to paragraph (1), (2), (3), or (4) of
subsection (a); or
``(ii) otherwise subject to an order under this section.
``(3) Withdrawal of regulations.--The Secretary shall
withdraw regulations establishing final monographs and the
procedures governing the over-the-counter drug review under
part 330 and other relevant parts of title 21, Code of
Federal Regulations (as in effect on the day before the date
of the enactment of this section), or make technical changes
to such regulations to ensure conformity with appropriate
terminology and cross references. Notwithstanding subchapter
II of chapter 5 of title 5, United States Code, any such
withdrawal or technical changes shall be made without public
notice and comment and shall be effective upon publication
through notice in the Federal Register (or upon such date as
specified in such notice).
``(l) Guidance.--The Secretary shall issue guidance that
specifies--
``(1) the procedures and principles for formal meetings
between the Secretary and sponsors or requestors for drugs
subject to this section;
``(2) the format and content of data submissions to the
Secretary under this section;
``(3) the format of electronic submissions to the Secretary
under this section;
``(4) consolidated proceedings for appeal and the
procedures for such proceedings where appropriate; and
``(5) for minor changes in drugs, recommendations on how to
comply with the requirements in orders issued under
subsection (c)(3).
``(m) Rule of Construction.--
``(1) In general.--This section shall not affect the
treatment or status of a nonprescription drug--
``(A) that is marketed without an application approved
under section 505 as of the date of the enactment of this
section;
``(B) that is not subject to an order issued under this
section; and
``(C) to which paragraph (1), (2), (3), (4), or (5) of
subsection (a) do not apply.
``(2) Treatment of products previously found to be subject
to time and extent requirements.--
[[Page H1776]]
``(A) Notwithstanding subsection (a), a drug described in
subparagraph (B) may only be lawfully marketed, without an
application approved under section 505, pursuant to an order
issued under this section.
``(B) A drug described in this subparagraph is a drug
which, prior to the date of the enactment of this section,
the Secretary determined in a proposed or final rule to be
ineligible for review under the OTC drug review (as such
phrase `OTC drug review' was used in section 330.14 of title
21, Code of Federal Regulations, as in effect on the day
before the date of the enactment of this section).
``(3) Preservation of authority.--
``(A) Nothing in paragraph (1) shall be construed to
preclude or limit the applicability of any provision of this
Act other than this section.
``(B) Nothing in subsection (a) shall be construed to
prohibit the Secretary from issuing an order under this
section finding a drug to be not generally recognized as safe
and effective under section 201(p)(1), as the Secretary
determines appropriate.
``(n) Investigational New Drugs.--A drug is not subject to
this section if an exemption for investigational use under
section 505(i) is in effect for such drug.
``(o) Inapplicability of Paperwork Reduction Act.--Chapter
35 of title 44, United States Code, shall not apply to
collections of information made under this section.
``(p) Inapplicability of Notice and Comment Rulemaking and
Other Requirements.--The requirements of subsection (b) shall
apply with respect to orders issued under this section
instead of the requirements of subchapter II of chapter 5 of
title 5, United States Code.
``(q) Definitions.--In this section:
``(1) The term `nonprescription drug' refers to a drug not
subject to the requirements of section 503(b)(1).
``(2) The term `sponsor' refers to any person marketing,
manufacturing, or processing a drug that--
``(A) is listed pursuant to section 510(j); and
``(B) is or will be subject to an administrative order
under this section of the Food and Drug Administration.
``(3) The term `requestor' refers to any person or group of
persons marketing, manufacturing, processing, or developing a
drug.''.
(b) GAO Study.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a study to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate
addressing the effectiveness and overall impact of
exclusivity under section 505G of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), and section 586C of
such Act (21 U.S.C. 360fff-3), including the impact of such
exclusivity on consumer access. Such study shall include--
(1) an analysis of the impact of exclusivity under such
section 505G for nonprescription drug products, including--
(A) the number of nonprescription drug products that were
granted exclusivity and the indication for which the
nonprescription drug products were determined to be generally
recognized as safe and effective;
(B) whether the exclusivity for such drug products was
granted for--
(i) a new active ingredient (including any ester or salt of
the active ingredient); or
(ii) changes in the conditions of use of a drug, for which
new human data studies conducted or sponsored by the
requestor were essential;
(C) whether, and to what extent, the exclusivity impacted
the requestor's or sponsor's decision to develop the drug
product;
(D) an analysis of the implementation of the exclusivity
provision in such section 505G, including--
(i) the resources used by the Food and Drug Administration;
(ii) the impact of such provision on innovation, as well as
research and development in the nonprescription drug market;
(iii) the impact of such provision on competition in the
nonprescription drug market;
(iv) the impact of such provision on consumer access to
nonprescription drug products;
(v) the impact of such provision on the prices of
nonprescription drug products; and
(vi) whether the administrative orders initiated by
requestors under such section 505G have been sufficient to
encourage the development of nonprescription drug products
that would likely not be otherwise developed, or developed in
as timely a manner; and
(E) whether the administrative orders initiated by
requestors under such section 505G have been sufficient
incentive to encourage innovation in the nonprescription drug
market; and
(2) an analysis of the impact of exclusivity under such
section 586C for sunscreen ingredients, including--
(A) the number of sunscreen ingredients that were granted
exclusivity and the specific ingredient that was determined
to be generally recognized as safe and effective;
(B) whether, and to what extent, the exclusivity impacted
the requestor's or sponsor's decision to develop the
sunscreen ingredient;
(C) whether, and to what extent, the sunscreen ingredient
granted exclusivity had previously been available outside of
the United States;
(D) an analysis of the implementation of the exclusivity
provision in such section 586C, including--
(i) the resources used by the Food and Drug Administration;
(ii) the impact of such provision on innovation, as well as
research and development in the sunscreen market;
(iii) the impact of such provision on competition in the
sunscreen market;
(iv) the impact of such provision on consumer access to
sunscreen products;
(v) the impact of such provision on the prices of sunscreen
products; and
(vi) whether the administrative orders initiated by
requestors under such section 505G have been utilized by
sunscreen ingredient sponsors and whether such process has
been sufficient to encourage the development of sunscreen
ingredients that would likely not be otherwise developed, or
developed in as timely a manner; and
(E) whether the administrative orders initiated by
requestors under such section 586C have been sufficient
incentive to encourage innovation in the sunscreen market.
(c) Conforming Amendment.--Section 751(d)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379r(d)(1)) is
amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``final regulation promulgated'' and
inserting ``final order under section 505G''; and
(B) by striking ``and not misbranded''; and
(2) in subparagraph (A), by striking ``regulation in
effect'' and inserting ``regulation or order in effect''.
SEC. 3852. MISBRANDING.
Section 502 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352) is amended by adding at the end the following:
``(ee) If it is a nonprescription drug that is subject to
section 505G, is not the subject of an application approved
under section 505, and does not comply with the requirements
under section 505G.
``(ff) If it is a drug and it was manufactured, prepared,
propagated, compounded, or processed in a facility for which
fees have not been paid as required by section 744M.''.
SEC. 3853. DRUGS EXCLUDED FROM THE OVER-THE-COUNTER DRUG
REVIEW.
(a) In General.--Nothing in this Act (or the amendments
made by this Act) shall apply to any nonprescription drug (as
defined in section 505G(q) of the Federal Food, Drug, and
Cosmetic Act, as added by section 3851 of this subtitle)
which was excluded by the Food and Drug Administration from
the Over-the-Counter Drug Review in accordance with the
paragraph numbered 25 on page 9466 of volume 37 of the
Federal Register, published on May 11, 1972.
(b) Rule of Construction.--Nothing in this section shall be
construed to preclude or limit the applicability of any other
provision of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.).
SEC. 3854. TREATMENT OF SUNSCREEN INNOVATION ACT.
(a) Review of Nonprescription Sunscreen Active
Ingredients.--
(1) Applicability of section 505g for pending
submissions.--
(A) In general.--A sponsor of a nonprescription sunscreen
active ingredient or combination of nonprescription sunscreen
active ingredients that, as of the date of enactment of this
Act, is subject to a proposed sunscreen order under section
586C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360fff-3) may elect, by means of giving written notification
to the Secretary of Health and Human Services within 180
calendar days of the enactment of this Act, to transition
into the review of such ingredient or combination of
ingredients pursuant to the process set out in section 505G
of the Federal Food, Drug, and Cosmetic Act, as added by
section 3851 of this subtitle.
(B) Election exercised.--Upon receipt by the Secretary of
Health and Human Services of a timely notification under
subparagraph (A)--
(i) the proposed sunscreen order involved is deemed to be a
request for an order under subsection (b) of section 505G of
the Federal Food, Drug, and Cosmetic Act, as added by section
3851 of this subtitle; and
(ii) such order is deemed to have been accepted for filing
under subsection (b)(6)(A)(i) of such section 505G.
(C) Election not exercised.--If a notification under
subparagraph (A) is not received by the Secretary of Health
and Human Services within 180 calendar days of the date of
enactment of this Act, the review of the proposed sunscreen
order described in subparagraph (A)--
(i) shall continue under section 586C of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360fff-3); and
(ii) shall not be eligible for review under section 505G,
added by section 3851 of this subtitle.
(2) Definitions.--In this subsection, the terms
``sponsor'', ``nonprescription'', ``sunscreen active
ingredient'', and ``proposed sunscreen order'' have the
meanings given to those terms in section 586 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360fff).
(b) Amendments to Sunscreen Provisions.--
(1) Final sunscreen orders.--Paragraph (3) of section
586C(e) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360fff-3(e)) is amended to read as follows:
``(3) Relationship to orders under section 505g.--A final
sunscreen order shall be deemed to be a final order under
section 505G.''.
(2) Meetings.--Paragraph (7) of section 586C(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3(b))
is amended--
(A) by striking ``A sponsor may request'' and inserting the
following:
``(A) In general.--A sponsor may request''; and
(B) by adding at the end the following:
``(B) Confidential meetings.--A sponsor may request one or
more confidential meetings with respect to a proposed
sunscreen order, including a letter deemed to be a proposed
sunscreen order under paragraph (3), to discuss matters
relating to data requirements to support a general
recognition of safety and effectiveness involving
confidential information and public information related to
such proposed sunscreen order, as appropriate. The Secretary
shall convene a confidential meeting with such sponsor
[[Page H1777]]
in a reasonable time period. If a sponsor requests more than
one confidential meeting for the same proposed sunscreen
order, the Secretary may refuse to grant an additional
confidential meeting request if the Secretary determines that
such additional confidential meeting is not reasonably
necessary for the sponsor to advance its proposed sunscreen
order, or if the request for a confidential meeting fails to
include sufficient information upon which to base a
substantive discussion. The Secretary shall publish a post-
meeting summary of each confidential meeting under this
subparagraph that does not disclose confidential commercial
information or trade secrets. This subparagraph does not
authorize the disclosure of confidential commercial
information or trade secrets subject to 552(b)(4) of title 5,
United States Code, or section 1905 of title 18, United
States Code.''.
(3) Exclusivity.--Section 586C of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360fff-3) is amended by adding at
the end the following:
``(f) Exclusivity.--
``(1) In general.--A final sunscreen order shall have the
effect of authorizing solely the order requestor (or the
licensees, assignees, or successors in interest of such
requestor with respect to the subject of such request and
listed under paragraph (5)) for a period of 18 months, to
market a sunscreen ingredient under this section
incorporating changes described in paragraph (2) subject to
the limitations under paragraph (4), beginning on the date
the requestor (or any licensees, assignees, or successors in
interest of such requestor with respect to the subject of
such request and listed under paragraph (5)) may lawfully
market such sunscreen ingredient pursuant to the order.
``(2) Changes described.--A change described in this
paragraph is a change subject to an order specified in
paragraph (1) that permits a sunscreen to contain an active
sunscreen ingredient not previously incorporated in a
marketed sunscreen listed in paragraph (3).
``(3) Marketed sunscreen.--The marketed sunscreen
ingredients described in this paragraph are sunscreen
ingredients--
``(A) marketed in accordance with a final monograph for
sunscreen drug products set forth at part 352 of title 21,
Code of Federal Regulations (as published at 64 Fed. Reg.
27687); or
``(B) marketed in accordance with a final order issued
under this section.
``(4) Limitations on exclusivity.--Only one 18-month period
may be granted per ingredient under paragraph (1).
``(5) Listing of licensees, assignees, or successors in
interest.--Requestors shall submit to the Secretary at the
time when a drug subject to such request is introduced or
delivered for introduction into interstate commerce, a list
of licensees, assignees, or successors in interest under
paragraph (1).''.
(4) Sunset provision.--Subchapter I of chapter V of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff et
seq.) is amended by adding at the end the following:
``SEC. 586H. SUNSET.
``This subchapter shall cease to be effective at the end of
fiscal year 2022.''.
(5) Treatment of final sunscreen order.--The Federal Food,
Drug, and Cosmetic Act is amended by striking section 586E of
such Act (21 U.S.C. 360fff-5).
(c) Treatment of Authority Regarding Finalization of
Sunscreen Monograph.--
(1) In general.--
(A) Revision of final sunscreen order.--The Secretary of
Health and Human Services (referred to in this subsection as
the ``Secretary'') shall amend and revise the final
administrative order concerning nonprescription sunscreen
(referred to in this subsection as the ``sunscreen order'')
for which the content, prior to the date of enactment of this
Act, was represented by the final monograph for sunscreen
drug products set forth in part 352 of title 21, Code of
Federal Regulations (as in effect on May 21, 1999).
(B) Issuance of revised sunscreen order; effective date.--A
revised sunscreen order described in subparagraph (A) shall
be--
(i) issued in accordance with the procedures described in
section 505G(b)(2) of the Federal Food, Drug, and Cosmetic
Act;
(ii) issued in proposed form not later than 18 months after
the date of enactment of this Act; and
(iii) issued by the Secretary at least 1 year prior to the
effective date of the revised order.
(2) Reports.--If a revised sunscreen order issued under
paragraph (1) does not include provisions related to the
effectiveness of various sun protection factor levels, and
does not address all dosage forms known to the Secretary to
be used in sunscreens marketed in the United States without a
new drug application approved under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), the
Secretary shall submit a report to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate on the rationale for omission of such provisions from
such order, and a plan and timeline to compile any
information necessary to address such provisions through such
order.
(d) Treatment of Non-Sunscreen Time and Extent
Applications.--
(1) In general.--Any application described in section 586F
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360fff-6) that was submitted to the Secretary pursuant to
section 330.14 of title 21, Code of Federal Regulations, as
such provisions were in effect immediately prior to the date
of enactment date of this Act, shall be extinguished as of
such date of enactment, subject to paragraph (2).
(2) Order request.--Nothing in paragraph (1) precludes the
submission of an order request under section 505G(b) of the
Federal Food, Drug, and Cosmetic Act, as added by section
3851 of this subtitle, with respect to a drug that was the
subject of an application extinguished under paragraph (1).
SEC. 3855. ANNUAL UPDATE TO CONGRESS ON APPROPRIATE PEDIATRIC
INDICATION FOR CERTAIN OTC COUGH AND COLD
DRUGS.
(a) In General.--Subject to subsection (c), the Secretary
of Health and Human Services shall, beginning not later than
1 year after the date of enactment of this Act, annually
submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a letter describing the
progress of the Food and Drug Administration--
(1) in evaluating the cough and cold monograph described in
subsection (b) with respect to children under age 6; and
(2) as appropriate, revising such cough and cold monograph
to address such children through the order process under
section 505G(b) of the Federal Food, Drug, and Cosmetic Act,
as added by section 3851 of this subtitle.
(b) Cough and Cold Monograph Described.--The cough and cold
monograph described in this subsection consists of the
conditions under which nonprescription drugs containing
antitussive, expectorant, nasal decongestant, or
antihistamine active ingredients (or combinations thereof)
are generally recognized as safe and effective, as specified
in part 341 of title 21, Code of Federal Regulations (as in
effect immediately prior to the date of enactment of this
Act), and included in an order deemed to be established under
section 505G(b) of the Federal Food, Drug, and Cosmetic Act,
as added by section 3851 of this subtitle.
(c) Duration of Authority.--The requirement under
subsection (a) shall terminate as of the date of a letter
submitted by the Secretary of Health and Human Services
pursuant to such subsection in which the Secretary indicates
that the Food and Drug Administration has completed its
evaluation and revised, in a final order, as applicable, the
cough and cold monograph as described in subsection (a)(2).
SEC. 3856. TECHNICAL CORRECTIONS.
(a) Imports and Exports.--Section 801(e)(4)(E)(iii) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381(e)(4)(E)(iii)) is amended by striking ``subparagraph''
each place such term appears and inserting ``paragraph''.
(b) FDA Reauthorization Act of 2017.--
(1) In general.--Section 905(b)(4) of the FDA
Reauthorization Act of 2017 (Public Law 115-52) is amended by
striking ``Section 744H(e)(2)(B)'' and inserting ``Section
744H(f)(2)(B)''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as of the enactment of the FDA
Reauthorization Act of 2017 (Public Law 115-52).
PART II--USER FEES
SEC. 3861. FINDING.
The Congress finds that the fees authorized by the
amendments made in this part will be dedicated to OTC
monograph drug activities, as set forth in the goals
identified for purposes of part 10 of subchapter C of chapter
VII of the Federal Food, Drug, and Cosmetic Act, in the
letters from the Secretary of Health and Human Services to
the Chairman of the Committee on Health, Education, Labor,
and Pensions of the Senate and the Chairman of the Committee
on Energy and Commerce of the House of Representatives, as
set forth in the Congressional Record.
SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS.
Subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379f et seq.) is amended by inserting
after part 9 the following:
``PART 10--FEES RELATING TO OVER-THE-COUNTER DRUGS
``SEC. 744L. DEFINITIONS.
``In this part:
``(1) The term `affiliate' means a business entity that has
a relationship with a second business entity if, directly or
indirectly--
``(A) one business entity controls, or has the power to
control, the other business entity; or
``(B) a third party controls, or has power to control, both
of the business entities.
``(2) The term `contract manufacturing organization
facility' means an OTC monograph drug facility where neither
the owner of such manufacturing facility nor any affiliate of
such owner or facility sells the OTC monograph drug produced
at such facility directly to wholesalers, retailers, or
consumers in the United States.
``(3) The term `costs of resources allocated for OTC
monograph drug activities' means the expenses in connection
with OTC monograph drug activities for--
``(A) officers and employees of the Food and Drug
Administration, contractors of the Food and Drug
Administration, advisory committees, and costs related to
such officers, employees, and committees and costs related to
contracts with such contractors;
``(B) management of information, and the acquisition,
maintenance, and repair of computer resources;
``(C) leasing, maintenance, renovation, and repair of
facilities and acquisition, maintenance, and repair of
fixtures, furniture, scientific equipment, and other
necessary materials and supplies; and
``(D) collecting fees under section 744M and accounting for
resources allocated for OTC monograph drug activities.
``(4) The term `FDA establishment identifier' is the unique
number automatically generated by Food and Drug
Administration's Field Accomplishments and Compliance
Tracking System (FACTS) (or any successor system).
[[Page H1778]]
``(5) The term `OTC monograph drug' means a nonprescription
drug without an approved new drug application which is
governed by the provisions of section 505G.
``(6) The term `OTC monograph drug activities' means
activities of the Secretary associated with OTC monograph
drugs and inspection of facilities associated with such
products, including the following activities:
``(A) The activities necessary for review and evaluation of
OTC monographs and OTC monograph order requests, including--
``(i) orders proposing or finalizing applicable conditions
of use for OTC monograph drugs;
``(ii) orders affecting status regarding general
recognition of safety and effectiveness of an OTC monograph
ingredient or combination of ingredients under specified
conditions of use;
``(iii) all OTC monograph drug development and review
activities, including intra-agency collaboration;
``(iv) regulation and policy development activities related
to OTC monograph drugs;
``(v) development of product standards for products subject
to review and evaluation;
``(vi) meetings referred to in section 505G(i);
``(vii) review of labeling prior to issuance of orders
related to OTC monograph drugs or conditions of use; and
``(viii) regulatory science activities related to OTC
monograph drugs.
``(B) Inspections related to OTC monograph drugs.
``(C) Monitoring of clinical and other research conducted
in connection with OTC monograph drugs.
``(D) Safety activities with respect to OTC monograph
drugs, including--
``(i) collecting, developing, and reviewing safety
information on OTC monograph drugs, including adverse event
reports;
``(ii) developing and using improved adverse event data-
collection systems, including information technology systems;
and
``(iii) developing and using improved analytical tools to
assess potential safety risks, including access to external
databases.
``(E) Other activities necessary for implementation of
section 505G.
``(7) The term `OTC monograph order request' means a
request for an order submitted under section 505G(b)(5).
``(8) The term `Tier 1 OTC monograph order request' means
any OTC monograph order request not determined to be a Tier 2
OTC monograph order request.
``(9)(A) The term `Tier 2 OTC monograph order request'
means, subject to subparagraph (B), an OTC monograph order
request for--
``(i) the reordering of existing information in the drug
facts label of an OTC monograph drug;
``(ii) the addition of information to the other information
section of the drug facts label of an OTC monograph drug, as
limited by section 201.66(c)(7) of title 21, Code of Federal
Regulations (or any successor regulations);
``(iii) modification to the directions for use section of
the drug facts label of an OTC monograph drug, if such
changes conform to changes made pursuant to section
505G(c)(3)(A);
``(iv) the standardization of the concentration or dose of
a specific finalized ingredient within a particular finalized
monograph;
``(v) a change to ingredient nomenclature to align with
nomenclature of a standards-setting organization; or
``(vi) addition of an interchangeable term in accordance
with section 330.1 of title 21, Code of Federal Regulations
(or any successor regulations).
``(B) The Secretary may, based on program implementation
experience or other factors found appropriate by the
Secretary, characterize any OTC monograph order request as a
Tier 2 OTC monograph order request (including
recharacterizing a request from Tier 1 to Tier 2) and publish
such determination in a proposed order issued pursuant to
section 505G.
``(10)(A) The term `OTC monograph drug facility' means a
foreign or domestic business or other entity that--
``(i) is--
``(I) under one management, either direct or indirect; and
``(II) at one geographic location or address engaged in
manufacturing or processing the finished dosage form of an
OTC monograph drug;
``(ii) includes a finished dosage form manufacturer
facility in a contractual relationship with the sponsor of
one or more OTC monograph drugs to manufacture or process
such drugs; and
``(iii) does not include a business or other entity whose
only manufacturing or processing activities are one or more
of the following: production of clinical research supplies,
testing, or placement of outer packaging on packages
containing multiple products, for such purposes as creating
multipacks, when each monograph drug product contained within
the overpackaging is already in a final packaged form prior
to placement in the outer overpackaging.
``(B) For purposes of subparagraph (A)(i)(II), separate
buildings or locations within close proximity are considered
to be at one geographic location or address if the activities
conducted in such buildings or locations are--
``(i) closely related to the same business enterprise;
``(ii) under the supervision of the same local management;
and
``(iii) under a single FDA establishment identifier and
capable of being inspected by the Food and Drug
Administration during a single inspection.
``(C) If a business or other entity would meet criteria
specified in subparagraph (A), but for being under multiple
management, the business or other entity is deemed to
constitute multiple facilities, one per management entity,
for purposes of this paragraph.
``(11) The term `OTC monograph drug meeting' means any
meeting regarding the content of a proposed OTC monograph
order request.
``(12) The term `person' includes an affiliate of a person.
``(13) The terms `requestor' and `sponsor' have the
meanings given such terms in section 505G.
``SEC. 744M. AUTHORITY TO ASSESS AND USE OTC MONOGRAPH FEES.
``(a) Types of Fees.--Beginning with fiscal year 2021, the
Secretary shall assess and collect fees in accordance with
this section as follows:
``(1) Facility fee.--
``(A) In general.--Each person that owns a facility
identified as an OTC monograph drug facility on December 31
of the fiscal year or at any time during the preceding 12-
month period shall be assessed an annual fee for each such
facility as determined under subsection (c).
``(B) Exceptions.--
``(i) Facilities that cease activities.--A fee shall not be
assessed under subparagraph (A) if the identified OTC
monograph drug facility--
``(I) has ceased all activities related to OTC monograph
drugs prior to December 31 of the year immediately preceding
the applicable fiscal year; and
``(II) has updated its registration to reflect such change
under the requirements for drug establishment registration
set forth in section 510.
``(ii) Contract manufacturing organizations.--The amount of
the fee for a contract manufacturing organization facility
shall be equal to two-thirds of the amount of the fee for an
OTC monograph drug facility that is not a contract
manufacturing organization facility.
``(C) Amount.--The amount of fees established under
subparagraph (A) shall be established under subsection (c).
``(D) Due date.--
``(i) For first program year.--For fiscal year 2021, the
facility fees required under subparagraph (A) shall be due on
the later of--
``(I) the first business day of July of 2020; or
``(II) 45 calendar days after publication of the Federal
Register notice provided for under subsection (c)(4)(A).
``(ii) Subsequent fiscal years.--For each fiscal year after
fiscal year 2021, the facility fees required under
subparagraph (A) shall be due on the later of--
``(I) the first business day of June of such year; or
``(II) the first business day after the enactment of an
appropriations Act providing for the collection and
obligation of fees under this section for such year.
``(2) OTC monograph order request fee.--
``(A) In general.--Each person that submits an OTC
monograph order request shall be subject to a fee for an OTC
monograph order request. The amount of such fee shall be--
``(i) for a Tier 1 OTC monograph order request, $500,000,
adjusted for inflation for the fiscal year (as determined
under subsection (c)(1)(B)); and
``(ii) for a Tier 2 OTC monograph order request, $100,000,
adjusted for inflation for the fiscal year (as determined
under subsection (c)(1)(B)).
``(B) Due date.--The OTC monograph order request fees
required under subparagraph (A) shall be due on the date of
submission of the OTC monograph order request.
``(C) Exception for certain safety changes.--A person who
is named as the requestor in an OTC monograph order shall not
be subject to a fee under subparagraph (A) if the Secretary
finds that the OTC monograph order request seeks to change
the drug facts labeling of an OTC monograph drug in a way
that would add to or strengthen--
``(i) a contraindication, warning, or precaution;
``(ii) a statement about risk associated with misuse or
abuse; or
``(iii) an instruction about dosage and administration that
is intended to increase the safe use of the OTC monograph
drug.
``(D) Refund of fee if order request is recategorized as a
tier 2 otc monograph order request.--If the Secretary
determines that an OTC monograph request initially
characterized as Tier 1 shall be re-characterized as a Tier 2
OTC monograph order request, and the requestor has paid a
Tier 1 fee in accordance with subparagraph (A)(i), the
Secretary shall refund the requestor the difference between
the Tier 1 and Tier 2 fees determined under subparagraphs
(A)(i) and (A)(ii), respectively.
``(E) Refund of fee if order request refused for filing or
withdrawn before filing.--The Secretary shall refund 75
percent of the fee paid under subparagraph (B) for any order
request which is refused for filing or was withdrawn before
being accepted or refused for filing.
``(F) Fees for order requests previously refused for filing
or withdrawn before filing.--An OTC monograph order request
that was submitted but was refused for filing, or was
withdrawn before being accepted or refused for filing, shall
be subject to the full fee under subparagraph (A) upon being
resubmitted or filed over protest.
``(G) Refund of fee if order request withdrawn.--If an
order request is withdrawn after the order request was filed,
the Secretary may refund the fee or a portion of the fee if
no substantial work was performed on the order request after
the application was filed. The Secretary shall have the sole
discretion to refund a fee or a portion of the fee under this
subparagraph. A determination by the Secretary concerning a
refund under this subparagraph shall not be reviewable.
``(3) Refunds.--
``(A) In general.--Other than refunds provided pursuant to
any of subparagraphs (D) through (G) of paragraph (2), the
Secretary shall not refund any fee paid under paragraph (1)
except as provided in subparagraph (B).
``(B) Disputes concerning fees.--To qualify for the return
of a fee claimed to have been paid in error under paragraph
(1) or (2), a person
[[Page H1779]]
shall submit to the Secretary a written request justifying
such return within 180 calendar days after such fee was paid.
``(4) Notice.--Within the timeframe specified in subsection
(c), the Secretary shall publish in the Federal Register the
amount of the fees under paragraph (1) for such fiscal year.
``(b) Fee Revenue Amounts.--
``(1) Fiscal year 2021.--For fiscal year 2021, fees under
subsection (a)(1) shall be established to generate a total
facility fee revenue amount equal to the sum of--
``(A) the annual base revenue for fiscal year 2021 (as
determined under paragraph (3));
``(B) the dollar amount equal to the operating reserve
adjustment for the fiscal year, if applicable (as determined
under subsection (c)(2)); and
``(C) additional direct cost adjustments (as determined
under subsection (c)(3)).
``(2) Subsequent fiscal years.--For each of the fiscal
years 2022 through 2025, fees under subsection (a)(1) shall
be established to generate a total facility fee revenue
amount equal to the sum of--
``(A) the annual base revenue for the fiscal year (as
determined under paragraph (3));
``(B) the dollar amount equal to the inflation adjustment
for the fiscal year (as determined under subsection (c)(1));
``(C) the dollar amount equal to the operating reserve
adjustment for the fiscal year, if applicable (as determined
under subsection (c)(2));
``(D) additional direct cost adjustments (as determined
under subsection (c)(3)); and
``(E) additional dollar amounts for each fiscal year as
follows:
``(i) $7,000,000 for fiscal year 2022.
``(ii) $6,000,000 for fiscal year 2023.
``(iii) $7,000,000 for fiscal year 2024.
``(iv) $3,000,000 for fiscal year 2025.
``(3) Annual base revenue.--For purposes of paragraphs
(1)(A) and (2)(A), the dollar amount of the annual base
revenue for a fiscal year shall be--
``(A) for fiscal year 2021, $8,000,000; and
``(B) for fiscal years 2022 through 2025, the dollar amount
of the total revenue amount established under this subsection
for the previous fiscal year, not including any adjustments
made under subsection (c)(2) or (c)(3).
``(c) Adjustments; Annual Fee Setting.--
``(1) Inflation adjustment.--
``(A) In general.--For purposes of subsection (b)(2)(B),
the dollar amount of the inflation adjustment to the annual
base revenue for fiscal year 2022 and each subsequent fiscal
year shall be equal to the product of--
``(i) such annual base revenue for the fiscal year under
subsection (b)(2); and
``(ii) the inflation adjustment percentage under
subparagraph (C).
``(B) OTC monograph order request fees.--For purposes of
subsection (a)(2), the dollar amount of the inflation
adjustment to the fee for OTC monograph order requests for
fiscal year 2022 and each subsequent fiscal year shall be
equal to the product of--
``(i) the applicable fee under subsection (a)(2) for the
preceding fiscal year; and
``(ii) the inflation adjustment percentage under
subparagraph (C).
``(C) Inflation adjustment percentage.--The inflation
adjustment percentage under this subparagraph for a fiscal
year is equal to--
``(i) for each of fiscal years 2022 and 2023, the average
annual percent change that occurred in the Consumer Price
Index for urban consumers (Washington-Baltimore, DC-MD-VA-WV;
Not Seasonally Adjusted; All items; Annual Index) for the
first 3 years of the preceding 4 years of available data; and
``(ii) for each of fiscal years 2024 and 2025, the sum of--
``(I) the average annual percent change in the cost, per
full-time equivalent position of the Food and Drug
Administration, of all personnel compensation and benefits
paid with respect to such positions for the first 3 years of
the preceding 4 fiscal years, multiplied by the proportion of
personnel compensation and benefits costs to total costs of
OTC monograph drug activities for the first 3 years of the
preceding 4 fiscal years; and
``(II) the average annual percent change that occurred in
the Consumer Price Index for urban consumers (Washington-
Baltimore, DC-MD-VA-WV; Not Seasonally Adjusted; All items;
Annual Index) for the first 3 years of the preceding 4 years
of available data multiplied by the proportion of all costs
other than personnel compensation and benefits costs to total
costs of OTC monograph drug activities for the first 3 years
of the preceding 4 fiscal years.
``(2) Operating reserve adjustment.--
``(A) In general.--For fiscal year 2021 and subsequent
fiscal years, for purposes of subsections (b)(1)(B) and
(b)(2)(C), the Secretary may, in addition to adjustments
under paragraph (1), further increase the fee revenue and
fees if such an adjustment is necessary to provide operating
reserves of carryover user fees for OTC monograph drug
activities for not more than the number of weeks specified in
subparagraph (B).
``(B) Number of weeks.--The number of weeks specified in
this subparagraph is--
``(i) 3 weeks for fiscal year 2021;
``(ii) 7 weeks for fiscal year 2022;
``(iii) 10 weeks for fiscal year 2023;
``(iv) 10 weeks for fiscal year 2024; and
``(v) 10 weeks for fiscal year 2025.
``(C) Decrease.--If the Secretary has carryover balances
for such process in excess of 10 weeks of the operating
reserves referred to in subparagraph (A), the Secretary shall
decrease the fee revenue and fees referred to in such
subparagraph to provide for not more than 10 weeks of such
operating reserves.
``(D) Rationale for adjustment.--If an adjustment under
this paragraph is made, the rationale for the amount of the
increase or decrease (as applicable) in fee revenue and fees
shall be contained in the annual Federal Register notice
under paragraph (4) establishing fee revenue and fees for the
fiscal year involved.
``(3) Additional direct cost adjustment.--The Secretary
shall, in addition to adjustments under paragraphs (1) and
(2), further increase the fee revenue and fees for purposes
of subsection (b)(2)(D) by an amount equal to--
``(A) $14,000,000 for fiscal year 2021;
``(B) $7,000,000 for fiscal year 2022;
``(C) $4,000,000 for fiscal year 2023;
``(D) $3,000,000 for fiscal year 2024; and
``(E) $3,000,000 for fiscal year 2025.
``(4) Annual fee setting.--
``(A) Fiscal year 2021.--The Secretary shall, not later
than the second Monday in May of 2020--
``(i) establish OTC monograph drug facility fees for fiscal
year 2021 under subsection (a), based on the revenue amount
for such year under subsection (b) and the adjustments
provided under this subsection; and
``(ii) publish fee revenue, facility fees, and OTC
monograph order requests in the Federal Register.
``(B) Subsequent fiscal years.--The Secretary shall, for
each fiscal year that begins after September 30, 2021, not
later than the second Monday in March that precedes such
fiscal year--
``(i) establish for such fiscal year, based on the revenue
amounts under subsection (b) and the adjustments provided
under this subsection--
``(I) OTC monograph drug facility fees under subsection
(a)(1); and
``(II) OTC monograph order request fees under subsection
(a)(2); and
``(ii) publish such fee revenue amounts, facility fees, and
OTC monograph order request fees in the Federal Register.
``(d) Identification of Facilities.--Each person that owns
an OTC monograph drug facility shall submit to the Secretary
the information required under this subsection each year.
Such information shall, for each fiscal year--
``(1) be submitted as part of the requirements for drug
establishment registration set forth in section 510; and
``(2) include for each such facility, at a minimum,
identification of the facility's business operation as that
of an OTC monograph drug facility.
``(e) Effect of Failure To Pay Fees.--
``(1) OTC monograph drug facility fee.--
``(A) In general.--Failure to pay the fee under subsection
(a)(1) within 20 calendar days of the due date as specified
in subparagraph (D) of such subsection shall result in the
following:
``(i) The Secretary shall place the facility on a publicly
available arrears list.
``(ii) All OTC monograph drugs manufactured in such a
facility or containing an ingredient manufactured in such a
facility shall be deemed misbranded under section 502(ff).
``(B) Application of penalties.--The penalties under this
paragraph shall apply until the fee established by subsection
(a)(1) is paid.
``(2) Order requests.--An OTC monograph order request
submitted by a person subject to fees under subsection (a)
shall be considered incomplete and shall not be accepted for
filing by the Secretary until all fees owed by such person
under this section have been paid.
``(3) Meetings.--A person subject to fees under this
section shall be considered ineligible for OTC monograph drug
meetings until all such fees owed by such person have been
paid.
``(f) Crediting and Availability of Fees.--
``(1) In general.--Fees authorized under subsection (a)
shall be collected and available for obligation only to the
extent and in the amount provided in advance in
appropriations Acts. Such fees are authorized to remain
available until expended. Such sums as may be necessary may
be transferred from the Food and Drug Administration salaries
and expenses appropriation account without fiscal year
limitation to such appropriation account for salaries and
expenses with such fiscal year limitation. The sums
transferred shall be available solely for OTC monograph drug
activities.
``(2) Collections and appropriation acts.--
``(A) In general.--Subject to subparagraph (C), the fees
authorized by this section shall be collected and available
in each fiscal year in an amount not to exceed the amount
specified in appropriation Acts, or otherwise made available
for obligation, for such fiscal year.
``(B) Use of fees and limitation.--The fees authorized by
this section shall be available to defray increases in the
costs of the resources allocated for OTC monograph drug
activities (including increases in such costs for an
additional number of full-time equivalent positions in the
Department of Health and Human Services to be engaged in such
activities), only if the Secretary allocates for such purpose
an amount for such fiscal year (excluding amounts from fees
collected under this section) no less than $12,000,000,
multiplied by the adjustment factor applicable to the fiscal
year involved under subsection (c)(1).
``(C) Compliance.--The Secretary shall be considered to
have met the requirements of subparagraph (B) in any fiscal
year if the costs funded by appropriations and allocated for
OTC monograph drug activities are not more than 15 percent
below the level specified in such subparagraph.
``(D) Provision for early payments in subsequent years.--
Payment of fees authorized under this section for a fiscal
year (after fiscal year 2021), prior to the due date for such
fees, may be accepted by the Secretary in accordance with
authority provided in advance in a prior year appropriations
Act.
``(3) Authorization of appropriations.--For each of the
fiscal years 2021 through 2025, there is authorized to be
appropriated for fees under this section an amount equal to
the total
[[Page H1780]]
amount of fees assessed for such fiscal year under this
section.
``(g) Collection of Unpaid Fees.--In any case where the
Secretary does not receive payment of a fee assessed under
subsection (a) within 30 calendar days after it is due, such
fee shall be treated as a claim of the United States
Government subject to subchapter II of chapter 37 of title
31, United States Code.
``(h) Construction.--This section may not be construed to
require that the number of full-time equivalent positions in
the Department of Health and Human Services, for officers,
employers, and advisory committees not engaged in OTC
monograph drug activities, be reduced to offset the number of
officers, employees, and advisory committees so engaged.
``SEC. 744N. REAUTHORIZATION; REPORTING REQUIREMENTS.
``(a) Performance Report.--Beginning with fiscal year 2021,
and not later than 120 calendar days after the end of each
fiscal year thereafter for which fees are collected under
this part, the Secretary shall prepare and submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report concerning the
progress of the Food and Drug Administration in achieving the
goals identified in the letters described in section 3861(b)
of the CARES Act during such fiscal year and the future plans
of the Food and Drug Administration for meeting such goals.
``(b) Fiscal Report.--Not later than 120 calendar days
after the end of fiscal year 2021 and each subsequent fiscal
year for which fees are collected under this part, the
Secretary shall prepare and submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the implementation of the authority for
such fees during such fiscal year and the use, by the Food
and Drug Administration, of the fees collected for such
fiscal year.
``(c) Public Availability.--The Secretary shall make the
reports required under subsections (a) and (b) available to
the public on the internet website of the Food and Drug
Administration.
``(d) Reauthorization.--
``(1) Consultation.--In developing recommendations to
present to the Congress with respect to the goals described
in subsection (a), and plans for meeting the goals, for OTC
monograph drug activities for the first 5 fiscal years after
fiscal year 2025, and for the reauthorization of this part
for such fiscal years, the Secretary shall consult with--
``(A) the Committee on Energy and Commerce of the House of
Representatives;
``(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(C) scientific and academic experts;
``(D) health care professionals;
``(E) representatives of patient and consumer advocacy
groups; and
``(F) the regulated industry.
``(2) Public review of recommendations.--After negotiations
with the regulated industry, the Secretary shall--
``(A) present the recommendations developed under paragraph
(1) to the congressional committees specified in such
paragraph;
``(B) publish such recommendations in the Federal Register;
``(C) provide for a period of 30 calendar days for the
public to provide written comments on such recommendations;
``(D) hold a meeting at which the public may present its
views on such recommendations; and
``(E) after consideration of such public views and
comments, revise such recommendations as necessary.
``(3) Transmittal of recommendations.--Not later than
January 15, 2025, the Secretary shall transmit to the
Congress the revised recommendations under paragraph (2), a
summary of the views and comments received under such
paragraph, and any changes made to the recommendations in
response to such views and comments.''.
TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED
SECTORS OF THE UNITED STATES ECONOMY
Subtitle A--Coronavirus Economic Stabilization Act of 2020
SEC. 4001. SHORT TITLE.
This subtitle may be cited as the ``Coronavirus Economic
Stabilization Act of 2020''.
SEC. 4002. DEFINITIONS.
In this subtitle:
(1) Air carrier.--The term ``air carrier'' has the meaning
such term has under section 40102 of title 49, United States
Code.
(2) Coronavirus.--The term ``coronavirus'' means SARS-CoV-2
or another coronavirus with pandemic potential.
(3) Covered loss.--The term ``covered loss'' includes
losses incurred directly or indirectly as a result of
coronavirus, as determined by the Secretary.
(4) Eligible business.--The term ``eligible business''
means--
(A) an air carrier; or
(B) a United States business that has not otherwise
received adequate economic relief in the form of loans or
loan guarantees provided under this Act.
(5) Employee.--Except where the context otherwise requires,
the term ``employee''--
(A) has the meaning given the term in section 2 of the
National Labor Relations Act (29 U.S.C. 152); and
(B) includes any individual employed by an employer subject
to the Railway Labor Act (45 U.S.C. 151 et seq.).
(6) Equity security; exchange.--The terms ``equity
security'' and ``exchange'' have the meanings given the terms
in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)).
(7) Municipality.--The term ``municipality'' includes--
(A) a political subdivision of a State, and
(B) an instrumentality of a municipality, a State, or a
political subdivision of a State.
(8) National securities exchange.--The term ``national
securities exchange'' means an exchange registered as a
national securities exchange under section 6 of the
Securities Exchange Act of 1934 (15 U.S.C. 78f).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury, or the designee of the Secretary of the
Treasury.
(10) State.--The term ``State'' means--
(A) any of the several States;
(B) the District of Columbia;
(C) any of the territories and possessions of the United
States;
(D) any bi-State or multi-State entity; and
(E) any Indian Tribe.
SEC. 4003. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.
(a) In General.--Notwithstanding any other provision of
law, to provide liquidity to eligible businesses, States, and
municipalities related to losses incurred as a result of
coronavirus, the Secretary is authorized to make loans, loan
guarantees, and other investments in support of eligible
businesses, States, and municipalities that do not, in the
aggregate, exceed $500,000,000,000 and provide the subsidy
amounts necessary for such loans, loan guarantees, and other
investments in accordance with the provisions of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(b) Loans, Loan Guarantees, and Other Investments.--Loans,
loan guarantees, and other investments made pursuant to
subsection (a) shall be made available as follows:
(1) Not more than $25,000,000,000 shall be available to
make loans and loan guarantees for passenger air carriers,
eligible businesses that are certified under part 145 of
title 14, Code of Federal Regulations, and approved to
perform inspection, repair, replace, or overhaul services,
and ticket agents (as defined in section 40102 of title 49,
United States Code).
(2) Not more than $4,000,000,000 shall be available to make
loans and loan guarantees for cargo air carriers.
(3) Not more than $17,000,000,000 shall be available to
make loans and loan guarantees for businesses critical to
maintaining national security.
(4) Not more than the sum of $454,000,000,000 and any
amounts available under paragraphs (1), (2), and (3) that are
not used as provided under those paragraphs shall be
available to make loans and loan guarantees to, and other
investments in, programs or facilities established by the
Board of Governors of the Federal Reserve System for the
purpose of providing liquidity to the financial system that
supports lending to eligible businesses, States, or
municipalities by--
(A) purchasing obligations or other interests directly from
issuers of such obligations or other interests;
(B) purchasing obligations or other interests in secondary
markets or otherwise; or
(C) making loans, including loans or other advances secured
by collateral.
(c) Terms and Conditions.--
(1) In general.--
(A) Forms; terms and conditions.--A loan, loan guarantee,
or other investment by the Secretary shall be made under this
section in such form and on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate. Any loans made by the
Secretary under this section shall be at a rate determined by
the Secretary based on the risk and the current average yield
on outstanding marketable obligations of the United States of
comparable maturity.
(B) Procedures.--As soon as practicable, but in no case
later than 10 days after the date of enactment of this Act,
the Secretary shall publish procedures for application and
minimum requirements, which may be supplemented by the
Secretary in the Secretary's discretion, for making loans,
loan guarantees, or other investments under paragraphs (1),
(2) and (3) of subsection (b) .
(2) Loans and loan guarantees .--The Secretary may enter
into agreements to make loans or loan guarantees to 1 or more
eligible businesses under paragraphs (1), (2) and (3) of
subsection (b) if the Secretary determines that, in the
Secretary's discretion--
(A) the applicant is an eligible business for which credit
is not reasonably available at the time of the transaction;
(B) the intended obligation by the applicant is prudently
incurred;
(C) the loan or loan guarantee is sufficiently secured or
is made at a rate that--
(i) reflects the risk of the loan or loan guarantee; and
(ii) is to the extent practicable, not less than an
interest rate based on market conditions for comparable
obligations prevalent prior to the outbreak of the
coronavirus disease 2019 (COVID-19);
(D) the duration of the loan or loan guarantee is as short
as practicable and in any case not longer than 5 years;
(E) the agreement provides that, until the date 12 months
after the date the loan or loan guarantee is no longer
outstanding, neither the eligible business nor any affiliate
of the eligible business may purchase an equity security that
is listed on a national securities exchange of the eligible
business or any parent company of the eligible business,
except to the extent required under a contractual obligation
in effect as of the date of enactment of this Act;
[[Page H1781]]
(F) the agreement provides that, until the date 12 months
after the date the loan or loan guarantee is no longer
outstanding, the eligible business shall not pay dividends or
make other capital distributions with respect to the common
stock of the eligible business;
(G) the agreement provides that, until September 30, 2020,
the eligible business shall maintain its employment levels as
of March 24, 2020, to the extent practicable, and in any case
shall not reduce its employment levels by more than 10
percent from the levels on such date;
(H) the agreement includes a certification by the eligible
business that it is created or organized in the United States
or under the laws of the United States and has significant
operations in and a majority of its employees based in the
United States; and
(I) for purposes of a loan or loan guarantee under
paragraphs (1), (2), and (3) of subsection (b), the eligible
business must have incurred or is expected to incur covered
losses such that the continued operations of the business are
jeopardized, as determined by the Secretary.
(3) Federal reserve programs or facilities.--
(A) Terms and conditions.--
(i) Definition.--In this paragraph, the term ``direct
loan'' means a loan under a bilateral loan agreement that is
--
(I) entered into directly with an eligible business as
borrower; and
(II) not part of a syndicated loan, a loan originated by a
financial institution in the ordinary course of business, or
a securities or capital markets transaction.
(ii) Restrictions.--The Secretary may make a loan, loan
guarantee, or other investment under subsection (b)(4) as
part of a program or facility that provides direct loans only
if the applicable eligible businesses agree--
(I) until the date 12 months after the date on which the
direct loan is no longer outstanding, not to repurchase an
equity security that is listed on a national securities
exchange of the eligible business or any parent company of
the eligible business while the direct loan is outstanding,
except to the extent required under a contractual obligation
that is in effect as of the date of enactment of this Act;
(II) until the date 12 months after the date on which the
direct loan is no longer outstanding, not to pay dividends or
make other capital distributions with respect to the common
stock of the eligible business; and
(III) to comply with the limitations on compensation set
forth in section 4004.
(iii) Waiver.--The Secretary may waive the requirement
under clause (ii) with respect to any program or facility
upon a determination that such waiver is necessary to protect
the interests of the Federal Government. If the Secretary
exercises a waiver under this clause, the Secretary shall
make himself available to testify before the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives regarding the reasons for the waiver.
(B) Federal reserve act taxpayer protections and other
requirements apply.--For the avoidance of doubt, any
applicable requirements under section 13(3) of the Federal
Reserve Act (12 U.S.C. 343(3)), including requirements
relating to loan collateralization, taxpayer protection, and
borrower solvency, shall apply with respect to any program or
facility described in subsection (b)(4).
(C) United states businesses.--A program or facility in
which the Secretary makes a loan, loan guarantee, or other
investment under subsection (b)(4) shall only purchase
obligations or other interests (other than securities that
are based on an index or that are based on a diversified pool
of securities) from, or make loans or other advances to,
businesses that are created or organized in the United States
or under the laws of the United States and that have
significant operations in and a majority of its employees
based in the United States.
(D) Assistance for mid-sized businesses.--
(i) In general.--Without limiting the terms and conditions
of the programs and facilities that the Secretary may
otherwise provide financial assistance to under subsection
(b)(4), the Secretary shall endeavor to seek the
implementation of a program or facility described in
subsection (b)(4) that provides financing to banks and other
lenders that make direct loans to eligible businesses
including, to the extent practicable, nonprofit
organizations, with between 500 and 10,000 employees, with
such direct loans being subject to an annualized interest
rate that is not higher than 2 percent per annum. For the
first 6 months after any such direct loan is made, or for
such longer period as the Secretary may determine in his
discretion, no principal or interest shall be due and
payable. Any eligible borrower applying for a direct loan
under this program shall make a good-faith certification
that--
(I) the uncertainty of economic conditions as of the date
of the application makes necessary the loan request to
support the ongoing operations of the recipient;
(II) the funds it receives will be used to retain at least
90 percent of the recipient's workforce, at full compensation
and benefits, until September 30, 2020;
(III) the recipient intends to restore not less than 90
percent of the workforce of the recipient that existed as of
February 1, 2020, and to restore all compensation and
benefits to the workers of the recipient no later than 4
months after the termination date of the public health
emergency declared by the Secretary of Health and Human
Services on January 31, 2020, under section 319 of the Public
Health Services Act (42 U.S.C. 247d) in response to COVID-19;
(IV) the recipient is an entity or business that is
domiciled in the United States with significant operations
and employees located in the United States;
(V) the recipient is not a debtor in a bankruptcy
proceeding;
(VI) the recipient is created or organized in the United
States or under the laws of the United States and has
significant operations in and a majority of its employees
based in the United States;
(VII) the recipient will not pay dividends with respect to
the common stock of the eligible business, or repurchase an
equity security that is listed on a national securities
exchange of the recipient or any parent company of the
recipient while the direct loan is outstanding, except to the
extent required under a contractual obligation that is in
effect as of the date of enactment of this Act;
(VIII) the recipient will not outsource or offshore jobs
for the term of the loan and 2 years after completing
repayment of the loan;
(IX) the recipient will not abrogate existing collective
bargaining agreements for the term of the loan and 2 years
after completing repayment of the loan; and
(X) that the recipient will remain neutral in any union
organizing effort for the term of the loan.
(ii) Main street lending program.--Nothing in this
subparagraph shall limit the discretion of the Board of
Governors of the Federal Reserve System to establish a Main
Street Lending Program or other similar program or facility
that supports lending to small and mid-sized businesses on
such terms and conditions as the Board may set consistent
with section 13(3) of the Federal Reserve Act (12 U.S.C.
343(3)), including any such program in which the Secretary
makes a loan, loan guarantee, or other investment under
subsection (b)(4).
(E) Government participants.--The Secretary shall endeavor
to seek the implementation of a program or facility in
accordance with subsection (b)(4) that provides liquidity to
the financial system that supports lending to States and
municipalities.
(d) Financial Protection of Government.--
(1) Warrant or senior debt instrument.--The Secretary may
not issue a loan to, or a loan guarantee for, an eligible
business under paragraph (1), (2), or (3) of subsection (b)
unless--
(A)(i) the eligible business has issued securities that are
traded on a national securities exchange; and
(ii) the Secretary receives a warrant or equity interest in
the eligible business; or
(B) in the case of any eligible business other than an
eligible business described in subparagraph (A), the
Secretary receives, in the discretion of the Secretary--
(i) a warrant or equity interest in the eligible business;
or
(ii) a senior debt instrument issued by the eligible
business.
(2) Terms and conditions.--The terms and conditions of any
warrant, equity interest, or senior debt instrument received
under paragraph (1) shall be set by the Secretary and shall
meet the following requirements:
(A) Purposes.--Such terms and conditions shall be designed
to provide for a reasonable participation by the Secretary,
for the benefit of taxpayers, in equity appreciation in the
case of a warrant or other equity interest, or a reasonable
interest rate premium, in the case of a debt instrument.
(B) Authority to sell, exercise, or surrender.--For the
primary benefit of taxpayers, the Secretary may sell,
exercise, or surrender a warrant or any senior debt
instrument received under this subsection. The Secretary
shall not exercise voting power with respect to any shares of
common stock acquired under this section.
(C) Sufficiency.--If the Secretary determines that the
eligible business cannot feasibly issue warrants or other
equity interests as required by this subsection, the
Secretary may accept a senior debt instrument in an amount
and on such terms as the Secretary deems appropriate.
(3) Prohibition on loan forgiveness.--The principal amount
of any obligation issued by an eligible business, State, or
municipality under a program described in subsection (b)
shall not be reduced through loan forgiveness.
(e) Deposit of Proceeds.--Amounts collected under
subsection (b) shall be deposited in the following order of
priority:
(1) Into the financing accounts established under section
505 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661d)
to implement this subtitle, up to an amount equal to the sum
of--
(A) the amount transferred from the appropriation made
under section 4027 to the financing accounts; and
(B) the amount necessary to repay any amount lent from the
Treasury to such financing accounts.
(2) After the deposits specified in paragraph (1) of this
subsection have been made, into the Federal Old-Age and
Survivors Insurance Trust Fund established under section
201(a) of the Social Security Act (42 U.S.C. 401).
(f) Administrative Provisions.--Notwithstanding any other
provision of law, the Secretary may use not greater than
$100,000,000 of the funds made available under section 4027
to pay costs and administrative expenses associated with the
loans, loan guarantees, and other investments authorized
under this section. The Secretary is authorized to take such
actions as the Secretary deems necessary to carry out the
authorities in this subtitle, including, without limitation--
(1) using direct hiring authority to hire employees to
administer this subtitle;
(2) entering into contracts, including contracts for
services authorized by this subtitle;
(3) establishing vehicles that are authorized, subject to
supervision by the Secretary, to purchase, hold, and sell
assets and issue obligations; and
(4) issuing such regulations and other guidance as may be
necessary or appropriate to carry out the authorities or
purposes of this subtitle.
[[Page H1782]]
(g) Financial Agents.--The Secretary is authorized to
designate financial institutions, including but not limited
to, depositories, brokers, dealers, and other institutions,
as financial agents of the United States. Such institutions
shall--
(1) perform all reasonable duties the Secretary determines
necessary to respond to the coronavirus; and
(2) be paid for such duties using appropriations available
to the Secretary to reimburse financial institutions in their
capacity as financial agents of the United States.
(h) Loans Made by or Guaranteed by the Department of the
Treasury Treated as Indebtedness for Tax Purposes.--
(1) In general.--Any loan made by or guaranteed by the
Department of the Treasury under this section shall be
treated as indebtedness for purposes of the Internal Revenue
Code of 1986, shall be treated as issued for its stated
principal amount, and stated interest on such loans shall be
treated as qualified stated interest.
(2) Regulations or guidance.--The Secretary of the Treasury
(or the Secretary's delegate) shall prescribe such
regulations or guidance as may be necessary or appropriate to
carry out the purposes of this section, including guidance
providing that the acquisition of warrants, stock options,
common or preferred stock or other equity under this section
does not result in an ownership change for purposes of
section 382 of the Internal Revenue Code of 1986.
SEC. 4004. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
(a) In General.--The Secretary may only enter into an
agreement with an eligible business to make a loan or loan
guarantee under paragraph (1), (2) or (3) of section 4003(b)
if such agreement provides that, during the period beginning
on the date on which the agreement is executed and ending on
the date that is 1 year after the date on which the loan or
loan guarantee is no longer outstanding--
(1) no officer or employee of the eligible business whose
total compensation exceeded $425,000 in calendar year 2019
(other than an employee whose compensation is determined
through an existing collective bargaining agreement entered
into prior to March 1, 2020)--
(A) will receive from the eligible business total
compensation which exceeds, during any 12 consecutive months
of such period, the total compensation received by the
officer or employee from the eligible business in calendar
year 2019; or
(B) will receive from the eligible business severance pay
or other benefits upon termination of employment with the
eligible business which exceeds twice the maximum total
compensation received by the officer or employee from the
eligible business in calendar year 2019; and
(2) no officer or employee of the eligible business whose
total compensation exceeded $3,000,000 in calendar year 2019
may receive during any 12 consecutive months of such period
total compensation in excess of the sum of--
(A) $3,000,000; and
(B) 50 percent of the excess over $3,000,000 of the total
compensation received by the officer or employee from the
eligible business in calendar year 2019.
(b) Total Compensation Defined.--In this section, the term
``total compensation'' includes salary, bonuses, awards of
stock, and other financial benefits provided by an eligible
business to an officer or employee of the eligible business.
SEC. 4005. CONTINUATION OF CERTAIN AIR SERVICE.
The Secretary of Transportation is authorized to require,
to the extent reasonable and practicable, an air carrier
receiving loans and loan guarantees under section 4003 to
maintain scheduled air transportation service as the
Secretary of Transportation deems necessary to ensure
services to any point served by that carrier before March 1,
2020. When considering whether to exercise the authority
granted by this section, the Secretary of Transportation
shall take into consideration the air transportation needs of
small and remote communities and the need to maintain well-
functioning health care and pharmaceutical supply chains,
including for medical devices and supplies. The authority
under this section, including any requirement issued by the
Secretary under this section, shall terminate on March 1,
2022.
SEC. 4006. COORDINATION WITH SECRETARY OF TRANSPORTATION.
In implementing this subtitle with respect to air carriers,
the Secretary shall coordinate with the Secretary of
Transportation.
SEC. 4007. SUSPENSION OF CERTAIN AVIATION EXCISE TAXES.
(a) Transportation by Air.--In the case of any amount paid
for transportation by air (including any amount treated as
paid for transportation by air by reason of section
4261(e)(3) of the Internal Revenue Code of 1986) during the
excise tax holiday period, no tax shall be imposed under
section 4261 or 4271 of such Code. The preceding sentence
shall not apply to amounts paid on or before the date of the
enactment of this Act.
(b) Use of Kerosene in Commercial Aviation.--In the case of
kerosene used in commercial aviation (as defined in section
4083 of the Internal Revenue Code of 1986) during the excise
tax holiday period--
(1) no tax shall be imposed on such kerosene under--
(A) section 4041(c) of the Internal Revenue Code of 1986,
or
(B) section 4081 of such Code (other than at the rate
provided in subsection (a)(2)(B) thereof), and
(2) section 6427(l) of such Code shall be applied--
(A) by treating such use as a nontaxable use, and
(B) without regard to paragraph (4)(A)(ii) thereof.
(c) Excise Tax Holiday Period.--For purposes of this
section, the term ``excise tax holiday period'' means the
period beginning after the date of the enactment of this
section and ending before January 1, 2021.
SEC. 4008. DEBT GUARANTEE AUTHORITY.
(a) Section 1105 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5612) is amended--
(1) in subsection (f)--
(A) by inserting ``in noninterest-bearing transaction
accounts'' after ``institutions''; and
(B) by striking ``shall not'' and inserting ``may''; and
(2) by adding at the end the following:
``(h) Approval of Guarantee Program During the COVID-19
Crisis.--
``(1) In general.--For purposes of the congressional joint
resolution of approval provided for in subsections (c)(1) and
(2) and (d), notwithstanding any other provision of this
section, the Federal Deposit Insurance Corporation is
approved upon enactment of this Act to establish a program
provided for in subsection (a), provided that any such
program and any such guarantee shall terminate not later than
December 31, 2020.
``(2) Maximum amount.--Any debt guarantee program
authorized by this subsection shall include a maximum amount
of outstanding debt that is guaranteed.''.
(b) Federal Credit Union Transaction Account Guarantees.--
Notwithstanding any other provision of law and in
coordination with the Federal Deposit Insurance Corporation,
the National Credit Union Administration Board may by a vote
of the Board increase to unlimited, or such lower amount as
the Board approves, the share insurance coverage provided by
the National Credit Union Share Insurance Fund on any
noninterest-bearing transaction account in any federally
insured credit union without exception, provided that any
such increase shall terminate not later than December 31,
2020.
SEC. 4009. TEMPORARY GOVERNMENT IN THE SUNSHINE ACT RELIEF.
(a) In General.--Except as provided in subsection (b),
notwithstanding any other provision of law, if the Chairman
of the Board of Governors of the Federal Reserve System
determines, in writing, that unusual and exigent
circumstances exist, the Board may conduct meetings without
regard to the requirements of section 552b of title 5, United
States Code, during the period beginning on the date of
enactment of this Act and ending on the earlier of--
(1) the date on which the national emergency concerning the
novel coronavirus disease (COVID-19) outbreak declared by the
President on March 13, 2020 under the National Emergencies
Act (50 U.S.C. 1601 et seq.) terminates; or
(2) December 31, 2020.
(b) Records.--The Board of Governors of the Federal Reserve
System shall keep a record of all Board votes and the reasons
for such votes during the period described in subsection (a).
SEC. 4010. TEMPORARY HIRING FLEXIBILITY.
(a) Definition.--In this section, the term ``covered
period'' means the period beginning on the date of enactment
of this Act and ending on the sooner of--
(1) the termination date of the national emergency
concerning the novel coronavirus disease (COVID-19) outbreak
declared by the President on March 13, 2020 under the
National Emergencies Act (50 U.S.C. 1601 et seq.); or
(2) December 31, 2020.
(b) Authority.-- During the covered period, the Secretary
of Housing and Urban Development, the Securities and Exchange
Commission, and the Commodity Futures Trading Commission may,
without regard to sections 3309 through 3318 of title 5,
United States Code, recruit and appoint candidates to fill
temporary and term appointments within their respective
agencies upon a determination that those expedited procedures
are necessary and appropriate to enable the respective
agencies to prevent, prepare for, or respond to COVID-19.
SEC. 4011. TEMPORARY LENDING LIMIT WAIVER.
(a) In General.--Section 5200 of the Revised Statutes of
the United States (12 U.S.C. 84) is amended--
(1) in subsection (c)(7)--
(A) by inserting ``any nonbank financial company (as that
term is defined in section 102 of the Financial Stability Act
of 2010 (12 U.S.C. 5311)),'' after ``Loans or extensions of
credit to''; and
(B) by striking ``financial institution or to'' and
inserting ``financial institution, or to''; and
(2) in subsection (d), by adding at the end of paragraph
(1) the following: ``The Comptroller of the Currency may, by
order, exempt any transaction or series of transactions from
the requirements of this section upon a finding by the
Comptroller that such exemption is in the public interest and
consistent with the purposes of this section.''.
(b) Effective Period.--This section, and the amendments
made by this section, shall be effective during the period
beginning on the date of enactment of this Act and ending on
the sooner of--
(1) the termination date of the national emergency
concerning the novel coronavirus disease (COVID-19) outbreak
declared by the President on March 13, 2020 under the
National Emergencies Act (50 U.S.C. 1601 et seq.); or
(2) December 31, 2020.
SEC. 4012. TEMPORARY RELIEF FOR COMMUNITY BANKS.
(a) Definitions.--In this section--
(1) the term ``appropriate Federal banking agency'' has the
meaning given the term in section 2 of the Economic Growth,
Regulatory Relief, and Consumer Protection Act (12 U.S.C.
5365 note); and
[[Page H1783]]
(2) the terms ``Community Bank Leverage Ratio'' and
``qualifying community bank'' have the meanings given the
terms in section 201(a) of the Economic Growth, Regulatory
Relief, and Consumer Protection Act (12 U.S.C. 5371 note).
(b) Interim Rule.--
(1) In general.--Notwithstanding any other provision of law
or regulation, the appropriate Federal banking agencies shall
issue an interim final rule that provides that, for the
purposes of section 201 of the Economic Growth, Regulatory
Relief, and Consumer Protection Act (12 U.S.C. 5371 note)--
(A) the Community Bank Leverage Ratio shall be 8 percent;
and
(B) a qualifying community bank that falls below the
Community Bank Leverage Ratio established under subparagraph
(A) shall have a reasonable grace period to satisfy the
Community Bank Leverage Ratio.
(2) Effective period.--The interim rule issued under
paragraph (1) shall be effective during the period beginning
on the date on which the appropriate Federal banking agencies
issue the rule and ending on the sooner of--
(A) the termination date of the national emergency
concerning the novel coronavirus disease (COVID-19) outbreak
declared by the President on March 13, 2020 under the
National Emergencies Act (50 U.S.C. 1601 et seq.); or
(B) December 31, 2020.
(c) Grace Period.--During a grace period described in
subsection (b)(1)(B), a qualifying community bank to which
the grace period applies may continue to be treated as a
qualifying community bank and shall be presumed to satisfy
the capital and leverage requirements described in section
201(c) of the Economic Growth, Regulatory Relief, and
Consumer Protection Act (12 U.S.C. 5371 note).
SEC. 4013. TEMPORARY RELIEF FROM TROUBLED DEBT
RESTRUCTURINGS.
(a) Definitions.--In this section:
(1) Applicable period.--The term ``applicable period''
means the period beginning on March 1, 2020 and ending on the
earlier of December 31, 2020, or the date that is 60 days
after the date on which the national emergency concerning the
novel coronavirus disease (COVID-19) outbreak declared by the
President on March 13, 2020 under the National Emergencies
Act (50 U.S.C. 1601 et seq.) terminates.
(2) Appropriate federal banking agency.--The term
``appropriate Federal banking agency''--
(A) has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes the National Credit Union Administration.
(b) Suspension.--
(1) In general.--During the applicable period, a financial
institution may elect to--
(A) suspend the requirements under United States generally
accepted accounting principles for loan modifications related
to the coronavirus disease 2019 (COVID-19) pandemic that
would otherwise be categorized as a troubled debt
restructuring; and
(B) suspend any determination of a loan modified as a
result of the effects of the coronavirus disease 2019 (COVID-
19) pandemic as being a troubled debt restructuring,
including impairment for accounting purposes.
(2) Applicability.--Any suspension under paragraph (1)--
(A) shall be applicable for the term of the loan
modification, but solely with respect to any modification,
including a forbearance arrangement, an interest rate
modification, a repayment plan, and any other similar
arrangement that defers or delays the payment of principal or
interest, that occurs during the applicable period for a loan
that was not more than 30 days past due as of December 31,
2019; and
(B) shall not apply to any adverse impact on the credit of
a borrower that is not related to the coronavirus disease
2019 (COVID-19) pandemic.
(c) Deference.--The appropriate Federal banking agency of
the financial institution shall defer to the determination of
the financial institution to make a suspension under this
section.
(d) Records.--For modified loans for which suspensions
under subsection (a) apply--
(1) financial institutions should continue to maintain
records of the volume of loans involved; and
(2) the appropriate Federal banking agencies may collect
data about such loans for supervisory purposes.
SEC. 4014. OPTIONAL TEMPORARY RELIEF FROM CURRENT EXPECTED
CREDIT LOSSES.
(a) Definitions.--In this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency''--
(A) has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes the National Credit Union Administration.
(2) Insured depository institution.--The term ``insured
depository institution''--
(A) has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes a credit union.
(b) Temporary Relief From CECL Standards.--Notwithstanding
any other provision of law, no insured depository
institution, bank holding company, or any affiliate thereof
shall be required to comply with the Financial Accounting
Standards Board Accounting Standards Update No. 2016-13
(``Measurement of Credit Losses on Financial Instruments''),
including the current expected credit losses methodology for
estimating allowances for credit losses, during the period
beginning on the date of enactment of this Act and ending on
the earlier of--
(1) the date on which the national emergency concerning the
novel coronavirus disease (COVID-19) outbreak declared by the
President on March 13, 2020 under the National Emergencies
Act (50 U.S.C. 1601 et seq.) terminates; or
(2) December 31, 2020.
SEC. 4015. NON-APPLICABILITY OF RESTRICTIONS ON ESF DURING
NATIONAL EMERGENCY.
(a) In General.--Section 131 of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5236) shall not apply
during the period beginning on the date of enactment of this
Act and ending on December 31, 2020. Any guarantee
established as a result of the application of subsection (a)
shall--
(1) be limited to a guarantee of the total value of a
shareholder's account in a participating fund as of the close
of business on the day before the announcement of the
guarantee; and
(2) terminate not later than December 31, 2020.
(b) Direct Appropriation.--Upon the expiration of the
period described in subsection (a), there is appropriated,
out of amounts in the Treasury not otherwise appropriated,
such sums as may be necessary to reimburse the fund
established under section 5302(a)(1) of title 31, United
States Code, for any funds that are used for the Treasury
Money Market Funds Guaranty Program for the United States
money market mutual fund industry to the extent a claim
payment made exceeds the balance of fees collected by the
fund.
SEC. 4016. TEMPORARY CREDIT UNION PROVISIONS.
(a) In General.--
(1) Definitions.--Section 302(1) of the Federal Credit
Union Act (12 U.S.C. 1795a(1)) is amended, in the matter
preceding subparagraph (A), by striking ``primarily serving
natural persons''.
(2) Membership.--Section 304(b)(2) of the Federal Credit
Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking
``all those credit unions'' and inserting ``such credit
unions as the Board may in its discretion determine''.
(3) Extensions of credit.--Section 306(a)(1) of the Federal
Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in the
second sentence, by striking ``the intent of which is to
expand credit union portfolios'' and inserting ``without
first having obtained evidence from the applicant that the
applicant has made reasonable efforts to first use primary
sources of liquidity of the applicant, including balance
sheet and market funding sources, to address the liquidity
needs of the applicant''.
(4) Powers of the board.--Section 307(a)(4)(A) of the
Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is
amended by inserting ``, provided that, the total face value
of such obligations shall not exceed 16 times the subscribed
capital stock and surplus of the Facility for the period
beginning on the date of enactment of the Coronavirus
Economic Stabilization Act of 2020 and ending on December 31,
2020'' after ``Facility''.
(b) Sunset.--
(1) In general.--
(A) Definitions.--Section 302(1) of the Federal Credit
Union Act (12 U.S.C. 1795a(1)) is amended, in the matter
preceding subparagraph (A), by inserting ``primarily serving
natural persons'' after ``credit unions''.
(B) Membership.--Section 304(b)(2) of the Federal Credit
Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking
``such credit unions as the Board may in its discretion
determine'' and inserting ``all those credit unions''.
(C) Extensions of credit.--Section 306(a)(1) of the Federal
Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in the
second sentence, by striking ``without first having obtained
evidence from the applicant that the applicant has made
reasonable efforts to first use primary sources of liquidity
of the applicant, including balance sheet and market funding
sources, to address the liquidity needs of the applicant''
and inserting ``the intent of which is to expand credit union
portfolios''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on December 31, 2020.
SEC. 4017. INCREASING ACCESS TO MATERIALS NECESSARY FOR
NATIONAL SECURITY AND PANDEMIC RECOVERY.
Notwithstanding any other provision of law--
(1) during the 2-year period beginning on the date of
enactment of this Act, the requirements described in sections
303(a)(6)(C) and 304(e) of the Defense Production Act of 1950
(50 U.S.C. 4533(a)(6)(C), 4534(e)) shall not apply; and
(2) during the 1-year period beginning on the date of
enactment of this Act, the requirements described in sections
302(d)(1) and 303 (a)(6)(B) of the Defense Production Act of
1950 (50 U.S.C. 4532(d)(1), 4533(a)(6)(B)) shall not apply.
SEC. 4018. SPECIAL INSPECTOR GENERAL FOR PANDEMIC RECOVERY.
(a) Office of Inspector General.--There is hereby
established within the Department of the Treasury the Office
of the Special Inspector General for Pandemic Recovery.
(b) Appointment of Inspector General; Removal.--
(1) In general.--The head of the Office of the Special
Inspector General for Pandemic Recovery shall be the Special
Inspector General for Pandemic Recovery (referred to in this
section as the ``Special Inspector General''), who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(2) Nomination.--The nomination of the Special Inspector
General shall be made on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations. The nomination of an individual as Special
Inspector General shall be made as soon as practicable after
any loan, loan guarantee, or other investment is made under
section 4003.
(3) Removal.--The Special Inspector General shall be
removable from office in accordance
[[Page H1784]]
with the provisions of section 3(b) of the Inspector General
Act of 1978 (5 U.S.C. App.).
(4) Political activity.--For purposes of section 7324 of
title 5, United States Code, the Special Inspector General
shall not be considered an employee who determines policies
to be pursued by the United States in the nationwide
administration of Federal law.
(5) Basic pay.--The annual rate of basic pay of the Special
Inspector General shall be the annual rate of basic pay for
an Inspector General under section 3(e) of the Inspector
General Act of 1978 (5 U.S.C. App.).
(c) Duties.--
(1) In general.--It shall be the duty of the Special
Inspector General to, in accordance with section 4(b)(1) of
the Inspector General Act of 1978 (5 U.S.C. App.), conduct,
supervise, and coordinate audits and investigations of the
making, purchase, management, and sale of loans, loan
guarantees, and other investments made by the Secretary of
the Treasury under any program established by the Secretary
under this Act, and the management by the Secretary of any
program established under this Act, including by collecting
and summarizing the following information:
(A) A description of the categories of the loans, loan
guarantees, and other investments made by the Secretary.
(B) A listing of the eligible businesses receiving loan,
loan guarantees, and other investments made under each
category described in subparagraph (A).
(C) An explanation of the reasons the Secretary determined
it to be appropriate to make each loan or loan guarantee
under this Act, including a justification of the price paid
for, and other financial terms associated with, the
applicable transaction.
(D) A listing of, and detailed biographical information
with respect to, each person hired to manage or service each
loan, loan guarantee, or other investment made under section
4003.
(E) A current, as of the date on which the information is
collected, estimate of the total amount of each loan, loan
guarantee, and other investment made under this Act that is
outstanding, the amount of interest and fees accrued and
received with respect to each loan or loan guarantee, the
total amount of matured loans, the type and amount of
collateral, if any, and any losses or gains, if any, recorded
or accrued for each loan, loan guarantee, or other
investment.
(2) Maintenance of systems.--The Special Inspector General
shall establish, maintain, and oversee such systems,
procedures, and controls as the Special Inspector General
considers appropriate to discharge the duties of the Special
Inspector General under paragraph (1).
(3) Additional duties and responsibilities.--In addition to
the duties described in paragraphs (1) and (2), the Special
Inspector General shall also have the duties and
responsibilities of inspectors general under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Powers and Authorities.--
(1) In general.--In carrying out the duties of the Special
Inspector General under subsection (c), the Special Inspector
General shall have the authorities provided in section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.).
(2) Treatment of office.--The Office of the Special
Inspector General for Pandemic Recovery shall be considered
to be an office described in section 6(f)(3) of the Inspector
General Act of 1978 (5 U.S.C. App.) and shall be exempt from
an initial determination by the Attorney General under
section 6(f)(2) of that Act.
(e) Personnel, Facilities, and Other Resources.--
(1) Appointment of officers and employees.--The Special
Inspector General may select, appoint, and employ such
officers and employees as may be necessary for carrying out
the duties of the Special Inspector General, subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of that title,
relating to classification and General Schedule pay rates.
(2) Experts and consultants.--The Special Inspector General
may obtain services as authorized under section 3109 of title
5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of that title.
(3) Contracts.--The Special Inspector General may enter
into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with
private persons, and make such payments as may be necessary
to carry out the duties of the Inspector General.
(4) Requests for information.--
(A) In general.--Upon request of the Special Inspector
General for information or assistance from any department,
agency, or other entity of the Federal Government, the head
of that department, agency, or entity shall, to the extent
practicable and not in contravention of any existing law,
furnish that information or assistance to the Special
Inspector General, or an authorized designee.
(B) Refusal to provide requested information.--Whenever
information or assistance requested by the Special Inspector
General is, in the judgment of the Special Inspector General,
unreasonably refused or not provided, the Special Inspector
General shall report the circumstances to the appropriate
committees of Congress without delay.
(f) Reports.--
(1) Quarterly reports.--
(A) In general.--Not later than 60 days after the date on
which the Special Inspector General is confirmed, and once
every calendar quarter thereafter, the Special Inspector
General shall submit to the appropriate committees of
Congress a report summarizing the activities of the Special
Inspector General during the 3-month period ending on the
date on which the Special Inspector General submits the
report.
(B) Contents.--Each report submitted under subparagraph (A)
shall include, for the period covered by the report, a
detailed statement of all loans, loan guarantees, other
transactions, obligations, expenditures, and revenues
associated with any program established by the Secretary
under section 4003, as well as the information collected
under subsection (c)(1).
(2) Rule of construction.--Nothing in this subsection may
be construed to authorize the public disclosure of
information that is--
(A) specifically prohibited from disclosure by any other
provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national defense
or national security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
(g) Funding.--
(1) In general.--Of the amounts made available to the
Secretary under section 4027, $25,000,000 shall be made
available to the Special Inspector General to carry out this
section.
(2) Availability.--The amounts made available to the
Special Inspector General under paragraph (1) shall remain
available until expended.
(h) Termination.--The Office of the Special Inspector
General shall terminate on the date 5 years after the
enactment of this Act.
(i) Council of the Inspectors General on Integrity and
Efficiency.--The Special Inspector General shall be a member
of the Council of the Inspectors General on Integrity and
Efficiency established under section 11 of the Inspector
General Act of 1978 (5 U.S.C. App.) until the date of
termination of the Office of the Special Inspector General.
(j) Corrective Responses to Audit Problems.--The Secretary
shall--
(1) take action to address deficiencies identified by a
report or investigation of the Special Inspector General; or
(2) with respect to a deficiency identified under paragraph
(1), certify to the Committee on Banking, Housing, and Urban
Affairs of the Senate, the Committee on Finance of the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Ways and Means of the
House of Representatives that no action is necessary or
appropriate.
SEC. 4019. CONFLICTS OF INTEREST.
(a) Definitions.--In this section:
(1) Controlling interest.--The term ``controlling
interest'' means owning, controlling, or holding not less
than 20 percent, by vote or value, of the outstanding amount
of any class of equity interest in an entity.
(2) Covered entity.--The term ``covered entity'' means an
entity in which a covered individual directly or indirectly
holds a controlling interest. For the purpose of determining
whether an entity is a covered entity, the securities owned,
controlled, or held by 2 or more individuals who are related
as described in paragraph (3)(B) shall be aggregated.
(3) Covered individual.--The term ``covered individual''
means--
(A) the President, the Vice President, the head of an
Executive department, or a Member of Congress; and
(B) the spouse, child, son-in-law, or daughter-in-law, as
determined under applicable common law, of an individual
described in subparagraph (A).
(4) Executive department.--The term ``Executive
department'' has the meaning given the term in section 101 of
title 5, United States Code.
(5) Member of congress.--The term ``member of Congress''
means a member of the Senate or House of Representatives, a
Delegate to the House of Representatives, and the Resident
Commissioner from Puerto Rico.
(6) Equity interest.--The term ``equity interest'' means--
(A) a share in an entity, without regard to whether the
share is--
(i) transferable; or
(ii) classified as stock or anything similar;
(B) a capital or profit interest in a limited liability
company or partnership; or
(C) a warrant or right, other than a right to convert, to
purchase, sell, or subscribe to a share or interest described
in subparagraph (A) or (B), respectively.
(b) Prohibition.--Notwithstanding any other provision of
this subtitle, no covered entity may be eligible for any
transaction described in section 4003.
(c) Requirement.--The principal executive officer and the
principal financial officer, or individuals performing
similar functions, of an entity seeking to enter a
transaction under section 4003 shall, before that transaction
is approved, certify to the Secretary and the Board of
Governors of the Federal Reserve System that the entity is
eligible to engage in that transaction, including that the
entity is not a covered entity.
SEC. 4020. CONGRESSIONAL OVERSIGHT COMMISSION.
(a) Establishment.--There is hereby established the
Congressional Oversight Commission (hereafter in this section
referred to as the ``Oversight Commission'') as an
establishment in the legislative branch.
(b) Duties.--
(1) In general.--The Oversight Commission shall--
(A) conduct oversight of the implementation of this
subtitle by the Department of the Treasury and the Board of
Governors of the Federal Reserve System, including efforts of
the Department and the Board to provide economic stability as
a result of the coronavirus disease 2019 (COVID-19) pandemic
of 2020;
(B) submit to Congress reports under paragraph (2); and
(C) review the implementation of this subtitle by the
Federal Government.
(2) Regular reports.--
[[Page H1785]]
(A) In general.--Reports of the Oversight Commission shall
include the following:
(i) The use by the Secretary and the Board of Governors of
the Federal Reserve System of authority under this subtitle,
including with respect to the use of contracting authority
and administration of the provisions of this subtitle.
(ii) The impact of loans, loan guarantees, and investments
made under this subtitle on the financial well-being of the
people of the United States and the United States economy,
financial markets, and financial institutions.
(iii) The extent to which the information made available on
transactions under this subtitle has contributed to market
transparency.
(iv) The effectiveness of loans, loan guarantees, and
investments made under this subtitle of minimizing long-term
costs to the taxpayers and maximizing the benefits for
taxpayers.
(B) Timing.--The reports required under this paragraph
shall be submitted not later than 30 days after the first
exercise by the Secretary and the Board of Governors of the
Federal Reserve System of the authority under this subtitle
and every 30 days thereafter.
(c) Membership.--
(1) In general.--The Oversight Commission shall consist of
5 members as follows:
(A) 1 member appointed by the Speaker of the House of
Representatives.
(B) 1 member appointed by the minority leader of the House
of Representatives.
(C) 1 member appointed by the majority leader of the
Senate.
(D) 1 member appointed by the minority leader of the
Senate.
(E) 1 member appointed as Chairperson by the Speaker of the
House of Representatives and the majority leader of the
Senate, after consultation with the minority leader of the
Senate and the minority leader of the House of
Representatives
(2) Pay.--Each member of the Oversight Commission shall be
paid at a rate equal to the daily equivalent of the annual
rate of basic pay for level I of the Executive Schedule for
each day (including travel time) during which such member is
engaged in the actual performance of duties vested in the
Oversight Commission.
(3) Prohibition of compensation of federal employees.--
Members of the Oversight Commission who are full-time
officers or employees of the United States may not receive
additional pay, allowances, or benefits by reason of their
service on the Oversight Commission.
(4) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(5) Quorum.--Four members of the Oversight Commission shall
constitute a quorum but a lesser number may hold hearings.
(6) Vacancies.--A vacancy on the Oversight Commission shall
be filled in the manner in which the original appointment was
made.
(7) Meetings.--The Oversight Commission shall meet at the
call of the Chairperson or a majority of its members.
(d) Staff.--
(1) In general.--The Oversight Commission may appoint and
fix the pay of any personnel as the Oversight Commission
considers appropriate.
(2) Experts and consultants.--The Oversight Commission may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
(3) Staff of agencies.--Upon request of the Oversight
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Oversight Commission to assist it
in carrying out its duties under the this subtitle.
(e) Powers.--
(1) Hearings and evidence.--The Oversight Commission, or
any subcommittee or member thereof, may, for the purpose of
carrying out this section hold hearings, sit and act at times
and places, take testimony, and receive evidence as the
Oversight Commission considers appropriate and may administer
oaths or affirmations to witnesses appearing before it.
(2) Contracting.--The Oversight Commission may, to such
extent and in such amounts as are provided in appropriation
Acts, enter into contracts to enable the Oversight Commission
to discharge its duties under this section.
(3) Powers of members and agents.--Any member or agent of
the Oversight Commission may, if authorized by the Oversight
Commission, take any action which the Oversight Commission is
authorized to take by this section.
(4) Obtaining official data.--The Oversight Commission may
secure directly from any department or agency of the United
States information necessary to enable it to carry out this
section. Upon request of the Chairperson of the Oversight
Commission, the head of that department or agency shall
furnish that information to the Oversight Commission.
(5) Reports.--The Oversight Commission shall receive and
consider all reports required to be submitted to the
Oversight Commission under this subtitle.
(f) Termination.--The Oversight Commission shall terminate
on September 30, 2025.
(g) Funding for Expenses.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Oversight Commission such sums as
may be necessary for any fiscal year, half of which shall be
derived from the applicable account of the House of
Representatives, and half of which shall be derived from the
contingent fund of the Senate.
(2) Reimbursement of amounts.--An amount equal to the
expenses of the Oversight Commission shall be promptly
transferred by the Secretary and the Board of Governors of
the Federal Reserve System, from time to time upon the
presentment of a statement of such expenses by the
Chairperson of the Oversight Commission, from funds made
available to the Secretary under this subtitle to the
applicable fund of the House of Representatives and the
contingent fund of the Senate, as appropriate, as
reimbursement for amounts expended from such account and fund
under paragraph (1).
SEC. 4021. CREDIT PROTECTION DURING COVID-19.
Section 623(a)(1) of the Fair Credit Reporting Act (15
U.S.C. 1681s-2(a)(1)) is amended by adding at the end the
following:
``(F) Reporting information during covid-19 pandemic.--
``(i) Definitions.--In this subsection:
``(I) Accommodation.--The term `accommodation' includes an
agreement to defer 1 or more payments, make a partial
payment, forbear any delinquent amounts, modify a loan or
contract, or any other assistance or relief granted to a
consumer who is affected by the coronavirus disease 2019
(COVID-19) pandemic during the covered period.
``(II) Covered period.--The term `covered period' means the
period beginning on January 31, 2020 and ending on the later
of--
``(aa) 120 days after the date of enactment of this
subparagraph; or
``(bb) 120 days after the date on which the national
emergency concerning the novel coronavirus disease (COVID-19)
outbreak declared by the President on March 13, 2020 under
the National Emergencies Act (50 U.S.C. 1601 et seq.)
terminates.
``(ii) Reporting.--Except as provided in clause (iii), if a
furnisher makes an accommodation with respect to 1 or more
payments on a credit obligation or account of a consumer, and
the consumer makes the payments or is not required to make 1
or more payments pursuant to the accommodation, the furnisher
shall--
``(I) report the credit obligation or account as current;
or
``(II) if the credit obligation or account was delinquent
before the accommodation--
``(aa) maintain the delinquent status during the period in
which the accommodation is in effect; and
``(bb) if the consumer brings the credit obligation or
account current during the period described in item (aa),
report the credit obligation or account as current.
``(iii) Exception.--Clause (ii) shall not apply with
respect to a credit obligation or account of a consumer that
has been charged-off.''.
SEC. 4022. FORECLOSURE MORATORIUM AND CONSUMER RIGHT TO
REQUEST FORBEARANCE.
(a) Definitions.--In this section:
(1) Covid-19 emergency.--The term ``COVID-19 emergency''
means the national emergency concerning the novel coronavirus
disease (COVID-19) outbreak declared by the President on
March 13, 2020 under the National Emergencies Act (50 U.S.C.
1601 et seq.).
(2) Federally backed mortgage loan.--The term ``Federally
backed mortgage loan'' includes any loan which is secured by
a first or subordinate lien on residential real property
(including individual units of condominiums and cooperatives)
designed principally for the occupancy of from 1- to 4-
families that is--
(A) insured by the Federal Housing Administration under
title II of the National Housing Act (12 U.S.C. 1707 et
seq.);
(B) insured under section 255 of the National Housing Act
(12 U.S.C. 1715z-20);
(C) guaranteed under section 184 or 184A of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a,
1715z-13b);
(D) guaranteed or insured by the Department of Veterans
Affairs;
(E) guaranteed or insured by the Department of Agriculture;
(F) made by the Department of Agriculture; or
(G) purchased or securitized by the Federal Home Loan
Mortgage Corporation or the Federal National Mortgage
Association.
(b) Forbearance.--
(1) In general.--During the covered period, a borrower with
a Federally backed mortgage loan experiencing a financial
hardship due, directly or indirectly, to the COVID-19
emergency may request forbearance on the Federally backed
mortgage loan, regardless of delinquency status, by--
(A) submitting a request to the borrower's servicer; and
(B) affirming that the borrower is experiencing a financial
hardship during the COVID-19 emergency.
(2) Duration of forbearance.--Upon a request by a borrower
for forbearance under paragraph (1), such forbearance shall
be granted for up to 180 days, and shall be extended for an
additional period of up to 180 days at the request of the
borrower, provided that, at the borrower's request, either
the initial or extended period of forbearance may be
shortened.
(3) Accrual of interest or fees.--During a period of
forbearance described in this subsection, no fees, penalties,
or interest beyond the amounts scheduled or calculated as if
the borrower made all contractual payments on time and in
full under the terms of the mortgage contract, shall accrue
on the borrower's account.
(c) Requirements for Servicers.--
(1) In general.--Upon receiving a request for forbearance
from a borrower under subsection (b), the servicer shall with
no additional documentation required other than the
borrower's attestation to a financial hardship caused by the
COVID-19 emergency and with no fees, penalties, or interest
(beyond the amounts scheduled or calculated as if the
borrower made all contractual payments on time and in full
under the terms of the mortgage contract) charged to the
borrower in connection with the forbearance, provide the
forbearance for up to 180 days, which may be extended for an
additional period of up to 180 days at the request of the
borrower, provided that, the borrower's request for an
extension is made during the covered period, and, at the
borrower's request, either the
[[Page H1786]]
initial or extended period of forbearance may be shortened.
(2) Foreclosure moratorium.--Except with respect to a
vacant or abandoned property, a servicer of a Federally
backed mortgage loan may not initiate any judicial or non-
judicial foreclosure process, move for a foreclosure judgment
or order of sale, or execute a foreclosure-related eviction
or foreclosure sale for not less than the 60-day period
beginning on March 18, 2020.
SEC. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE LOAN PAYMENTS
FOR MULTIFAMILY PROPERTIES WITH FEDERALLY
BACKED LOANS.
(a) In General.--During the covered period, a multifamily
borrower with a Federally backed multifamily mortgage loan
experiencing a financial hardship due, directly or
indirectly, to the COVID-19 emergency may request a
forbearance under the terms set forth in this section.
(b) Request for Relief.--A multifamily borrower with a
Federally backed multifamily mortgage loan that was current
on its payments as of February 1, 2020, may submit an oral or
written request for forbearance under subsection (a) to the
borrower's servicer affirming that the multifamily borrower
is experiencing a financial hardship during the COVID-19
emergency.
(c) Forbearance Period.--
(1) In general.--Upon receipt of an oral or written request
for forbearance from a multifamily borrower, a servicer
shall--
(A) document the financial hardship;
(B) provide the forbearance for up to 30 days; and
(C) extend the forbearance for up to 2 additional 30 day
periods upon the request of the borrower provided that, the
borrower's request for an extension is made during the
covered period, and, at least 15 days prior to the end of the
forbearance period described under subparagraph (B).
(2) Right to discontinue.--A multifamily borrower shall
have the option to discontinue the forbearance at any time.
(d) Renter Protections During Forbearance Period.--A
multifamily borrower that receives a forbearance under this
section may not, for the duration of the forbearance--
(1) evict or initiate the eviction of a tenant from a
dwelling unit located in or on the applicable property solely
for nonpayment of rent or other fees or charges; or
(2) charge any late fees, penalties, or other charges to a
tenant described in paragraph (1) for late payment of rent.
(e) Notice.--A multifamily borrower that receives a
forbearance under this section--
(1) may not require a tenant to vacate a dwelling unit
located in or on the applicable property before the date that
is 30 days after the date on which the borrower provides the
tenant with a notice to vacate; and
(2) may not issue a notice to vacate under paragraph (1)
until after the expiration of the forbearance.
(f) Definitions.--In this section:
(1) Applicable property.--The term ``applicable property'',
with respect to a Federally backed multifamily mortgage loan,
means the residential multifamily property against which the
mortgage loan is secured by a lien.
(2) Federally backed multifamily mortgage loan.--The term
``Federally backed multifamily mortgage loan'' includes any
loan (other than temporary financing such as a construction
loan) that--
(A) is secured by a first or subordinate lien on
residential multifamily real property designed principally
for the occupancy of 5 or more families, including any such
secured loan, the proceeds of which are used to prepay or pay
off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or
agency of the Federal Government or under or in connection
with a housing or urban development program administered by
the Secretary of Housing and Urban Development or a housing
or related program administered by any other such officer or
agency, or is purchased or securitized by the Federal Home
Loan Mortgage Corporation or the Federal National Mortgage
Association.
(3) Multifamily borrower.--the term ``multifamily
borrower'' means a borrower of a residential mortgage loan
that is secured by a lien against a property comprising 5 or
more dwelling units.
(4) Covid-19 emergency.--The term ``COVID-19 emergency''
means the national emergency concerning the novel coronavirus
disease (COVID-19) outbreak declared by the President on
March 13, 2020 under the National Emergencies Act (50 U.S.C.
1601 et seq.).
(5) Covered period.--The term ``covered period'' means the
period beginning on the date of enactment of this Act and
ending on the sooner of--
(A) the termination date of the national emergency
concerning the novel coronavirus disease (COVID-19) outbreak
declared by the President on March 13, 2020 under the
National Emergencies Act (50 U.S.C. 1601 et seq.); or
(B) December 31, 2020.
SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) Definitions.--In this section:
(1) Covered dwelling.--The term ``covered dwelling'' means
a dwelling that--
(A) is occupied by a tenant--
(i) pursuant to a residential lease; or
(ii) without a lease or with a lease terminable under State
law; and
(B) is on or in a covered property.
(2) Covered property.--The term ``covered property'' means
any property that--
(A) participates in--
(i) a covered housing program (as defined in section
41411(a) of the Violence Against Women Act of 1994 (34 U.S.C.
12491(a))); or
(ii) the rural housing voucher program under section 542 of
the Housing Act of 1949 (42 U.S.C. 1490r); or
(B) has a--
(i) Federally backed mortgage loan; or
(ii) Federally backed multifamily mortgage loan.
(3) Dwelling.--The term ``dwelling''--
(A) has the meaning given the term in section 802 of the
Fair Housing Act (42 U.S.C. 3602); and
(B) includes houses and dwellings described in section
803(b) of such Act (42 U.S.C. 3603(b)).
(4) Federally backed mortgage loan.--The term ``Federally
backed mortgage loan'' includes any loan (other than
temporary financing such as a construction loan) that--
(A) is secured by a first or subordinate lien on
residential real property (including individual units of
condominiums and cooperatives) designed principally for the
occupancy of from 1 to 4 families, including any such secured
loan, the proceeds of which are used to prepay or pay off an
existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or
agency of the Federal Government or under or in connection
with a housing or urban development program administered by
the Secretary of Housing and Urban Development or a housing
or related program administered by any other such officer or
agency, or is purchased or securitized by the Federal Home
Loan Mortgage Corporation or the Federal National Mortgage
Association.
(5) Federally backed multifamily mortgage loan.--The term
``Federally backed multifamily mortgage loan'' includes any
loan (other than temporary financing such as a construction
loan) that--
(A) is secured by a first or subordinate lien on
residential multifamily real property designed principally
for the occupancy of 5 or more families, including any such
secured loan, the proceeds of which are used to prepay or pay
off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or
agency of the Federal Government or under or in connection
with a housing or urban development program administered by
the Secretary of Housing and Urban Development or a housing
or related program administered by any other such officer or
agency, or is purchased or securitized by the Federal Home
Loan Mortgage Corporation or the Federal National Mortgage
Association.
(b) Moratorium.--During the 120-day period beginning on the
date of enactment of this Act, the lessor of a covered
dwelling may not--
(1) make, or cause to be made, any filing with the court of
jurisdiction to initiate a legal action to recover possession
of the covered dwelling from the tenant for nonpayment of
rent or other fees or charges; or
(2) charge fees, penalties, or other charges to the tenant
related to such nonpayment of rent.
(c) Notice.--The lessor of a covered dwelling unit--
(1) may not require the tenant to vacate the covered
dwelling unit before the date that is 30 days after the date
on which the lessor provides the tenant with a notice to
vacate; and
(2) may not issue a notice to vacate under paragraph (1)
until after the expiration of the period described in
subsection (b).
SEC. 4025. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT.
(a) In General.--Neither the Secretary, nor any other
actor, department, or agency of the Federal Government, shall
condition the issuance of a loan or loan guarantee under
paragraph (1), (2), or (3) of section 4003(b) of this
subtitle on an air carrier's or eligible business's
implementation of measures to enter into negotiations with
the certified bargaining representative of a craft or class
of employees of the air carrier or eligible business under
the Railway Labor Act (45 U.S.C. 151 et seq.) or the National
Labor Relations Act (29 U.S.C. 151 et seq.), regarding pay or
other terms and conditions of employment.
(b) Period of Effect.--With respect to an air carrier or
eligible business to which the loan or loan guarantee is
provided under this subtitle, this section shall be in effect
with respect to the air carrier or eligible business
beginning on the date on which the air carrier or eligible
business is first issued such loan or loan guarantee and
ending on the date that is 1 year after the loan or loan
guarantee is no longer outstanding.
SEC. 4026. REPORTS.
(a) Disclosure of Transactions.--Not later than 72 hours
after any transaction by the Secretary under paragraph (1),
(2), or (3) of section 4003(b), the Secretary shall publish
on the website of the Department of the Treasury--
(1) a plain-language description of the transaction,
including the date of application, date of application
approval, and identity of the counterparty;
(2) the amount of the loan or loan guarantee;
(3) the interest rate, conditions, and any other material
or financial terms associated with the transaction, if
applicable; and
(4) a copy of the relevant and final term sheet, if
applicable, and contract or other relevant documentation
regarding the transaction.
(b) Reports.--
(1) To congress.--
(A) In general.--In addition to such reports as are
required under section 5302(c) of title 31, United States
Code, not later than 7 days after the Secretary makes any
loan or loan guarantee under paragraph (1), (2), or (3) of
section 4003(b), the Secretary shall submit to the Chairmen
and Ranking Members of the Committee on Banking, Housing, and
Urban Affairs and the Committee on Finance of the Senate and
the Chairmen and Ranking Members of the Committee on
Financial Services and the Committee
[[Page H1787]]
on Ways and Means of the House of Representatives a report
summarizing--
(i) an overview of actions taken by the Secretary under
paragraph (1), (2) or (3) of section 4003(b) during such
period;
(ii) the actual obligation, expenditure, and disbursements
of the funds during such period; and
(iii) a detailed financial statement with respect to the
exercise of authority under paragraph (1), (2) or (3) of
section 4003(b) showing--
(I) all loans and loan guarantees made, renewed, or
restructured;
(II) all transactions during such period, including the
types of parties involved;
(III) the nature of the assets purchased;
(IV) a description of the vehicles established to exercise
such authority; and
(V) any or all repayment activity, delinquencies or
defaults on loans and loan guarantees issued under paragraph
(1), (2) or (3) of section 4003(b).
(B) Publication.--Not later than 7 days after the date on
which the Secretary submits a report under subparagraph (A)
to the committees of Congress described in such subparagraph,
the Secretary shall publish such report on the website of the
Department of the Treasury.
(C) 30-day reports.--Every 30 days during such time as a
loan or loan guarantee under paragraph (1), (2), or (3) of
section 4003(b) is outstanding, the Secretary shall publish
on the website of the Department of the Treasury a report
summarizing the information set forth in subparagraph (A).
(2) Board of governors.--
(A) In general.--With respect to any program or facility
described in paragraph (4) of section 4003(b), the Board of
Governors of the Federal Reserve System shall provide to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives such reports as are required to be
provided under section 13(3) of the Federal Reserve Act (12
U.S.C. 343(3))--
(i) not later than 7 days after the Board authorizes a new
facility or other financial assistance in accordance with
section 13(3)(C)(i) of the Federal Reserve Act (12 U.S.C.
343(3)(C)(i)); and
(ii) once every 30 days with respect to outstanding loans
or financial assistance in accordance with section
13(3)(C)(ii) of the Federal Reserve Act (12 U.S.C.
343(3)(C)(ii)).
(B) Publication.--Not later than 7 days after the Board of
Governors of the Federal Reserve System submits a report
under subparagraph (A) to the committees of Congress
described in subparagraph (A), the Board shall publish on its
website such report.
(c) Testimony.--The Secretary and the Chairman of the Board
of Governors of the Federal Reserve System shall testify, on
a quarterly basis, before the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives regarding
the obligations of the Department of the Treasury and the
Federal Reserve System, and transactions entered into, under
this Act.
(d) Program Descriptions.--The Secretary shall post on the
website of the Department of the Treasury all criteria,
guidelines, eligibility requirements, and application
materials for the making of any loan or loan guarantee under
paragraph (1), (2), or (3) of section 4003(b).
(e) Administrative Contracts.--Not later than 24 hours
after the Secretary enters into a contract in connection with
the administration of any loan or loan guarantee authorized
to be made under paragraph (1), (2), or (3) of section
4003(b), the Secretary shall post on the website of the
Department of the Treasury a copy of the contract.
(f) Government Accountability Office.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the loans, loan guarantees, and
other investments provided under section 4003.
(2) Report.--Not later than 9 months after the date of
enactment of this Act, and annually thereafter through the
year succeeding the last year for which loans, loan
guarantees, or other investments made under section 4003 are
outstanding, the Comptroller General shall submit to the
Committee on Financial Services, the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on the Budget of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs, the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations, and the
Committee on the Budget of the Senate a report on the loans,
loan guarantees, and other investments made under section
4003.
SEC. 4027. DIRECT APPROPRIATION.
(a) In General.--Notwithstanding any other provision of
law, there is appropriated, out of amounts in the Treasury
not otherwise appropriated, to the fund established under
section 5302(a)(1) of title 31, United States Code,
$500,000,000,000 to carry out this subtitle.
(b) Technical and Conforming Amendment.--Section 5302(a) of
title 31, United States Code, is amended--
(1) by striking ``and'' before ``section 3''; and
(2) by inserting ``and the Coronavirus Economic
Stabilization Act of 2020,'' before ``and for investing''.
(c) Clarification.--
(1) In general.--On or after January 1, 2021, any remaining
funds made available under section 4003(b) may be used only
for--
(A) modifications, restructurings, or other amendments of
loans, loan guarantees, or other investments in accordance
with section 4029(b)(1); and
(B) exercising any options, warrants, or other investments
made prior to January 1, 2021; and
(C) paying costs and administrative expenses as provided in
section 4003(f).
(2) Deficit reduction.--On January 1, 2026, any funds
described in paragraph (1) that are remaining shall be
transferred to the general fund of the Treasury to be used
for deficit reduction.
SEC. 4028. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to allow the
Secretary to provide relief to eligible businesses, States,
and municipalities except in the form of loans, loan
guarantees, and other investments as provided in this
subtitle and under terms and conditions that are in the
interest of the Federal Government.
SEC. 4029. TERMINATION OF AUTHORITY.
(a) In General.--Except as provided in subsection (b), on
December 31, 2020, the authority provided under this subtitle
to make new loans, loan guarantees, or other investments
shall terminate.
(b) Outstanding.--
(1) In general.--Except as provided in paragraph (2), any
loan, loan guarantee, or other investment outstanding on the
date described in subsection (a)--
(A) may be modified, restructured, or otherwise amended;
and
(B) may not be forgiven.
(2) Duration.--The duration of any loan or loan guarantee
made under section 4003(b)(1) that is modified, restructured,
or otherwise amended under paragraph (1) shall not be
extended beyond 5 years from the initial origination date of
the loan or loan guarantee.
Subtitle B--Air Carrier Worker Support
SEC. 4111. DEFINITIONS.
Unless otherwise specified, the terms in section 40102(a)
of title 49, United States Code, shall apply to this
subtitle, except that--
(1) the term ``airline catering employee'' means an
employee who performs airline catering services;
(2) the term ``airline catering services'' means
preparation, assembly, or both, of food, beverages,
provisions and related supplies for delivery, and the
delivery of such items, directly to aircraft or to a location
on or near airport property for subsequent delivery to
aircraft;
(3) the term ``contractor'' means--
(A) a person that performs, under contract with a passenger
air carrier conducting operations under part 121 of title 14,
Code of Federal Regulations--
(i) catering functions; or
(ii) functions on the property of an airport that are
directly related to the air transportation of persons,
property, or mail, including but not limited to the loading
and unloading of property on aircraft; assistance to
passengers under part 382 of title 14, Code of Federal
Regulations; security; airport ticketing and check-in
functions; ground-handling of aircraft; or aircraft cleaning
and sanitization functions and waste removal; or
(B) a subcontractor that performs such functions;
(4) the term ``employee'' means an individual, other than a
corporate officer, who is employed by an air carrier or a
contractor; and
(5) the term ``Secretary'' means the Secretary of the
Treasury.
SEC. 4112. PANDEMIC RELIEF FOR AVIATION WORKERS.
(a) Financial Assistance for Employee Wages, Salaries, and
Benefits.--Notwithstanding any other provision of law, to
preserve aviation jobs and compensate air carrier industry
workers, the Secretary shall provide financial assistance
that shall exclusively be used for the continuation of
payment of employee wages, salaries, and benefits to--
(1) passenger air carriers, in an aggregate amount up to
$25,000,000,000;
(2) cargo air carriers, in the aggregate amount up to
$4,000,000,000; and
(3) contractors, in an aggregate amount up to
$3,000,000,000.
(b) Administrative Expenses.--Notwithstanding any other
provision of law, the Secretary, may use $100,000,000 of the
funds made available under section 4120(a) for costs and
administrative expenses associated with providing financial
assistance under this subtitle.
SEC. 4113. PROCEDURES FOR PROVIDING PAYROLL SUPPORT.
(a) Awardable Amounts.--The Secretary shall provide
financial assistance under this subtitle--
(1) to an air carrier in an amount equal to the salaries
and benefits reported by the air carrier to the Department of
Transportation pursuant to part 241 of title 14, Code of
Federal Regulations, for the period from April 1, 2019,
through September 30, 2019; and
(2) to an air carrier that does not transmit reports under
such part 241, in an amount that such air carrier certifies,
using sworn financial statements or other appropriate data,
as the amount of wages, salaries, benefits, and other
compensation that such air carrier paid the employees of such
air carrier during the period from April 1, 2019, through
September 30, 2019; and
(3) to a contractor, in an amount that the contractor
certifies, using sworn financial statements or other
appropriate data, as the amount of wages, salaries, benefits,
and other compensation that such contractor paid the
employees of such contractor during the period from April 1,
2019, through September 30, 2019.
(b) Deadlines and Procedures.--
(1) In general.--
(A) Forms; terms and conditions.--Financial assistance
provided to an air carrier or contractor under this subtitle
shall be in such form, on such terms and conditions
(including requirements for audits and the clawback of any
financial assistance provided upon failure by a passenger air
carrier, cargo air carrier, or contractor to honor the
assurances specified in section 4114), as the Secretary
determines appropriate.
[[Page H1788]]
(B) Procedures.--The Secretary shall publish streamlined
and expedited procedures not later than 5 days after the date
of enactment of this Act for air carriers and contractors to
submit requests for financial assistance under this subtitle.
(2) Deadline for immediate payroll assistance.--Not later
than 10 days after the date of enactment of this Act, the
Secretary shall make initial payments to air carriers and
contractors that submit requests for financial assistance
approved by to the Secretary.
(3) Subsequent payments.--The Secretary shall determine an
appropriate method for timely distribution of payments to air
carriers and contractors with approved requests for financial
assistance from any funds remaining available after providing
initial financial assistance payments under paragraph (2).
(c) Pro Rata Authority.--The Secretary shall have the
authority to reduce, on a pro rata basis, the amounts due to
air carriers and contractors under the applicable paragraph
of section 4112 in order to address any shortfall in
assistance that would otherwise be provided under such
section.
(d) Audits.--The Inspector General of the Department of the
Treasury shall audit certifications made under subsection
(a).
SEC. 4114. REQUIRED ASSURANCES.
(a) In General.--To be eligible for financial assistance
under this subtitle, an air carrier or contractor shall enter
into an agreement with the Secretary, or otherwise certify in
such form and manner as the Secretary shall prescribe, that
the air carrier or contractor shall--
(1) refrain from conducting involuntary furloughs or
reducing pay rates and benefits until September 30, 2020;
(2) through September 30, 2021, ensure that neither the air
carrier or contractor nor any affiliate of the air carrier or
contractor may, in any transaction, purchase an equity
security of the air carrier or contractor or the parent
company of the air carrier or contractor that is listed on a
national securities exchange;
(3) through September 30, 2021, ensure that the air carrier
or contractor shall not pay dividends, or make other capital
distributions, with respect to the common stock (or
equivalent interest) of the air carrier or contractor; and
(4) meet the requirements of sections 4115 and 4116.
(b) Department of Transportation Authority to Condition
Assistance on Continuation of Service.--
(1) In general.--The Secretary of Transportation is
authorized to require, to the extent reasonable and
practicable, an air carrier provided financial assistance
under this subtitle to maintain scheduled air transportation
service, as the Secretary of Transportation deems necessary,
to ensure services to any point served by that carrier before
March 1, 2020.
(2) Required considerations.--When considering whether to
exercise the authority provided by this section, the
Secretary of Transportation shall take into consideration the
air transportation needs of small and remote communities and
the need to maintain well-functioning health care supply
chains, including medical devices and supplies, and
pharmaceutical supply chains.
(3) Sunset.--The authority provided under this subsection
shall terminate on March 1, 2022, and any requirements issued
by the Secretary of Transportation under this subsection
shall cease to apply after that date.
SEC. 4115. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT.
(a) In General.--Neither the Secretary, nor any other
actor, department, or agency of the Federal Government, shall
condition the issuance of financial assistance under this
subtitle on an air carrier's or contractor's implementation
of measures to enter into negotiations with the certified
bargaining representative of a craft or class of employees of
the air carrier or contractor under the Railway Labor Act (45
U.S.C. 151 et seq.) or the National Labor Relations Act (29
U.S.C. 151 et seq.), regarding pay or other terms and
conditions of employment.
(b) Period of Effect.--With respect to an air carrier or
contractor to which financial assistance is provided under
this subtitle, this section shall be in effect with respect
to the air carrier or contractor beginning on the date on
which the air carrier or contractor is first issued such
financial assistance and ending on September 30, 2020.
SEC. 4116. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
(a) In General.--The Secretary may only provide financial
assistance under this subtitle to an air carrier or
contractor after such carrier or contractor enters into an
agreement with the Secretary which provides that, during the
2-year period beginning March 24, 2020, and ending March 24,
2022, no officer or employee of the air carrier or contractor
whose total compensation exceeded $425,000 in calendar year
2019 (other than an employee whose compensation is determined
through an existing collective bargaining agreement entered
into prior to enactment of this Act)--
(1) will receive from the air carrier or contractor total
compensation which exceeds, during any 12 consecutive months
of such 2-year period, the total compensation received by the
officer or employee from the air carrier or contractor in
calendar year 2019;
(2) will receive from the air carrier or contractor
severance pay or other benefits upon termination of
employment with the air carrier or contractor which exceeds
twice the maximum total compensation received by the officer
or employee from the air carrier or contractor in calendar
year 2019; and
(3) no officer or employee of the eligible business whose
total compensation exceeded $3,000,000 in calendar year 2019
may receive during any 12 consecutive months of such period
total compensation in excess of the sum of--
(A) $3,000,000; and
(B) 50 percent of the excess over $3,000,000 of the total
compensation received by the officer or employee from the
eligible business in calendar year 2019.
(b) Total Compensation Defined.--In this section, the term
``total compensation'' includes salary, bonuses, awards of
stock, and other financial benefits provided by an air
carrier or contractor to an officer or employee of the air
carrier or contractor.
SEC. 4117. TAX PAYER PROTECTION.
The Secretary may receive warrants, options, preferred
stock, debt securities, notes, or other financial instruments
issued by recipients of financial assistance under this
subtitle which, in the sole determination of the Secretary,
provide appropriate compensation to the Federal Government
for the provision of the financial assistance.
SEC. 4118. REPORTS.
(a) Report.--Not later than November 1, 2020, the Secretary
shall submit to the Committee on Transportation and
Infrastructure and the Committee on Financial Services of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on the
financial assistance provided to air carriers and contractors
under this subtitle, including a description of any financial
assistance provided.
(b) Update.--Not later than the last day of the 1-year
period following the date of enactment of this Act, the
Secretary shall update and submit to the Committee on
Transportation and the Committee on Financial Services and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Banking, Housing, and Urban Affairs of the
Senate the report described in subsection (a).
SEC. 4119. COORDINATION.
In implementing this subtitle the Secretary shall
coordinate with the Secretary of Transportation.
SEC. 4120. DIRECT APPROPRIATION.
Notwithstanding any other provision of law, there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, $32,000,000,000 to carry out this subtitle.
TITLE V--CORONAVIRUS RELIEF FUNDS
SEC. 5001. CORONAVIRUS RELIEF FUND.
(a) In General.--The Social Security Act (42 U.S.C. 301 et
seq.) is amended by inserting after title V the following:
``TITLE VI--CORONAVIRUS RELIEF FUND
``SEC. 601. CORONAVIRUS RELIEF FUND.
``(a) Appropriation.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated for making payments to States, Tribal
governments, and units of local government under this
section, $150,000,000,000 for fiscal year 2020.
``(2) Reservation of funds.--Of the amount appropriated
under paragraph (1), the Secretary shall reserve--
``(A) $3,000,000,000 of such amount for making payments to
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, and American Samoa; and
``(B) $8,000,000,000 of such amount for making payments to
Tribal governments.
``(b) Authority to Make Payments.--
``(1) In general.--Subject to paragraph (2), not later than
30 days after the date of enactment of this section, the
Secretary shall pay each State and Tribal government, and
each unit of local government that meets the condition
described in paragraph (2), the amount determined for the
State, Tribal government, or unit of local government, for
fiscal year 2020 under subsection (c).
``(2) Direct payments to units of local government.--If a
unit of local government of a State submits the certification
required by subsection (e) for purposes of receiving a direct
payment from the Secretary under the authority of this
paragraph, the Secretary shall reduce the amount determined
for that State by the relative unit of local government
population proportion amount described in subsection (c)(5)
and pay such amount directly to such unit of local
government.
``(c) Payment Amounts.--
``(1) In general.--Subject to paragraph (2), the amount
paid under this section for fiscal year 2020 to a State that
is 1 of the 50 States shall be the amount equal to the
relative population proportion amount determined for the
State under paragraph (3) for such fiscal year.
``(2) Minimum payment.--
``(A) In general.--No State that is 1 of the 50 States
shall receive a payment under this section for fiscal year
2020 that is less than $1,250,000,000.
``(B) Pro rata adjustments.--The Secretary shall adjust on
a pro rata basis the amount of the payments for each of the
50 States determined under this subsection without regard to
this subparagraph to the extent necessary to comply with the
requirements of subparagraph (A).
``(3) Relative population proportion amount.--For purposes
of paragraph (1), the relative population proportion amount
determined under this paragraph for a State for fiscal year
2020 is the product of--
``(A) the amount appropriated under paragraph (1) of
subsection (a) for fiscal year 2020 that remains after the
application of paragraph (2) of that subsection; and
``(B) the relative State population proportion (as defined
in paragraph (4)).
``(4) Relative state population proportion defined.--For
purposes of paragraph (3)(B), the
[[Page H1789]]
term `relative State population proportion' means, with
respect to a State, the quotient of--
``(A) the population of the State; and
``(B) the total population of all States (excluding the
District of Columbia and territories specified in subsection
(a)(2)(A)).
``(5) Relative unit of local government population
proportion amount.--For purposes of subsection (b)(2), the
term `relative unit of local government population proportion
amount' means, with respect to a unit of local government and
a State, the amount equal to the product of--
``(A) 45 percent of the amount of the payment determined
for the State under this subsection (without regard to this
paragraph); and
``(B) the amount equal to the quotient of--
``(i) the population of the unit of local government; and
``(ii) the total population of the State in which the unit
of local government is located.
``(6) District of columbia and territories.--The amount
paid under this section for fiscal year 2020 to a State that
is the District of Columbia or a territory specified in
subsection (a)(2)(A) shall be the amount equal to the product
of--
``(A) the amount set aside under subsection (a)(2)(A) for
such fiscal year; and
``(B) each such District's and territory's share of the
combined total population of the District of Columbia and all
such territories, as determined by the Secretary.
``(7) Tribal governments.--From the amount set aside under
subsection (a)(2)(B) for fiscal year 2020, the amount paid
under this section for fiscal year 2020 to a Tribal
government shall be the amount the Secretary shall determine,
in consultation with the Secretary of the Interior and Indian
Tribes, that is based on increased expenditures of each such
Tribal government (or a tribally-owned entity of such Tribal
government) relative to aggregate expenditures in fiscal year
2019 by the Tribal government (or tribally-owned entity) and
determined in such manner as the Secretary determines
appropriate to ensure that all amounts available under
subsection (a)(2)(B) for fiscal year 2020 are distributed to
Tribal governments.
``(8) Data.--For purposes of this subsection, the
population of States and units of local governments shall be
determined based on the most recent year for which data are
available from the Bureau of the Census.
``(d) Use of Funds.--A State, Tribal government, and unit
of local government shall use the funds provided under a
payment made under this section to cover only those costs of
the State, Tribal government, or unit of local government
that--
``(1) are necessary expenditures incurred due to the public
health emergency with respect to the Coronavirus Disease 2019
(COVID-19);
``(2) were not accounted for in the budget most recently
approved as of the date of enactment of this section for the
State or government; and
``(3) were incurred during the period that begins on March
1, 2020, and ends on December 30, 2020.
``(e) Certification.--In order to receive a payment under
this section, a unit of local government shall provide the
Secretary with a certification signed by the Chief Executive
for the unit of local government that the local government's
proposed uses of the funds are consistent with subsection
(d).
``(f) Inspector General Oversight; Recoupment.--
``(1) Oversight authority.--The Inspector General of the
Department of the Treasury shall conduct monitoring and
oversight of the receipt, disbursement, and use of funds made
available under this section.
``(2) Recoupment.--If the Inspector General of the
Department of the Treasury determines that a State, Tribal
government, or unit of local government has failed to comply
with subsection (d), the amount equal to the amount of funds
used in violation of such subsection shall be booked as a
debt of such entity owed to the Federal Government. Amounts
recovered under this subsection shall be deposited into the
general fund of the Treasury.
``(3) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated to the Office of the Inspector General of the
Department of the Treasury, $35,000,000 to carry out
oversight and recoupment activities under this subsection.
Amounts appropriated under the preceding sentence shall
remain available until expended.
``(4) Authority of inspector general.--Nothing in this
subsection shall be construed to diminish the authority of
any Inspector General, including such authority as provided
in the Inspector General Act of 1978 (5 U.S.C. App.).
``(g) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Local government.--The term `unit of local
government' means a county, municipality, town, township,
village, parish, borough, or other unit of general government
below the State level with a population that exceeds 500,000.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(4) State.--The term `State' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and American Samoa.
``(5) Tribal government.--The term `Tribal government'
means the recognized governing body of an Indian Tribe.''.
(b) Application of Provisions.--Amounts appropriated for
fiscal year 2020 under section 601(a)(1) of the Social
Security Act (as added by subsection (a)) shall be subject to
the requirements contained in Public Law 116-94 for funds for
programs authorized under sections 330 through 340 of the
Public Health Service Act (42 U.S.C. 254 through 256).
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 6001. COVID-19 BORROWING AUTHORITY FOR THE UNITED STATES
POSTAL SERVICE.
(a) Definitions.--In this section--
(1) the term ``COVID-19 emergency'' means the emergency
involving Federal primary responsibility determined to exist
by the President under section 501(b) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191(b)) with respect to the Coronavirus Disease 2019
(COVID-19); and
(2) the term ``Postal Service'' means the United States
Postal Service.
(b) Additional Borrowing Authority.--Notwithstanding
section 2005 of title 39, United States Code, or any other
provision of law, if the Postal Service determines that, due
to the COVID-19 emergency, the Postal Service will not be
able to fund operating expenses without borrowing money--
(1) the Postal Service may borrow money from the Treasury
in an amount not to exceed $10,000,000,000--
(A) to be used for such operating expenses; and
(B) which may not be used to pay any outstanding debt of
the Postal Service; and
(2) the Secretary of the Treasury may lend up to the amount
described in paragraph (1) at the request of the Postal
Service, upon terms and conditions mutually agreed upon by
the Secretary and the Postal Service.
(c) Prioritization of Delivery for Medical Purposes During
COVID-19 Emergency.--Notwithstanding any other provision of
law, during the COVID-19 emergency, the Postal Service--
(1) shall prioritize delivery of postal products for
medical purposes; and
(2) may establish temporary delivery points, in such form
and manner as the Postal Service determines necessary, to
protect employees of the Postal Service and individuals
receiving deliveries from the Postal Service.
SEC. 6002. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided under this division
are designated as an emergency requirement pursuant to
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this division is
designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
DIVISION B--EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE
AND AGENCY OPERATIONS
The following sums are hereby are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2020, and for other
purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Office of the Secretary
For an additional amount for the ``Office of the
Secretary'', $9,500,000,000, to remain available until
expended, to prevent, prepare for, and respond to coronavirus
by providing support for agricultural producers impacted by
coronavirus, including producers of specialty crops,
producers that supply local food systems, including farmers
markets, restaurants, and schools, and livestock producers,
including dairy producers: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Inspector General
For an additional amount for ``Office of Inspector
General'', $750,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That the funding
made available under this heading in this Act shall be used
for conducting audits and investigations of projects and
activities carried out with funds made available in this Act
to the Department of Agriculture to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$55,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including for necessary
expenses for salary costs associated with the Agriculture
Quarantine and Inspection Program: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Agricultural Marketing Service
marketing services
For an additional amount for ``Marketing Services'',
$45,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including necessary expenses
for salary costs associated with commodity grading,
inspection, and audit activities: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to
[[Page H1790]]
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Food Safety and Inspection Service
For an additional amount for ``Food Safety and Inspection
Service'', $33,000,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including for
support of temporary and intermittent workers, relocation of
inspectors, and, notwithstanding 21 U.S.C. 468, 695 and 1053
and 7 U.S.C. 2219a, costs of overtime inspectors under the
Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
FARM PRODUCTION AND CONSERVATION PROGRAMS
Farm Service Agency
For an additional amount for ``Salaries and Expenses'',
$3,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including necessary expenses
to hire temporary staff and overtime expenses: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
RURAL DEVELOPMENT PROGRAMS
Rural Business--Cooperative Service
rural business program account
For an additional amount for ``Rural Business Program
Account'', $20,500,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus, for the cost of loans for rural business
development programs authorized by section 310B and described
in subsection (g) of section 310B of the Consolidated Farm
and Rural Development Act: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Rural Utilities Service
distance learning, telemedicine, and broadband program
For an additional amount for ``Distance Learning,
Telemedicine, and Broadband Program'', $25,000,000, to remain
available until expended, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, for
telemedicine and distance learning services in rural areas,
as authorized by 7 U.S.C. 950aaa et seq.: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
DOMESTIC FOOD PROGRAMS
Food and Nutrition Service
child nutrition programs
For an additional amount for ``Child Nutrition Programs'',
$8,800,000,000 to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
supplemental nutrition assistance program
For an additional amount for ``Supplemental Nutrition
Assistance Program'', $15,810,000,000, to remain available
until September 30, 2021, to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided, That of the amount provided under this heading in
this Act, $15,510,000,000 shall be placed in a contingency
reserve to be allocated as the Secretary deems necessary to
support participation should cost or participation exceed
budget estimates to prevent, prepare for, and respond to
coronavirus: Provided further, That of the amount provided
under this heading in this Act, $100,000,000 shall be for the
food distribution program on Indian reservations program as
authorized by Section 4(b) of the Food and Nutrition Act of
2008 (7 U.S.C. 2013) and Section 4(a) of the Agriculture and
Consumer Protection Act of 1973 (7 U.S.C. 1431) to prevent,
prepare for, and respond to coronavirus, of which $50,000,000
shall be for facility improvements and equipment upgrades and
of which $50,000,000 shall be for the costs relating to
additional food purchases: Provided further, That of the
amount provided under this heading in this Act, $200,000,000
to remain available through September 30, 2021, shall be
available for the Secretary of Agriculture to provide grants
to the Commonwealth of the Northern Mariana Islands, Puerto
Rico, and American Samoa for nutrition assistance to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
commodity assistance program
For an additional amount for ``Commodity Assistance
Program'', $450,000,000, to remain available through
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, for the
emergency food assistance program as authorized by section
27(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036(a)) and section 204(a)(1) of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7508(a)(1)): Provided, That
of the funds made available, the Secretary may use up to
$150,000,000 for costs associated with the distribution of
commodities: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including necessary expenses
to relocate employees and their dependents back from overseas
posts: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$80,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including funds for the development of
necessary medical countermeasures and vaccines, advanced
manufacturing for medical products, the monitoring of medical
product supply chains, and related administrative activities:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 11001. Of the funds made available to the Rural
Development mission area in this title, and in addition to
funds otherwise made available for such purpose, not more
than 3 percent may be used for administrative costs to carry
out loan, loan guarantee and grant activities funded in this
title to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such funds
shall be transferred to, and merged with, the appropriation
for ``Rural Development, Salaries and Expenses'' and, once
transferred, shall be used only to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided further, that this transfer authority is in addition
to any other transfer authority provided by law.
commodity credit corporation
reimbursement of present net realized losses
Sec. 11002. Of the amounts provided in the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94)
under the heading ``Commodity Credit Corporation Fund--
Reimbursement for Net Realized Losses'', $14,000,000,000, may
be used, prior to the completion of the report described in
15 U.S.C. 713a-11, to reimburse the Commodity Credit
Corporation for net realized losses sustained, but not
previously reimbursed, as reflected in the June 2020 report
of its financial condition: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 11003. The Secretary may extend the term of a
marketing assistance loan authorized by section 1201 of the
Agricultural Act of 2014 (7 U.S.C. 9033) for any loan
commodity to 12 months: Provided, That the authority made
available pursuant to this section shall expire on September
30, 2020: Provided further, That the amount provided by this
section is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 11004. For an additional amount for grants under the
pilot program established under section 779 of Public Law
115-141, to prevent, prepare for, and respond to coronavirus,
$100,000,000, to remain available until September 30, 2021:
Provided, That at least 90 percent of the households to be
served by a project receiving a grant shall be in a rural
area without sufficient access to broadband: Provided
further, That for purposes of such pilot program, a rural
area without sufficient access to broadband shall be defined
as 10 Mbps downstream and 1 Mbps upstream, and such
definition shall be reevaluated and redefined, as necessary,
on an annual basis by the Secretary of Agriculture: Provided
further, That an entity to which a grant is made under the
pilot program shall not use a grant to overbuild or duplicate
broadband expansion efforts made by any entity that has
received a broadband loan from the Rural Utilities Service:
Provided further, That priority consideration for grants
shall be given to previous applicants now eligible as a
result of adjusted eligibility requirements: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount
for ``Economic Development Assistance Programs'',
$1,500,000,000, to
[[Page H1791]]
remain available until September 30, 2022, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including for necessary expenses for
responding to economic injury as a result of coronavirus:
Provided, That such amount shall be for economic adjustment
assistance as authorized by section 209 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3149):
Provided further, That within the amount appropriated under
this heading in this Act, up to 2 percent of funds may be
transferred to the ``Salaries and Expenses'' account for
administration and oversight activities related to
preventing, preparing for, and responding to coronavirus:
Provided further, That the Secretary of Commerce is
authorized to appoint and fix the compensation of such
temporary personnel as may be necessary to implement the
requirements under this heading in this Act to prevent,
prepare for, and respond to coronavirus, without regard to
the provisions of title 5, United States Code, governing
appointments in competitive service: Provided further, That
the Secretary of Commerce is authorized to appoint such
temporary personnel, after serving continuously for 2 years,
to positions in the Economic Development Administration in
the same manner that competitive service employees with
competitive status are considered for transfer, reassignment,
or promotion to such positions and an individual appointed
under this provision shall become a career-conditional
employee, unless the employee has already completed the
service requirements for career tenure: Provided further,
That within the amount appropriated under this heading in
this Act, $3,000,000 shall be transferred to the ``Office of
Inspector General'' account for carrying out investigations
and audits related to the funding provided to prevent,
prepare for, and respond to coronavirus under this heading in
this Act: Provided further, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for ``Scientific and Technical
Research and Services'', $6,000,000, to remain available
until September, 30, 2021, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, by
supporting continuity of operations, including measurement
science to support viral testing and biomanufacturing:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
industrial technology services
For an additional amount for ``Industrial Technology
Services'', $60,000,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
of the amount provided under this heading in this Act,
$50,000,000 shall be for the Hollings Manufacturing Extension
Partnership to assist manufacturers to prevent, prepare for,
and respond to coronavirus and $10,000,000 shall be for the
National Network for Manufacturing Innovation (also known as
``Manufacturing USA'') to prevent, prepare for, and respond
to coronavirus, including to support development and
manufacturing of medical countermeasures and biomedical
equipment and supplies: Provided further, That none of the
funds provided under this heading in this Act shall be
subject to cost share requirements under 15 U.S.C. 278k(e)(2)
or 15 U.S.C. 278s(e)(7)(A): Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $20,000,000, to remain available until
September, 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, by supporting
continuity of operations, including National Weather Service
life and property related operations: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
DEPARTMENT OF JUSTICE
General Administration
justice information sharing technology
For an additional amount for ``Justice Information Sharing
Technology'', $2,000,000, to remain available until expended,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the impact of
coronavirus on the work of the Department of Justice:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of Inspector General
For an additional amount for ``Office of Inspector
General'', $2,000,000, to remain available until expended to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the impact of
coronavirus on the work of the Department of Justice and to
carry out investigations and audits related to the funding
made available for the Department of Justice in this Act:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Legal Activities
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $3,000,000, to prevent, prepare
for, and respond to coronavirus, domestically or
internationally, including the impact of coronavirus on the
work of the Department of Justice: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
United States Marshals Service
salaries and expenses
For an additional amount for ``United States Marshals
Service, Salaries and Expenses'', $15,000,000, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including the impact of coronavirus on the
work of the Department of Justice: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Federal Bureau of
Investigation, Salaries and Expenses'', $20,000,000, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the impact of
coronavirus on the work of the Department of Justice:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Drug Enforcement
Administration, Salaries and Expenses'', $15,000,000, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the impact of
coronavirus on the work of the Department of Justice:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Federal Prison System
salaries and expenses
For an additional amount for ``Federal Prison System,
Salaries and Expenses'', $100,000,000, to prevent, prepare
for, and respond to coronavirus, domestically or
internationally, including the impact of coronavirus on the
work of the Department of Justice: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
State and Local Law Enforcement Activities
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law
Enforcement Assistance'', $850,000,000, to remain available
until expended, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, to be awarded
pursuant to the formula allocation (adjusted in proportion to
the relative amounts statutorily designated therefor) that
was used in fiscal year 2019 for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by subpart 1
of part E of title I of the Omnibus Crime Control and Safe
Streets Acts of 1968 (``1968 Act''): Provided, That the
allocation provisions under sections 505(a) through (e) and
the special rules for Puerto Rico under section 505(g), and
section 1001(c), of the 1968 Act, shall not apply to the
amount provided under this heading in this Act: Provided
further, That awards hereunder, shall not be subject to
restrictions or special conditions that are the same as (or
substantially similar to) those, imposed on awards under such
subpart in fiscal year 2018, that forbid interference with
Federal law enforcement: Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SCIENCE
National Aeronautics and Space Administration
safety, security and mission services
For an additional amount for ``Safety, Security and Mission
Services'', $60,000,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related
Activities'', $75,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including to
fund research grants and other necessary expenses: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
agency operations and award management
For an additional amount for ``Agency Operations and Award
Management'', $1,000,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally,
including to administer research grants and other
[[Page H1792]]
necessary expenses: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal
Services Corporation'', $50,000,000, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That none of the funds appropriated under this
heading in this Act to the Legal Services Corporation shall
be expended for any purpose prohibited or limited by, or
contrary to any of the provisions of, sections 501, 502, 503,
504, 505, and 506 of Public Law 105-119, and all funds
appropriated in this Act to the Legal Services Corporation
shall be subject to the same terms and conditions set forth
in such sections, except that all references in sections 502
and 503 to 1997 and 1998 shall be deemed to refer instead to
2019 and 2020, respectively, and except that sections 501 and
503 of Public Law 104-134 (referenced by Public Law 105-119)
shall not apply to the amount made available under this
heading: Provided further, That for the purposes of this
Act, the Legal Services Corporation shall be considered an
agency of the United States Government: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 12001. Amounts provided by the Consolidated
Appropriations Act, 2020, (Public Law 116-93) for the
Hollings Manufacturing Extension Partnership under the
heading ``National Institute of Standards and Technology--
Industrial Technology Services'' shall not be subject to cost
share requirements under 15 U.S.C. 278k(e)(2): Provided,
That the authority made available pursuant to this section
shall be elective for any Manufacturing Extension Partnership
Center that also receives funding from a State that is
conditioned upon the application of a Federal cost sharing
requirement.
Sec. 12002. (a) Funds appropriated in this title for the
National Science Foundation may be made available to restore
amounts, either directly or through reimbursement, for
obligations incurred by the National Science Foundation for
research grants and other necessary expenses to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, prior to the date of enactment of this Act.
(b) Grants or cooperative agreements made by the National
Science Foundation under this title, to carry out research
grants and other necessary expenses to prevent, prepare for,
and respond to coronavirus, domestically or internationally,
shall include amounts to reimburse costs for these purposes
incurred between January 20, 2020, and the date of issuance
of such grants or agreements.
bureau of prisons
Sec. 12003. (a) Definitions.--In this section--
(1) the term ``Bureau'' means the Bureau of Prisons;
(2) the term ``covered emergency period'' means the period
beginning on the date on which the President declared a
national emergency under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the Coronavirus Disease
2019 (COVID-19) and ending on the date that is 30 days after
the date on which the national emergency declaration
terminates; and
(3) the term ``Secretary'' means the Secretary of Health
and Human Services.
(b) Supply of Personal Protective Equipment and Test Kits
to Bureau of Prisons; Home Confinement Authority.--
(1) Personal protective equipment and test kits.--
(A) Findings.--Congress finds the following:
(i) There is an urgent need for personal protective
equipment and test kits to the Bureau based on the density of
the inmate population, the high traffic, the high volume of
inmates, the high rate of turnover of inmates and personnel,
and the number of high-security areas, within the facilities
of the Bureau.
(ii) The inability of the Bureau to secure the purchase of
infectious disease personal protective equipment and related
supplies now and in the future is a vulnerability.
(iii) The Bureau is currently competing in and engaging the
same landscape of vendors as all other Federal agencies and
private entities.
(iv) The ability of the Bureau to purchase needed equipment
and supplies is currently subject to an individual
manufacturer's specific recognition of the Bureau as a
priority and subsequent allocation of the inventory of the
manufacturer to the Bureau.
(B) Consideration.--The Secretary shall appropriately
consider, relative to other priorities of the Department of
Health and Human Services for high-risk and high-need
populations, the distribution of infectious disease personal
protective equipment and COVID-19 test kits to the Bureau for
use by inmates and personnel of the Bureau.
(2) Home confinement authority.--During the covered
emergency period, if the Attorney General finds that
emergency conditions will materially affect the functioning
of the Bureau, the Director of the Bureau may lengthen the
maximum amount of time for which the Director is authorized
to place a prisoner in home confinement under the first
sentence of section 3624(c)(2) of title 18, United States
Code, as the Director determines appropriate.
(c) Video Visitation.--
(1) In general.--During the covered emergency period, if
the Attorney General finds that emergency conditions will
materially affect the functioning of the Bureau, the Director
of the Bureau shall promulgate rules regarding the ability of
inmates to conduct visitation through video teleconferencing
and telephonically, free of charge to inmates, during the
covered emergency period.
(2) Exemption from notice-and-comment rulemaking
requirements.--Section 553 of title 5, United States Code,
shall not apply to the promulgation of rules under paragraph
(1) of this subsection.
(d) Emergency Requirement.--The amount provided by this
section is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
temporary authority of director of the uspto during the covid-19
emergency.
Sec. 12004. (a) In General.--During the emergency period
described in subsection (e), the Director may toll, waive,
adjust, or modify, any timing deadline established by title
35, United States Code, the Trademark Act, section 18 of the
Leahy-Smith America Invents Act (35 U.S.C. 321 note), or
regulations promulgated thereunder, in effect during such
period, if the Director determines that the emergency related
to such period--
(1) materially affects the functioning of the Patent and
Trademark Office;
(2) prejudices the rights of applicants, registrants,
patent owners, or others appearing before the Office; or
(3) prevents applicants, registrants, patent owners, or
others appearing before the Office from filing a document or
fee with the Office.
(b) Public Notice.--If the Director determines that
tolling, waiving, adjusting, or modifying a timing deadline
under subsection (a) is appropriate, the Director shall
publish publicly a notice to such effect.
(c) Statement Required.--Not later than 20 days after the
Director tolls, waives, adjusts, or modifies a timing
deadline under subsection (a) and such toll, waiver,
adjustment, or modification is in effect for a consecutive or
cumulative period exceeding 120 days, the Director shall
submit to Congress a statement describing the action taken,
relevant background, and rationale for the period of tolling,
waiver, adjustment, or modification.
(d) Other Laws.--Notwithstanding section 301 of the
National Emergencies Act (50 U.S.C. 1631), the authority of
the Director under subsection (a) is not contingent on a
specification made by the President under such section or any
other requirement under that Act (other than the emergency
declaration under section 201(a) of such Act (50 U.S.C.
1621(a))). The authority described in this section supersedes
the authority of title II of the National Emergencies Act (50
U.S.C. 1621 et seq.).
(e) Emergency Period.--The emergency period described in
this subsection includes the duration of the portion of the
emergency declared by the President pursuant to the National
Emergencies Act on March 13, 2020, as a result of the COVID-
19 outbreak (and any renewal thereof) beginning on or after
the date of the enactment of this section and the 60 day
period following such duration.
(f) Rule of Construction.--Nothing in this section may be
construed as limiting other statutory authorities the
Director may have to grant relief regarding filings or
deadlines.
(g) Sunset.--Notwithstanding subsection (a), the
authorities provided under this section shall expire upon the
expiration of the 2-year period after the date of the
enactment of this section.
(h) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director
of the United States Patent and Trademark Office.
(2) Trademark act.--The term ``Trademark Act'' means the
Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et
seq.).
(i) Emergency Requirement.--The amount provided by this
section is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
assistance to fishery participants
Sec. 12005. (a) In General.--The Secretary of Commerce is
authorized to provide assistance to Tribal, subsistence,
commercial, and charter fishery participants affected by the
novel coronavirus (COVID-19), which may include direct relief
payments.
(b) Fishery Participants.--For the purposes of this
section, ``fishery participants'' include Tribes, persons,
fishing communities, aquaculture businesses not otherwise
eligible for assistance under part 1416 of title 7 of the
Code of Federal Regulations for losses related to COVID-19,
processors, or other fishery-related businesses, who have
incurred, as a direct or indirect result of the coronavirus
pandemic--
(1) economic revenue losses greater than 35 percent as
compared to the prior 5-year average revenue; or
(2) any negative impacts to subsistence, cultural, or
ceremonial fisheries.
(c) Rolling Basis.--Funds may be awarded under this section
on a rolling basis, and within a fishing season, to ensure
rapid delivery of funds during the COVID-19 pandemic.
(d) Appropriations.--In addition to funds that are
otherwise made available to assist fishery participants under
this Act, there are authorized to be appropriated, and there
are appropriated, $300,000,000, to remain available until
September 30, 2021, to carry out this section, of which up to
2 percent may be used for administration and oversight
activities.
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(e) Emergency Requirement.--The amount provided by this
section is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE III
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $746,591,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $482,125,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $160,300,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $360,308,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $90,000,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $155,000,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $48,000,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $186,696,000, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $75,754,000, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $827,800,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
Defense Production Act Purchases
For an additional amount for ``Defense Production Act
Purchases'', $1,000,000,000, to remain available until
expended, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
for the two-year period beginning with the date of enactment
of this Act, the requirements described in Section
301(a)(3)(A) and 302(c)(1) of Public Law 81-774, shall be
waived: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $1,450,000,000, to prevent, position, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That of the amount provided under this heading in
this Act, $475,000,000 shall be for the Navy Working Capital
Fund, $475,000,000 shall be for the Air Force Working Capital
Fund, and $500,000,000 shall be for the Defense-Wide Working
Capital Fund: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$3,805,600,000, of which $3,390,600,000 shall be for
operation and maintenance, and $415,000,000 shall be for
research, development, test and evaluation, to remain
available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That, notwithstanding that one percent of funding
for operation and maintenance under this heading in Public
Law 116-93 shall remain available for obligation until
September 30, 2021, funding for operation and maintenance
made available under this heading in this Act shall only be
available through September 30, 2020: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Office of the Inspector General
For an additional amount for ``Office of the Inspector
General'', $20,000,000, to prevent, prepare for, and respond
to coronavirus, domestically or internationally: Provided,
That the funding made available under this heading in this
Act shall be used for conducting audits and investigations of
projects and activities carried out with funds made available
in this Act to the Department of Defense to prevent, prepare
for, and respond to coronavirus, domestically or
internationally: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 13001. Funds appropriated by this title may be
transferred to, and merged with, other applicable
appropriations of the Department of Defense, except for
``Drug Interdiction and Counter-Drug Activities, Defense'',
for expenses incurred in preventing, preparing for, or
responding to coronavirus, including expenses of the
Department of Defense incurred in support of other Federal
Departments and agencies, and State, local, and Indian tribal
governments, to be merged with and to be available for the
same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That
upon a determination that all or part of the funds
transferred pursuant to this section that are not necessary
for the purposes provided herein, such funds shall be
transferred back to the original appropriation: Provided
further, That the transfer authority provided by this section
is in addition to any other transfer authority provided by
law.
Sec. 13002. For an additional amount for ``Defense Health
Program'', $1,095,500,000, which shall be for operation and
maintenance, and of which $1,095,500,000 may be available for
contracts entered into under the TRICARE program: Provided,
That, notwithstanding that one percent of funding for
operation and maintenance under this heading in Public Law
116-93 shall remain available for obligation until September
30, 2021, funding for operation and maintenance made
available under this heading in this section shall only be
available through September 30, 2020: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 13003. (a) Notwithstanding section 2208(l)(3) of title
10, United States Code, during fiscal year 2020, the total
amount of the advance billings rendered or imposed for all
working-capital funds of the Department of Defense may exceed
the amount otherwise specified in such section.
(b) In this section, the term ``advance billing'' has the
meaning given that term in section 2208(l)(4) of title 10,
United States Code.
Sec. 13004. (a) Section 2326(b)(3) of title 10, United
States Code, shall not apply to any undefinitized contract
action of the Department of Defense related to the national
emergency for the Coronavirus Disease 2019 (COVID-19).
(b) In this section, the term ``undefinitized contract
action'' has the meaning given that term in section
2326(j)(6) of title 10, United States Code.
Sec. 13005. (a) The head of an agency may waive the
provisions of section 2326(b) of title 10, United States
Code, with respect to a contract of such agency if the head
of the agency determines that the waiver is necessary due to
the national emergency for the Coronavirus Disease 2019
(COVID-19).
(b) In this section, the term ``head of an agency'' has the
meaning given that term in section 2302(2) of title 10,
United States Code.
Sec. 13006. (a) Notwithstanding paragraph (3) of section
2371b(a) of title 10, United States Code, the authority of a
senior procurement executive or director of the Defense
Advanced Research Projects Agency or Missile Defense Agency
under paragraph (2)(A) of such section, and the authority of
the Under Secretaries of Defense under paragraph (2)(B) of
such section,
[[Page H1794]]
for any transaction related to the national emergency for the
Coronavirus Disease 2019 (COVID-19) may be delegated to such
officials in the Department of Defense as the Secretary of
Defense shall specify for purposes of this section.
(b)(1) Notwithstanding clause (ii) of section
2371b(a)(2)(B) of title 10, United States Code, no advance
notice to Congress is required under that clause for
transitions described in that section that are related to the
national emergency for the Coronavirus Disease 2019 (COVID-
19).
(2) In the event a transaction covered by paragraph (1) is
carried out, the Under Secretary of Defense for Research and
Engineering or the Under Secretary of Defense for Acquisition
and Sustainment, as applicable, shall submit to the
congressional defense committees a notice on the carrying out
of such transaction as soon as is practicable after the
commencement of the carrying out of such transaction.
(3) In this subsection, the term ``congressional defense
committees'' has the meaning given such term in section
101(a)(16) of title 10, United States Code.
Sec. 13007. (a) The President may extend the appointment of
the Chief of Army Reserve as prescribed in section 7038(c) of
title 10, United States Code, for the incumbent in that
position as of the date of the enactment of this Act until
the date of the appointment of the successor to such
incumbent, notwithstanding any limitation otherwise imposed
on such term by such section 7038(c).
(b) The President may extend the appointment of the Chief
of Navy Reserve as prescribed in section 8083(c) of title 10,
United States Code, for the incumbent in that position as of
the date of the enactment of this Act until the date of the
appointment of the successor to such incumbent,
notwithstanding any limitation otherwise imposed on such term
by such section 8083(c).
(c) The President may extend the appointment of the Chief
of Staff of the Air Force prescribed in section 9033(a)(1) of
title 10, United States Code, for the incumbent in that
position as of the date of the enactment of this Act until
the date of the appointment of the successor to such
incumbent, notwithstanding any limitation otherwise imposed
on such term by such section 9033(a)(1).
(d) The President may extend the appointment of the Chief
of Space Operations, as prescribed in section 9082(a)(2) of
title 10, United States Code, for the incumbent in that
position as of the date of the enactment of this Act until
the date of the appointment of the successor to such
incumbent, notwithstanding any limitation otherwise imposed
on such term by such section 9082(a)(2).
(e) The President may extend the appointment of the Chief
of the National Guard Bureau as prescribed in section
10502(b) of title 10, United States Code, for the incumbent
in that position as of the date of the enactment of this Act
until the date of the appointment of the successor to such
incumbent, notwithstanding any limitation otherwise imposed
on such term by such section 10502(b).
(f) The President may extend the appointment of Director,
Army National Guard and Director, Air National Guard as
prescribed in section 10506(a)(3)(D) of title 10, United
States Code, for the incumbent in such position as of the
date of the enactment of this Act until the date of the
appointment of the successor to such incumbent,
notwithstanding any limitation otherwise imposed on such term
by such section 10506(a)(3)(D).
(g) Notwithstanding paragraph (4) of section 10505(a) of
title 10, United States Code, the Secretary of Defense may
waive the limitations in paragraphs (2) and (3) of that
section for a period of not more than 270 days.
(h)(1) The President may delegate the exercise of the
authorities in subsections (a) through (f) to the Secretary
of Defense.
(2) The Secretary of Defense may not redelegate the
exercise of any authority delegated to the Secretary pursuant
to paragraph (1), and may not delegate the exercise of the
authority in subsection (g).
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
operation and maintenance
For an additional amount for ``Operation and Maintenance'',
$50,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
expenses
For an additional amount for ``Expenses'', $20,000,000, to
remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
(including transfer of funds)
For an additional amount for ``Water and Related
Resources'', $12,500,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
$500,000 of the funds provided under this heading in this Act
shall be transferred to the ``Central Utah Project Completion
Account'' to prevent, prepare for, and respond to
coronavirus: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
policy and administration
For an additional amount for ``Policy and Administration'',
$8,100,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Science
For an additional amount for ``Science'', $99,500,000, to
remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, for necessary expenses related to providing
support and access to scientific user facilities in the
Office of Science and National Nuclear Security
Administration, including equipment, enabling technologies,
and personnel associated with the operations of those
scientific user facilities: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Administration
(including transfer of funds)
For an additional amount for ``Departmental
Administration'', $28,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including for
necessary expenses related to supporting remote access for
personnel: Provided, That funds appropriated under this
heading in this Act may be transferred to, and merged with,
other appropriation accounts of the Department of Energy to
prevent, prepare for, and respond to coronavirus, including
for necessary expenses related to supporting remote access
for personnel: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
INDEPENDENT AGENCIES
Nuclear Regulatory Commission
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$3,300,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That,
notwithstanding 42 U.S.C. 2214, such amount shall not be
derived from fee revenue: Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 14001. Funds appropriated in this title may be made
available to restore amounts, either directly or through
reimbursement, for obligations incurred to prevent, prepare
for, and respond to coronavirus prior to the date of
enactment of this Act.
Sec. 14002. (a) Section 404 of the Bipartisan Budget Act of
2015 (42 U.S.C. 6239 note) is amended--
(1) in subsection (e), by striking ``2020'' and inserting
``2022''; and
(2) in subsection (g), by striking ``2020'' and inserting
``2022''.
(b) Title III of division C of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended in
the matter under the heading ``Department of Energy--Energy
Programs--Strategic Petroleum Reserve'' by striking the three
provisos before the final period and inserting the following:
`` Provided, That, as authorized by section 404 of the
Bipartisan Budget Act of 2015 (Public Law 114-74; 42 U.S.C.
6239 note), the Secretary of Energy shall draw down and sell
not to exceed a total of $450,000,000 of crude oil from the
Strategic Petroleum Reserve in fiscal year 2020, fiscal year
2021, or fiscal year 2022: Provided further, That the
proceeds from such drawdown and sale shall be deposited into
the `Energy Security and Infrastructure Modernization Fund'
during the fiscal year in which the sale occurs and shall be
made available in such fiscal year, to remain available until
expended, for necessary expenses to carry out the Life
Extension II project for the Strategic Petroleum Reserve''.
(c) The amount provided by this section is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 14003. Any discretionary appropriation for the Corps
of Engineers derived from the Harbor Maintenance Trust Fund
(not to exceed the total amount deposited in the Harbor
Maintenance Trust Fund in the prior fiscal year) shall be
subtracted from the estimate of discretionary budget
authority and outlays for any estimate of an appropriations
Act under the Congressional Budget and Impoundment Control
Act of 1974 or the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That the modifications
described in this section shall not take effect until the
earlier of January 1, 2021 or the date of enactment of
legislation authorizing the development of water resources
and shall remain in effect thereafter.
Sec. 14004. Section 14321(a)(2)(B)(ii) of title 40, United
States Code, is amended by inserting ``, except that a
discretionary grant to respond to economic distress directly
related to the impacts of the Coronavirus Disease 2019
(COVID-19)
[[Page H1795]]
shall not be included in such aggregate amount'' before the
period at the end.
TITLE V
DEPARTMENT OF THE TREASURY
Internal Revenue Service
administrative provision--internal revenue service
(including transfer of funds)
Sec. 15001. In addition to the amounts otherwise available
to the Internal Revenue Service in fiscal year 2020,
$250,000,000, to remain available until September 30, 2021,
shall be available to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including costs
associated with the extended filing season and implementation
of the Families First Coronavirus Response Act: Provided,
That such funds may be transferred by the Commissioner to the
``Taxpayer Services,'' ``Enforcement,'' or ``Operations
Support'' accounts of the Internal Revenue Service for an
additional amount to be used solely to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate shall be notified
in advance of any such transfer: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by law: Provided further, That not later
than 30 days after the date of enactment of this Act, the
Commissioner shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a spending
plan for such funds: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$500,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$6,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
defender services
For an additional amount for ``Defender Services'',
$1,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
administrative provision--the judiciary
video teleconferencing for criminal proceedings
Sec. 15002. (a) Definition.--In this section, the term
``covered emergency period'' means the period beginning on
the date on which the President declared a national emergency
under the National Emergencies Act (50 U.S.C. 1601 et seq.)
with respect to the Coronavirus Disease 2019 (COVID-19) and
ending on the date that is 30 days after the date on which
the national emergency declaration terminates.
(b) Video Teleconferencing for Criminal Proceedings.--
(1) In general.--Subject to paragraphs (3), (4), and (5),
if the Judicial Conference of the United States finds that
emergency conditions due to the national emergency declared
by the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the Coronavirus Disease
2019 (COVID-19) will materially affect the functioning of
either the Federal courts generally or a particular district
court of the United States, the chief judge of a district
court covered by the finding (or, if the chief judge is
unavailable, the most senior available active judge of the
court or the chief judge or circuit justice of the circuit
that includes the district court), upon application of the
Attorney General or the designee of the Attorney General, or
on motion of the judge or justice, may authorize the use of
video teleconferencing, or telephone conferencing if video
teleconferencing is not reasonably available, for the
following events:
(A) Detention hearings under section 3142 of title 18,
United States Code.
(B) Initial appearances under Rule 5 of the Federal Rules
of Criminal Procedure.
(C) Preliminary hearings under Rule 5.1 of the Federal
Rules of Criminal Procedure.
(D) Waivers of indictment under Rule 7(b) of the Federal
Rules of Criminal Procedure.
(E) Arraignments under Rule 10 of the Federal Rules of
Criminal Procedure.
(F) Probation and supervised release revocation proceedings
under Rule 32.1 of the Federal Rules of Criminal Procedure.
(G) Pretrial release revocation proceedings under section
3148 of title 18, United States Code.
(H) Appearances under Rule 40 of the Federal Rules of
Criminal Procedure.
(I) Misdemeanor pleas and sentencings as described in Rule
43(b)(2) of the Federal Rules of Criminal Procedure.
(J) Proceedings under chapter 403 of title 18, United
States Code (commonly known as the ``Federal Juvenile
Delinquency Act''), except for contested transfer hearings
and juvenile delinquency adjudication or trial proceedings.
(2) Felony pleas and sentencing.--
(A) In general.--Subject to paragraphs (3), (4), and (5),
if the Judicial Conference of the United States finds that
emergency conditions due to the national emergency declared
by the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the Coronavirus Disease
2019 (COVID-19) will materially affect the functioning of
either the Federal courts generally or a particular district
court of the United States, the chief judge of a district
court covered by the finding (or, if the chief judge is
unavailable, the most senior available active judge of the
court or the chief judge or circuit justice of the circuit
that includes the district court) specifically finds, upon
application of the Attorney General or the designee of the
Attorney General, or on motion of the judge or justice, that
felony pleas under Rule 11 of the Federal Rules of Criminal
Procedure and felony sentencings under Rule 32 of the Federal
Rules of Criminal Procedure cannot be conducted in person
without seriously jeopardizing public health and safety, and
the district judge in a particular case finds for specific
reasons that the plea or sentencing in that case cannot be
further delayed without serious harm to the interests of
justice, the plea or sentencing in that case may be conducted
by video teleconference, or by telephone conference if video
teleconferencing is not reasonably available.
(B) Applicability to juveniles.--The video teleconferencing
and telephone conferencing authority described in
subparagraph (A) shall apply with respect to equivalent plea
and sentencing, or disposition, proceedings under chapter 403
of title 18, United States Code (commonly known as the
``Federal Juvenile Delinquency Act'').
(3) Review.--
(A) In general.--On the date that is 90 days after the date
on which an authorization for the use of video
teleconferencing or telephone conferencing under paragraph
(1) or (2) is issued, if the emergency authority has not been
terminated under paragraph (5), the chief judge of the
district court (or, if the chief judge is unavailable, the
most senior available active judge of the court or the chief
judge or circuit justice of the circuit that includes the
district court) to which the authorization applies shall
review the authorization and determine whether to extend the
authorization.
(B) Additional review.--If an authorization is extended
under subparagraph (A), the chief judge of the district court
(or, if the chief judge is unavailable, the most senior
available active judge of the court or the chief judge or
circuit justice of the circuit that includes the district
court) to which the authorization applies shall review the
extension of authority not less frequently than once every 90
days until the earlier of--
(i) the date on which the chief judge (or other judge or
justice) determines the authorization is no longer warranted;
or
(ii) the date on which the emergency authority is
terminated under paragraph (5).
(4) Consent.--Video teleconferencing or telephone
conferencing authorized under paragraph (1) or (2) may only
take place with the consent of the defendant, or the
juvenile, after consultation with counsel.
(5) Termination of emergency authority.--The authority
provided under paragraphs (1), (2), and (3), and any specific
authorizations issued under those paragraphs, shall terminate
on the earlier of--
(A) the last day of the covered emergency period; or
(B) the date on which the Judicial Conference of the United
States finds that emergency conditions due to the national
emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
Coronavirus Disease 2019 (COVID-19) no longer materially
affect the functioning of either the Federal courts generally
or the district court in question.
(6) National emergencies generally.--The Judicial
Conference of the United States and the Supreme Court of the
United States shall consider rule amendments under chapter
131 of title 28, United States Code (commonly known as the
``Rules Enabling Act''), that address emergency measures that
may be taken by the Federal courts when the President
declares a national emergency under the National Emergencies
Act (50 U.S.C. 1601 et seq.).
(7) Rule of construction.--Nothing in this subsection shall
obviate a defendant's right to counsel under the Sixth
Amendment to the Constitution of the United States, any
Federal statute, or the Federal Rules of Criminal Procedure.
(c) The amount provided by this section is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DISTRICT OF COLUMBIA
Federal Funds
federal payment for emergency planning and security costs in the
district of columbia
For an additional amount for ``Federal Payment for
Emergency Planning and Security Costs in the District of
Columbia'', $5,000,000, to remain available until expended,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page H1796]]
INDEPENDENT AGENCIES
Election Assistance Commission
election security grants
For an additional amount for ``Election Security Grants'',
$400,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, for the 2020
Federal election cycle: Provided, That a State receiving a
payment with funds provided under this heading in this Act
shall provide to the Election Assistance Commission, within
20 days of each election in the 2020 Federal election cycle
in that State, a report that includes a full accounting of
the State's uses of the payment and an explanation of how
such uses allowed the State to prevent, prepare for, and
respond to coronavirus: Provided further, That, within 3
days of its receipt of a report required in the preceding
proviso, the Election Assistance Commission will transmit the
report to the Committee on Appropriations and the Committee
on House Administration of the House of Representatives and
the Committee on Appropriations and the Committee on Rules
and Administration of the Senate: Provided further, That not
later than 30 days after the date of enactment of this Act,
the Election Assistance Commission shall make the payments to
States under this heading: Provided further, That any
portion of a payment made to a State with funds provided
under this heading in this Act which is unobligated on
December 31, 2020 shall be returned to the Treasury:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Federal Communications Commission
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$200,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including to support efforts of health care
providers to address coronavirus by providing
telecommunications services, information services, and
devices necessary to enable the provision of telehealth
services during an emergency period, as defined in section
1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)): Provided, That the Federal Communications
Commission may rely on the rules of the Commission under part
54 of title 47, Code of Federal Regulations, in administering
the amount provided under the heading in this Act if the
Commission determines that such administration is in the
public interest: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
General Services Administration
real property activities
federal buildings fund
(including transfers of funds)
For an additional amount to be deposited in the ``Federal
Buildings Fund'', $275,000,000, to remain available until
expended, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
the amount provided under this heading in this Act may be
used to reimburse the Fund for obligations incurred for this
purpose prior to the date of the enactment of this Act:
Provided further, That such amount may be transferred to, and
merged with, accounts within the Federal Buildings Fund in
amounts necessary to cover costs incurred to prevent, prepare
for, and respond to coronavirus, domestically or
internationally: Provided further, That the Administrator of
General Services shall notify the Committees on
Appropriations of the House of Representatives and the Senate
quarterly on the obligations and expenditures of the funds
provided by this Act by account of the Federal Buildings
Fund: Provided further, That funds made available to the
Administrator in this or any previous Act shall not be
subject to section 3307 of title 40, United States Code, for
the acquisition of space necessary to prevent, prepare for,
or respond to coronavirus, domestically or internationally:
Provided further, That no action taken by the Administrator
to acquire real property and interests in real property or to
improve real property in response to coronavirus shall be
deemed a Federal action or undertaking and subject to review
under the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), or the National Historic
Preservation Act of 1966, as amended (54 U.S.C. 300101 et
seq.), respectively: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
general activities
federal citizen services fund
(including transfer of funds)
For an additional amount to be deposited in the ``Federal
Citizen Services Fund'', $18,650,000, to remain available
until expended, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
working capital fund
For an additional amount for ``Working Capital Fund'',
$1,500,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
administrative provision--general services administration
Sec. 15003. Notwithstanding 41 U.S.C. 3304(a)(7)(B), the
Administrator, when making a determination that use of
noncompetitive procedures is necessary for public interest in
accordance with 41 U.S.C. 3304(a)(7)(A) in response to a
public health emergency declaration by the Secretary of
Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247(d)), is required to notify
Congress in writing of that determination not less than 3
days prior to the award of the contract.
National Archives and Records Administration
operating expenses
For an additional amount for ``Operating Expenses'',
$8,100,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That the amount
provided under this heading in this Act may be used to
provide expenses of the Federal Records Center Program for
preventing, preparing for, and responding to coronavirus,
domestically or internationally: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Office of Personnel Management
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$12,100,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including technologies for
digital case management, short-term methods to allow
electronic submissions of retirement application packages in
support of paper-based business operations, and increased
telecommunications: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Pandemic Response Accountability Committee
For an additional amount for ``Pandemic Response
Accountability Committee'', $80,000,000, to remain available
until expended, to promote transparency and support oversight
of funds provided in this Act to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Small Business Administration
disaster loans program account
(including transfers of funds)
For an additional amount for the ``Disaster Loans Program
Account'', $562,000,000, to remain available until expended,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, for the cost of direct loans
authorized by section 7(b) of the Small Business Act and for
administrative expenses to carry out the disaster loan
program authorized by section 7(b) of the Small Business Act:
Provided, That the amounts provided under this heading in
this Act may be transferred to, and merged with, ``Small
Business Administration--Salaries and Expenses'' to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
pandemic response accountability committee
Sec. 15010. (a) In this section--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(2) the term ``appropriate congressional committees''
means--
(A) the Committees on Appropriations of the Senate and the
House of Representatives;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Oversight and Reform of the House of
Representatives; and
(D) any other relevant congressional committee of
jurisdiction;
(3) the term ``Chairperson'' means the Chairperson of the
Committee;
(4) the term ``Council'' means the Council of the
Inspectors General on Integrity and Efficiency established
under section 11 of the Inspector General Act of 1978 (5
U.S.C. App);
(5) the term ``Committee'' means the Pandemic Response
Accountability Committee established under subsection (b);
(6) the term ``covered funds'' means any funds, including
loans, that are made available in any form to any non-Federal
entity, not including an individual, under--
(A) this Act;
(B) the Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020 (Public Law 116-123);
(C) the Families First Coronavirus Response Act (Public Law
116-127); or
(D) any other Act primarily making appropriations for the
Coronavirus response and related activities; and
(7) the term ``Coronavirus response'' means the Federal
Government's response to the nationwide public health
emergency declared by the Secretary of Health and Human
Services, retroactive to January 27, 2020, pursuant to
section 319 of the Public Health Service Act (42 U.S.C.
247d), as a result of confirmed cases of
[[Page H1797]]
the novel coronavirus (COVID-19) in the United States.
(b) There is established within the Council the Pandemic
Response Accountability Committee to promote transparency and
conduct and support oversight of covered funds and the
Coronavirus response to--
(1) prevent and detect fraud, waste, abuse, and
mismanagement; and
(2) mitigate major risks that cut across program and agency
boundaries.
(c)(1) The Chairperson of the Committee shall be selected
by the Chairperson of the Council from among Inspectors
General described in subparagraphs (B), (C), and (D) of
paragraph (2) with experience managing oversight of large
organizations and expenditures.
(2) The members of the Committee shall include--
(A) the Chairperson;
(B) the Inspectors General of the Departments of Defense,
Education, Health and Human Services, Homeland Security,
Justice, Labor, and the Treasury;
(C) the Inspector General of the Small Business
Administration;
(D) the Treasury Inspector General for Tax Administration;
and
(E) any other Inspector General, as designated by the
Chairperson from any agency that expends or obligates covered
funds or is involved in the Coronavirus response.
(3)(A) There shall be an Executive Director and a Deputy
Executive Director of the Committee.
(B)(i)(I) Not later than 30 days after the date of
enactment of this Act, the Executive Director of the
Committee shall be appointed by the Chairperson of the
Council, in consultation with the majority leader of the
Senate, the Speaker of the House of Representatives, the
minority leader of the Senate, and the minority leader of the
House of Representatives.
(II) Not later than 90 days after the date of enactment of
this Act, the Deputy Executive Director of the Committee
shall be appointed by the Chairperson of the Council, in
consultation with the majority leader of the Senate, the
Speaker of the House of Representatives, the minority leader
of the Senate, the minority leader of the House of
Representatives, and the Executive Director of the Committee.
(ii) The Executive Director and the Deputy Executive
Director of the Committee shall--
(I) have demonstrated ability in accounting, auditing, and
financial analysis;
(II) have experience managing oversight of large
organizations and expenditures; and
(III) be full-time employees of the Committee.
(C) The Executive Director of the Committee shall--
(i) report directly to the Chairperson;
(ii) appoint staff of the Committee, subject to the
approval of the Chairperson, consistent with subsection (f);
(iii) supervise and coordinate Committee functions and
staff; and
(iv) perform any other duties assigned to the Executive
Director by the Committee.
(4)(A) Members of the Committee may not receive additional
compensation for services performed.
(B) The Executive Director and Deputy Executive Director of
the Committee shall be compensated at the rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(d)(1)(A) The Committee shall conduct and coordinate
oversight of covered funds and the Coronavirus response and
support Inspectors General in the oversight of covered funds
and the Coronavirus response in order to--
(i) detect and prevent fraud, waste, abuse, and
mismanagement; and
(ii) identify major risks that cut across programs and
agency boundaries.
(B) The functions of the Committee shall include--
(i) developing a strategic plan to ensure coordinated,
efficient, and effective comprehensive oversight by the
Committee and Inspectors General over all aspects of covered
funds and the Coronavirus response;
(ii) auditing or reviewing covered funds, including a
comprehensive audit and review of charges made to Federal
contracts pursuant to authorities provided in the Coronavirus
Aid, Relief, and Economic Security Act, to determine whether
wasteful spending, poor contract or grant management, or
other abuses are occurring and referring matters the
Committee considers appropriate for investigation to the
Inspector General for the agency that disbursed the covered
funds, including conducting randomized audits to identify
fraud;
(iii) reviewing whether the reporting of contracts and
grants using covered funds meets applicable standards and
specifies the purpose of the contract or grant and measures
of performance;
(iv) reviewing the economy, efficiency, and effectiveness
in the administration of, and the detection of fraud, waste,
abuse, and mismanagement in, Coronavirus response programs
and operations;
(v) reviewing whether competition requirements applicable
to contracts and grants using covered funds have been
satisfied;
(vi) serving as a liaison to the Director of the Office of
Management and Budget, the Secretary of the Treasury, and
other officials responsible for implementing the Coronavirus
response;
(vii) reviewing whether there are sufficient qualified
acquisition, grant, and other applicable personnel overseeing
covered funds and the Coronavirus response;
(viii) reviewing whether personnel whose duties involve the
Coronavirus response or acquisitions or grants made with
covered funds or are otherwise related to the Coronavirus
response receive adequate training, technology support, and
other resources;
(ix) reviewing whether there are appropriate mechanisms for
interagency collaboration relating to the oversight of
covered funds and the Coronavirus response, including
coordinating and collaborating to the extent practicable with
State and local government entities;
(x) expeditiously reporting to the Attorney General any
instance in which the Committee has reasonable grounds to
believe there has been a violation of Federal criminal law;
and
(xi) coordinating and supporting Inspectors General on
matters related to oversight of covered funds and the
Coronavirus response.
(2)(A)(i) The Committee shall submit to the President and
Congress, including the appropriate congressional committees,
management alerts on potential management, risk, and funding
problems that require immediate attention.
(ii) The Committee shall submit to Congress such other
reports or provide such periodic updates on the work of the
Committee as the Committee considers appropriate on the use
of covered funds and the Coronavirus response.
(B) The Committee shall submit biannual reports to the
President and Congress, including the appropriate
congressional committees, and may submit additional reports
as appropriate--
(i) summarizing the findings of the Committee; and
(ii) identifying and quantifying the impact of any tax
expenditures or credits authorized under this Act to the
extent practicable.
(C)(i) All reports submitted under this paragraph shall be
made publicly available and posted on the website established
under subsection (g).
(ii) Any portion of a report submitted under this paragraph
may be redacted when made publicly available, if that portion
would disclose information that is not subject to disclosure
under sections 552 and 552a of title 5, United States Code,
or is otherwise prohibited from disclosure by law.
(3)(A) The Committee shall make recommendations to agencies
on measures to prevent or address fraud, waste, abuse and
mismanagement, and to mitigate risks that cut across programs
and agency boundaries, relating to covered funds and the
Coronavirus response.
(B) Not later than 30 days after receipt of a
recommendation under subparagraph (A), an agency shall submit
a report to the President and the appropriate congressional
committees on--
(i) whether the agency agrees or disagrees with the
recommendations; and
(ii) any actions the agency will take to implement the
recommendations, which shall also be included in the report
required under section 2(b) of the GAO-IG Act (31 U.S.C. 1105
note).
(e)(1) The Committee shall conduct audits and reviews of
programs, operations, and expenditures relating to covered
funds and the Coronavirus response and coordinate on such
activities with the Inspector General of the relevant agency
to avoid unnecessary duplication and overlap of work.
(2) The Committee may--
(A) conduct its own independent investigations, audits, and
reviews relating to covered funds or the Coronavirus
response;
(B) collaborate on audits and reviews relating to covered
funds with any Inspector General of an agency; and
(C) provide support to relevant agency Inspectors General
in conducting investigations, audits, and reviews relating to
the covered funds and Coronavirus response.
(3)(A) In conducting and supporting investigations, audits,
and reviews under this subsection, the Committee--
(i) shall have the authorities provided under section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.);
(ii) may issue subpoenas to compel the testimony of persons
who are not Federal officers or employees; and
(iii) may enforce such subpoenas in the event of a refusal
to obey by order of any appropriate United States district
court as provided for under section 6 of the Inspector
General Act of 1978 (5 U.S.C. App).
(B) The Committee shall carry out the powers under
paragraphs (1) and (2) in accordance with section 4(b)(1) of
the Inspector General Act of 1978 (5 U.S.C. App.).
(C) Whenever information or assistance requested by the
Committee or an Inspector General is unreasonably refused or
not provided, the Committee shall immediately report the
circumstances to the appropriate congressional committees.
(D) The Committee shall leverage existing information
technology resources within the Council, such as
oversight.gov, to carry out the duties of the Committee.
(4)(A) The Committee may hold public hearings and Committee
personnel may conduct necessary inquiries.
(B) The head of each agency shall make all officers and
employees of that agency available to provide testimony to
the Committee and Committee personnel.
(C) The Committee may issue subpoenas to compel the
testimony of persons who are not Federal officers or
employees at such public hearings, which may be enforced in
the same manner as provided for subpoenas under section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.).
(5) The Committee may enter into contracts to enable the
Committee to discharge its duties, including contracts and
other arrangements for audits, studies, analyses, and other
services with public agencies and with private persons, and
make such payments as may be necessary to carry out the
duties of the Committee.
(6) The Committee may establish subcommittees to facilitate
the ability of the Committee to discharge its duties.
(7) The Committee may transfer funds appropriated to the
Committee for expenses to support
[[Page H1798]]
administrative support services and audits, reviews, or other
activities related to oversight by the Committee of covered
funds or the Coronavirus response to any Office of the
Inspector General or the General Services Administration.
(f)(1)(A)(i) Subject to subparagraph (B), the Committee may
exercise the authorities of subsections (b) through (i) of
section 3161 of title 5, United States Code (without regard
to subsection (a) of that section) to carry out the functions
of the Committee under this section.
(ii) For purposes of exercising the authorities described
under clause (i), the term ``Chairperson'' shall be
substituted for the term ``head of a temporary
organization''.
(iii) In exercising the authorities described in clause
(i), the Chairperson shall consult with members of the
Committee.
(iv) In addition to the authority provided by section
3161(c) of title 5, United States Code, upon the request of
an Inspector General, the Committee may detail, on a
nonreimbursable basis, any personnel of the Council to that
Inspector General to assist in carrying out any audit,
review, or investigation pertaining to the oversight of
covered funds or the Coronavirus response.
(B) In exercising the employment authorities under section
3161(b) of title 5, United States Code, as provided under
subparagraph (A) of this paragraph--
(i) section 3161(b)(2) of that title (relating to periods
of appointments) shall not apply; and
(ii) no period of appointment may exceed the date on which
the Committee terminates.
(C)(i) A person employed by the Committee shall acquire
competitive status for appointment to any position in the
competitive service for which the employee possesses the
required qualifications upon the completion of 2 years of
continuous service as an employee under this subsection.
(ii) No person who is first employed as described in clause
(i) more than 2 years after the date of enactment of this Act
may acquire competitive status under clause (i).
(2)(A) The Committee may employ annuitants covered by
section 9902(g) of title 5, United States Code, for purposes
of the oversight of covered funds or the Coronavirus
response.
(B) The employment of annuitants under this paragraph shall
be subject to the provisions of section 9902(g) of title 5,
United States Code, as if the Committee was the Department of
Defense.
(3) Upon request of the Committee for information or
assistance from any agency or other entity of the Federal
Government, the head of such entity shall, insofar as is
practicable and not in contravention of any existing law, and
consistent with section 6 of the Inspector General Act of
1978 (5 U.S.C. App.), furnish such information or assistance
to the Committee, or an authorized designee, including an
Inspector General designated by the Chairperson.
(4) Any Inspector General responsible for conducting
oversight related to covered funds or the Coronavirus
response may, consistent with the duties, responsibilities,
policies, and procedures of the Inspector General, provide
information requested by the Committee or an Inspector
General on the Committee relating to the responsibilities of
the Committee.
(g)(1)(A) Not later than 30 days after the date of
enactment of this Act, the Committee shall establish and
maintain a user-friendly, public-facing website to foster
greater accountability and transparency in the use of covered
funds and the Coronavirus response, which shall have a
uniform resource locator that is descriptive and memorable.
(B) The Committee shall leverage existing information
technology and resources, such as oversight.gov, to the
greatest extent practicable to meet the requirements under
this section.
(2) The website established and maintained under paragraph
(1) shall be a portal or gateway to key information relating
to the oversight of covered funds and the Coronavirus
response and provide connections to other Government websites
with related information.
(3) In establishing and maintaining the website under
paragraph (1), the Committee shall ensure the following:
(A) The website shall provide materials and information
explaining the Coronavirus response and how covered funds are
being used. The materials shall be easy to understand and
regularly updated.
(i) The website shall provide accountability information,
including findings from Inspectors General, including any
progress reports, audits, inspections, or other reports,
including reports from or links to reports on the website of
the Government Accountability Office.
(ii) The website shall provide data on relevant
operational, economic, financial, grant, subgrant, contract,
and subcontract information in user-friendly visual
presentations to enhance public awareness of the use of
covered funds and the Coronavirus response.
(iii) The website shall provide detailed data on any
Federal Government awards that expend covered funds,
including a unique trackable identification number for each
project, information about the process that was used to award
the covered funds, and for any covered funds over $150,000, a
detailed explanation of any associated agreement, where
applicable.
(iv) The website shall include downloadable, machine-
readable, open format reports on covered funds obligated by
month to each State and congressional district, where
applicable.
(v) The website shall provide a means for the public to
give feedback on the performance of any covered funds and of
the Coronavirus response, including confidential feedback.
(vi) The website shall include detailed information on
Federal Government awards that expend covered funds,
including data elements required under the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note), allowing aggregate reporting on awards below $50,000,
as prescribed by the Director of the Office of Management and
Budget.
(vii) The website shall provide a link to estimates of the
jobs sustained or created by this Act to the extent
practicable.
(viii) The website shall include appropriate links to other
government websites with information concerning covered funds
and the Coronavirus response, including Federal agency and
State websites.
(ix) The website shall include a plan from each Federal
agency for using covered funds.
(x) The website shall provide information on Federal
allocations of mandatory and other entitlement programs by
State, county, or other geographical unit related to covered
funds or the Coronavirus response.
(xi) The website shall present the data such that funds
subawarded by recipients are not double counted in search
results, data visualizations, or other reports.
(xii) The website shall include all recommendations made to
agencies relating to covered funds and the Coronavirus
response, as well as the status of each recommendation.
(xiii) The website shall be enhanced and updated as
necessary to carry out the purposes of this section.
(4) The Committee may exclude posting contractual or other
information on the website on a case-by-case basis when
necessary to protect national security or to protect
information that is not subject to disclosure under sections
552 and 552a of title 5, United States Code.
(h)(1) Nothing in this section shall affect the independent
authority of an Inspector General to determine whether to
conduct an audit or investigation of covered funds or the
Coronavirus response.
(2) If the Committee requests that an Inspector General of
an agency conduct or refrain from conducting an audit or
investigation and the Inspector General rejects the request
in whole or in part, the Inspector General shall, not later
than 30 days after rejecting the request, submit a report to
the Committee, the head of the applicable agency, and the
appropriate congressional committees, that states the reasons
that the Inspector General has rejected the request in whole
or in part.
(i) The Committee shall coordinate its oversight activities
with the Comptroller General of the United States and State
auditors.
(j) For the purposes of carrying out the mission of the
Committee under this section, there are authorized to be
appropriated such sums as may be necessary to carry out the
duties and functions of the Committee.
(k) The Committee shall terminate on September 30, 2025.
reporting on use of funds
Sec. 15011. (a) In this section--
(1) the terms ``agency'', ``appropriate congressional
committees'', ``Committee'', ``covered funds'', and
``Coronavirus response'' have the meanings given those terms
in section 15010;
(2) the term ``covered recipient''--
(A) means any entity that receives large covered funds; and
(B) includes any State, the District of Columbia, and any
territory or possession of the United States; and
(3) the term ``large covered funds'' means covered funds
that amount to more than $150,000.
(b)(1)(A) On a monthly basis until September 30, 2021, each
agency shall report to the Director of the Office of
Management and Budget, the Bureau of Fiscal Service in the
Department of the Treasury, the Committee, and the
appropriate congressional committees on any obligation or
expenditure of large covered funds, including loans and
awards.
(B) Not later than 90 days after the date of enactment of
this Act, each agency shall submit to the Committee a plan
describing how the agency will use covered funds.
(2) Not later than 10 days after the end of each calendar
quarter, each covered recipient shall submit to the agency
and the Committee a report that contains--
(A) the total amount of large covered funds received from
the agency;
(B) the amount of large covered funds received that were
expended or obligated for each project or activity;
(C) a detailed list of all projects or activities for which
large covered funds were expended or obligated, including--
(i) the name of the project or activity;
(ii) a description of the project or activity; and
(iii) the estimated number of jobs created or retained by
the project or activity, where applicable; and
(D) detailed information on any level of subcontracts or
subgrants awarded by the covered recipient or its
subcontractors or subgrantees, to include the data elements
required to comply with the Federal Funding Accountability
and Transparency Act of 2006 (31 U.S.C. 6101 note) allowing
aggregate reporting on awards below $50,000 or to
individuals, as prescribed by the Director of the Office of
Management and Budget.
(3) Not later than 30 days after the end of each calendar
quarter, the Committee, in consultation with the agency that
made large covered funds available to any covered recipient
shall make the information in reports submitted under
paragraph (2) publicly available by posting the information
on the website established under section 15010(g).
(4)(A) Each agency, in coordination with the Committee and
the Director of the Office of Management and Budget shall
provide user-friendly means for covered recipients to meet
requirements of this subsection.
(B) Federal agencies may use existing mechanisms to ensure
that information under this subsection is reported
accurately.
[[Page H1799]]
(c)(1) The Director of the Office of Management and Budget,
in consultation with the Secretary of the Treasury, the
Administrator of the Small Business Administration, and the
Chairperson of the Council of Economic Advisors, shall submit
to the appropriate congressional committees and publicly
release on the website established under section 15010(g)
quarterly reports that detail the impact of programs funded
through large covered funds on employment, estimated economic
growth, and other key economic indicators, including
information about impacted industries.
(2)(A) The first report submitted under paragraph (1) shall
be submitted not later than 45 days after the end of the
first full quarter following the date of enactment of this
Act.
(B) The last report required to be submitted under
paragraph (1) shall apply to the quarter in which the
Committee terminates.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
Management Directorate
operations and support
For an additional amount for ``Operations and Support'',
$178,300,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, which shall be for the
purchase of personal protective equipment and sanitization
materials: Provided, That funds provided under this heading
in this Act may be transferred by the Secretary of Homeland
Security between appropriations in the Department only for
the purchase of personal protective equipment and
sanitization materials to prevent, prepare for, and respond
to coronavirus, domestically or internationally: Provided
further, That none of the funds made available under this
heading may be transferred pursuant to the authority in
section 503 of the Department of Homeland Security
Appropriations Act, 2020: Provided further, That the
Department shall provide notice of any transfer to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 5 days after executing such
transfer: Provided further, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Transportation Security Administration
operations and support
For an additional amount for ``Operations and Support'',
$100,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, which shall be for cleaning
and sanitization at checkpoints and other airport common
areas; overtime and travel costs; and explosive detection
materials: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
United States Coast Guard
operations and support
For an additional amount for ``Operations and Support'',
$140,800,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, which shall be for
mobilization of reservists and increasing the capability and
capacity of Coast Guard information technology systems and
infrastructure: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Cybersecurity and Infrastructure Security Agency
operations and support
For an additional amount for ``Operations and Support'',
$9,100,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, which shall be for support
of interagency critical infrastructure coordination and
related activities: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Federal Emergency Management Agency
operations and support
For an additional amount for ``Operations and Support'',
$44,987,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, which shall be for
enhancements to information technology and for facilities
support: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
disaster relief fund
For an additional amount for ``Disaster Relief Fund'',
$45,000,000,000, to remain available until expended:
Provided, That of the amount provided under this heading in
this Act, $25,000,000,000 shall be for major disasters
declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.):
Provided further, That of the amount provided under this
heading in this Act, $15,000,000,000 may be used for all
purposes authorized under such Act and may be used in
addition to amounts designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That every 30 days the Administrator shall
provide the Committees on Appropriations of the Senate and
the House of Representatives both projected and actual costs
for funds provided under this heading for major disasters and
any other expenses: Provided further, That of the amounts
provided under this heading, $3,000,000 shall be transferred
to ``Office of Inspector General'' and shall remain available
until expended for oversight of activities supported by funds
provided under this heading: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
federal assistance
For an additional amount for ``Federal Assistance'',
$400,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That of the
amount provided under this heading in this Act, $100,000,000
shall be for Assistance to Firefighter Grants for the
purchase of personal protective equipment and related
supplies, including reimbursements; $100,000,000 shall be for
Emergency Management Performance Grants; and $200,000,000
shall be for the Emergency Food and Shelter Program:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 16001. Notwithstanding any other provision of law,
funds made available under each heading in this title, except
for ``Federal Emergency Management Agency--Disaster Relief
Fund'', shall only be used for the purposes specifically
described under that heading.
Sec. 16002. Notwithstanding any other provision of law,
any amounts appropriated for ``Federal Emergency Management
Agency--Disaster Relief Fund'' in this Act are available only
for the purposes for which they were appropriated.
Sec. 16003. (a) Premium Pay Authority.--If services
performed during fiscal year 2020 are determined by the head
of the agency to be primarily related to preparation,
prevention, or response to coronavirus, any premium pay that
is funded, either directly or through reimbursement, by the
Federal Emergency Management Agency shall be exempted from
the aggregate of basic pay and premium pay calculated under
section 5547(a) of title 5, United States Code, and any other
provision of law limiting the aggregate amount of premium pay
payable on a biweekly or calendar year basis.
(b) Overtime Authority.--Any overtime that is funded for
such services described in subsection (a), either directly or
through reimbursement, by the Federal Emergency Management
Agency shall be exempted from any annual limit on the amount
of overtime payable in a calendar or fiscal year.
(c) Applicability of Aggregate Limitation on Pay.--In
determining whether an employee's pay exceeds the applicable
annual rate of basic pay payable under section 5307 of title
5, United States Code, the head of an Executive agency shall
not include pay exempted under this section.
(d) Limitation of Pay Authority.--Pay exempted from
otherwise applicable limits under subsection (a) shall not
cause the aggregate pay earned for the calendar year in which
the exempted pay is earned to exceed the rate of basic pay
payable for a position at level II of the Executive Schedule
under section 5313 of title 5, United States Code.
(e) Effective Date.--This section shall take effect as if
enacted on January 1, 2020.
Sec. 16004. (a) Amounts provided for ``Coast Guard--
Operations and Support'' in the Consolidated Appropriations
Act, 2020 (Public Law 116-93) may be available for pay and
benefits of Coast Guard Yard and Vessel Documentation
personnel, Non-Appropriated Funds personnel, and for Morale,
Welfare and Recreation Programs.
(b) No amounts may be used under this section from amounts
that were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 16005. (a) Notwithstanding any other provision of law
regarding the licensure of health-care providers, a health-
care professional described in subsection (b) may practice
the health profession or professions of the health-care
professional at any location in any State, the District of
Columbia, or Commonwealth, territory, or possession of the
United States, or any location designated by the Secretary,
regardless of where such health-care professional or the
patient is located, so long as the practice is within the
scope of the authorized Federal duties of such health-care
professional.
(b) Definition.--As used in this section, the term
``health-care professional'' means an individual (other than
a member of the Coast Guard, a civilian employee of the Coast
Guard, member of the Public Health Service who is assigned to
the Coast Guard, or an individual with whom the Secretary,
pursuant to 10 U.S.C. 1091, has entered into a personal
services contract to carry out health care responsibilities
of the Secretary at a medical treatment facility of the Coast
Guard) who--
(1) is--
(A) an employee of the Department of Homeland Security,
(B) a detailee to the Department from another Federal
agency,
(C) a personal services contractor of the Department, or
(D) hired under a Contract for Services;
(2) performs health care services as part of duties of the
individual in that capacity;
(3) has a current, valid, and unrestricted equivalent
license certification that is--
(A) issued by a State, the District of Columbia, or a
Commonwealth, territory, or possession of the United States;
and
[[Page H1800]]
(B) for the practice of medicine, osteopathic medicine,
dentistry, nursing, emergency medical services, or another
health profession; and
(4) is not affirmatively excluded from practice in the
licensing or certifying jurisdiction or in any other
jurisdiction.
(c) Subsection (a) shall apply during the incident period
of the emergency declared by the President on March 13, 2020,
pursuant to section 501(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121(b)), and
to any subsequent major declaration under section 401 of such
Act that supersedes such emergency declaration.
Sec. 16006. The Secretary of Homeland Security, under the
authority granted under section 205(b) of the REAL ID Act of
2005 (Public Law 109-13; 49 U.S.C. 30301 note) shall extend
the deadline by which States are required to meet the driver
license and identification card issuance requirements under
section 202(a)(1) of such Act until not earlier than
September 30, 2021.
Sec. 16007. Section 5 of the Protecting and Securing
Chemical Facilities from Terrorist Attacks Act of 2014
(Public Law 113-254; 6 U.S.C. 621 note) is amended by
striking ``the date that is 5 years and 3 months after the
effective date of this Act'' and inserting ``July 23, 2020'':
Provided, That the amount provided by this section is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE VII
DEPARTMENT OF THE INTERIOR
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For an additional amount for ``Operation of Indian
Programs'', $453,000,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including, but
not limited to, funds for public safety and justice programs,
executive direction to carry out deep cleaning of facilities,
purchase of personal protective equipment, purchase of
information technology to improve teleworking capability,
welfare assistance and social services programs (including
assistance to individuals), and assistance to tribal
governments, including tribal governments who participate in
the ``Small and Needy'' program: Provided, That amounts
received from funds provided under this heading in this Act
for welfare assistance programs shall not be included in the
statutory maximum for welfare assistance funds included in
Public Law 116-94, the Further Consolidated Appropriations
Act, 2020: Provided further, That assistance received from
funds provided under this heading in this Act shall not be
included in the calculation of funds received by those tribal
governments who participate in the ``Small and Needy''
program: Provided further, That of the amounts provided
under this heading in this Act, not less than $400,000,000
shall be made available to meet the direct needs of tribes:
Provided further, That amounts provided under this heading in
this Act may be made available for distribution through
tribal priority allocations for tribal response and capacity
building activities: Provided further, That funds provided
under this heading in this Act, if transferred to tribes and
tribal organizations under the Indian Self-Determination and
Education Assistance Act, will be transferred on a one-time
basis and that these non-recurring funds are not part of the
amount required by 25 U.S.C. Sec. 5325: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
bureau of indian education
operation of indian education programs
For an additional amount for ``Operation of Indian
Education Programs'', $69,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including, but
not limited to, funding for tribal colleges and universities,
salaries, transportation, and information technology:
Provided, That of the amounts provided in this paragraph, not
less than $20,000,000 shall be for tribal colleges and
universities: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Offices
Office of the Secretary
departmental operations
(including transfers of funds)
For an additional amount for ``Departmental Operations'',
$158,400,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including, but not limited
to, funds for purchasing equipment and supplies to disinfect
and clean buildings and public areas, supporting law
enforcement and emergency management operations,
biosurveillance of wildlife and environmental persistence
studies, employee overtime and special pay expenses, and
other response, mitigation, or recovery activities:
Provided, That funds appropriated under this heading in this
Act shall be used to absorb increased operational costs
necessary to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided
further, That the Secretary of the Interior may transfer the
funds provided under this heading in this Act to any other
account in the Department to prevent, prepare for, and
respond to coronavirus, domestically or internationally, and
may expend such funds directly or through cooperative
agreements: Provided further, That the Secretary shall
provide a monthly report to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
allocation and obligation of these funds by account,
beginning not later than 90 days after enactment of this Act:
Provided further, That as soon as practicable after the date
of enactment of this Act, the Secretary shall transfer
$1,000,000 to the Office of the Inspector General, ``Salaries
and Expenses'' account for oversight activities related to
the implementation of programs, activities or projects funded
herein: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Insular Affairs
assistance to territories
For an additional amount for ``Assistance to Territories'',
$55,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, for general technical
assistance: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For an additional amount for ``Science and Technology'',
$2,250,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That of the
amount provided under this heading in this Act, $750,000
shall be for necessary expenses for cleaning and disinfecting
equipment or facilities of, or for use by, the Environmental
Protection Agency, and $1,500,000 shall be for research on
methods to reduce the risks from environmental transmission
of coronavirus via contaminated surfaces or materials:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Environmental Programs and Management
For an additional amount for ``Environmental Programs and
Management'', $3,910,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
of the amount provided under this heading in this Act,
$2,410,000 shall be for necessary expenses for cleaning and
disinfecting equipment or facilities of, or for use by, the
Environmental Protection Agency, and operational continuity
of Environmental Protection Agency programs and related
activities, and $1,500,000 shall be for expediting
registration and other actions related to pesticides to
address coronavirus: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Buildings and Facilities
For an additional amount for ``Buildings and Facilities'',
$300,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That the funds
provided under this heading in this Act shall be for
necessary expenses for cleaning and disinfecting equipment or
facilities of, or for use by, the Environmental Protection
Agency: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Hazardous Substance Superfund
For an additional amount for ``Hazardous Substance
Superfund'', $770,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
the funds provided under this heading in this Act shall be
for necessary expenses for cleaning and disinfecting
equipment or facilities of, or for use by, the Environmental
Protection Agency: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland
Research'', $3,000,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including for
the reestablishment of abandoned or failed experiments
associated with employee restrictions due to the coronavirus
outbreak: Provided, That amounts provided under this heading
in this Act shall be allocated at the discretion of the Chief
of the Forest Service: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national forest system
For an additional amount for ``National Forest System'',
$34,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including for cleaning and
disinfecting of public recreation amenities and for
[[Page H1801]]
personal protective equipment and baseline health testing for
first responders: Provided, That amounts provided under this
heading in this Act shall be allocated at the discretion of
the Chief of the Forest Service: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $26,800,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including for
janitorial services: Provided, That amounts provided under
this heading in this Act shall be allocated at the discretion
of the Chief of the Forest Service: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$7,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including for personal
protective equipment and baseline health testing for first
responders: Provided, That amounts provided under this
heading in this Act shall be allocated at the discretion of
the Chief of the Forest Service: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
(including transfers of funds)
For an additional amount for ``Indian Health Services'',
$1,032,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including for public health
support, electronic health record modernization, telehealth
and other information technology upgrades, Purchased/Referred
Care, Catastrophic Health Emergency Fund, Urban Indian
Organizations, Tribal Epidemiology Centers, Community Health
Representatives, and other activities to protect the safety
of patients and staff: Provided, That of the amount provided
under this heading in this Act, up to $65,000,000 is for
electronic health record stabilization and support, including
for planning and tribal consultation: Provided further, That
of amounts provided under this heading in this Act, not less
than $450,000,000 shall be distributed through IHS directly
operated programs and to tribes and tribal organizations
under the Indian Self-Determination and Education Assistance
Act and through contracts or grants with urban Indian
organizations under title V of the Indian Health Care
Improvement Act: Provided further, That any amounts provided
in this paragraph not allocated pursuant to the preceding
proviso shall be allocated at the discretion of the Director
of the Indian Health Service: Provided further, That of the
funds provided herein, up to $125,000,000 may be transferred
to and merged with the ``Indian Health Service, Indian Health
Facilities'' appropriation at the discretion of the Director
for the purposes specified in this Act: Provided further,
That amounts provided under this heading in this Act, if
transferred to tribes and tribal organizations under the
Indian Self-Determination and Education Assistance Act, will
be transferred on a one-time basis and that these non-
recurring funds are not part of the amount required by 25
U.S.C. Sec. 5325, and that such amounts may only be used for
the purposes identified under this heading notwithstanding
any other provision of law: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For an additional amount for ``Toxic Substances and
Environmental Public Health'', $12,500,000, to remain
available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That $7,500,000 of the funds provided under this
heading in this Act shall be for necessary expenses of the
Geospatial Research, Analysis and Services Program to support
spatial analysis and Geographic Information System mapping of
infectious disease hot spots, including cruise ships:
Provided further, That $5,000,000 of the funds provided under
this heading in this Act shall be for necessary expenses for
awards to Pediatric Environmental Health Specialty Units and
state health departments to provide guidance and outreach on
safe practices for disinfection for home, school, and daycare
facilities: Provided further, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OTHER RELATED AGENCIES
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For an additional amount for ``Payment to the Institute'',
$78,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Smithsonian Institution
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$7,500,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, including funding for deep
cleaning, security, information technology, and staff
overtime: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For an additional amount for ``Operations and
Maintenance'', $25,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including
funding for deep cleaning and information technology to
improve telework capability and for operations and
maintenance requirements related to the consequences of
coronavirus: Provided, That notwithstanding the provisions
of 20 U.S.C. 76h et seq., funds provided under this heading
in this Act shall be made available to cover operating
expenses required to ensure the continuity of the John F.
Kennedy Center for the Performing Arts and its affiliates,
including for employee compensation and benefits, grants,
contracts, payments for rent or utilities, fees for artists
or performers, information technology, and other
administrative expenses: Provided further, That no later
than October 31, 2020, the Board of Trustees of the Center
shall submit a report to the Committees on Appropriations of
the House of Representatives and Senate that includes a
detailed explanation of the distribution of the funds
provided herein: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Foundation on the Arts and Humanities
National Endowment for the Arts
grants and administration
For an additional amount for ``Grants and Administration'',
$75,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, to be distributed in grants:
Provided, That such funds are available under the same terms
and conditions as grant funding appropriated to this heading
in Public Law 116-94: Provided further, That 40 percent of
such funds shall be distributed to State arts agencies and
regional arts organizations and 60 percent of such funds
shall be for direct grants: Provided further, That
notwithstanding any other provision of law, such funds may
also be used by the recipients of such grants for purposes of
the general operations of such recipients: Provided further,
That the matching requirements under subsections (e),
(g)(4)(A), and (p)(3) of section 5 of the National Foundation
on the Arts and Humanities Act of 1965 (20 U.S.C. 954) may be
waived with respect to such grants: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
National Endowment for the Humanities
grants and administration
For an additional amount for ``Grants and Administration'',
$75,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, to be distributed in grants:
Provided, That such funds are available under the same terms
and conditions as grant funding appropriated to this heading
in Public Law 116-94: Provided further, That 40 percent of
such funds shall be distributed to state humanities councils
and 60 percent of such funds shall be for direct grants:
Provided further, That notwithstanding any other provision of
law, such funds may also be used by the recipients of such
grants for purposes of the general operations of such
recipients: Provided further, That the matching requirements
under subsection (h)(2)(A) of section 7 of the National
Foundation on the Arts and Humanities Act of 1965 may be
waived with respect to such grants: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE VIII
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment
Services'', $345,000,000, to remain available through
September 30, 2022, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, for necessary
expenses for the dislocated workers assistance national
reserve: Provided, That the funds provided under this
heading in this Act may be used to replace grant funds
previously obligated to the impacted areas: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page H1802]]
Departmental Management
salaries and expenses
(including transfer of funds)
For an additional amount for ``Departmental Management'',
$15,000,000, to remain available through September 30, 2022,
to prevent, prepare for, and respond to coronavirus,
including to enforce worker protection laws and regulations,
and to oversee and coordinate activities related to division
C, division D, division E, and division F of Public Law 116-
127: Provided, That the Secretary of Labor may transfer the
amounts provided under this heading in this Act as necessary
to ``Employee Benefits Security Administration'', ``Wage and
Hour Division'', ``Occupational Safety and Health
Administration'', and ``Employment and Training
Administration--Program Administration'' to prevent, prepare
for, and respond to coronavirus, including for enforcement,
oversight, and coordination activities in those accounts:
Provided further, That of the amount provided under this
heading in this Act, $1,000,000, to remain available until
expended, shall be transferred to ``Office of Inspector
General'' for oversight of activities related to Public Law
116-127 and for oversight activities supported with funds
appropriated to the Department of Labor to prevent, prepare
for, and respond to coronavirus: Provided further, That 15
days prior to transferring any funds pursuant to the previous
provisos under the heading in this Act, the Secretary shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate an operating plan describing
the planned uses of each amount proposed to be transferred:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and
Program Support'', $4,300,000,000, to remain available until
September 30, 2024, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
not less than $1,500,000,000 of the amount provided under
this heading in this Act shall be for grants to or
cooperative agreements with States, localities, territories,
tribes, tribal organizations, urban Indian health
organizations, or health service providers to tribes,
including to carry out surveillance, epidemiology, laboratory
capacity, infection control, mitigation, communications, and
other preparedness and response activities: Provided
further, That every grantee that received a Public Health
Emergency Preparedness grant for fiscal year 2019 shall
receive not less than 100 percent of that grant level from
funds provided in the first proviso under this heading in
this Act: Provided further, That of the amount in the first
proviso, not less than $125,000,000 shall be allocated to
tribes, tribal organizations, urban Indian health
organizations, or health service providers to tribes:
Provided further, That the Director of the Centers for
Disease Control and Prevention (``CDC'') may satisfy the
funding thresholds outlined in the preceding two provisos by
making awards through other grant or cooperative agreement
mechanisms: Provided further, That of the amount provided
under this heading in this Act, not less than $500,000,000
shall be for global disease detection and emergency response:
Provided further, That of the amount provided under this
heading in this Act, not less than $500,000,000 shall be for
public health data surveillance and analytics infrastructure
modernization: Provided further, That CDC shall report to
the Committees on Appropriations of the House of
Representatives and the Senate on the development of a public
health surveillance and data collection system for
coronavirus within 30 days of enactment of this Act:
Provided further, That of the amount provided under this
heading in this Act, $300,000,000 shall be transferred to and
merged with amounts in the Infectious Diseases Rapid Response
Reserve Fund (``Reserve Fund''), established by section 231
of division B of Public Law 115-245: Provided further, That
the Secretary of Health and Human Services, in consultation
with the Director of the CDC, shall provide a report to the
Committees on Appropriations of the House of Representatives
and the Senate every 14 days, for one year from the date from
any such declaration or determination described in the third
proviso of section 231 of division B of Public Law 115-245,
that details commitment and obligation information for the
Reserve Fund during the prior two weeks, as long as such
report would detail obligations in excess of $5,000,000, and
upon the request by such Committees: Provided further, That
funds appropriated under this heading in this Act may be used
for grants for the rent, lease, purchase, acquisition,
construction, alteration, or renovation of non-federally
owned facilities to improve preparedness and response
capability at the State and local level: Provided further,
That funds provided under this heading in this Act may be
used for purchase and insurance of official motor vehicles in
foreign countries: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Institutes of Health
national heart, lung, and blood institute
For an additional amount for ``National Heart, Lung, and
Blood Institute'', $103,400,000, to remain available until
September 30, 2024, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
national institute of allergy and infectious diseases
For an additional amount for ``National Institute of
Allergy and Infectious Diseases'', $706,000,000, to remain
available until September 30, 2024, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That not less than $156,000,000 of the amounts
provided under this heading in this Act shall be provided for
the study of, construction of, demolition of, renovation of,
and acquisition of equipment for, vaccine and infectious
diseases research facilities of or used by NIH, including the
acquisition of real property: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
national institute of biomedical imaging and bioengineering
For an additional amount for ``National Institute of
Biomedical Imaging and Bioengineering'', $60,000,000, to
remain available until September 30, 2024, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
national library of medicine
For an additional amount for ``National Library of
Medicine'', $10,000,000, to remain available until September
30, 2024, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
national center for advancing translational sciences
For an additional amount for ``National Center for
Advancing Translational Sciences'', $36,000,000, to remain
available until September 30, 2024, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
office of the director
For an additional amount for ``Office of the Director'',
$30,000,000, to remain available until September 30, 2024, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That these funds
shall be available for the Common Fund established under
section 402A(c)(1) of the PHS Act: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Substance Abuse and Mental Health Services Administration
health surveillance and program support
For an additional amount for ``Heath Surveillance and
Program Support'', $425,000,000, to remain available through
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
of the amount appropriated under this heading in this Act,
not less than $250,000,000 is available for Certified
Community Behavioral Health Clinic Expansion Grant program:
Provided further, That of the amount appropriated under this
heading in this Act, not less than $50,000,000 shall be
available for suicide prevention programs: Provided further,
That of the amount appropriated under this heading in this
Act, not less than $100,000,000 is available for activities
authorized under section 501(o) of the Public Health Service
Act: Provided further, That of the funding made available
under this heading in this Act, not less than $15,000,000
shall be allocated to tribes, tribal organizations, urban
Indian health organizations, or health or behavioral health
service providers to tribes: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Centers for Medicare & Medicaid Services
program management
For an additional amount for ``Program Management'',
$200,000,000, to remain available through September 30, 2023,
to prevent, prepare for, and respond to coronavirus,
domestically and internationally: Provided, That of the
amount appropriated under this heading in this Act, not less
than $100,000,000 shall be available for necessary expenses
of the survey and certification program, prioritizing nursing
home facilities in localities with community transmission of
coronavirus: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administration for Children and Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy
Assistance'', $900,000,000, to remain available through
September 30, 2021, to prevent, prepare for, or respond to
coronavirus,
[[Page H1803]]
domestically or internationally, for making payments under
subsection (b) of section 2602 of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Provided,
That of the amount provided under this heading in this Act,
$225,000,000 shall be allocated as though the total
appropriation for such payments for fiscal year 2020 was less
than $1,975,000,000: Provided further, That section
2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B)) shall not
apply to funds made available under this heading in this Act
in fiscal year 2020: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the
Child Care and Development Block Grant'', $3,500,000,000, to
remain available through September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including for federal administrative
expenses, which shall be used to supplement, not supplant
State, Territory, and Tribal general revenue funds for child
care assistance for low-income families within the United
States (including territories) without regard to requirements
in sections 658E(c)(3)(D)-(E) or 658G of the Child Care and
Development Block Grant Act: Provided, That funds provided
under this heading in this Act may be used to provide
continued payments and assistance to child care providers in
the case of decreased enrollment or closures related to
coronavirus, and to assure they are able to remain open or
reopen as appropriate and applicable: Provided further, That
States, Territories, and Tribes are encouraged to place
conditions on payments to child care providers that ensure
that child care providers use a portion of funds received to
continue to pay the salaries and wages of staff: Provided
further, That the Secretary shall remind States that CCDBG
State plans do not need to be amended prior to utilizing
existing authorities in the CCDBG Act for the purposes
provided herein: Provided further, That States, Territories,
and Tribes are authorized to use funds appropriated under
this heading in this Act to provide child care assistance to
health care sector employees, emergency responders,
sanitation workers, and other workers deemed essential during
the response to coronavirus by public officials, without
regard to the income eligibility requirements of section
658P(4) of such Act: Provided further, That funds
appropriated under this heading in this Act shall be
available to eligible child care providers under section
658P(6) of the CCDBG Act, even if such providers were not
receiving CCDBG assistance prior to the public health
emergency as a result of the coronavirus, for the purposes of
cleaning and sanitation, and other activities necessary to
maintain or resume the operation of programs: Provided
further, That payments made under this heading in this Act
may be obligated in this fiscal year or the succeeding two
fiscal years: Provided further, That funds appropriated
under this heading in this Act may be made available to
restore amounts, either directly or through reimbursement,
for obligations incurred to prevent, prepare for, and respond
to coronavirus, domestically or internationally, prior to the
date of enactment of this Act: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
children and families services programs
For an additional amount for ``Children and Families
Services Programs'', $1,874,000,000, to remain available
through September 30, 2021, to prevent, prepare for, and
respond to coronavirus, domestically or internationally,
which shall be used as follows: (1) $1,000,000,000 for
carrying out activities under sections 674 through 679 of the
Community Services Block Grant Act, including for federal
administrative expenses, and of which no part shall be
subject to section 674(b)(3) of such Act: Provided, That to
the extent Community Services Block Grant funds are
distributed as grant funds by a State to an eligible entity
as provided under such Act, and have not been expended by
such entity, they shall remain with such entity for carryover
into the next two fiscal years for expenditure by such entity
consistent with program purpose: Provided further, That for
services furnished under such Act during fiscal years 2020
and 2021, States may apply the last sentence of section
673(2) of such Act by substituting ``200 percent'' for ``125
percent''; (2) $750,000,000 for making payments under the
Head Start Act, including for Federal administrative
expenses, and allocated in an amount that bears the same
ratio to such portion as the number of enrolled children
served by the agency involved bears to the number of enrolled
children by all Head Start agencies: Provided further, That
none of the funds appropriated in this paragraph shall be
included in the calculation of the ``base grant'' in
subsequent fiscal years, as such term is defined in sections
640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start
Act: Provided further, That funds appropriated in this
paragraph are not subject to the allocation requirements of
section 640(a) of the Head Start Act: Provided further, That
up to $500,000,000 shall be available for the purpose of
operating supplemental summer programs through non-
competitive grant supplements to existing grantees determined
to be most ready to operate those programs by the Office of
Head Start; (3) $2,000,000 for the National Domestic Violence
Hotline as authorized by section 303(b) of the Family
Violence Prevention and Services Act: Provided further, That
the Secretary may make such funds available for providing
hotline services remotely; (4) $45,000,000 for Family
Violence Prevention and Services formula grants as authorized
by section 303(a) of the Family Violence and Prevention and
Services Act with such funds available to grantees without
regard to matching requirements under section 306(c)(4) of
such Act: Provided further, That the Secretary may make such
funds available for providing temporary housing and
assistance to victims of family, domestic, and dating
violence; (5) $25,000,000 for carrying out activities under
the Runaway and Homeless Youth Act: Provided further, That
such amounts shall be used to supplement, not supplant,
existing funds and shall be available without regard to
matching requirements; (6) $45,000,000 shall be used for
child welfare services as authorized by subpart 1 of part B
of title IV of the Social Security Act (other than sections
426, 427, and 429 of such subpart), with such funds available
to grantees without regard to matching requirements under
section 424(a) of that Act or any applicable reductions in
federal financial participation under section 424(f) of that
Act; and (7) $7,000,000 for Federal administrative expenses:
Provided further, That funds appropriated under this heading
in this Act may be made available to restore amounts, either
directly or through reimbursement, for obligations incurred
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, prior to the date of
enactment of this Act: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administration for Community Living
aging and disability services programs
For an additional amount for ``Aging and Disability
Services Programs'', $955,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
of the amount made available under this heading in this Act
to prevent, prepare for, and respond to coronavirus,
$820,000,000 shall be for activities authorized under the
Older Americans Act of 1965 (``OAA''), including $200,000,000
for supportive services under part B of title III;
$480,000,000 for nutrition services under subparts 1 and 2 of
part C of title III; $20,000,000 for nutrition services under
title VI; $100,000,000 for support services for family
caregivers under part E of title III; and $20,000,000 for
elder rights protection activities, including the long-term
ombudsman program under title VII of such Act: Provided
further, That of the amount made available under this heading
in this Act, $50,000,000 shall be for aging and disability
resource centers authorized in sections 202(b) and 411 of the
OAA to prevent, prepare for, and respond to coronavirus:
Provided further, That of the amount made available under
this heading in this Act to prevent, prepare for, and respond
to coronavirus, $85,000,000 shall be available for centers
for independent living that have received grants funded under
part C of chapter I of title VII of the Rehabilitation Act of
1973: Provided further, That to facilitate State use of
funds provided under this heading in this Act, matching
requirements under sections 304(d)(1)(D) and 373(g)(2) of the
OAA shall not apply to funds made available under this
heading in this Act: Provided further, That the transfer
authority under section 308(b)(4)(A) of the OAA shall apply
to funds made available under this heading in this Act by
substituting ``100 percent'' for ``40 percent'': Provided
further, That the State Long-Term Care Ombudsman shall have
continuing direct access (or other access through the use of
technology) to residents of long-term care facilities during
any portion of the public health emergency relating to
coronavirus beginning on the date of enactment of this Act
and ending on September 30, 2020, to provide services
described in section 712(a)(3)(B) of the OAA: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social
Services Emergency Fund'', $27,014,500,000, to remain
available until September 30, 2024, to prevent, prepare for,
and respond to coronavirus, domestically or internationally,
including the development of necessary countermeasures and
vaccines, prioritizing platform-based technologies with U.S.-
based manufacturing capabilities, the purchase of vaccines,
therapeutics, diagnostics, necessary medical supplies, as
well as medical surge capacity, addressing blood supply
chain, workforce modernization, telehealth access and
infrastructure, initial advanced manufacturing, novel
dispensing, enhancements to the U.S. Commissioned Corps, and
other preparedness and response activities: Provided, That
funds appropriated under this paragraph in this Act may be
used to develop and demonstrate innovations and enhancements
to manufacturing platforms to support such capabilities:
Provided further, That the Secretary of Health and Human
Services shall purchase vaccines developed using funds made
available under this paragraph in this Act to respond to an
outbreak or pandemic related to coronavirus in quantities
determined by the Secretary to be adequate to address the
public health need: Provided further, That products
purchased by the Federal government with funds made available
under this paragraph in this Act, including vaccines,
therapeutics, and diagnostics, shall be purchased in
accordance with Federal Acquisition Regulation guidance on
fair and reasonable
[[Page H1804]]
pricing: Provided further, That the Secretary may take such
measures authorized under current law to ensure that
vaccines, therapeutics, and diagnostics developed from funds
provided in this Act will be affordable in the commercial
market: Provided further, That in carrying out the previous
proviso, the Secretary shall not take actions that delay the
development of such products: Provided further, That
products purchased with funds appropriated under this
paragraph in this Act may, at the discretion of the Secretary
of Health and Human Services, be deposited in the Strategic
National Stockpile under section 319F-2 of the Public Health
Service Act: Provided further, That of the amount
appropriated under this paragraph in this Act, not more than
$16,000,000,000 shall be for the Strategic National Stockpile
under section 319F-2(a) of such Act: Provided further, That
funds appropriated under this paragraph in this Act may be
transferred to, and merged with, the fund authorized by
section 319F-4, the Covered Countermeasure Process Fund, of
the Public Health Service Act: Provided further, That of the
amount appropriated under this paragraph in this Act, not
less than $250,000,000 shall be available for grants to or
cooperative agreements with entities that are either grantees
or sub-grantees of the Hospital Preparedness Program
authorized in section 319C-2 of the Public Health Service Act
or that meet such other criteria as the Secretary may
prescribe, with such awards issued under such section or
section 311 of such Act: Provided further, That of the
amount provided under this paragraph in this Act, not less
than $3,500,000,000 shall be available to the Biomedical
Advanced Research and Development Authority for necessary
expenses of manufacturing, production, and purchase, at the
discretion of the Secretary, of vaccines, therapeutics,
diagnostics, and small molecule active pharmaceutical
ingredients, including the development, translation, and
demonstration at scale of innovations in manufacturing
platforms: Provided further, That funds in the previous
proviso may be used for the construction or renovation of
U.S.-based next generation manufacturing facilities, other
than facilities owned by the United States Government:
Provided further, That of the amount appropriated under this
paragraph in this Act, funds may be used to reimburse the
Department of Veterans Affairs for expenses incurred by the
Veterans Health Administration to prevent, prepare for, and
respond to coronavirus, and to provide medical care for such
purposes to individuals not otherwise eligible for care:
Provided further, That funds used for the preceding proviso
shall be made available to reimburse the Department of
Veterans Affairs only if the Secretary of Health and Human
Services certifies to the Committees on Appropriations of the
House of Representatives and the Senate that funds available
for assignments under Public Law 93-288, as amended, are
insufficient and such funds are necessary to reimburse the
Department of Veterans Affairs for expenses incurred to
provide health care to civilians: Provided further, That the
Secretary shall notify the Committees on Appropriations of
the House of Representatives and the Senate not less than 3
days prior to such certification: Provided further, That of
the amounts appropriated under this paragraph in this Act,
not more than $289,000,000 may be transferred as necessary to
other federal agencies for necessary expenses related to
medical care that are incurred to prevent, prepare for, and
respond to coronavirus for persons eligible for treatment
pursuant to section 322 of the Public Health Service Act, as
amended, as determined by the Secretary of the recipient
agency: Provided further, That of the amount appropriated
under this paragraph in this Act, $1,500,000 shall be
available for the Secretary to enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine
not later than 60 days after the date of enactment of this
Act to examine, and, in a manner that does not compromise
national security, report on, the security of the United
States medical product supply chain: Provided further, That
funds appropriated under this paragraph in this Act may be
used for grants for the construction, alteration, or
renovation of non-federally owned facilities to improve
preparedness and response capability at the State and local
level: Provided further, That funds appropriated under this
paragraph in this Act may be used for the construction,
alteration, or renovation of non-federally owned facilities
for the production of vaccines, therapeutics, and diagnostics
where the Secretary determines that such a contract is
necessary to secure sufficient amounts of such supplies:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
For an additional amount for the ``Public Health and Social
Services Emergency Fund'', $275,000,000, to remain available
until September 30, 2022, to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided, That $90,000,000 of the funds appropriated under
this paragraph shall be transferred to ``Health Resources and
Services Administration--Ryan White HIV/AIDS Program'' to
remain available until September 30, 2022 for modifications
to existing contracts, and supplements to existing grants and
cooperative agreements under parts A, B, C, D, and section
2692(a) of title XXVI of the Public Health Service Act
(referred to as ``PHS'' Act) to respond to coronavirus,
domestically or internationally: Provided further, That
supplements made in the preceding proviso shall be awarded
using a data-driven methodology determined by the Secretary:
Provided further, That sections 2604(c), 2612(b), and 2651(c)
of the PHS Act shall not apply to funds under this paragraph:
Provided further, That $5,000,000 of the funds appropriated
under this paragraph shall be transferred to ``Health
Resources and Services Administration--Health Care Systems''
to remain available until September 30, 2022, for activities
under sections 1271 and 1273 of the PHS Act to improve the
capacity of poison control centers to respond to increased
calls: Provided further, That $180,000,000 of the funds
appropriated under this paragraph shall be transferred to
``Health Resources and Services Administration--Rural
Health'' to remain available until September 30, 2022, to
carry out telehealth and rural health activities under
sections 330A and 330I of the PHS Act and sections 711 and
1820 of the Social Security Act to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided further, That of the funding in the previous
proviso, no less than $15,000,000 shall be allocated to
tribes, tribal organizations, urban Indian health
organizations, or health service providers to tribes:
Provided further, That section 1820(g)(3)(A), section
1820(g)(3)(D) and section 1820(g)(3)(E) of such Act shall not
apply to funds in the preceding two provisos: Provided
further, That funds appropriated under this heading in this
Act may be made available to restore amounts, either directly
or through reimbursement, for obligations incurred to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, prior to the date of
enactment of this Act: Provided further, That for the
purposes of any funding provided for fiscal year 2020 for the
Health Centers Program pursuant to section 330 of the PHS Act
(42 U.S.C. 254b), maintaining or increasing health center
capacity and staffing levels during a public health emergency
related to coronavirus shall be deemed a cost of prevention,
diagnosis, and treatment of coronavirus: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
For an additional amount for ``Public Health and Social
Services Emergency Fund'', $100,000,000,000, to remain
available until expended, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, for
necessary expenses to reimburse, through grants or other
mechanisms, eligible health care providers for health care
related expenses or lost revenues that are attributable to
coronavirus: Provided, That these funds may not be used to
reimburse expenses or losses that have been reimbursed from
other sources or that other sources are obligated to
reimburse: Provided further, That recipients of payments
under this paragraph shall submit reports and maintain
documentation as the Secretary determines are needed to
ensure compliance with conditions that are imposed by this
paragraph for such payments, and such reports and
documentation shall be in such form, with such content, and
in such time as the Secretary may prescribe for such purpose:
Provided further, That ``eligible health care providers''
means public entities, Medicare or Medicaid enrolled
suppliers and providers, and such for-profit entities and
not-for-profit entities not otherwise described in this
proviso as the Secretary may specify, within the United
States (including territories), that provide diagnoses,
testing, or care for individuals with possible or actual
cases of COVID-19: Provided further, That the Secretary of
Health and Human Services shall, on a rolling basis, review
applications and make payments under this paragraph in this
Act: Provided further, That funds appropriated under this
paragraph in this Act shall be available for building or
construction of temporary structures, leasing of properties,
medical supplies and equipment including personal protective
equipment and testing supplies, increased workforce and
trainings, emergency operation centers, retrofitting
facilities, and surge capacity: Provided further, That, in
this paragraph, the term ``payment'' means a pre-payment,
prospective payment, or retrospective payment, as determined
appropriate by the Secretary: Provided further, That
payments under this paragraph shall be made in consideration
of the most efficient payment systems practicable to provide
emergency payment: Provided further, That to be eligible for
a payment under this paragraph, an eligible health care
provider shall submit to the Secretary of Health and Human
Services an application that includes a statement justifying
the need of the provider for the payment and the eligible
health care provider shall have a valid tax identification
number: Provided further, That, not later than 3 years after
final payments are made under this paragraph, the Office of
Inspector General of the Department of Health and Human
Services shall transmit a final report on audit findings with
respect to this program to the Committees on Appropriations
of the House of Representatives and the Senate: Provided
further, That nothing in this section limits the authority of
the Inspector General or the Comptroller General to conduct
audits of interim payments at an earlier date: Provided
further, That not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall provide a report to the Committees on
Appropriations of the House of Representatives and the Senate
on obligation of funds, including obligations to such
eligible health care providers summarized by State of the
payment receipt: Provided further, That such reports shall
be updated and submitted to such Committees every 60 days
until funds are expended: Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF EDUCATION
education stabilization fund
For an additional amount for ``Education Stabilization
Fund'', $30,750,000,000, to remain
[[Page H1805]]
available through September 30, 2021, to prevent, prepare
for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
General Provisions
education stabilization fund
Sec. 18001. (a) Allocations.--From the amount made
available under this heading in this Act to carry out the
Education Stabilization Fund, the Secretary shall first
allocate--
(1) not more than 1/2 of 1 percent to the outlying areas on
the basis of their respective needs, as determined by the
Secretary, in consultation with the Secretary of the
Interior;
(2) one-half of 1 percent for the Secretary of Interior, in
consultation with the Secretary of Education, for programs
operated or funded by the Bureau of Indian Education; and
(3) 1 percent for grants to States with the highest
coronavirus burden to support activities under this heading
in this Act, for which the Secretary shall issue a notice
inviting applications not later than 30 days of enactment of
this Act and approve or deny applications not later than 30
days after receipt.
(b) Reservations.--After carrying out subsection (a), the
Secretary shall reserve the remaining funds made available as
follows:
(1) 9.8 percent to carry out section 18002 of this title.
(2) 43.9 percent to carry out section 18003 of this title.
(3) 46.3 percent to carry out section 18004 of this title.
governor's emergency education relief fund
Sec. 18002. (a) Grants.--From funds reserved under section
18001(b)(1) of this title, the Secretary shall make Emergency
Education Relief grants to the Governor of each State with an
approved application. The Secretary shall issue a notice
inviting applications not later than 30 days of enactment of
this Act and shall approve or deny applications not later
than 30 days after receipt.
(b) Allocations.--The amount of each grant under subsection
(a) shall be allocated by the Secretary to each State as
follows:
(1) 60 percent on the basis of their relative population of
individuals aged 5 through 24.
(2) 40 percent on the basis of their relative number of
children counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (referred to under this
heading as ``ESEA'').
(c) Uses of Funds.--Grant funds awarded under subsection
(b) may be used to--
(1) provide emergency support through grants to local
educational agencies that the State educational agency deems
have been most significantly impacted by coronavirus to
support the ability of such local educational agencies to
continue to provide educational services to their students
and to support the on-going functionality of the local
educational agency;
(2) provide emergency support through grants to
institutions of higher education serving students within the
State that the Governor determines have been most
significantly impacted by coronavirus to support the ability
of such institutions to continue to provide educational
services and support the on-going functionality of the
institution; and
(3) provide support to any other institution of higher
education, local educational agency, or education related
entity within the State that the Governor deems essential for
carrying out emergency educational services to students for
authorized activities described in section 18003(d)(1) of
this title or the Higher Education Act, the provision of
child care and early childhood education, social and
emotional support, and the protection of education-related
jobs.
(d) Reallocation.--Each Governor shall return to the
Secretary any funds received under this section that the
Governor does not award within one year of receiving such
funds and the Secretary shall reallocate such funds to the
remaining States in accordance with subsection (b).
elementary and secondary school emergency relief fund
Sec. 18003. (a) Grants.--From funds reserved under section
18001(b)(2) of this title, the Secretary shall make
elementary and secondary school emergency relief grants to
each State educational agency with an approved application.
The Secretary shall issue a notice inviting applications not
later than 30 days of enactment of this Act and approve or
deny applications not later than 30 days after receipt.
(b) Allocations to States.--The amount of each grant under
subsection (a) shall be allocated by the Secretary to each
State in the same proportion as each State received under
part A of title I of the ESEA of 1965 in the most recent
fiscal year.
(c) Subgrants to Local Educational Agencies.--Each State
shall allocate not less than 90 percent of the grant funds
awarded to the State under this section as subgrants to local
educational agencies (including charter schools that are
local educational agencies) in the State in proportion to the
amount of funds such local educational agencies and charter
schools that are local educational agencies received under
part A of title I of the ESEA of 1965 in the most recent
fiscal year.
(d) Uses of Funds.--A local educational agency that
receives funds under this title may use the funds for any of
the following:
(1) Any activity authorized by the ESEA of 1965, including
the Native Hawaiian Education Act and the Alaska Native
Educational Equity, Support, and Assistance Act (20 U.S.C.
6301 et seq.), the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) (``IDEA''), the Adult Education
and Family Literacy Act (20 U.S.C. 1400 et seq.), the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.) (``the Perkins Act''), or subtitle B of title
VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431 et seq.).
(2) Coordination of preparedness and response efforts of
local educational agencies with State, local, Tribal, and
territorial public health departments, and other relevant
agencies, to improve coordinated responses among such
entities to prevent, prepare for, and respond to coronavirus.
(3) Providing principals and others school leaders with the
resources necessary to address the needs of their individual
schools.
(4) Activities to address the unique needs of low-income
children or students, children with disabilities, English
learners, racial and ethnic minorities, students experiencing
homelessness, and foster care youth, including how outreach
and service delivery will meet the needs of each population.
(5) Developing and implementing procedures and systems to
improve the preparedness and response efforts of local
educational agencies.
(6) Training and professional development for staff of the
local educational agency on sanitation and minimizing the
spread of infectious diseases.
(7) Purchasing supplies to sanitize and clean the
facilities of a local educational agency, including buildings
operated by such agency.
(8) Planning for and coordinating during long-term
closures, including for how to provide meals to eligible
students, how to provide technology for online learning to
all students, how to provide guidance for carrying out
requirements under the Individuals with Disabilities
Education Act (20 U.S.C. 1401 et seq.) and how to ensure
other educational services can continue to be provided
consistent with all Federal, State, and local requirements.
(9) Purchasing educational technology (including hardware,
software, and connectivity) for students who are served by
the local educational agency that aids in regular and
substantive educational interaction between students and
their classroom instructors, including low-income students
and students with disabilities, which may include assistive
technology or adaptive equipment.
(10) Providing mental health services and supports.
(11) Planning and implementing activities related to summer
learning and supplemental afterschool programs, including
providing classroom instruction or online learning during the
summer months and addressing the needs of low-income
students, students with disabilities, English learners,
migrant students, students experiencing homelessness, and
children in foster care.
(12) Other activities that are necessary to maintain the
operation of and continuity of services in local educational
agencies and continuing to employ existing staff of the local
educational agency.
(e) State Funding.--With funds not otherwise allocated
under subsection (c), a State may reserve not more than 1/2
of 1 percent for administrative costs and the remainder for
emergency needs as determined by the state educational agency
to address issues responding to coronavirus, which may be
addressed through the use of grants or contracts.
(f) Reallocation.--A State shall return to the Secretary
any funds received under this section that the State does not
award within 1 year of receiving such funds and the Secretary
shall reallocate such funds to the remaining States in
accordance with subsection (b).
higher education emergency relief fund
Sec. 18004. (a) In General.--The Secretary shall allocate
funding under this section as follows:
(1) 90 percent to each institution of higher education to
prevent, prepare for, and respond to coronavirus, by
apportioning it--
(A) 75 percent according to the relative share of full-time
equivalent enrollment of Federal Pell Grant recipients who
are not exclusively enrolled in distance education courses
prior to the coronavirus emergency; and
(B) 25 percent according to the relative share of full-time
equivalent enrollment of students who were not Federal Pell
Grant recipients who are not exclusively enrolled in distance
education courses prior to the coronavirus emergency.
(2) 7.5 percent for additional awards under parts A and B
of title III, parts A and B of title V, and subpart 4 of part
A of title VII of the Higher Education Act to address needs
directly related to coronavirus, that shall be in addition to
awards made in section 18004(a)(1) of this title, and
allocated by the Secretary proportionally to such programs
based on the relative share of funding appropriated to such
programs in the Further Consolidated Appropriations Act, 2020
(Public Law 116-94) and which may be used to defray expenses
(including lost revenue, reimbursement for expenses already
incurred, technology costs associated with a transition to
distance education, faculty and staff trainings, payroll)
incurred by institutions of higher education and for grants
to students for any component of the student's cost of
attendance (as defined under section 472 of the Higher
Education Act), including food, housing, course materials,
technology, health care, and child care.
(3) 2.5 percent for part B of title VII of the Higher
Education Act for institutions of higher education that the
Secretary determines have the greatest unmet needs related to
coronavirus, which may be used to defray expenses (including
lost revenue, reimbursement for expenses already incurred,
technology costs associated with a transition to distance
education, faculty and staff trainings, payroll) incurred by
institutions
[[Page H1806]]
of higher education and for grants to students for any
component of the student's cost of attendance (as defined
under section 472 of the Higher Education Act), including
food, housing, course materials, technology, health care, and
child care.
(b) Distribution.--The funds made available to each
institution under subsection (a)(1) shall be distributed by
the Secretary using the same systems as the Secretary
otherwise distributes funding to each institution under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
(c) Uses of Funds.--Except as otherwise specified in
subsection (a), an institution of higher education receiving
funds under this section may use the funds received to cover
any costs associated with significant changes to the delivery
of instruction due to the coronavirus, so long as such costs
do not include payment to contractors for the provision of
pre-enrollment recruitment activities; endowments; or capital
outlays associated with facilities related to athletics,
sectarian instruction, or religious worship. Institutions of
higher education shall use no less than 50 percent of such
funds to provide emergency financial aid grants to students
for expenses related to the disruption of campus operations
due to coronavirus (including eligible expenses under a
student's cost of attendance, such as food, housing, course
materials, technology, health care, and child care).
(d) Special Provisions.--(1) In awarding grants under
section 18004(a)(3) of this title, the Secretary shall give
priority to any institution of higher education that is not
otherwise eligible for funding under paragraphs (1) and (2)
of section 18004(a) of this title of at least $500,000 and
demonstrates significant unmet needs related to expenses
associated with coronavirus.
(2) A Historically Black College and University or a
Minority Serving Institution may use prior awards provided
under titles III, V, and VII of the Higher Education Act to
prevent, prepare for, and respond to coronavirus.
(e) Report.--An institution receiving funds under this
section shall submit a report to the Secretary, at such time
and in such manner as the Secretary may require, that
describes the use of funds provided under this section.
assistance to non-public schools
Sec. 18005. (a) In General.--A local educational agency
receiving funds under sections 18002 or 18003 of this title
shall provide equitable services in the same manner as
provided under section 1117 of the ESEA of 1965 to students
and teachers in non-public schools, as determined in
consultation with representatives of non-public schools.
(b) Public Control of Funds.--The control of funds for the
services and assistance provided to a non-public school under
subsection (a), and title to materials, equipment, and
property purchased with such funds, shall be in a public
agency, and a public agency shall administer such funds,
materials, equipment, and property and shall provide such
services (or may contract for the provision of such services
with a public or private entity).
continued payment to employees
Sec. 18006. A local educational agency, State, institution
of higher education, or other entity that receives funds
under ``Education Stabilization Fund'', shall to the greatest
extent practicable, continue to pay its employees and
contractors during the period of any disruptions or closures
related to coronavirus.
definitions
Sec. 18007. Except as otherwise provided in sections
18001-18006 of this title, as used in such sections--
(1) the terms ``elementary education'' and ``secondary
education'' have the meaning given such terms under State
law;
(2) the term ``institution of higher education'' has the
meaning given such term in title I of the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.);
(3) the term ``Secretary'' means the Secretary of
Education;
(4) the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(5) the term ``cost of attendance'' has the meaning given
such term in section 472 of the Higher Education Act of 1965.
(6) the term ``Non-public school'' means a non-public
elementary and secondary school that (A) is accredited,
licensed, or otherwise operates in accordance with State law;
and (B) was in existence prior to the date of the qualifying
emergency for which grants are awarded under this section;
(7) the term ``public school'' means a public elementary or
secondary school; and
(8) any other term used that is defined in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801) shall have the meaning given the term in such section.
maintenance of effort
Sec. 18008. (a) A State's application for funds to carry
out sections 18002 or 18003 of this title shall include
assurances that the State will maintain support for
elementary and secondary education, and State support for
higher education (which shall include State funding to
institutions of higher education and state need-based
financial aid, and shall not include support for capital
projects or for research and development or tuition and fees
paid by students) in fiscal years 2020 and 2021 at least at
the levels of such support that is the average of such
State's support for elementary and secondary education and
for higher education provided in the 3 fiscal years preceding
the date of enactment of this Act.
(b) The secretary may waive the requirement in subsection
(a) for the purpose of relieving fiscal burdens on States
that have experienced a precipitous decline in financial
resources.
safe schools and citizenship education
For an additional amount for ``Safe Schools and Citizenship
Education'', $100,000,000, to remain available through
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, to supplement
funds otherwise available for ``Project SERV'', including to
help elementary, secondary and postsecondary schools clean
and disinfect affected schools, and assist in counseling and
distance learning and associated costs: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
gallaudet university
For an additional amount for ``Gallaudet University'',
$7,000,000, to remain available through September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including to help defray the
expenses directly caused by coronavirus and to enable grants
to students for expenses directly related to coronavirus and
the disruption of university operations: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Student Aid Administration
For an additional amount for ``Student Aid
Administration'', $40,000,000, to remain available through
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, for carrying
out part D of title I, and subparts 1, 3, 9 and 10 of part A,
and parts B, C, D, and E of title IV of the HEA, and subpart
1 of part A of title VII of the Public Health Service Act:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Howard University
For an additional amount for ``Howard University'',
$13,000,000, to remain available through September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including to help defray the
expenses directly caused by coronavirus and to enable grants
to students for expenses directly related to coronavirus and
the disruption of university operations: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Departmental Management
program administration
For an additional amount for ``Program Administration'',
$8,000,000, to remain available through September 30, 2021 to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
office of the inspector general
For an additional amount for ``Office of the Inspector
General'', $7,000,000, to remain available through September
30, 2022, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including for
salaries and expenses necessary for oversight and audit of
programs, grants, and projects funded in this Act to respond
to coronavirus: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Corporation for Public Broadcasting
For an additional amount for ``Corporation for Public
Broadcasting'', $75,000,000, to remain available through
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, including for fiscal stabilization grants to
public telecommunications entities, as defined by 47 U.S.C.
397(12), with no deduction for administrative or other costs
of the Corporation, to maintain programming and services and
preserve small and rural stations threatened by declines in
non-Federal revenues: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For an additional amount for ``Institute of Museum and
Library Services'', $50,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, including grants to States, territories and
tribes to expand digital network access, purchase internet
accessible devices, and provide technical support services:
Provided, That any matching funds requirements for States,
tribes, libraries, and museums are waived for grants provided
with funds made available under this heading in this Act:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Railroad Retirement Board
limitation on administration
For an additional amount for the ``Railroad Retirement
Board'', $5,000,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus,
including the purchase of information technology equipment to
improve the mobility of the workforce
[[Page H1807]]
and provide for additional hiring or overtime hours as needed
to administer the Railroad Unemployment Insurance Act:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Social Security Administration
limitation on administrative expenses
For an additional amount for ``Limitation on Administrative
Expenses'', $300,000,000, to remain available through
September 30, 2021 to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including
paying the salaries and benefits of all employees affected as
a result of office closures, telework, phone and
communication services for employees, overtime costs, and
supplies, and for resources necessary for processing
disability and retirement workloads and backlogs: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 18108. Funds appropriated by this title may be used
by the Secretary of the Department of Health and Human
Services to appoint, without regard to the provisions of
sections 3309 through 3319 of title 5 of the United States
Code, candidates needed for positions to perform critical
work relating to coronavirus for which--
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has
determined that such a public health threat exists.
Sec. 18109. Funds made available by this title may be used
to enter into contracts with individuals for the provision of
personal services (as described in section 104 of part 37 of
title 48, Code of Federal Regulations (48 CFR 37.104)) to
support the prevention of, preparation for, or response to
coronavirus, domestically and internationally, subject to
prior notification to the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That such
individuals may not be deemed employees of the United States
for the purpose of any law administered by the Office of
Personnel Management: Provided further, That the authority
made available pursuant to this section shall expire on
September 30, 2024.
Sec. 18110. (a) If services performed by an employee during
fiscal year 2020 are determined by the head of the agency to
be primarily related to preparation, prevention, or response
to coronavirus, any premium pay for such services shall be
disregarded in calculating the aggregate of such employee's
basic pay and premium pay for purposes of a limitation under
section 5547(a) of title 5, United States Code, or under any
other provision of law, whether such employee's pay is paid
on a biweekly or calendar year basis.
(b) Any overtime pay for such services shall be disregarded
in calculating any annual limit on the amount of overtime pay
payable in a calendar or fiscal year.
(c) With regard to such services, any pay that is
disregarded under either subsection (a) or (b) shall be
disregarded in calculating such employee's aggregate pay for
purposes of the limitation in section 5307 of such title 5.
(d)(1) Pay that is disregarded under subsection (a) or (b)
shall not cause the aggregate of the employee's basic pay and
premium pay for the applicable calendar year to exceed the
rate of basic pay payable for a position at level II of the
Executive Schedule under section 5313 of title 5, United
States Code, as in effect at the end of such calendar year.
(2) For purposes of applying this subsection to an employee
who would otherwise be subject to the premium pay limits
established under section 5547 of title 5, United States
Code, ``premium pay'' means the premium pay paid under the
provisions of law cited in section 5547(a).
(3) For purposes of applying this subsection to an employee
under a premium pay limit established under an authority
other than section 5547 of title 5, United States Code, the
agency responsible for administering such limit shall
determine what payments are considered premium pay.
(e) This section shall take effect as if enacted on
February 2, 2020.
(f) If application of this section results in the payment
of additional premium pay to a covered employee of a type
that is normally creditable as basic pay for retirement or
any other purpose, that additional pay shall not--
(1) be considered to be basic pay of the covered employee
for any purpose; or
(2) be used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under
section 5551 or section 5552 of title 5, United States Code.
Sec. 18111. Funds appropriated by this title to the
heading ``Department of Health and Human Services'' may be
transferred to, and merged with, other appropriation accounts
under the headings ``Centers for Disease Control and
Prevention'', ``Public Health and Social Services Emergency
Fund'', ``Administration for Children and Families'',
``Administration for Community Living'', and ``National
Institutes of Health'' to prevent, prepare for, and respond
to coronavirus following consultation with the Office of
Management and Budget: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate
shall be notified 10 days in advance of any such transfer:
Provided further, That, upon a determination that all or part
of the funds transferred from an appropriation by this title
are not necessary, such amounts may be transferred back to
that appropriation: Provided further, That none of the funds
made available by this title may be transferred pursuant to
the authority in section 205 of division A of Public Law 116-
94 or section 241(a) of the PHS Act.
Sec. 18112. Not later than 30 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall provide a detailed spend plan of anticipated
uses of funds made available to the Department of Health and
Human Services in this Act, including estimated personnel and
administrative costs, to the Committees on Appropriations of
the House of Representatives and the Senate: Provided, That
such plans shall be updated and submitted to such Committees
every 60 days until September 30, 2024: Provided further,
That the spend plans shall be accompanied by a listing of
each contract obligation incurred that exceeds $5,000,000
which has not previously been reported, including the amount
of each such obligation.
Sec. 18113. Of the funds appropriated by this title under
the heading ``Public Health and Social Services Emergency
Fund'', up to $4,000,000 shall be transferred to, and merged
with, funds made available under the heading ``Office of the
Secretary, Office of Inspector General'', and shall remain
available until expended, for oversight of activities
supported with funds appropriated to the Department of Health
and Human Services to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
the Inspector General of the Department of Health and Human
Services shall consult with the Committees on Appropriations
of the House of Representatives and the Senate prior to
obligating such funds: Provided further, That the transfer
authority provided by this section is in addition to any
other transfer authority provided by law.
Sec. 18114. (a) Funds appropriated in title III of the
Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020 (Public Law 116-123) shall be paid
to the ``Department of Homeland Security--Countering Weapons
of Mass Destruction Office--Federal Assistance''account for
costs incurred, including to reimburse costs incurred prior
to the enactment of this Act, under other transaction
authority and related to screening for coronavirus,
domestically or internationally.
(b) The term coronavirus has the meaning given the term in
section 506 of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020.
(c) The amounts repurposed in this section that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 18115. (a) In General.--Every laboratory that performs
or analyzes a test that is intended to detect SARS-CoV-2 or
to diagnose a possible case of COVID-19 shall report the
results from each such test, to the Secretary of Health and
Human Services in such form and manner, and at such timing
and frequency, as the Secretary may prescribe until the end
of the Secretary's Public Health Emergency declaration with
respect to COVID-19 or any extension of such declaration.
(b) Laboratories Covered.--The Secretary may prescribe
which laboratories must submit reports pursuant to this
section.
(c) Implementation.--The Secretary may make prescriptions
under this section by regulation, including by interim final
rule, or by guidance, and may issue such regulations or
guidance without regard to the procedures otherwise required
by section 553 of title 5, United States Code.
(d) Repealer.--Section 1702 of division A of the Families
First Coronavirus Response Act is repealed.
TITLE IX
LEGISLATIVE BRANCH
SENATE
Contingent Expenses of the Senate
sergeant at arms and doorkeeper of the senate
For an additional amount for ``Sergeant at Arms and
Doorkeeper of the Senate'', $1,000,000, to remain available
until expended, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
miscellaneous items
For an additional amount for ``Miscellaneous Items'',
$9,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, subject to approval by the Committee on
Appropriations of the Senate and the Senate Committee on
Rules and Administration: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$25,000,000, to remain available until September 30, 2021,
except that $5,000,000 shall remain available until expended,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, to be allocated in
accordance with a spend plan submitted to the Committee on
Appropriations of the House of Representatives by the Chief
Administrative Officer and approved by such Committee:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page H1808]]
JOINT ITEMS
Office of the Attending Physician
For an additional amount for ``Office of the Attending
Physician'', $400,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Capitol Police
salaries
For an additional amount for ``Salaries'', $12,000,000, to
remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That the Capitol Police may
transfer amounts appropriated under this heading in this Act
to ``General Expenses'' without the approval requirement of 2
U.S.C. 1907(a): Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For an additional amount for ``Capital Construction and
Operations'', $25,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including to
purchase and distribute cleaning and sanitation products
throughout all facilities and grounds under the care of the
Architect of the Capitol, wherever located, and any related
services and operational costs: Provided, That the Architect
of the Capitol shall provide a report within 30 days
enactment of this Act, and every 30 days thereafter, to the
Committees on Appropriations of the Senate and House of
Representatives, the Senate Committee on Rules and
Administration, and the Committee on House Administration on
expenditure of funds from amounts appropriated under this
heading in this Act: Provided further, That this amount
shall be in addition to any other funds available for such
purposes in appropriations Acts for the legislative branch:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
LIBRARY OF CONGRESS
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$700,000, to remain available until September 30, 2020, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, to be made available to the
Little Scholars Child Development Center, subject to approval
by the Committees on Appropriations of the Senate and House
of Representatives, the Senate Committee on Rules and
Administration, and the Committee on House Administration:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$20,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, for audits and investigations and for
reimbursement of the Tiny Findings Child Development Center
for salaries for employees, as authorized by this Act:
Provided, That not later than 90 days after the date of
enactment of this Act, the Government Accountability Office
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a spend plan specifying
funding estimates and a timeline for such audits and
investigations: Provided further, That $600,000 shall be
made available to the Tiny Findings Child Development Center,
subject to approval by the Committees on Appropriations of
the Senate and House of Representatives, the Senate Committee
on Rules and Administration, and the Committee on House
Administration: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
source of funds used for payment of salaries and expenses of senate
employee child care center
Sec. 19001. The Secretary of the Senate shall reimburse the
Senate Employee Child Care Center for personnel costs
incurred starting on April 1, 2020, for employees of such
Center who have been ordered to cease working due to measures
taken in the Capitol complex to combat coronavirus, not to
exceed $84,000 per month, from amounts in the appropriations
account ``Miscellaneous Items'' within the contingent fund of
the Senate.
source of funds used for payment of salaries and expenses of house of
representatives child care center
Sec. 19002. (a) Authorizing Use of Revolving Fund or
Appropriated Funds.--Section 312(d)(3)(A) of the Legislative
Branch Appropriations Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is
amended--
(1) in subparagraph (A), by striking the period at the end
and inserting the following: ``, and, at the option of the
Chief Administrative Officer during an emergency situation,
the payment of the salary of other employees of the
Center.''; and
(2) by adding at the end the following new subparagraph:
``(C) During an emergency situation, the payment of such
other expenses for activities carried out under this section
as the Chief Administrative Officer determines
appropriate.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to fiscal year 2020 and each
succeeding fiscal year.
payments to ensure continuing availability of goods and services during
the coronavirus emergency
Sec. 19003. (a) Authorization to Make Payments.--
Notwithstanding any other provision of law and subject to
subsection (b), during an emergency situation, the Chief
Administrative Officer of the House of Representatives may
make payments under contracts with vendors providing goods
and services to the House in amounts and under terms and
conditions other than those provided under the contract in
order to ensure that those goods and services remain
available to the House throughout the duration of the
emergency.
(b) Conditions.--
(1) Approval required.--The Chief Administrative Officer
may not make payments under the authority of subsection (a)
without the approval of the Committee on House Administration
of the House of Representatives.
(2) Availability of appropriations.--The authority of the
Chief Administrative Officer to make payments under the
authority of subsection (a) is subject to the availability of
appropriations to make such payments.
(c) Applicability.--This section shall apply with respect
to fiscal year 2020 and each succeeding fiscal year.
source of funds used for payment of salaries and expenses of little
scholars child development center
Sec. 19004. The Library of Congress shall reimburse Little
Scholars Child Development Center for salaries for employees
incurred from April 1, 2020, to September 30, 2020, for
employees of such Center who have been ordered to cease
working due to measures taken in the Capitol complex to
combat coronavirus, not to exceed $113,000 per month, from
amounts in the appropriations account ``Library of Congress--
Salaries and Expenses''.
authorizing payments under service contracts during the coronavirus
emergency
Sec. 19005. (a) Authorizing Payments.--Notwithstanding
section 3324(a) of title 31, United States Code, or any other
provision of law and subject to subsection (b), if the
employees of a contractor with a service contract with the
Architect of the Capitol are furloughed or otherwise unable
to work during closures, stop work orders, or reductions in
service arising from or related to the impacts of
coronavirus, the Architect of the Capitol may continue to
make the payments provided for under the contract for the
weekly salaries and benefits of such employees for not more
than 16 weeks.
(b) Availability of Appropriations.--The authority of the
Architect of the Capitol to make payments under the authority
of subsection (a) is subject to the availability of
appropriations to make such payments.
(c) Regulations.--The Architect of the Capitol shall
promulgate such regulations as may be necessary to carry out
this section.
mass mailings as franked mail
Sec. 19006. (a) Waiver.--Section 3210(a)(6)(D) of title
39, United States Code, is amended by striking the period at
the end of the first sentence and inserting the following:
``, and in the case of the Commission, to waive this
paragraph in the case of mailings sent in response to or to
address threats to life safety.''.
(b) Effective Date.--The amendments made by this subsection
shall apply with respect to mailings sent on or after the
date of the enactment of this Act.
technical correction
Sec. 19007. In the matter preceding the first proviso under
the heading ``Library of Congress--Salaries and Expenses'' in
division E of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94), strike `` $504,164,000'' and insert
`` $510,164,000''.
conforming amendment
Sec. 19008. Section 110(a)(1)(A) of the Family and Medical
Leave Act of 1993 (as added by section 3102 of the Families
First Coronavirus Response Act (Public Law 116-127)) is
amended--
(1) by inserting before ``In lieu of'' the following:
``(i) In general.--''; and
(2) by adding at the end the following:
``(ii) Special rule.--For purposes of applying section
102(a)(1)(F) and this section under the Congressional
Accountability Act of 1995, in lieu of the definition in
section 202(a)(2)(B) of that Act (2 U.S.C. 1312(a)(2)(B)),
the term `eligible employee' means a covered employee (as
defined in section 101 of that Act (2 U.S.C. 1301)) who has
been employed for at least 30 calendar days by the employing
office (as so defined) with respect to whom leave is
requested under section 102(a)(1)(F).''.
source of funds used for payment of salaries and expenses of tiny
findings child development center
Sec. 19009. The Government Accountability Office may
reimburse the Tiny Findings Child Development Center for
salaries for employees incurred from April 1, 2020, to
September 30, 2020, for employees of such Center who have
been ordered to cease working due to measures taken in the
Capitol complex to combat coronavirus, not to exceed $100,000
per month, from amounts in the appropriations account
``Government Accountability Office--Salaries and Expenses''.
oversight and audit authority
Sec. 19010. (a) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
[[Page H1809]]
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on Homeland Security of the House of
Representatives;
(F) the Committee on Oversight and Reform of the House of
Representatives; and
(G) the Committee on Energy and Commerce of the House of
Representatives; and
(2) the term ``Comptroller General'' means the Comptroller
General of the United States.
(b) Authority.--The Comptroller General shall conduct
monitoring and oversight of the exercise of authorities, or
the receipt, disbursement, and use of funds made available,
under this Act or any other Act to prepare for, respond to,
and recover from the Coronavirus 2019 pandemic and the effect
of the pandemic on the health, economy, and public and
private institutions of the United States, including public
health and homeland security efforts by the Federal
Government and the use of selected funds under this or any
other Act related to the Coronavirus 2019 pandemic and a
comprehensive audit and review of charges made to Federal
contracts pursuant to authorities provided in the Coronavirus
Aid, Relief, and Economic Security Act.
(c) Briefings and Reports.--In conducting monitoring and
oversight under subsection (b), the Comptroller General
shall--
(1) during the period beginning on the date of enactment of
this Act and ending on the date on which the national
emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
Coronavirus Disease 2019 (COVID-19) expires, offer regular
briefings on not less frequently than a monthly basis to the
appropriate congressional committees regarding Federal public
health and homeland security efforts;
(2) publish reports regarding the ongoing monitoring and
oversight efforts, which, along with any audits and
investigations conducted by the Comptroller General, shall be
submitted to the appropriate congressional committees and
posted on the website of the Government Accountability
Office--
(A) not later than 90 days after the date of enactment of
this Act, and every other month thereafter until the date
that is 1 year after the date of enactment of this Act; and
(B) after the period described in subparagraph (A), on a
periodic basis; and
(3) submit to the appropriate congressional committees
additional reports as warranted by the findings of the
monitoring and oversight activities of the Comptroller
General.
(d) Access to Information.--
(1) Right of access.--In conducting monitoring and
oversight activities under this section, the Comptroller
General shall have access to records, upon request, of any
Federal, State, or local agency, contractor, grantee,
recipient, or subrecipient pertaining to any Federal effort
or assistance of any type related to the Coronavirus 2019
pandemic under this Act or any other Act, including private
entities receiving such assistance.
(2) Copies.--The Comptroller General may make and retain
copies of any records accessed under paragraph (1) as the
Comptroller General determines appropriate.
(3) Interviews.--In addition to such other authorities as
are available, the Comptroller General or a designee of the
Comptroller General may interview Federal, State, or local
officials, contractor staff, grantee staff, recipients, or
subrecipients pertaining to any Federal effort or assistance
of any type related to the Coronavirus 2019 pandemic under
this or any other Act, including private entities receiving
such assistance.
(4) Inspection of facilities.--As determined necessary by
the Comptroller General, the Government Accountability Office
may inspect facilities at which Federal, State, or local
officials, contractor staff, grantee staff, or recipients or
subrecipients carry out their responsibilities related to the
Coronavirus 2019 pandemic.
(5) Enforcement.--Access rights under this subsection shall
be subject to enforcement consistent with section 716 of
title 31, United States Code.
(e) Relationship to Existing Authority.--Nothing in this
section shall be construed to limit, amend, supersede, or
restrict in any manner any existing authority of the
Comptroller General.
national emergency relief authority for the register of copyrights
Sec. 19011. (a) Amendment.--Chapter 7 of title 17, United
States Code, is amended by adding at the end the following:
``Sec. 710. Emergency relief authority
``(a) Emergency Action.--If, on or before December 31,
2021, the Register of Copyrights determines that a national
emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) generally disrupts
or suspends the ordinary functioning of the copyright system
under this title, or any component thereof, including on a
regional basis, the Register may, on a temporary basis, toll,
waive, adjust, or modify any timing provision (including any
deadline or effective period, except as provided in
subsection (c)) or procedural provision contained in this
title or chapters II or III of title 37, Code of Federal
Regulations, for no longer than the Register reasonably
determines to be appropriate to mitigate the impact of the
disruption caused by the national emergency. In taking such
action, the Register shall consider the scope and severity of
the particular national emergency, and its specific effect
with respect to the particular provision, and shall tailor
any remedy accordingly.
``(b) Notice and Effect.--Any action taken by the Register
in response to a national emergency pursuant to subsection
(a) shall not be subject to section 701(e) or subchapter II
of chapter 5 of title 5, United States Code, and chapter 7 of
title 5, United States Code. The provision of general public
notice detailing the action being taken by the Register in
response to the national emergency under subsection (a) is
sufficient to effectuate such action. The Register may make
such action effective both prospectively and retroactively in
relation to a particular provision as the Register determines
to be appropriate based on the timing, scope, and nature of
the public emergency, but any action by the Register may only
be retroactive with respect to a deadline that has not
already passed before the declaration described in subsection
(a).
``(c) Statement Required.--Except as provided in subsection
(d), not later than 20 days after taking any action that
results in a provision being modified for a cumulative total
of longer than 120 days, the Register shall submit to
Congress a statement detailing the action taken, the relevant
background, and rationale for the action.
``(d) Exceptions.--The authority of the Register to act
under subsection (a) does not extend provisions under this
title requiring the commencement of an action or proceeding
in Federal court within a specified period of time, except
that if the Register adjusts the license availability date
defined in section 115(e)(15), such adjustment shall not
affect the ability to commence actions for any claim of
infringement of exclusive rights provided by paragraphs (1)
and (3) of section 106 against a digital music provider
arising from the unauthorized reproduction or distribution of
a musical work by such digital music provider in the course
of engaging in covered activities that accrued after January
1, 2018, provided that such action is commenced within the
time periods prescribed under section 115(d)(10)(C)(i) or
115(d)(10)(C)(ii) as calculated from the adjusted license
availability date. If the Register adjusts the license
availability date, the Register must provide the statement to
Congress under subsection (c) at the same time as the public
notice of such adjustment with a detailed explanation of why
such adjustment is needed.
``(e) Copyright Term Exception.--The authority of the
Register to act under subsection (a) does not extend to
provisions under chapter 3, except section 304(c), or section
1401(a)(2).
``(f) Other Laws.--Notwithstanding section 301 of the
National Emergencies Act (50 U.S.C. 1631), the authority of
the Register under subsection (a) is not contingent on a
specification made by the President under such section or any
other requirement under that Act (other than the emergency
declaration under section 201(a) of such Act (50 U.S.C.
1621(a))). The authority described in this section supersedes
the authority of title II of the National Emergencies Act (50
U.S.C. 1621 et seq.).''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 7 of title 17, United States Code, is
amended by adding at the end the following:
``710. Emergency relief authority.''.
(c) Emergency Requirement.--The amount provided by this
section is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE X
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
general operating expenses, veterans benefits administration
For an additional amount for ``General Operating Expenses,
Veterans Benefits Administration'', $13,000,000, to remain
available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'',
$14,432,000,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including related impacts on
health care delivery, and for support to veterans who are
homeless or at risk of becoming homeless: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
medical community care
For an additional amount for ``Medical Community Care'',
$2,100,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including related impacts on
health care delivery: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
medical support and compliance
For an additional amount for ``Medical Support and
Compliance'', $100,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including
related impacts on health care delivery: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to
[[Page H1810]]
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
medical facilities
For an additional amount for ``Medical Facilities'',
$606,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including related impacts on
health care delivery: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Administration
general administration
For an additional amount for ``General Administration'',
$6,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
information technology systems
For an additional amount for ``Information Technology
Systems'', $2,150,000,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including
related impacts on health care delivery: Provided, That the
Secretary shall transmit to the Committees on Appropriations
of both Houses of Congress a spend plan detailing the
allocation of such funds between pay and associated costs,
operations and maintenance, and information technology
systems development: Provided further, That after such
transmittal is provided, funds may only be reprogrammed among
the three subaccounts referenced in the previous proviso
after the Secretary of Veterans Affairs submits notice to the
Committees on Appropriations of both Houses of Congress:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $12,500,000, to remain available until September
30, 2022, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, for oversight
and audit of programs, activities, grants and projects funded
under this title: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
grants for construction of state extended care facilities
For an additional amount for ``Grants for Construction of
State Extended Care Facilities'', $150,000,000, to remain
available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or internationally,
including to modify or alter existing hospital, nursing home,
and domiciliary facilities in State homes: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
RELATED AGENCIES
Armed Forces Retirement Home Trust Fund
For an additional amount for the ``Armed Forces Retirement
Home Trust Fund'', $2,800,000, to remain available until
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, to be paid from funds available in the Armed
Forces Retirement Home Trust Fund: Provided, That of the
amounts made available under this heading from funds
available in the Armed Forces Retirement Home Trust Fund,
$2,800,000 shall be paid from the general fund of the
Treasury to the Trust Fund: Provided further, That the Chief
Executive Officer of the Armed Forces Retirement Home shall
submit to the Committees on Appropriations of both Houses of
Congress monthly reports detailing obligations, expenditures,
and planned activities: Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 20001. Amounts made available for the Department of
Veterans Affairs in this title, under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be
transferred among the accounts to prevent, prepare for, and
respond to coronavirus, domestically and internationally:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts of 2
percent or less of the total amount appropriated to an
account in this title may take place subject to notification
from the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress of the amount and
purpose of the transfer: Provided further, That any
transfers among the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts in excess of 2 percent of the total
amount appropriated to an account in this title, or exceeding
a cumulative 2 percent for all of the funds provided in this
title, may take place only after the Secretary requests from
the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
Sec. 20002. For all of the funds appropriated in this
title the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress
monthly reports detailing obligations, expenditures, and
planned activities.
public health emergency
Sec. 20003. In this title, the term ``public health
emergency'' means an emergency with respect to COVID-19
declared by a Federal, State, or local authority.
short-term agreements or contracts with telecommunications providers to
expand telemental health services for isolated veterans during a public
health emergency
Sec. 20004. (a) In General.--Notwithstanding any other
provision of law, the Secretary of Veterans Affairs may enter
into short-term agreements or contracts with
telecommunications companies to provide temporary,
complimentary or subsidized, fixed and mobile broadband
services for the purposes of providing expanded mental health
services to isolated veterans through telehealth or VA Video
Connect during a public health emergency.
(b) Eligibility.--
(1) In general.--The Secretary may expand eligibility for
services described in subsection (a) from the Department of
Veterans Affairs to include veterans already receiving care
from the Department who may not be eligible for mental health
services or other health care services delivered through
telehealth or VA Video Connect.
(2) Priority.--For purposes of expanding eligibility under
paragraph (1), the Secretary shall prioritize--
(A) veterans who are in unserved and underserved areas;
(B) veterans who reside in rural and highly rural areas, as
defined in the Rural-Urban Commuting Areas coding system of
the Department of Agriculture;
(C) low-income veterans; and
(D) any other veterans that the Secretary considers to be
at a higher risk for suicide and mental health concerns
during isolation periods due to a public health emergency.
(c) Definitions.--In this section:
(1) Telehealth.--
(A) In general.--The term ``telehealth'' means the use of
electronic information and telecommunications technologies to
support and promote long-distance clinical health care,
patient and professional health-related education, public
health, and health administration.
(B) Technologies.--For purposes of subparagraph (A),
telecommunications technologies include videoconferencing,
the internet, streaming media, and terrestrial and wireless
communications.
(2) VA video connect.--The term ``VA Video Connect'' means
the program of the Department of Veterans Affairs to connect
veterans with their health care team from anywhere, using
encryption to ensure a secure and private session.
treatment of state homes during public health emergency
Sec. 20005. (a) Waiver of Occupancy Rate Requirements.--
During a public health emergency, occupancy rate requirements
for State homes for purposes of receiving per diem payments
set forth in section 51.40(c) of title 38, Code of Federal
Regulations, or successor regulations, shall not apply.
(b) Waiver of Veteran Percentage Requirements.--During a
public health emergency, the veteran percentage requirements
for State homes set forth in section 51.210(d) of title 38,
Code of Regulations, or successor regulations, and in
agreements for grants to construct State homes, shall not
apply.
(c) Provision of Medicine, Equipment, and Supplies.--
(1) In general.--During a public health emergency, the
Secretary of Veterans Affairs may provide to State homes
medicines, personal protective equipment, medical supplies,
and any other equipment, supplies, and assistance available
to the Department of Veterans Affairs.
(2) Provision of equipment.--Personal protective equipment
may be provided under paragraph (1) through the All Hazards
Emergency Cache of the Department of Veterans Affairs or any
other source available to the Department.
(d) Definitions.--In this section:
(1) Personal protective equipment.--The term ``personal
protective equipment'' means any protective equipment
required to prevent the wearer from contracting COVID-19,
including gloves, N-95 respirator masks, gowns, goggles, face
shields, or other equipment required for safety.
(2) Public health emergency.--The term ``public health
emergency'' means an emergency with respect to COVID-19
declared by a Federal, State, or local authority.
(3) State home.--The term ``State home'' has the meaning
given that term in section 101(19) of title 38, United States
Code.
modifications to veteran directed care program of department of
veterans affairs
Sec. 20006. (a) Telephone or Telehealth Renewals.--For the
Veteran Directed Care program of the Department of Veterans
Affairs (in this section referred to as the ``Program''),
during a public health emergency, the Secretary of Veterans
Affairs shall--
(1) waive the requirement that an area agency on aging
process new enrollments and six-month renewals for the
Program via an in-person or home visit; and
(2) allow new enrollments and sixth-month renewals for the
Program to be conducted via telephone or telehealth modality.
(b) No Suspension or Disenrollment.--During a public health
emergency, the Secretary shall not suspend or dis-enroll a
veteran or caregiver of a veteran from the Program unless--
[[Page H1811]]
(1) requested to do so by the veteran or a representative
of the veteran; or
(2) a mutual decision is made between the veteran and a
health care provider of the veteran to suspend or dis-enroll
the veteran or caregiver from the Program.
(c) Waiver of Paperwork Requirement.--During a public
health emergency, the Secretary may waive the requirement for
signed, mailed paperwork to confirm the enrollment or renewal
of a veteran in the Program and may allow verbal consent of
the veteran via telephone or telehealth modality to suffice
for purposes of such enrollment or renewal.
(d) Waiver of Other Requirements.--During a public health
emergency, the Secretary shall waive--
(1) any penalty for late paperwork relating to the Program;
and
(2) any requirement to stop payments for veterans or
caregivers of veterans under the Program if they are out of
State for more than 14 days.
(e) Area Agency on Aging Defined.--In this section, the
term ``area agency on aging'' has the meaning given that term
in section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002).
provision by department of veterans affairs of prosthetic appliances
through non-department providers during public health emergency
Sec. 20007. The Secretary of Veterans Affairs shall ensure
that, to the extent practicable, veterans who are receiving
or are eligible to receive a prosthetic appliance under
section 1714 or 1719 of title 38, United States Code, are
able to receive such an appliance that the Secretary
determines is needed from a non-Department of Veterans
Affairs provider under a contract with the Department during
a public health emergency.
waiver of pay caps for employees of department of veterans affairs
during public health emergencies
Sec. 20008. (a) In General.--Notwithstanding any other
provision of law, the Secretary of Veterans Affairs may waive
any limitation on pay for an employee of the Department of
Veterans Affairs during a public health emergency for work
done in support of response to the emergency.
(b) Reporting.--
(1) In general.--For each month that the Secretary waives a
limitation under subsection (a), the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the waiver.
(2) Contents.--Each report submitted under paragraph (1)
for a waiver or waivers in a month shall include the
following:
(A) Where the waiver or waivers were used, including in
which component of the Department and, as the case may be,
which medical center of the Department.
(B) For how many employees the waiver or waivers were used,
disaggregated by component of the Department and, if
applicable, medical center of the Department.
(C) The average amount by which each payment exceeded the
waived pay limitation that was waived, disaggregated by
component of the Department and, if applicable, medical
center of the Department.
(c) Employee of the Department of Veterans Affairs
Defined.--In this section, the term ``employee of the
Department of Veterans Affairs'' includes any employee of the
Department of Veterans Affairs, regardless of the authority
under which the employee was hired.
provision by department of veterans affairs of personal protective
equipment for home health workers
Sec. 20009. (a) Provision of Equipment.--
(1) In general.--During a public health emergency, the
Secretary of Veterans Affairs shall provide to employees and
contractors of the Department of Veterans Affairs personal
protective equipment necessary to provide home care to
veterans under the laws administered by the Secretary.
(2) Source of equipment.--Personal protective equipment may
be provided under paragraph (1) through the All Hazards
Emergency Cache of the Department or any other source
available to the Department.
(b) Definitions.--In this section:
(1) Home care.--The term ``home care'' has the meaning
given that term in section 1803(c) of title 38, United States
Code.
(2) Personal protective equipment.--The term ``personal
protective equipment'' means any protective equipment
required to prevent the wearer from contracting COVID-19,
including gloves, N-95 respirator masks, gowns, goggles, face
shields, or other equipment required for safety.
clarification of treatment of payments for purposes of eligibility for
veterans pension and other veterans benefits
Sec. 20010. Amounts paid to a person under the 2020
Recovery Rebate in the Coronavirus Aid, Relief, and Economic
Security Act shall not be treated as income or resources for
purposes of determining eligibility for pension under chapter
15 of title 38, United States Code, or any other benefit
under a law administered by the Secretary of Veterans
Affairs.
availability of telehealth for case managers and homeless veterans
Sec. 20011. The Secretary of Veterans Affairs shall ensure
that telehealth capabilities are available during a public
health emergency for case managers of, and homeless veterans
participating in, the Department of Housing and Urban
Development-Department of Veterans Affairs Supportive Housing
program (commonly referred to as ``HUD-VASH'').
funding limits for financial assistance for supportive services for
very low-income veteran families in permanent housing during a public
health emergency
Sec. 20012. In the case of a public health emergency,
nothing in subsection (e)(1) of section 2044 of title 38,
United States Code, may be construed as limiting amounts that
may be made available for carrying out subsections (a), (b),
and (c) of such section.
modifications to comprehensive service programs for homeless veterans
during a public health emergency
Sec. 20013. (a) Rule of Construction.--In the case of a
public health emergency, no authorization of appropriations
in section 2014 of title 38, United States Code, may be
construed as limiting amounts that may be appropriated for
carrying out subchapter II of chapter 20 of such title.
(b) Grants and Per Diem Payments.--In the case of a public
health emergency, the Secretary of Veterans Affairs may waive
any limits on--
(1) grant amounts under sections 2011 and 2061 of title 38,
United States Code; and
(2) rates for per diem payments under sections 2012 and
2061 of such title.
(c) Participant Absence.--Notwithstanding Veterans Health
Administration Handbook 1162.01(1), dated July 12, 2013, and
amended June 30, 2014, and titled ``Grant and Per Diem (GPD)
Program'', or any other provision of law, for the duration of
a public health emergency, the Secretary--
(1) shall waive any requirement to discharge a veteran from
the grant and per diem program of the Veterans Health
Administration after the veteran is absent for 14 days; and
(2) may continue to pay per diem to grant recipients and
eligible entities under the program for any additional days
of absence when a veteran has already been absent for more
than 72 hours.
Sec. 20014. The amounts provided by sections 20003 through
20013 of this title in this Act are designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE XI
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'',
$324,000,000, to remain available until September 30, 2022,
to prevent, prepare for, and respond to coronavirus,
including for necessary expenses to maintain consular
operations and to provide for evacuation expenses and
emergency preparedness: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$95,000,000, to remain available until September 30, 2022, to
prevent, prepare for, and respond to coronavirus: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $258,000,000, to remain available until
expended, to prevent, prepare for, and respond to
coronavirus: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $350,000,000, to remain available until
expended, to prevent, prepare for, and respond to
coronavirus: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Independent Agencies
peace corps
For an additional amount for ``Peace Corps'', $88,000,000,
to remain available until September 30, 2022, to prevent,
prepare for, and respond to coronavirus: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 21001. The authorities and limitations of section 402
of the Coronavirus Preparedness and Response Supplemental
Appropriations Act (division A of Public Law 116-123) shall
apply to funds appropriated by this title as follows:
(1) Subsections (a), (d), (e), and (f) shall apply to funds
under the heading ``Diplomatic Programs''; and
(2) Subsections (c), (d), (e), and (f) shall apply to funds
under the heading ``International Disaster Assistance''.
Sec. 21002. Funds appropriated by this title under the
headings ``Diplomatic Programs'', ``Operating Expenses'', and
``Peace Corps'' may be used to reimburse such accounts
administered by the Department of State, the United States
Agency for International Development, and the Peace Corps, as
appropriate, for obligations incurred to prevent, prepare
for, and respond to
[[Page H1812]]
coronavirus prior to the date of enactment of this Act.
Sec. 21003. The reporting requirement of section 406(b) of
the Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020 (division A of Public Law 116-123)
shall apply to funds appropriated by this title: Provided,
That the requirement to jointly submit such report shall not
apply to the Director of the Peace Corps: Provided further,
That reports required by such section may be consolidated and
shall include information on all funds made available to such
Federal agencies to prevent, prepare for, and respond to
coronavirus.
Sec. 21004. Section 7064(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2020 (division G of Public Law 116-94) is amended by striking
`` $100,000,000'' and inserting in lieu thereof ``
$110,000,000'', and by adding the following before the period
at the end: ``: Provided, That no amounts may be used that
were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985''.
Sec. 21005. The Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2020 (division G of
Public Law 116-94) is amended under the heading ``Emergencies
in the Diplomatic and Consular Service'' in title I by
striking `` $1,000,000'' and inserting in lieu thereof ``
$5,000,000''.
Sec. 21006. The Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2020 (division G of
Public Law 116-94) is amended under the heading ``Millennium
Challenge Corporation'' in title III by striking ``
$105,000,000'' in the first proviso and inserting in lieu
thereof `` $107,000,000''.
Sec. 21007. Notwithstanding any other provision of law,
and in addition to leave authorized under any other provision
of law, the Secretary of State and the Administrator of the
United States Agency for International Development may, in
order to prevent, prepare for, and respond to coronavirus,
provide additional paid leave to address employee hardships
resulting from coronavirus: Provided, That this authority
shall apply to leave taken since January 29, 2020, and may be
provided abroad and domestically: Provided further, That the
Secretary and the Administrator shall consult with the
Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations
and the Committee on Foreign Affairs of the House of
Representatives prior to implementation of such authority:
Provided further, That the authority made available pursuant
to this section shall expire on September 30, 2022.
Sec. 21008. The Secretary of State, to prevent, prepare
for, and respond to coronavirus, may exercise the authorities
of section 3(j) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2670(j)) to provide medical services or
related support for private United States citizens,
nationals, and permanent resident aliens abroad, or third
country nationals connected to such persons or to the
diplomatic or development missions of the United States
abroad, who are unable to obtain such services or support
otherwise: Provided, That such assistance shall be provided
on a reimbursable basis to the extent feasible: Provided
further, That such reimbursements may be credited to the
applicable Department of State appropriation and shall remain
available until expended: Provided further, That the
Secretary shall prioritize providing medical services or
related support to individuals eligible for the health
program under section 904 of the Foreign Service Act of 1980
(22 U.S.C. 4084): Provided further, That the authority made
available pursuant to this section shall expire on September
30, 2022.
Sec. 21009. Notwithstanding section 6(b) of the Department
of State Authorities Act of 2006 (Public Law 109-472; 120
Stat. 3556), during fiscal year 2020, passport and immigrant
visa surcharges collected in any fiscal year pursuant to the
fourth paragraph under the heading ``Diplomatic and Consular
Programs'' in the Department of State and Related Agency
Appropriations Act, 2005 (title IV of division B of Public
Law 108-447; 8 U.S.C. 1714) may be obligated and expended for
the costs of providing consular services: Provided, That
such funds should be prioritized for United States citizen
services: Provided further, That not later than 90 days
after the expiration of this authority, the Secretary of
State shall provide a report to the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations and the Committee
on Foreign Affairs of the House of Representatives detailing
the specific expenditures made pursuant to this authority:
Provided further, That the amount provided by this section is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 21010. The Department of State and the United States
Agency for International Development are authorized to enter
into contracts with individuals for the provision of personal
services (as described in section 104 of part 37 of title 48,
Code of Federal Regulations and including pursuant to section
904 of the Foreign Service Act of 1980 (22 U.S.C. 4084)) to
prevent, prepare for, and respond to coronavirus, within the
United States and abroad, subject to prior consultation with,
and the notification procedures of, the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations and the Committee
on Foreign Affairs of the House of Representatives:
Provided, That such individuals may not be deemed employees
of the United States for the purpose of any law administered
by the Office of Personnel Management: Provided further,
That not later than 15 days after utilizing this authority,
the Secretary of State shall provide a report to the
Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations
and the Committee on Foreign Affairs of the House of
Representatives on the overall staffing needs for the Office
of Medical Services: Provided further, That the authority
made available pursuant to this section shall expire on
September 30, 2022.
Sec. 21011. Notwithstanding any other provision of law,
the Secretary of State and the Administrator of the United
States Agency for International Development may authorize any
oath of office required by law to, in particular
circumstances that could otherwise pose health risks, be
administered remotely, subject to appropriate verification:
Provided, That prior to initially exercising the authority of
this section, the Secretary and the Administrator shall each
submit a report to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the
Committee on Appropriations and the Committee on Foreign
Affairs of the House of Representatives describing the
process and procedures for administering such oaths,
including appropriate verification: Provided further, That
the authority made available pursuant to this section shall
expire on September 30, 2021.
Sec. 21012. (a) Purposes.--For purposes of strengthening
the ability of foreign countries to prevent, prepare for, and
respond to coronavirus and to the adverse economic impacts of
coronavirus, in a manner that would protect the United States
from the spread of coronavirus and mitigate an international
economic crisis resulting from coronavirus that may pose a
significant risk to the economy of the United States, each
paragraph of subsection (b) shall take effect upon enactment
of this Act.
(b) Coronavirus Responses.--
(1) International development association replenishment.--
The International Development Association Act (22 U.S.C. 284
et seq.) is amended by adding at the end the following new
section:
``SEC. 31. NINETEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the
International Development Association is authorized to
contribute on behalf of the United States $3,004,200,000 to
the nineteenth replenishment of the resources of the
Association, subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for
the United States contribution provided for in subsection
(a), there are authorized to be appropriated, without fiscal
year limitation, $3,004,200,000 for payment by the Secretary
of the Treasury.''.
(2) International finance corporation authorization.--The
International Finance Corporation Act (22 U.S.C. 282 et seq.)
is amended by adding at the end the following new section:
``SEC. 18. CAPITAL INCREASES AND AMENDMENT TO THE ARTICLES OF
AGREEMENT.
``(a) Votes Authorized.--The United States Governor of the
Corporation is authorized to vote in favor of--
``(1) a resolution to increase the authorized capital stock
of the Corporation by 16,999,998 shares, to implement the
conversion of a portion of the retained earnings of the
Corporation into paid-in capital, which will result in the
United States being issued an additional 3,771,899 shares of
capital stock, without any cash contribution;
``(2) a resolution to increase the authorized capital stock
of the Corporation on a general basis by 4,579,995 shares;
and
``(3) a resolution to increase the authorized capital stock
of the Corporation on a selective basis by 919,998 shares.
``(b) Amendment of the Articles of Agreement.--The United
States Governor of the Corporation is authorized to agree to
and accept an amendment to article II, section 2(c)(ii) of
the Articles of Agreement of the Corporation that would
increase the vote by which the Board of Governors of the
Corporation may increase the capital stock of the Corporation
from a four-fifths majority to an eighty-five percent
majority.''.
(3) African development bank.--The African Development Bank
Act (22 U.S.C. 290i et seq.) is amended by adding at the end
the following new section:
``SEC. 1345. SEVENTH CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) In general.--The United States Governor of the Bank
may subscribe on behalf of the United States to 532,023
additional shares of the capital stock of the Bank.
``(2) Limitation.--Any subscription by the United States to
the capital stock of the Bank shall be effective only to such
extent and in such amounts as are provided in advance in
appropriations Acts.
``(b) Authorization of Appropriations.--
``(1) In general.--In order to pay for the increase in the
United States subscription to the Bank under subsection (a),
there are authorized to be appropriated, without fiscal year
limitation, $7,286,587,008 for payment by the Secretary of
the Treasury.
``(2) Share types.--Of the amount authorized to be
appropriated under paragraph (1)--
``(A) $437,190,016 shall be for paid in shares of the Bank;
and
``(B) $6,849,396,992 shall be for callable shares of the
Bank.''.
(4) African development fund.--The African Development Fund
Act (22 U.S.C. 290g et seq.) is amended by adding at the end
the following new section:
``SEC. 226. FIFTEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the Fund
is authorized to contribute on
[[Page H1813]]
behalf of the United States $513,900,000 to the fifteenth
replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
``(b) Authorization of Appropriations.--In order to pay for
the United States contribution provided for in subsection
(a), there are authorized to be appropriated, without fiscal
year limitation, $513,900,000 for payment by the Secretary of
the Treasury.''.
(5) International monetary fund authorization for new
arrangements to borrow.--
(A) In general.--Section 17 of the Bretton Woods Agreements
Act (22 U.S.C. 286e-2) is amended--
(i) in subsection (a)--
(I) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively;
(II) by inserting after paragraph (2) the following new
paragraph:
``(3) In order to carry out the purposes of a one-time
decision of the Executive Directors of the International
Monetary Fund (the Fund) to expand the resources of the New
Arrangements to Borrow, established pursuant to the decision
of January 27, 1997, referred to in paragraph (1), the
Secretary of the Treasury is authorized to make loans, in an
amount not to exceed the dollar equivalent of 28,202,470,000
of Special Drawing Rights, in addition to any amounts
previously authorized under this section, except that prior
to activation of the New Arrangements to Borrow, the
Secretary of the Treasury shall report to Congress whether
supplementary resources are needed to forestall or cope with
an impairment of the international monetary system and
whether the Fund has fully explored other means of funding to
the Fund.'';
(III) in paragraph (5), as so redesignated, by striking
``paragraph (3)'' and inserting ``paragraph (4)''; and
(IV) in paragraph (6), as so redesignated, by striking
``December 16, 2022'' and inserting ``December 31, 2025'';
and
(ii) in subsection (e)(1) by striking ``(a)(2),'' each
place such term appears and inserting ``(a)(2), (a)(3),''.
(B) Emergency designation.--The amount provided by this
paragraph is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE XII
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$1,753,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, including necessary
expenses for operating costs and capital outlays: Provided,
That such amounts are in addition to any other amounts made
available for this purpose: Provided further, That
obligations of amounts under this heading in this Act shall
not be subject to the limitation on obligations under the
heading ``Office of the Secretary--Working Capital Fund'' in
division H of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
essential air service
In addition to funds provided to the ``Payments to Air
Carriers'' program in Public Law 116-94 to carry out the
essential air service program under section 41731 through
41742 of title 49, United States Code, $56,000,000, to be
derived from the general fund of the Treasury, and to be made
available to the Essential Air Service and Rural Improvement
Fund, to remain available until expended, to prevent, prepare
for, and respond to coronavirus: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Aviation Administration
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', $10,000,000,000, to prevent, prepare for, and
respond to coronavirus, to remain available until expended:
Provided, That amounts made available under this heading in
this Act shall be derived from the general fund of the
Treasury: Provided further, That funds provided under this
heading in this Act shall only be available to sponsors of
airports defined in section 47102 of title 49, United States
Code: Provided further, That funds provided under this
heading in this Act shall not otherwise be subject to the
requirements of chapter 471 of such title: Provided further,
That notwithstanding the previous proviso, section 47112(b)
of such title shall apply to funds provided for any contract
awarded (after the date of enactment) for airport development
and funded under this heading: Provided further, That funds
provided under this heading in this Act may not be used for
any purpose not directly related to the airport: Provided
further, That of the amounts appropriated under this heading
in this Act--
(1) Not less than $500,000,000 shall be available to pay a
Federal share of 100 percent of the costs for which a grant
is made under Public Law 116-94: Provided, That any
remaining funds after the apportionment under this paragraph
(1) shall be distributed as described in paragraph (2) under
this heading in this Act;
(2) Not less than $7,400,000,000 shall be available for any
purpose for which airport revenues may lawfully be used:
Provided, That 50 percent of such funds shall be allocated
among all commercial service airports based on each sponsor's
calendar year 2018 enplanements as a percentage of total 2018
enplanements for all commercial service airports: Provided
further, That the remaining 50 percent of such funds shall be
allocated among all commercial service airports based on an
equal combination of each sponsor's fiscal year 2018 debt
service as a percentage of the combined debt service for all
commercial service airports and each sponsor's ratio of
unrestricted reserves to their respective debt service:
Provided further, That the Federal share payable of the costs
for which a grant is made under this paragraph shall be 100
percent:
(3) Up to $2,000,000,000 shall be available for any purpose
for which airport revenues may lawfully be used, and: (A) be
apportioned as set forth in section 47114(c)(1)(C)(i),
47114(c)(1)(C)(ii), or 47114(c)(1)(H) of title 49, United
States Code; (B) not be subject to the reduced apportionments
of 49 U.S.C. 47114(f); and (C) have no maximum apportionment
limit, notwithstanding 47114(c)(1)(C)(iii) of title 49,
United States Code: Provided, That any remaining funds after
the apportionment under this paragraph (3) shall be
distributed as described in paragraph (2) under this heading
in this Act: Provided further, That the Federal share
payable of the costs for which a grant is made under this
paragraph shall be 100 percent; and
(4) Not less than $100,000,000 shall be for general
aviation airports for any purpose for which airport revenues
may lawfully be used, and, which the Secretary shall
apportion directly to each eligible airport, as defined in
section 47102(8) of title 49, United States Code, based on
the categories published in the most current National Plan of
Integrated Airport Systems, reflecting the percentage of the
aggregate published eligible development costs for each such
category, and then dividing the allocated funds evenly among
the eligible airports in each category, rounding up to the
nearest thousand dollars: Provided, That the Federal share
payable of the costs for which a grant is made under this
paragraph shall be 100 percent:
Provided further, That the Administrator of the Federal
Aviation Administration may retain up to 0.1 percent of the
funds provided under this heading in this Act to fund the
award and oversight by the Administrator of grants made under
this heading in this Act: Provided further, That obligations
of funds under this heading in this Act shall not be subject
to any limitations on obligations provided in Public Law 116-
94: Provided further, That all airports receiving funds
under this heading in this Act shall continue to employ,
through December 31, 2020, at least 90 percent of the number
of individuals employed (after making adjustments for
retirements or voluntary employee separations) by the airport
as of the date of enactment of this Act: Provided further,
That the Secretary may waive the workforce retention
requirement in the previous proviso, if the Secretary
determines the airport is experiencing economic hardship as a
direct result of the requirement, or the requirement reduces
aviation safety or security: Provided further, That the
workforce retention requirement shall not apply to nonhub
airports or nonprimary airports receiving funds under this
heading in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
Of prior year unobligated contract authority and
liquidating cash provided for Motor Carrier Safety in the
Transportation Equity Act for the 21st Century (Public Law
105-178), SAFETEA-LU (Public Law 109-59), or other
appropriations or authorization acts, in addition to amounts
already appropriated in fiscal year 2020 for ``Motor Carrier
Safety Operations and Programs'', $150,000 in additional
obligation limitation is provided and repurposed for
obligations incurred to support activities to prevent,
prepare for, and respond to coronavirus.
Federal Railroad Administration
safety and operations
For an additional amount for ``Safety and Operations'',
$250,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
northeast corridor grants to the national railroad passenger
corporation
(including transfer of funds)
For an additional amount for ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'', $492,000,000,
to remain available until expended, to prevent, prepare for,
and respond to coronavirus, including to enable the Secretary
of Transportation to make or amend existing grants to the
National Railroad Passenger Corporation for activities
associated with the Northeast Corridor, as authorized by
section 11101(a) of the Fixing America's Surface
Transportation Act (division A of Public Law 114-94):
Provided, That amounts made available under this heading in
this Act may be transferred to and merged with ``National
Network Grants to the National Railroad Passenger
Corporation'' to prevent, prepare for, and respond to
coronavirus: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national network grants to the national railroad passenger corporation
(including transfer of funds)
For an additional amount for ``National Network Grants to
the National Railroad Passenger Corporation'', $526,000,000,
to remain available until expended, to prevent, prepare for,
and respond to coronavirus, including to enable the
[[Page H1814]]
Secretary of Transportation to make or amend existing grants
to the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94): Provided, That a State
shall not be required to pay the National Railroad Passenger
Corporation more than 80 percent of the amount paid in fiscal
year 2019 under section 209 of the Passenger Rail Investment
and Improvement Act of 2008 (Public Law 110-432) and that not
less than $239,000,000 of the amounts made available under
this heading in this Act shall be made available for use in
lieu of any increase in a State's payment: Provided further,
That amounts made available under this heading in this Act
may be transferred to and merged with ``Northeast Corridor
Grants to the National Railroad Passenger Corporation'' to
prevent, prepare for, and respond to coronavirus: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Federal Transit Administration
transit infrastructure grants
For an additional amount for ``Transit Infrastructure
Grants'', $25,000,000,000, to remain available until
expended, to prevent, prepare for, and respond to
coronavirus: Provided, That the Secretary of Transportation
shall provide funds appropriated under this heading in this
Act as if such funds were provided under section 5307 of
title 49, United States Code, and section 5311 of title 49,
United States Code and apportion such funds in accordance
with section 5336 of such title (other than subsections
(h)(1) and (h)(4)), section 5311 (other than subsection
(b)(3) and (c)(1)(A)), section 5337 and section 5340 of title
49, United States Code, and apportion such funds in
accordance with such sections except that funds apportioned
under section 5337 shall be added to funds apportioned under
5307 for administration under 5307: Provided further, That
the Secretary shall allocate the amounts provided in the
preceding proviso under sections 5307, 5311, 5337, and 5340
of title 49, United States Code, among such sections in the
same ratio as funds were provided in the fiscal year 2020
appropriations: Provided further, That funds apportioned
under this heading in this Act shall be apportioned not later
than 7 days after the date of enactment of this Act:
Provided further, That funds shall be apportioned using the
fiscal year 2020 apportionment formulas: Provided further,
That not more than three-quarters of 1 percent, but not to
exceed $75,000,000, of the funds for transit infrastructure
grants provided under this heading in this Act shall be
available for administrative expenses and ongoing program
management oversight as authorized under sections 5334 and
5338(f)(2) of title 49, United States Code, and shall be in
addition to any other appropriations for such purpose:
Provided further, That notwithstanding subsection (a)(1) or
(b) of section 5307 of title 49, United States Code, funds
provided under this heading are available for the operating
expenses of transit agencies related to the response to a
coronavirus public health emergency as described in section
319 of the Public Health Service Act, including, beginning on
January 20, 2020, reimbursement for operating costs to
maintain service and lost revenue due to the coronavirus
public health emergency, including the purchase of personal
protective equipment, and paying the administrative leave of
operations personnel due to reductions in service: Provided
further, That such operating expenses are not required to be
included in a transportation improvement program, long-range
transportation, statewide transportation plan, or a statewide
transportation improvement program: Provided further, That
the Secretary shall not waive the requirements of section
5333 of title 49, United States Code, for funds appropriated
under this heading in this Act or for funds previously made
available under section 5307 of title 49, United States Code,
or sections 5311, 5337, or 5340 of such title as a result of
the coronavirus: Provided further, That unless otherwise
specified, applicable requirements under chapter 53 of title
49, United States Code, shall apply to funding made available
under this heading in this Act, except that the Federal share
of the costs for which any grant is made under this heading
in this Act shall be, at the option of the recipient, up to
100 percent: Provided further, That the amount made
available under this heading in this Act shall be derived
from the general fund and shall not be subject to any
limitation on obligations for transit programs set forth in
any Act: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$3,134,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus: Provided,
That of the amounts made available under this heading in this
Act, $1,000,000 shall be for the operations of the United
States Merchant Marine Academy: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
state maritime academy operations
For an additional amount for ``State Maritime Academy
Operations'', $1,000,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus: Provided, That amounts made available under
this heading in this Act shall be for direct payments for
State Maritime Academies: Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Inspector General
salaries and expenses
For an additional amount for ``Office of Inspector
General'', $5,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus: Provided,
That the funding made available under this heading in this
Act shall be used for conducting audits and investigations of
projects and activities carried out with funds made available
in this Act to the Department of Transportation to prevent,
prepare for, and respond to coronavirus: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
administrative support offices
For an additional amount for ``Administrative Support
Offices'', $35,000,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus, for the Office of the Chief Financial Officer,
including for Department-wide salaries and expenses,
Information Technology purposes, and to support the
Department's workforce in a telework environment: Provided,
That the amounts provided under this heading in this Act
shall be in addition to amounts otherwise available for such
purposes, including amounts made available under the heading
``Program Offices'' in this Act: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
program offices
For an additional amount for ``Program Offices'',
$15,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus: Provided,
That of the sums appropriated under this heading in this
Act--
(1) $5,000,000 shall be available for the Office of Public
and Indian Housing; and
(2) $10,000,000 shall be available for the Office of
Community Planning and Development:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental
Assistance'', $1,250,000,000, to remain available until
expended, to prevent, prepare for, and respond to
coronavirus, including to provide additional funds for public
housing agencies to maintain normal operations and take other
necessary actions during the period that the program is
impacted by coronavirus: Provided, That of the amounts made
available under this heading in this Act, $850,000,000 shall
be available for both administrative expenses and other
expenses of public housing agencies for their section 8
programs, including Mainstream vouchers: Provided further,
That such other expenses shall be new eligible activities to
be defined by the Secretary and shall include activities to
support or maintain the health and safety of assisted
individuals and families, and costs related to retention and
support of participating owners: Provided further, That
amounts made available under paragraph (3) under this heading
in Public Law 116-94 may be used for such other expenses, as
described in the previous proviso, in addition to their other
available uses: Provided further, That of the amounts made
available under this heading in this Act, $400,000,000 shall
be available for adjustments in the calendar year 2020
section 8 renewal funding allocations, in addition to any
other appropriations available for such purpose, including
Mainstream vouchers, for public housing agencies that
experience a significant increase in voucher per-unit costs
due to extraordinary circumstances or that, despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding:
Provided further, That the Secretary shall allocate amounts
provided in the previous proviso based on need, as determined
by the Secretary: Provided further, That the Secretary may
waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers
in connection with the use of the amounts made available
under this heading and the same heading of Public Law 116-94
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the safe and
effective administration of these funds, consistent with the
purposes described under this heading in this Act, to
prevent, prepare for, and respond to coronavirus: Provided
further, That the Secretary shall notify the public through
the Federal Register or other appropriate means of any such
waiver or alternative requirement to ensure the most
expeditious allocation of this funding, and in order for such
waiver or alternative requirement to take effect, and that
such public notice may be provided, at a minimum, on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary:
Provided further, That any
[[Page H1815]]
such waivers or alternative requirements shall remain in
effect for the time and duration specified by the Secretary
in such public notice and may be extended if necessary upon
additional notice by the Secretary: Provided further, That
to prevent, prepare for, and respond to coronavirus, the
notification required by section 223 of Public Law 116-6 and
section 221 of Public Law 116-94 shall not apply to the award
of amounts provided under paragraph (2) of this heading in
Public Law 116-6 or under paragraph (7)(B) of this heading in
Public Law 116-94 in support of the family unification
program under section 8(x) of such Act: Provided further,
That the Secretary may award any remaining unobligated
balances appropriated under this heading in prior Acts for
incremental tenant-based assistance contracts under section
811 of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013), to prevent, prepare for, and respond to
coronavirus, without competition, including for extraordinary
administrative fees: Provided further, That no less than 25
percent of such amounts shall be allocated proportionally to
public housing agencies who received awards in the 2017 and
2019 competitions for such purposes within 60 days of
enactment of this Act: Provided further, That the waiver and
alternative requirements authority provided under this
heading in this Act shall also apply to such incremental
tenant-based assistance contract amounts: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
public housing operating fund
For an additional amount for ``Public Housing Operating
Fund'', as authorized by section 9(e) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(e)), $685,000,000, to
remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, including to provide
additional funds for public housing agencies to maintain
normal operations and take other necessary actions during the
period that the program is impacted by coronavirus:
Provided, That the amount provided under this heading in this
Act shall be combined with the amount appropriated for the
same purpose under the same heading of Public Law 116-94, and
distributed to all public housing agencies pursuant to the
Operating Fund formula at part 990 of title 24, Code of
Federal Regulations: Provided further, That for the period
from the enactment of this Act through December 31, 2020,
such combined total amount may be used for eligible
activities under subsections (d)(1) and (e)(1) of such
section 9 and for other expenses related to preventing,
preparing for, and responding to coronavirus, including
activities to support or maintain the health and safety of
assisted individuals and families, and activities to support
education and child care for impacted families: Provided
further, That amounts made available under the headings
``Public Housing Operating Fund'' and ``Public Housing
Capital Fund'' in prior Acts, except for any set-asides
listed under such headings, may be used for all of the
purposes described in the previous proviso: Provided
further, That the expanded uses and funding flexibilities
described in the previous two provisos shall be available to
all public housing agencies through December 31, 2020, except
that the Secretary may extend the period under which such
flexibilities shall be available in additional 12 month
increments upon a finding that individuals and families
assisted by the public housing program continue to require
expanded services due to coronavirus: Provided further, That
the Secretary may waive, or specify alternative requirements
for, any provision of any statute or regulation that the
Secretary administers in connection with the use of such
combined total amount or funds made available under the
headings ``Public Housing Operating Fund'' and ``Public
Housing Capital Fund'' in prior Acts (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the safe and effective administration of these funds to
prevent, prepare for, and respond to coronavirus: Provided
further, That the Secretary shall notify the public through
the Federal Register or other appropriate means of any such
waiver or alternative requirement, to ensure the most
expeditious allocation of this funding, in order for such
waiver or alternative requirement to take effect, and that
such public notice may be provided, at a minimum, on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary:
Provided further, That any such waivers or alternative
requirements shall remain in effect for the time and duration
specified by the Secretary in such public notice and may be
extended if necessary upon additional notice by the
Secretary: Provided further, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
native american programs
For an additional amount for ``Native American Programs'',
$300,000,000, to remain available until September 30, 2024,
to prevent, prepare for, and respond to coronavirus, for
activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act
of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), and under title I
of the Housing and Community Development Act of 1974 with
respect to Indian tribes (42 U.S.C. 5306(a)(1)): Provided,
That the amounts made available under this heading in this
Act are as follows:
(1) No less than $200,000,000 shall be available for the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That amounts made
available under this paragraph shall be distributed according
to the same funding formula used in fiscal year 2020:
Provided further, That such amounts shall be used by
recipients to prevent, prepare for, and respond to
coronavirus, including to maintain normal operations and fund
eligible affordable housing activities under NAHASDA during
the period that the program is impacted by coronavirus:
Provided further, That amounts provided under this heading in
this Act may be used to cover or reimburse allowable costs to
prevent, prepare for, and respond to coronavirus that are
incurred by a recipient, including for costs incurred prior
to the date of enactment of this Act: Provided further, That
the Secretary may waive, or specify alternative requirements
for, any provision of any statute or regulation that the
Secretary administers in connection with the use of amounts
made available under this paragraph or under the same
paragraph in Public Law 116-94 (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary to
expedite or facilitate the use of such amounts to prevent,
prepare for, and respond to coronavirus: Provided further,
That any such waivers shall be deemed to be effective as of
the date an Indian tribe or tribally designated housing
entity began preparing for coronavirus and shall apply to the
amounts made available under this paragraph and to the
previously appropriated amounts described in the previous
proviso; and
(2) Up to $100,000,000 shall be available for grants to
Indian tribes under the Indian Community Development Block
Grant program under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1) of
such Act, to prevent, prepare for, and respond to
coronavirus, for emergencies that constitute imminent threats
to health and safety: Provided, That the Secretary shall
prioritize, without competition, allocations of these amounts
for activities and projects designed to prevent, prepare for,
and respond to coronavirus: Provided further, That not to
exceed 20 percent of any grant made with funds appropriated
under this paragraph shall be expended for planning and
management development and administration: Provided further,
That amounts provided under this heading in this Act may be
used to cover or reimburse allowable costs to prevent,
prepare for, and respond to coronavirus incurred by a
recipient, including for costs incurred prior to the date of
enactment of this Act: Provided further, That,
notwithstanding section 105(a)(8) of such Act (42 U.S.C.
5305(a)(8)), there shall be no per centum limitation for the
use of funds for public services activities to prevent,
prepare for, and respond to coronavirus: Provided further,
That the previous proviso shall apply to all such activities
for grants of funds made available under this paragraph or
under paragraph (4) of this heading in Public Law 116-94:
Provided further, That the Secretary may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with
the use of amounts made available under this paragraph or
under paragraph (4) in Public Law 116-94 (except for
requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary to expedite or facilitate the use of such
amounts to prevent, prepare for, and respond to coronavirus:
Provided further, That any such waivers shall be deemed to be
effective as of the date an Indian tribe began preparing for
coronavirus and shall apply to the amounts made available
under this paragraph and to the previously appropriated
amounts described in the previous proviso:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Community Planning and Development
housing opportunities for persons with aids
For an additional amount for carrying out the ``Housing
Opportunities for Persons with AIDS'' program, as authorized
by the AIDS Housing Opportunity Act (42 U.S.C. 12901 et
seq.), $65,000,000, to remain available until September 30,
2021, except that amounts allocated pursuant to section
854(c)(5) of such Act shall remain available until September
30, 2022, to provide additional funds to maintain operations
and for rental assistance, supportive services, and other
necessary actions, in order to prevent, prepare for, and
respond to coronavirus: Provided, That not less than
$50,000,000 of the amount provided under this heading in this
Act shall be allocated pursuant to the formula in section 854
of such Act using the same data elements as utilized pursuant
to that same formula in fiscal year 2020: Provided further,
That up to $10,000,000 of the amount provided under this
heading in this Act shall be to provide an additional one-
time, non-renewable award to grantees currently administering
existing contracts for permanent supportive housing that
initially were funded under section 854(c)(5) of such Act
from funds made available under this heading in fiscal year
2010 and prior years: Provided further, That such awards
shall be made proportionally to their existing grants:
Provided further, That such awards are not required to be
spent on permanent supportive housing: Provided further,
That, notwithstanding section 859(b)(3)(B) of such Act,
housing payment assistance for rent, mortgage, or utilities
payments may be provided for a period of up to 24 months:
Provided further, That, to protect persons who are living
with HIV/AIDS, such amounts provided under
[[Page H1816]]
this heading in this Act may be used to self-isolate,
quarantine, or to provide other coronavirus infection control
services as recommended by the Centers for Disease Control
and Prevention for household members not living with HIV/
AIDS: Provided further, That such amounts may be used to
provide relocation services, including to provide lodging at
hotels, motels, or other locations, for persons living with
HIV/AIDS and household members not living with HIV/AIDS:
Provided further, That, notwithstanding section 856(g) of
such Act (42 U.S.C. 12905(g)), a grantee may use up to 6
percent of its award under this Act for administrative
purposes, and a project sponsor may use up to 10 percent of
its sub-award under this Act for administrative purposes:
Provided further, That such amounts provided under this
heading in this Act may be used to cover or reimburse
allowable costs consistent with the purposes of this heading
incurred by a grantee or project sponsor regardless of the
date on which such costs were incurred: Provided further,
That any regulatory waivers the Secretary may issue may be
deemed to be effective as of the date a grantee began
preparing for coronavirus: Provided further, That any
additional activities or authorities authorized pursuant to
this Act may also apply at the discretion and upon notice of
the Secretary to all amounts made available under this same
heading in Public Law 116-94 if such amounts are used by
grantees for the purposes described under this heading:
Provided further, That up to 2 percent of amounts made
available under this heading in this Act may be used, without
competition, to increase prior awards made to existing
technical assistance providers to provide an immediate
increase in capacity building and technical assistance
available to grantees under this heading and under the same
heading in prior Acts: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
community development fund
For an additional amount for ``Community Development
Fund'', $5,000,000,000, to remain available until September
30, 2022, to prevent, prepare for, and respond to
coronavirus: Provided, That up to $2,000,000,000 of the
amount made available under this heading in this Act shall be
distributed pursuant to section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306) to
grantees that received allocations pursuant to that same
formula in fiscal year 2020, and that such allocations shall
be made within 30 days of enactment of this Act: Provided
further, That, in addition to amounts allocated pursuant to
the preceding proviso, an additional $1,000,000,000 shall be
allocated directly to States and insular areas, as defined by
42 U.S.C. 5302(a), to prevent, prepare for, and respond to
coronavirus within the State or insular area, including
activities within entitlement and nonentitlement communities,
based on public health needs, risk of transmission of
coronavirus, number of coronavirus cases compared to the
national average, and economic and housing market
disruptions, and other factors, as determined by the
Secretary, using best available data and that such
allocations shall be made within 45 days of enactment of this
Act: Provided further, That remaining amounts shall be
distributed directly to the State or unit of general local
government, at the discretion of the Secretary, according to
a formula based on factors to be determined by the Secretary,
prioritizing risk of transmission of coronavirus, number of
coronavirus cases compared to the national average, and
economic and housing market disruptions resulting from
coronavirus: Provided further, That such allocations may be
made on a rolling basis based on the best available data at
the time of allocation: Provided further, That amounts made
available in the preceding provisos may be used to cover or
reimburse allowable costs consistent with the purposes of
this heading in this Act incurred by a State or locality
regardless of the date on which such costs were incurred:
Provided further, That section 116(b) of such Act (42 U.S.C.
5316(b)) and any implementing regulations, which requires
grantees to submit their final statements of activities no
later than August 16 of a given fiscal year, shall not apply
to final statements submitted in accordance with sections
104(a)(2) and (a)(3) of such Act (42 U.S.C. 5304(a)(2) and
(a)(3)) and comprehensive housing affordability strategies
submitted in accordance with section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12705)
for fiscal years 2019 and 2020: Provided further, That such
final statements and comprehensive housing affordability
strategies shall instead be submitted no later than August
16, 2021: Provided further, That the Secretary may waive, or
specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the use of amounts made available under this
heading in this Act and under the same heading in Public Law
116-94 and Public Law 116-6 (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary to expedite
or facilitate the use of such amounts to prevent, prepare
for, and respond to coronavirus: Provided further, That up
to $10,000,000 of amounts made available under this heading
in this Act may be used to make new awards or increase prior
awards to existing technical assistance providers, without
competition, to provide an immediate increase in capacity
building and technical assistance to support the use of
amounts made available under this heading in this Act and
under the same heading in prior Acts to prevent, prepare for,
and respond to coronavirus: Provided further, That,
notwithstanding sections 104(a)(2), (a)(3), and (c) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5304(a)(2), (a)(3), and (c)) and section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12705), a
grantee may adopt and utilize expedited procedures to
prepare, propose, modify, or amend its statement of
activities for grants from amounts made available under this
heading in this Act and under the same heading in Public Law
116-94 and Public Law 116-6: Provided further, That under
such expedited procedures, the grantee need not hold in-
person public hearings, but shall provide citizens with
notice and a reasonable opportunity to comment of no less
than 5 days: Provided further, That, for as long as national
or local health authorities recommend social distancing and
limiting public gatherings for public health reasons, a
grantee may create virtual public hearings to fulfill
applicable public hearing requirements for all grants from
funds made available under this heading in this Act and under
the same heading in Public Law 116-94 and Public Law 116-6:
Provided further, That any such virtual hearings shall
provide reasonable notification and access for citizens in
accordance with the grantee's certifications, timely
responses from local officials to all citizen questions and
issues, and public access to all questions and responses:
Provided further, That, notwithstanding section 105(a)(8) of
the Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)(8)), there shall be no per centum limitation for the
use of funds for public services activities to prevent,
prepare for, and respond to coronavirus: Provided further,
That the previous proviso shall apply to all such activities
for grants of funds made available under this heading in this
Act and under the same heading in Public Law 116-94 and
Public Law 116-6: Provided further, That the Secretary shall
ensure there are adequate procedures in place to prevent any
duplication of benefits as required by section 312 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155) and in accordance with section 1210 of
the Disaster Recovery Reform Act of 2018 (division D of
Public Law 115-254; 132 Stat. 3442), which amended section
312 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155): Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
homeless assistance grants
For an additional amount for ``Homeless Assistance
Grants'', $4,000,000,000, to remain available until September
30, 2022, to prevent, prepare for, and respond to
coronavirus, among individuals and families who are homeless
or receiving homeless assistance and to support additional
homeless assistance and homelessness prevention activities to
mitigate the impacts created by coronavirus under the
Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.), as amended:
Provided, That up to $2,000,000,000 of the amount
appropriated under this heading in this Act shall be
distributed pursuant to 24 CFR 576.3 to grantees that
received allocations pursuant to that same formula in fiscal
year 2020, and that such allocations shall be made within 30
days of enactment of this Act: Provided further, That,
remaining amounts shall be allocated directly to a State or
unit of general local government by a formula to be developed
by the Secretary and that such allocations shall be made
within 90 days of enactment of this Act: Provided further,
That such formula shall allocate such amounts for the benefit
of unsheltered homeless, sheltered homeless, and those at
risk of homelessness, to geographical areas with the greatest
need based on factors to be determined by the Secretary, such
as risk of transmission of coronavirus, high numbers or rates
of sheltered and unsheltered homeless, and economic and
housing market conditions as determined by the Secretary:
Provided further, That individuals and families whose income
does not exceed the Very Low-Income Limit of the area, as
determined by the Secretary, shall be considered ``at risk of
homelessness'' and shall be eligible for homelessness
prevention if they meet the criteria in section 401(1)(B) and
(C) of such Act (42 U.S.C. 11360(1)(B) and (C)): Provided
further, That amounts provided under this heading in this Act
may be used to cover or reimburse allowable costs to prevent,
prepare for, and respond to coronavirus that are incurred by
a State or locality, including for costs incurred prior to
the date of enactment of this Act: Provided further, That
recipients may deviate from applicable procurement standards
when procuring goods and services to prevent, prepare for,
and respond to coronavirus: Provided further, That a
recipient may use up to 10 percent of its allocation for
administrative purposes: Provided further, That the use of
amounts provided under this heading in this Act shall not be
subject to the consultation, citizen participation, or match
requirements that otherwise apply to the Emergency Solutions
Grants program, except that a recipient must publish how it
has and will utilize its allocation, at a minimum, on the
Internet at the appropriate Government web site or through
other electronic media: Provided further, That the spending
cap established pursuant to section 415(b) of such Act (42
U.S.C. 11374) shall not apply to amounts provided under this
heading in this Act: Provided further, That amounts provided
under this heading in this Act may be used to provide
temporary emergency shelters (through leasing of existing
property, temporary structures, or other means) to prevent,
prepare for, and respond to coronavirus, and that such
temporary emergency shelters shall not be subject to the
minimum periods of use required by section 416(c)(1) of such
Act (42 U.S.C. 11375(c)(1)): Provided further, That Federal
habitability and environmental review standards and
requirements
[[Page H1817]]
shall not apply to the use of such amounts for those
temporary emergency shelters that have been determined by
State or local health officials to be necessary to prevent,
prepare for, and respond to coronavirus: Provided further,
That amounts provided under this heading in this Act may be
used for training on infectious disease prevention and
mitigation and to provide hazard pay, including for time
worked prior to the date of enactment of this Act, for staff
working directly to prevent, prepare for, and respond to
coronavirus among persons who are homeless or at risk of
homelessness, and that such activities shall not be
considered administrative costs for purposes of the 10
percent cap: Provided further, That in administering the
amounts made available under this heading in this Act, the
Secretary may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the
Secretary or the use by the recipient of these amounts
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment
unless otherwise provided under this paragraph), if the
Secretary finds that good cause exists for the waiver or
alternative requirement and such waiver or alternative
requirement is necessary to prevent, prepare for, and respond
to coronavirus: Provided further, That any such waivers
shall be deemed to be effective as of the date a State or
unit of local government began preparing for coronavirus and
shall apply to the use of amounts provided under this heading
in this Act and amounts provided under the same heading for
the Emergency Solutions Grant program in prior Acts used by
recipients to prevent, prepare for, and respond to
coronavirus: Provided further, That the Secretary shall
notify the public through the Federal Register or other
appropriate means of any such waiver or alternative
requirement, and that such public notice may be provided, at
a minimum, on the Internet at the appropriate Government web
site or through other electronic media, as determined by the
Secretary: Provided further, That any additional activities
or authorities authorized pursuant to this Act, including any
waivers and alternative requirements established by the
Secretary pursuant to this Act, may also apply at the
discretion and upon notice of the Secretary with respect to
all amounts made available for the Emergency Solutions Grants
program under the heading ``Homeless Assistance Grants'' in
any prior Act and used by recipients to prevent, prepare for,
and respond to coronavirus: Provided further, That up to 1
percent of amounts made available under this heading in this
Act may be used to make new awards or increase prior awards
made to existing technical assistance providers with
experience in providing health care services to homeless
populations, without competition, to provide an immediate
increase in capacity building and technical assistance
available to recipients of amounts for the Emergency
Solutions Grants program under this heading in this Act and
under the same heading in prior Acts: Provided further, That
none of the funds provided under this heading in this Act may
be used to require people experiencing homelessness to
receive treatment or perform any other prerequisite
activities as a condition for receiving shelter, housing, or
other services: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Housing Programs
project-based rental assistance
For an additional amount for ``Project-Based Rental
Assistance'', $1,000,000,000, to remain available until
expended, to prevent, prepare for, and respond to
coronavirus, including to provide additional funds to
maintain normal operations and take other necessary actions
during the period that the program is impacted by
coronavirus, for assistance to owners or sponsors of
properties receiving project-based assistance pursuant to
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f et seq.): Provided, That the Secretary may waive, or
specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the use of amounts made available under this
heading in this Act (except for requirements related to fair
housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary to expedite
or facilitate the use of such amounts to prevent, prepare
for, and respond to coronavirus, and such waiver or
alternative requirement is consistent with the purposes
described under this heading in this Act: Provided further,
That the Secretary shall notify the public through the
Federal Register or other appropriate means of any such
waiver or alternative requirement in order for such waiver or
alternative requirement to take effect, and that such public
notice may be provided, at a minimum, on the Internet at the
appropriate Government web site or through other electronic
media, as determined by the Secretary: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
housing for the elderly
For an additional amount for ``Housing for the Elderly'',
$50,000,000, to remain available until September 30, 2023, to
prevent, prepare for, and respond to coronavirus, including
to provide additional funds to maintain normal operations and
take other necessary actions during the period that the
program is impacted by coronavirus, for assistance to owners
or sponsors of properties receiving project-based assistance
pursuant to section 202 of the Housing Act of 1959 (12 U.S.C.
1701q), as amended: Provided, That of the amount provided
under this heading in this Act, up to $10,000,000 shall be
for service coordinators and the continuation of existing
congregate service grants for residents of assisted housing
projects: Provided further, That the Secretary may waive, or
specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the use of amounts made available under this
heading in this Act (except for requirements related to fair
housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary to expedite
or facilitate the use of such amounts to prevent, prepare
for, and respond to coronavirus, and such waiver or
alternative requirement is consistent with the purposes
described under this heading in this Act: Provided further,
That the Secretary shall notify the public through the
Federal Register or other appropriate means of any such
waiver or alternative requirement in order for such waiver or
alternative requirement to take effect, and that such public
notice may be provided, at a minimum, on the Internet at the
appropriate Government web site or through other electronic
media, as determined by the Secretary: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
housing for persons with disabilities
For an additional amount for ``Housing for Persons with
Disabilities'', $15,000,000, to remain available until
September 30, 2023, to prevent, prepare for, and respond to
coronavirus, including to provide additional funds to
maintain normal operations and take other necessary actions
during the period that the program is impacted by
coronavirus, for assistance to owners or sponsors of
properties receiving project-based assistance pursuant to
section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended: Provided, That the
Secretary may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the use of amounts made
available under this heading in this Act (except for
requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary to expedite or facilitate the use of such
amounts to prevent, prepare for, and respond to coronavirus,
and such waiver or alternative requirement is consistent with
the purposes described under this heading in this Act:
Provided further, That the Secretary shall notify the public
through the Federal Register or other appropriate means of
any such waiver or alternative requirement in order for such
waiver or alternative requirement to take effect, and that
such public notice may be provided, at a minimum, on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Fair Housing and Equal Opportunity
fair housing activities
For an additional amount for ``Fair Housing Activities'',
$2,500,000, to remain available until September 30, 2021, for
contracts, grants, and other assistance, as authorized by
title VIII of the Civil Rights Act of 1968, as amended by the
Fair Housing Amendments Act of 1988, and section 561 of the
Housing and Community Development Act of 1987, to prevent,
prepare for, and respond to coronavirus, of which $1,500,000
shall be for the Fair Housing Assistance Program Partnership
for Special Enforcement grants to address fair housing issues
relating to coronavirus, and $1,000,000 shall be for the Fair
Housing Initiatives Program for education and outreach
activities under such section 561 to educate the public about
fair housing issues related to coronavirus: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Office of Inspector General
For an additional amount for ``Office of Inspector
General'', $5,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus: Provided,
That the funding made available under this heading in this
Act shall be used for conducting audits and investigations of
projects and activities carried out with funds made available
in this Act to the Department of Housing and Urban
Development to prevent, prepare for, and respond to
coronavirus: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 22001. Of the amounts made available from the Airport
and Airway Trust Fund for ``Federal Aviation Administration--
Operations'' in title XI of division B of the Bipartisan
Budget Act of 2018 (Public Law 115-123), up to $25,000,000
may be used to prevent, prepare for, and respond to
coronavirus: Provided, That amounts repurposed in this
section that were previously designated by the Congress as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page H1818]]
Sec. 22002. For amounts made available by this Act under
the headings ``Northeast Corridor Grants to the National
Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'', the
Secretary of Transportation may not waive the requirements
under section 24312 of title 49, United States Code, and
section 24305(f) of title 49, United States Code: Provided,
That for amounts made available by this Act under such
headings the Secretary shall require the National Railroad
Passenger Corporation to comply with the Railway Retirement
Act of 1974 (45 U.S.C. 231 et seq.), the Railway Labor Act
(45 U.S.C. 151 et seq.), and the Railroad Unemployment
Insurance Act (45 U.S.C. 351 et seq.): Provided further,
That not later than 7 days after the date of enactment of
this Act and each subsequent 7 days thereafter, the Secretary
shall notify the House and Senate Committees on
Appropriations, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate of any National Railroad Passenger Corporation
employee furloughs as a result of efforts to prevent, prepare
for, and respond to coronavirus: Provided further, That in
the event of any National Railroad Passenger Corporation
employee furloughs as a result of efforts to prevent, prepare
for, and respond to coronavirus, the Secretary shall require
the National Railroad Passenger Corporation to provide such
employees the opportunity to be recalled to their previously
held positions as intercity passenger rail service is
restored to March 1, 2020 levels and not later than the date
on which intercity passenger rail service has been fully
restored to March 1, 2020 levels.
Sec. 22003. For the duration of fiscal year 2020, section
127(i)(1)(A) of title 23, United States Code, shall read as
if and apply to situations in which: the President has
declared an emergency or a major disaster under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
Sec. 22004. No later than September 30, 2020, the
remaining unobligated balances of funds made available for
the youth homelessness demonstration under the heading
``Department of Housing and Urban Development--Community
Planning and Development--Homeless Assistance Grants'' in the
Consolidated Appropriations Act, 2018 (Public Law 115-141)
are hereby permanently rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is
hereby appropriated, to remain available until September 30,
2021, in addition to other funds as may be available for such
purposes, and shall be available, without additional
competition, for completing the funding of awards made
pursuant to the fiscal year 2018 youth homelessness
demonstration.
highway safety grants emergency authority
Sec. 22005. (a) In General.--The Secretary of
Transportation (referred to in this section as the
``Secretary'') may waive or postpone any requirement under
section 402, 404, 405, or 412 of title 23, United States
Code, section 4001 of the FAST Act (Public Law 114-94; 129
Stat. 1497), or part 1300 of title 23, Code of Federal
Regulations (or successor regulations), if the Secretary
determines that--
(1) the Coronavirus Disease 2019 (COVID-19) is having a
substantial impact on--
(A) the ability of States to implement or carry out any
grant, campaign, or program under those provisions; or
(B) the ability of the Secretary to carry out any
responsibility of the Secretary with respect to a grant,
campaign, or program under those provisions; or
(2) the requirements of those provisions are having a
substantial impact on the ability of States or the Secretary
to address the Coronavirus Disease 2019 (COVID-19).
(b) Report.--The Secretary shall periodically submit to the
relevant committees of Congress a report describing--
(1) each determination made by the Secretary under
subsection (a); and
(2) each waiver or postponement of a requirement under that
subsection.
(c) Emergency Requirement.--The amount provided by this
section is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE XIII
GENERAL PROVISIONS--THIS ACT
Sec. 23001. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 23002. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 23003. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations
accounts shall be available under the authorities and
conditions applicable to such appropriations accounts for
fiscal year 2020.
Sec. 23004. (a) Subject to subsection (b), and
notwithstanding any other provision of law, funds made
available in this Act, or transferred pursuant to
authorization granted in this Act, may only be used to
prevent, prepare for, and respond to coronavirus.
(b) Subsection (a) shall not apply to sections 11002,
13002, and 18114 of this Act, reimbursements made pursuant to
authority in this Act, or to funds made available in this Act
for the Emergency Reserve Fund, established pursuant to
section 7058(c)(1) of division J of Public Law 115-31, or to
funds made available in this Act for the Infectious Diseases
Rapid Response Reserve Fund, established pursuant to section
231 of division B of Public Law 115-245.
(c) This section shall not apply to title VI of this Act.
Sec. 23005. In this Act, the term ``coronavirus'' means
SARS-CoV-2 or another coronavirus with pandemic potential.
Sec. 23006. Each amount designated in this Act by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available (or rescinded
or transferred, if applicable) only if the President
subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 23007. Any amount appropriated by this Act,
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and subsequently so
designated by the President, and transferred pursuant to
transfer authorities provided by this Act shall retain such
designation.
budgetary effects
Sec. 23008. (a) Statutory PAYGO Scorecards.--The budgetary
effects of this division shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the
Statutory Pay As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(7)
and (c)(8) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the budgetary effects of this division
shall be estimated for purposes of section 251 of such Act.
(d) Ensuring No Within-Session Sequestration.--Solely for
the purpose of calculating a breach within a category for
fiscal year 2020 pursuant to section 251(a)(6) or section
254(g) of the Balanced Budget and Emergency Deficit Control
Act of 1985, and notwithstanding any other provision of this
division, the budgetary effects from this division shall be
counted as amounts designated as being for an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
This division may be cited as the ``Emergency
Appropriations for Coronavirus Health Response and Agency
Operations''.
Motion to Concur
Mr. HOYER. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Hoyer moves that the House concur in the Senate
amendment to H.R. 748.
The SPEAKER pro tempore. Pursuant to House Resolution 911, the motion
is debatable for 3 hours, equally divided and controlled by the
majority leader and the minority leader or their respective designees.
The gentleman from Maryland (Mr. Hoyer) and the gentleman from Texas
(Mr. Brady) each will control 90 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. HOYER. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks and insert
extraneous material on the matter under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. HOYER. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, we meet at a challenging time in our country and in the
global community. This session will be different than most, where we
come together and reach out our hands. We hug one another in affection
and thanks for the collegial work with us on the people's business.
People who can see the Chamber now will see that we are keeping
distance from one another, not out of hostility, but out of love for
one another, that we may keep one another healthy and safe. It will,
therefore, be an unusual session, but a critical session.
Mr. Speaker, this legislation represents a bipartisan resolve to meet
the coronavirus challenge head-on. It represents a focus on families
and workers, with the objective of making them safer and economically
supported. It will protect workers and their families in our economy as
we all do our part to flatten the curve.
Public health officials have made it clear that the only chance we
have to prevent our healthcare system from being overwhelmed by this
pandemic, as it is threatened to be, is for as many Americans to stay
home as possible.
It is, however, necessary for us to be here to pass legislation to
respond on behalf of the American people to this daunting challenge.
The closure means that large parts of our economy must be temporarily
shut
[[Page H1819]]
down, causing severe disruption for businesses and workers. We saw the
impact of this yesterday, when new unemployment insurance claims
increased by more than 3 million people, 3 million individuals, 3
million who are in families who rely on them for support and
contributions to the support of their families and their children.
Today, the House is taking action on phase three of our response to
this unprecedented challenge.
We initially responded, Mr. Speaker, to the immediate need of our
Nation with $8.3 billion in appropriations to meet the immediate health
needs of our people.
A little over 2 weeks ago, we acted to meet the continuing health and
economic needs of our people. That was phase two.
This bill, Mr. Speaker, which is phase three of our effort, will
increase unemployment insurance benefits to those furloughed or laid
off while expanding eligibility to include the self-employed and
contract workers, and send checks to most Americans to help them get
through this difficult period.
Mr. Speaker, I am personally disappointed that Senate Republicans
insisted on shortchanging the 700,000 people of the District of
Columbia by $700 million, treating the District as a territory and not
as a State for the purposes of allocating stabilization funds, as is so
often the case. This jeopardizes the entire national capital region as
we work together to prevent further spread of coronavirus.
I will be working with Delegate Holmes Norton and our colleagues to
enact legislation correcting this injustice, and I look forward to
working with my colleagues on both sides of the aisle to accomplish
that objective.
As the number of coronavirus cases in our country rises above 85,000
of our fellow citizens and continues to increase exponentially, we must
take swift action to ensure that people can stay home to slow the
spread of this deadly virus, and that our economy can be supported so
that it can rebound when the medical experts and scientists say it is
safe to do so.
I thank the Speaker and the committee chairs who have worked
tirelessly to bring this agreement to fruition, including Chairwoman
Nita Lowey, Chairman Frank Pallone, Chairman Richard Neal, Chairman
Bobby Scott, Chairman Peter DeFazio, Chairwoman Maxine Waters, as well
as other chairs who have participated in forging this legislation with
a bipartisan coalition in the United States Senate.
I thank, as well, the extraordinary staff--the extraordinary staff--
who have worked around the clock in a very short period of time,
knowing full well the crisis that confronts us and that time is of the
essence.
Thank you, staff.
The staff of each of our committees, our Members, and the leadership,
the staffs of all three of those entities, and the Members have been
working around the clock, literally, Mr. Speaker, around the clock to
determine needs and priorities and meet them.
The House continues to stand ready to take additional steps when and
as they are needed to win this battle for the safety and health of our
people and our Nation.
Together, Democrats and Republicans, together, we Americans, we
Americans will work together to do our part in fighting against the
coronavirus.
Mr. Speaker, all of us stand in awe and deep gratitude to the
millions of Americans who have shown courage and commitment at this
dangerous and challenging time: our doctors, our nurses, our medical
personnel, our police, our firefighters, and our emergency medical
response teams; those keeping our pharmacies, grocery stores, gas
stations, and other critical facilities open; and so many in the
private and public sectors who are daily showing up to serve the needs
of their neighbors and fellow citizens.
Mr. Speaker, they reflect the best of the ``home of the brave.'' It
is in times like these that we remind the world and ourselves that we
are truly one Nation, under God, indivisible, working together to
overcome the greatest challenge with the greatest resolve.
Mr. Speaker, I reserve the balance of my time.
Mr. BRADY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we gather this morning in an America battling the
coronavirus on two fronts: medically and economically.
Today's vote is about saving lives and livelihoods, providing the
urgent relief needed to keep workers on the job, helping those who have
lost theirs, and preserving Main Street businesses so they can ride out
this crisis and rebound strongly.
In 20 short days, our economy has taken a hit like we have rarely
seen in America's history. Thankfully, due to President Trump and
Republicans in Congress, America had the strongest economy in the world
heading into this challenge. Still, Congress must act aggressively and
act together now to stem the economic damage.
Senate Democrats, aided by Speaker Pelosi, unfortunately, delayed
this bill for days and used this crisis to advance a frivolous
political agenda. It failed, but the Senate found unanimous, if not
perfect, common ground.
This bill arms families with economic support, tax rebates of $1,200
per person and $500 per child, to help them ride this out. We also make
it easier for Americans to access their savings penalty-free and let
seniors over 72 keep their savings intact.
Workers get unprecedented help. Unemployment is being expanded by
$250 billion to make sure the self-employed, the contractor, the
freelancer, the furloughed, and the Uber driver all have a lifeline to
ride out this crisis. We are temporarily increasing the size of
unemployment checks and lengthening them if more time is needed to get
on your feet.
We take unprecedented action to save America's local businesses and
their workers. Main Street businesses face a crushing cash-flow
problem. Their customers have disappeared. They now face a cascading
sequence of layoffs and closures.
Through temporary tax relief and lending, this bill injects cash
directly into our local businesses, small and large, to stop this cash-
flow crisis. We focus on preserving business to preserve jobs, to get
them through these next few weeks.
Businesses can keep their payroll taxes in their bank accounts this
year, and quickly turn their mounting losses into tax relief so they
have more cash on hand to keep workers and to survive. These two
actions alone keep $500 billion in our local economy.
For small businesses, we offer fully guaranteed loans through your
local banker, with the promise that if you keep your workers on the
payroll, that portion of the loan will be forgiven.
For larger and the most distressed businesses, we provide loans, too,
knowing your survival is crucial to millions of American workers.
These loans aren't bailouts. They are given with oversight and
repayment to companies that did nothing wrong but suffered collateral
damage as a result of this virus.
Finally, the new worker retention credit, championed by Ways and
Means Republicans and Leader Kevin McCarthy, is to help our local
businesses keep workers on the job. For businesses closed or partially
closed due to a government order that have seen their incomes drop by
50 percent or more, if they pay half of their workers' salaries, we
will pay the other half, up to $10,000, through this crisis.
The sooner we lock down the coronavirus, the sooner we unlock this
economy. To quicken that, we give our hospitals, doctors, nurses,
nonprofits, and rural healthcare providers on the front lines over $140
billion in new resources.
We give unprecedented flexibility to telehealth. We increase by 20
percent reimbursements for coronavirus treatments. We accelerate
Medicare funding, and we give patients more flexibility to use their
health savings accounts.
Mr. Speaker, while no one will agree with every part of this rescue
bill, we face a challenge rarely seen in America's history. We must act
now, or the toll on lives and livelihoods will be far greater. I
strongly urge its passage.
Mr. Speaker, I reserve the balance of my time.
Mr. HOYER. Mr. Speaker, I yield 4 minutes to the gentleman from
Massachusetts (Mr. Neal), one of the senior Members of the Congress and
the chairman of the Ways and Means Committee.
[[Page H1820]]
Mr. NEAL. Mr. Speaker, we have been whisked here this morning in one
of the grave challenges of our lifetimes.
Usually, in March, we talk about brackets. Well, the brackets this
morning are clear. Those brackets are about the health of the American
people and the economic security of the American family.
This is not about corruption. This is not about military conflict.
Certainly, it is not about malfeasance.
Our country is weathering an unprecedented public health crisis that
demands an unprecedented response from the United States Government. I
am really proud of the critical solutions our Ways and Means Committee
colleagues and I contributed to this legislation.
This legislation could be called the families' health and economic
security stabilization act because that is what we are doing this
morning, providing stability.
The healthcare workers on the front lines of this crisis are being
pushed to their limits, both financially and physically. They need more
masks, tests, ventilators, and beds to combat this virus. This
legislation will help them secure these fundamental resources with $100
billion in funding for hospitals and our healthcare system.
As we work to protect the health of all Americans, we are also
focused on the health of our economy. Just yesterday morning, we
learned that this week's unemployment claims skyrocketed by over 1,000
percent.
As we face this record economic challenge, families need benefits
that will allow them to cover essential expenses like food, rent, and
medication. From the beginning of this crisis, Ways and Means Democrats
have understood that expanding unemployed benefits must be a top
priority.
{time} 0920
The additional $600 per week in unemployment benefits that we fought
for is the least we can do to help those who, through no fault of their
own, find themselves without a paycheck. Similarly, the direct infusion
of $1,200 in cash for American adults whom we fought for will help
families through these challenging times.
We also fought to include provisions to shore up the financial health
of small business and other struggling employers. We were adamant about
the inclusion of the employee retention credit because we know that the
American economy will bounce back from this, and employers who take
action to keep their employees on the payroll should be rewarded.
This legislation is the product of two very different sides coming
together to protect the health and financial security of all Americans
in the face of this crisis.
I thank the many Members on both sides of the aisle, and the Capitol,
who have worked to get us to this bill this morning. I also thank my
Ways and Means Committee staff who have been working around the clock
since this crisis began and have provided the committee and the
Congress with unparalleled technical expertise and counsel. They
deserve our appreciation.
We are facing this grave enemy in COVID-19. It is dark and uncertain
times that we are witnessing today, but that is why we are here. We are
here to fight for things that matter to America, to prioritize their
health and economic well-being.
We have a responsibility to take this bold action this morning so
that our economy will keep going for workers and small business and to
give families the peace of mind they can depend upon so that their
government can help keep them whole in this crisis.
That is what we did in this bill. There will be a phase four, which
will be real stimulus as opposed, I think, to the stabilization effort
we make today.
We wish our colleagues and the American people the best at this time.
Take care of one another.
But I fully support this legislation being passed in a timely manner.
That means this morning.
Mr. BRADY. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Oregon (Mr. Walden), who is the top Republican on the Energy and
Commerce Committee.
Mr. WALDEN. Mr. Speaker, this package is not the first response to
the COVID-19 pandemic, nor will it be the last.
The American people expect us to set partisanship aside in times of
crisis and do what is best for our country and for our constituents,
and that is what we are doing today.
We are helping healthcare providers on the front lines back home get
the personal protective equipment they need and the medicines and
medical devices that will save the lives of their patients. We are
helping people who have lost their jobs get a lifeline. We are helping
our small businesses keep their workforce together. We are making
record investments into finding treatments and a cure. We are helping
our State and local governments, too.
We are all in this together. With President Trump's leadership, we
are all in this to win as fast as medically possible.
In order to prevent our health system from collapsing under the
weight of this virus, we are providing unprecedented support for our
Nation's healthcare providers, including $100 billion for hospitals,
labs, doctors, and increased reimbursement for treating COVID-19
patients.
We will dramatically expand production and distribution of medical
supplies by providing liability protections through the PREP Act for
respirator manufacturers, providing $16 billion for the Strategic
National Stockpile to procure medical countermeasures such as personal
protective equipment and ventilators, and providing $11 billion for the
manufacturing, production, and purchase of vaccines, therapeutics,
diagnostics, and other items to address the Nation's medical or
preparedness needs.
The CARES Act opens up the fastest computers in the world at our
national laboratories for research and analysis related to the COVID-19
virus. We help EPA expedite the ability to get disinfectants to market
more quickly to protect the public from COVID-19 and prevent its
further spread. In a volatile oil market, the CARES Act smartly delays
a mandatory 2020 sale of oil from the Strategic Petroleum Reserve
through 2022.
Included in the package are improvements to expand access to care
through telehealth, including $200 million for the FCC for telehealth
services and devices and an expansion of telehealth services in the
Medicare program.
The package also extends vital Medicare, Medicaid, and public health
programs, including community health centers, among many others, until
November 30 this year.
We mobilize the Nation's health workforce by providing liability
protections to those who provide volunteer medical services during the
public health crisis and by standing up the Ready Reserve.
We take steps to protect our medical supply chain, something that I
hope the Congress will continue to work on after we pass this
legislation today.
Today's phase three approach is the most comprehensive and robust
response to COVID-19 yet. Together, we are going to win this war.
Mr. HOYER. Mr. Speaker, I yield 4 minutes to the gentlewoman from
Connecticut (Ms. DeLauro), who is one of the leaders in this Congress
on protecting families and children.
Ms. DeLAURO. Mr. Speaker, I rise in support of this historic bill.
This is the biggest economic and health crisis the country has ever
faced. Nurses and doctors are in intensive care units trying to save
our humanity against this awful pandemic. This is the biggest
governmental response the country has ever seen to rescue people, the
economy, and our healthcare system.
It is necessary. The United States is now the epicenter of a global
pandemic. Cases of the coronavirus are rising exponentially.
To slow the spread of the contagion, serious measures of social
distancing are underway. Schools are closing. Businesses are
shuttering. Last week, more than 3 million filed for unemployment.
So, the hour is dark. But today, Congress is ready to help get
families, workers, and the country to the dawn of recovery. For that, I
commend Speaker Nancy Pelosi, Appropriations Chair Nita Lowey, and all
the Appropriations subcommittee chairs. Their leadership has been
crucial in the progress that we were able to make for the people.
[[Page H1821]]
Had we passed our House bill, things would be different, but we
managed to shape this package in a fundamental way. We secured a large
investment in hospitals, health systems, and State and local
governments; a profound increase in unemployment insurance benefits;
and a significant expansion in support for small businesses. We made
rent, mortgage, and utility costs eligible for SBA loan forgiveness.
As chair of the Labor, Health and Human Services, Education, and
Related Agencies Subcommittee, I am proud of the investments we have
made for working people, for public health, and for our teachers and
students.
For health, we secured $140 billion for the Department of Health and
Human Services; $4.3 billion for the Centers for Disease Control and
Prevention to respond to the pandemic; $945 million for the NIH to
support research; $127 billion for our medical response effort; and
important increases for seniors, those living with disabilities, and
those struggling with mental health.
For education, we secured $30 billion for the Department of
Education, billions for elementary and secondary education, and
billions to help colleges and universities confront the immediate
effects of the pandemic.
While this funding is crucial, let me be clear: It is a start.
For working people and families, we secured $3.5 billion for the
Child Care and Development Block Grant and $360 million for programs at
the Department of Labor.
I am proud of the increases that other Appropriations subcommittee
chairs have secured: millions to ensure the Economic Injury Disaster
Loans; millions to assist firefighters and our first responders to
secure personal protective equipment; $25 billion for public transit to
protect passengers and operators as they access essential services; $5
billion for the Community Development Block Grant program, to help
communities respond to economic and housing impacts; emergency funding
for child nutrition programs; $4 billion for homeless grants; and $45
billion for FEMA disaster relief, providing assistance to every single
State that has declared an emergency. And we have provided relief to
our Tribal organizations and to our territories.
So, I embrace this historic bill. I know the Speaker, Appropriations
Chairwoman Lowey, and the committee chairs fought to include paid sick
days, paid leave for all, increased food assistance, and a strengthened
and fully refundable child tax credit and a young child tax credit.
Soon, duty will call on us to take the next major bold steps in this
crisis.
I call on the House of Representatives to support the relief that
Americans need.
Mr. BRADY. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Ohio (Mr. Chabot), who is the Republican leader of the Small Business
Committee.
Mr. CHABOT. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, this is a critical time in our Nation's history. People
are worried about their health and that of their loved ones. They are
wondering how long this new way of life will last. But people across
our great Nation are coming together.
I have seen the response in my own district, where yesterday would
have been opening day, and the Cincinnati Reds remain undefeated.
From the bold leadership of Ohio's Governor Mike DeWine and
Department of Health Director Dr. Amy Acton to the brave healthcare
workers on the front lines of facilities like the University of
Cincinnati Medical Center and the local companies that have volunteered
to produce much-needed personal protective equipment, these men and
women are heroes, risking their lives and livelihoods so that their
fellow citizens may continue to live as comfortably and as normally as
possible during this trying time.
As the ranking member of the House Small Business Committee, I want
to single out the contribution of this Nation's small businesses. To
those that have had to temporarily close and those who have bravely
stayed open to provide life-sustaining supplies, I want you to know
that there is help in this bill. We have come together in this
legislation to help our entrepreneurs who so urgently need it. Small
businesses and their employees often rise before the Sun and retire
under the stars to ensure that their customers' needs are met and often
exceeded.
Along the way, the Small Business Administration, or SBA, is charged
with assisting the Nation's smallest firms. When disaster strikes, the
SBA helps businesses get back on their feet.
As we face the unprecedented challenge of COVID-19 we must ensure
that small businesses have the resources needed to weather that storm.
They are being forced to make tough choices to protect themselves,
their employees, and their customers. They are laying off staff who are
like family to them, cutting hours when workers need them most and
closing their doors after years or even decades of successful
operation.
To alleviate these enormous pressures, the CARES Act, this
legislation, creates a new program specifically designed to respond to
the current crisis. That program, the Paycheck Protection Program,
provides $350 billion for 100 percent federally guaranteed loans for up
to 8 weeks of assistance. These loans can be forgiven when used for
payroll, interest on mortgage, rent, and utilities.
The CARES Act also creates a deferment payment on current 7(a) loans.
The SBA will pay all principal, interest, and fees for those small
businesses for up to 6 months. These payment obligations will be
completely forgiven and removed from a borrower's books.
Finally, the bill permits small business owners who have applied for
an SBA Economic Injury Disaster Loan to request in advance up to
$10,000.
I am grateful that we can help small businesses in this act.
Mr. HOYER. Mr. Speaker, I have thanked each and every one of the
chairs. None have worked harder than Mr. DeFazio from the State of
Oregon. He is one of this country's experts on transportation and the
movement of goods and services so critical to our economy and so
critical to the health of our people.
Mr. Speaker, I yield 4 minutes to the gentleman from Oregon (Mr.
DeFazio).
Mr. DeFAZIO. Mr. Speaker, this is an unprecedented challenge to the
health and economic well-being of the United States of America, and I
am proud to be a Member of the House today here to address this.
There are numerous provisions of this bill with which I disagree, and
I know there are numerous provisions that my Republican colleagues
disagree with, but let's put it a little bit in perspective.
After 9/11, we bailed out the airlines, and they got a bunch of cash.
What did they do then? They declared bankruptcy, and they preserved
their assets--except not their most valuable assets. They screwed their
employees. They lost their pensions; they lost their stock options; and
they lost their jobs.
I remember talking to a 55-year-old flight employee who had been
flying 25 years. She said: Now I have to fly 10 more just to get the
guaranteed pension at 35 percent of what I would have gotten.
Mr. Speaker, that can't happen again.
Then, in 2008, Hank Paulson came to us, and he said: Just give me the
key to the Treasury, and I will take care of this.
Well, for 1 day in the House of Representatives, we stood strong, and
we defeated that. Two days later, we came back with something a little
bit better but nowhere near adequate.
We need to learn from those mistakes. That was supposed to save
people's homes and their jobs. Millions lost their homes, their jobs,
and their pensions. But Wall Street, hey, they prospered.
Never again.
We started a week ago with Secretary Mnuchin proposing the same thing
that Hank Paulson proposed--they all come from Wall Street--a couple of
decades ago.
The Democrats fought back. We said: No, it is going to be workers and
families first.
This is a different kind of recovery package. It is an ultimate
bipartisan product. It passed the Senate unanimously, and it emphasizes
payrolls--maintaining payrolls and maintaining benefits. It is going to
get help to small businesses, from individual owners to larger
businesses. It is going to target
[[Page H1822]]
people with extended and enhanced unemployment benefits. Some who work
in the gig economy wouldn't be eligible for anything. They are totally
out.
So, these are really good things in this bill.
The aviation section should be a model for any industry that gets
money from the funds that Mnuchin distributes.
There are two packages. One is a payroll passthrough to keep the
people working, keep their benefits, and keep their pay. The other part
is heavily conditioned loans: no stock buybacks, no dividends, no
executive bonuses, and no bankruptcy for a year after you take these
loans. Keep the industry intact. It is vital.
And $3 billion goes to the contract workers and the service workers,
who are the most abused people in the industry. They are the ones whom
you never see who keep the plane clean, who load the food, and who move
your bags and do everything else. They push the wheelchairs. They get
rotten pay. They get assistance in this bill.
So, this will keep the framework of this industry alive.
COVID-19 is what we are battling now, but we have been battling
something else in our economy for a long time: corporate greed. Wall
Street demands to put profits over people. $2 trillion in tax cuts went
to the people at the top. For too long, the working people of this
country have been ignored. Not this time.
We need a system that always puts workers and families first, not
just during a national emergency and not just when it is politically
convenient. I am ready at any time to roll up my sleeves for that
fight.
Mr. BRADY. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Rodney Davis), who is the Republican leader of the House
Administration Committee.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, as the ranking member of
the House Administration Committee, I want all of my colleagues to make
sure that before we leave this floor today, after, hopefully, passing
this piece of legislation, that we thank every staff member who works
for the House, who makes sure that this House is clean, and who makes
sure that this House operates. They are here sitting there in the well,
and they are here in our hallways. They are doing the jobs that allow
us to do our job.
On behalf of everyone here, I thank them for what they do every
single day. It is important.
The first vote that I took on this House floor--one of the first--was
for Superstorm Sandy relief. My good friend, Mr. Van Drew, sitting next
to me here, I am sure had more of a frontline view as a State senator
in New Jersey at the time as to what kind of impact that disaster
assistance had on the ground to those Americans who were hurting.
I went back and took criticism from many in the media and some in my
own party, and I said one thing. I said: If there is one job that we as
Congress should do and do well, it is to help Americans recover from a
disaster that they didn't ask for.
We are in the midst of the worst economic disaster that we have seen
in my lifetime. Mr. Speaker, 3\1/2\ weeks ago, we were in an economy
with economic growth and historic low sustained unemployment that we
all promised the American people we would deliver together. In less
than 3\1/2\ weeks, this economic disaster has hit many industries.
I can say, as I flew out this morning from St. Louis to Ronald Reagan
Washington National Airport, there were two Members of Congress on the
plane out of the total of four passengers. If you don't think that
industry is on the brink of collapse, I urge you to use it right now,
and you will see.
But it is our Main Street businesses and our Main Street companies
that line the streets of every rural community that I represent and
line the streets of this great country that are hurting the most. It is
their economic disaster. They are being told that they are not able to
operate.
We need to do better. We need to pass this bill and give them the
revenue, the opportunity, and the cash flow to get through this so we
can get through this as Americans.
Students: You get a chance to defer your loan payments. What is great
is, when these businesses recover, they now have the opportunity to
tax-free help you pay your student debt.
This is what happens when we work together, and these are the things
that will happen when we pass this bill. It is not about social media
today. It is about helping the American people. Let's do it.
Mr. HOYER. Mr. Speaker, I agree with the gentleman from Illinois.
This is about all of us as Americans, not as Republicans and Democrats,
helping those who are challenged, as all of our country is.
Our next speaker is my dear friend from New York City--one of the
epicenters of this challenge--who has led the Small Business Committee
with extraordinary ability and passion and making sure that the small
businessmen and -women of America are helped and addressed in this
bill.
Mr. Speaker, I yield 4 minutes to the gentlewoman from New York (Ms.
Velazquez).
Ms. VELAZQUEZ. Mr. Speaker, I thank the majority leader for yielding.
Mr. Speaker, our Nation faces an unprecedented crisis. With one in
three Americans being told to stay home to flatten the curve, the
American economy has essentially been shut off. Restaurants, hotels,
bars, retail stores, barbershops, dance and yoga studios, and gyms--
practically every segment of the small business sector is suffering
immeasurably.
Whether it is Brooklyn, New York, or Brooklyn, Wisconsin, small
businesses are the heart of America's Main Streets. Unfortunately, many
entrepreneurs are now facing impossible decisions about their future.
{time} 0940
This bill is about assisting these Main Street small businesses and
their workers, not Wall Street banks or big corporations.
We have taken a Republican-written bill that was unfairly weighted
toward big companies and reshaped it to prioritize small businesses,
their workers, and their families. This emergency package channels
relief to small enterprises now. It provides more than $377 billion in
relief for struggling small firms to help them pay workers and keep
their doors open.
First, this bill allocates $350 billion for forgivable, low-cost
loans for businesses to continue paying their employees. Let me be
clear: These loans are fully forgivable if firms keep their workforce
on the payroll during this crisis. Since the crisis began, I have been
advocating for debt-free ways to get capital to small firms. This
provision accomplishes that goal.
The new Paycheck Protection Program is designed to help businesses
and workers weather the public health crisis, remain open, and, when we
finally defeat this awful virus, resume growth quickly.
Beyond these fully forgivable loans, Democrats fought for emergency
grants. I am proud to say, working with my counterparts in the Senate,
we have secured $10 billion for SBA to provide grants to small
businesses for the first time in its history.
Additionally, we must assist current SBA borrowers that have loan
payments due soon. That is why we are providing every current 7(a) and
504 loan and Microloan borrower with payment relief for 6 months. This
deferment will also be open to new borrowers to help them stay afloat.
This bill provides SBA with $675 million in funding to not only hire
new staff and equipment, but also to ensure SBA services are being
delivered in languages other than English.
Last but not least, entrepreneurial development programs will get
$265 million for counseling and training related to COVID-19.
I should note, this bill is not perfect. It is the result of
painstaking compromise. As with any compromise, no one side got
everything they wanted. For now, however, small firms need to stop the
bleeding, and this bill provides an economic tourniquet.
Mr. Speaker, I am proud of the work we accomplished in this package.
I thank Senators Cardin, Shaheen, Coons, and Rubio and all the members
of the House Committee on Small Business that worked so hard on this
bill, as well as the ranking member, Steve Chabot, and the amazing
staff that worked long hours to get us here.
Mr. Speaker, I ask for everyone to support this bill.
[[Page H1823]]
Mr. BRADY. Mr. Speaker, I yield 2 minutes to the gentleman from
Alabama (Mr. Rogers), the leading Republican on the Committee on
Homeland Security.
Mr. ROGERS of Alabama. Mr. Speaker, I rise today in support of our
efforts to defeat this deadly virus. This bill will help people who are
hurting because of this outbreak.
For those from rural districts, like mine, our hospitals cannot
handle the onslaught of patients. Hospitals in my district face a
situation as dire as it has ever been in my 18 years in Congress. The
capacity just isn't there. Before the COVID-19 outbreak, most hospitals
in Alabama's Third Congressional District were operating with less than
a one-third profit margin.
This bill helps those rural hospitals by enabling them to buy central
supplies, build needed infrastructure for broadband and telehealth, and
keep cash flowing so they can remain able to help patients. That is the
good news.
As ranking member of the Committee on Homeland Security, I want to
acknowledge the hardworking personnel of the Department of Homeland
Security. These men and women interact with the public daily, whether
it is Transportation Security Administration, CBP, ICE, or others. They
are putting themselves in harm's way with this deadly contagion. I say
thank you for their dedication to ensuring the safety of our Homeland
Security.
This bill provides DHS with a number of its requests to combat this
deadly virus, and I am thankful for that. But for some reason, we
couldn't see fit to provide the full amount requested by Customs and
Border Protection and Immigration and Customs Enforcement to deal with
this virus. There isn't any dedicated money to purchase personnel
equipment for CBP, for example, or ICE. These professionals work face-
to-face with migrants and they deserve better.
This won't be the last time Congress has to act to mitigate the
impact of this virus on America. I thank President Trump for his
leadership, and the willingness of Republicans and Democrats to come
together to put America's needs first.
There will be the need for more help; there will be the need for more
legislation; but, for the time being, this piece of legislation must
pass, and I urge my colleagues to vote ``yes.''
Mr. HOYER. Mr. Speaker, I yield 4 minutes to the gentleman from
Virginia (Mr. Scott), my friend and neighbor from across the river, who
is the chairman of the Committee on Education and Labor and who has
done a yeoman's service on working to create this legislation and to
improve this legislation and to make it friendly for our workers and
for our families.
Mr. SCOTT of Virginia. Mr. Speaker, I say to the majority leader that
the hard work that we have done is, to a large extent, due to the
hardworking staff who have been up late at night doing this work that
usually takes months. It has just been in days that they have been able
to put this bill together.
Mr. Speaker, I rise with my colleagues on both sides of the aisle to
support the CARES Act. As a result of the significant changes made over
the past few days, this legislation now takes important steps to give
students, workers, and families the support they need during this
public health emergency.
Many of the provisions of the bill fall within the jurisdiction of
the Committee on Education and Labor. For example, one of our most
important challenges is to help workers maintain their income because
losing a paycheck exposes workers and families to so many other
problems.
Yesterday, the new unemployment claims soared to over 3 million, and
that is four times more than the previous record. The CARES Act
responds to our challenge by dramatically increasing unemployment
insurance by an additional $600 a week for up to 4 months.
The emergency unemployment insurance program also extends to self-
employed workers, so-called gig employees, many of whom are not
currently eligible for unemployment compensation because they are often
misclassified as independent contractors rather than employees.
And to my colleagues who have expressed concern that these benefits
are more generous than paychecks earned by many low-income workers, I
would say that the problem is not with the bill; the problem is with
the Federal minimum wage, which has not been increased for more than a
decade.
The CARES Act also maintains access to healthcare. The bill
specifically makes a $200 billion investment in hospitals, health
systems, and health research. It also includes a requirement that all
insurance policies cover the full costs of future vaccines within 15
days of the vaccines being officially approved. It also helps people
maintain their insurance, if they are laid off.
Finally, the bill maintains students' access to education. The CARES
Act now has more than $30 billion in relief for students, educators,
schools, and institutions of higher learning.
For institutions of higher learning, it will provide financial relief
to colleges and universities and also support grants to displaced
students. For K-12, it will provide help to educators to adapt to long-
term closures, fund purchases of education technology for online
learning, and provide equitable access to education for students with
disabilities.
The CARES Act moves us in the right direction, but it is important to
recognize that the legislation is only a down payment on the relief
that our communities will need in the weeks and months ahead. We must
immediately start work on a fourth package that reflects the
unprecedented scale of this crisis.
The next package must include safety protections for frontline
healthcare workers and emergency responders who are risking their lives
every day.
The next package must expand emergency paid sick leave and paid
family and medical leave without exceptions so workers can take care of
themselves and their loved ones without having to sacrifice their
paychecks.
The next package has to ensure that Americans who are fighting the
disease are not hit with costly medical bills afterwards.
In the second response package, we established universal, no-cost
COVID-19 testing. The next package that we have should expand the
coverage to COVID-19 treatment as well.
Mr. Speaker, it is critical for all of us to understand that the
CARES Act is not a stimulus package; it is a disaster relief effort
which must continue for as long as it takes to ensure that students,
workers, and families can survive this crisis.
Mr. Speaker, I call on all of my colleagues to support the
legislation.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Kentucky (Mr. Comer).
Mr. COMER. Mr. Speaker, my message to the American people affected by
the crisis is simple: Help is on the way.
This is not a perfect bill, and I am concerned about the $2 trillion
price tag. But the American people need help, and this response to the
present crisis will put money into the pockets of struggling workers
and families. This response provides help for small business owners who
are the lifeblood of our economy, and we are responding to rising
healthcare needs with more supplies and financial aid for our
struggling hospitals.
I will cast a ``yes'' vote for this package in support of the medical
personnel on the front lines of this current crisis. That includes
heroes like the more than 200 medical personnel from the Fort Campbell
Military Base in my district who are in New York to provide medical
support.
Mr. Speaker, I support this bill to help repair the damage caused by
the coronavirus to our workers and small businesses, but any additional
relief measures must focus on assisting Main Street businesses and
working Americans.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Schiff), the distinguished chair of the Intelligence
Committee and a member of the Committee on Appropriations as well.
Mr. SCHIFF. ``My fellow citizens, let no one doubt that this is a
difficult and dangerous effort on which we have set out. No one can
foresee precisely what course it will take or what costs or casualties
will be incurred. Many months of sacrifice and self-discipline lie
ahead--months in which both our patience and our will will be tested,
months in which many threats and denunciations will keep us aware of
our danger.''
[[Page H1824]]
Mr. Speaker, these were the words of John F. Kennedy during the Cuban
Missile Crisis. They are equally true today. We cannot see what course
this virus will take, not precisely. Many months of sacrifice and self-
discipline will lie ahead for the American people.
We will be tested, and we will prevail. America will rise to meet
this challenge or any other. Our healthcare workers already are. In
this bill, we give them the tools to do the job and we give families
the financial support they need to get by until this time of trial and
tribulation is over.
Let us support this bill and help put our people and our country on
the road to recovery.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Arkansas (Mr. Hill).
Mr. HILL of Arkansas. Mr. Speaker, I thank the ranking member for
yielding me time.
Mr. Speaker, I rise in support of H.R. 748, the Coronavirus Aid,
Relief, and Economic Security Act. This bill will provide much-needed
relief and help Arkansas' families, hospitals, and businesses in this
unprecedented time.
I have spent much of the last 2 weeks in constant communication with
Arkansas Governor Asa Hutchinson and his team as well as
representatives and workers from almost every industry in our State. I
thank them for their compassionate and hard work. I thank them for
their perseverance.
Mr. Speaker, honorary American Winston Churchill said, ``You can
always count on the Americans to do the right thing after they have
tried everything else,'' so I am thankful that we rejected irrelevant
ideas and that both sides finally set aside their differences and came
to agreement that will help our families in these trying times.
May God bless the State of Arkansas, and God bless the United States
of America.
Mr. HOYER. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Takano), the chairman of the Committee on Veterans
Affairs.
Mr. TAKANO. Mr. Speaker, I thank Majority Leader Hoyer.
Mr. Speaker, I rise in support of the Senate amendment to H.R. 748,
the CARES Act.
571 veterans in the VA's healthcare system have tested positive for
coronavirus. We have already lost nine veterans to this virus. Mr.
Speaker, 120 veterans have been admitted to VA hospitals; 185 VA
employees, including doctors and nurses providing lifesaving healthcare
to veterans with coronavirus, have also been infected.
Because of the lack of widespread testing due to supply chain
challenges like low levels of reagents, shortages of swabs and testing
kits, a dwindling supply of masks to protect healthcare workers,
understaffed VA hospitals without providers to administer the tests,
and a 2- to 7-day lag time for veterans to receive results, we know
that the magnitude of this public health emergency and the number of
veterans sickened by this deadly virus are underreported. It will only
become more severe in the weeks to come.
Providing nearly $20 billion to VA to combat this virus is vital.
This funding will save veterans' lives, protect VA's healthcare
providers and first responders, and give VA the resources it needs to
serve as the Nation's backup healthcare system in communities where
local hospitals are overwhelmed with coronavirus patients.
Mr. Speaker, this relief package provides nearly $16 billion in
funding for VA to provide healthcare to veterans, including the
purchase of essential medical supplies like ventilators. VA will have
the funds to purchase more COVID-19 testing kits, N95 masks, gowns,
face shields, and gloves--personal protective equipment to keep
healthcare providers and staff at the VA hospitals safe.
Healthcare providers and workers caring for veterans in their homes
at VA-run nursing homes, community living centers, and State-veteran
homes will also receive personal protective equipment.
Mr. Speaker, $100 million is allocated for emergency management so VA
first responders have the resources they need to help veterans and
communities during this public health emergency. $590 million is set
aside for veterans most vulnerable to COVID-19: homeless veterans and
elderly veterans in community living centers and assisted living
facilities.
Over $2 billion is provided to support VA's IT systems and strengthen
VA's telework capabilities. Greater telework capacity reduces the risk
of coronavirus transmission in VA's workforce and keeps the Department
running.
Over $600 million is set aside for VA to retrofit its hospitals and
clinics to increase the number of beds and treatment rooms to care for
veterans with COVID-19 and deploy mobile treatment units.
Over $2 billion is appropriated for veterans who need urgent or
emergency care in the community for COVID-19.
Finally, this funding ensures the VA healthcare providers putting
their lives on the line to treat veterans are paid for their overtime
work hours that they work.
Now, this relief package also makes veteran-owned small business
owners eligible for loans to pay their employees and keep their
businesses afloat and prevents veterans from losing their homes due to
foreclosure. It ensures veterans who receive stimulus checks remain
eligible for pension and means-based VA benefits.
This package is far from perfect, but there is so much in this
legislation that is critical to helping veterans and ordinary Americans
survive this pandemic. I expect that there will be more legislation to
ensure that no veterans or Americans are left behind.
Mr. Speaker, I urge my colleagues support this package.
{time} 1000
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Michigan (Mr. Mitchell).
Mr. MITCHELL. Mr. Speaker, our country faces a public health and
economic challenge unlike any we have experienced in 100 years. We must
protect the health of the American people while also ensuring our
economy is able to bounce back as the coronavirus subsides.
I urge at every opportunity that Congress assist Americans with
income support while also providing a critical lifeline to businesses,
especially small businesses. The CARES Act achieves those objectives
through direct checks to American households, improved unemployment
compensation, and federally backed loans to businesses.
This bill is certainly not perfect. Rarely do we see perfect in this
Chamber, and certainly not in these circumstances. However, we cannot
delay; we cannot waiver. We must ensure this aid is delivered to the
American people as soon as possible.
The American people are looking to us to lead at this moment, and we
must do so now, so I rise to support the CARES Act. I urge my
colleagues to do the same and move this to the President's desk.
Mr. HOYER. I thank the gentleman for his comments.
Mayors deal with this problem every day on the street face-to-face.
They know how critical this problem is.
Mr. Speaker, I am pleased to yield 1 minute to the gentleman from
Rhode Island (Mr. Cicilline), the former mayor of Providence and the
chairman of our policy committee.
Mr. CICILLINE. Mr. Speaker, this is a public health crisis unlike any
other in modern history.
Since day one of this pandemic, House Democrats have been focused on
two things: saving lives and supporting families, workers, and small
businesses. That is why we moved swiftly in recent weeks to pass two
bipartisan relief packages that provided billions of dollars for
medicine, protective gear, and lab tests; low interest loans for small
business; emergency paid leave; and free coronavirus testing.
Yet we understood more needed to be done for working families. Mitch
McConnell still tried to use this third package to put huge
corporations first, but Democrats fought to make this bill about the
folks who really need help.
Thanks to the leadership of Speaker Pelosi and our extraordinary
committee chairs, that is what this bill does for healthcare workers on
the front lines of this fight and the working folks and small business
owners struggling to get by.
That is why this bill provides $130 billion for hospitals to treat
patients and to protect workers, $360 billion in relief for small
businesses, $250 billion
[[Page H1825]]
in direct cash payments to workers and families, and an average of 4
months of full pay for workers who are laid off because of this crisis.
Let's pass this bill now.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Wisconsin (Mr. Steil).
Mr. STEIL. Mr. Speaker, Americans' health and American jobs are being
attacked by an invisible virus, and this House is called upon to
respond today. Americans need our help.
I have heard countless stories of people struggling. I spoke to a
young woman from Kenosha worried about losing her job and caring for
her young children. I listened to a doctor from Janesville who
desperately needs protective masks.
America is fighting a war on two fronts: a public health crisis and
an economic crisis.
While far from perfect, the CARES Act provides needed relief: free
testing, supplies for hospitals, protection of workers' paychecks, and
assistance to those who have lost their jobs.
At times, this bill does leave much to be desired. There is
unnecessary spending, including $25 million for a Washington, D.C.,
theater.
However, the Senate did its job. President Trump continues to do his
job. Now the House must do ours. We cannot let the perfect be the enemy
of the good.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
Colorado (Mr. Neguse), my friend and the president of the freshman
class.
Mr. NEGUSE. Mr. Speaker, one of the many leaders of the talented
freshman class.
Thank you to Majority Leader Hoyer for his leadership. Thank you to
Speaker Pelosi for her leadership and our very distinguished committee
chairs for their work on this incredible, important bill.
As many have said, this bill is far from perfect, but let us be clear
about one thing: The American people need relief now, not tomorrow, not
next week, not next month--now.
And so the question before this Chamber is very simple: Will we step
up for the American people? Will we step up for the healthcare workers
sacrificing their own health to save the lives of others? For the
millions of unemployed across our country in each of our States
struggling to make ends meet to pay their rent, to be able to feed
their families? For the small businesses in Boulder and Fort Collins
and Broomfield and across our country on the brink of collapse? For the
scientists at CSU and at NIH and everywhere in between working to
develop a vaccine to the COVID-19 pandemic?
I pray and I hope that we will step up for them by passing this bill
today. Let's get it done. Let's meet this moment.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Kansas (Mr. Marshall).
Mr. MARSHALL. Mr. Speaker, last Sunday, the Senate announced a
bipartisan framework to help individuals and small businesses through
the Chinese coronavirus crisis, then politics entered the fray. In the
5 days that have followed, coronavirus has cost hundreds of Americans
their lives, over 40,000 infections have occurred, and millions of jobs
have been lost.
But, thank goodness, cooler, more pragmatic heads have now prevailed.
I want to thank our President for his leadership, for halting travel
from China, and I want to thank the President for reaching out early to
private enterprise to solve the testing challenges. These are the
decisions that actually saved lives.
And, finally, I want to thank the President for his constant message
of hope and determination, for believing in us, that we will develop
cures and vaccines, that we can and will rebuild this great economy.
As a physician, I want to remind Americans to follow the President's
15-day guidelines. Let's flatten the curve. Let's not let up. Let's
ignore petty political games and beat this virus. As one Nation under
God, this exceptional Nation will prevail.
Mr. HOYER. Mr. Speaker, at this time, I yield 1 minute to the
gentlewoman from Pennsylvania (Ms. Wild).
Ms. WILD. Mr. Speaker, as the representative of Pennsylvania's
Seventh district, just 1\1/2\ hours from New York City, I have a unique
perspective on this crisis.
The two world-class hospital networks in my community, the Lehigh
Valley Health Network and St. Luke's University Health Network, are
also the biggest employers in my district. They anxiously await the
spread of this disease to our front lines.
Across my community, our nurses, lab techs, PAs, physicians,
custodial, and cafeteria staff have worked tirelessly to care for every
patient. Despite their concern for their own well-being and despite
often lacking adequate gear to protect themselves, they put the most
vulnerable ahead of themselves. They are the pride of my community. The
actions of healthcare workers around the country say to us: We are all
in this together.
Our response cannot be: Fend for yourself. Now we have to do our part
and provide them with enough personal protective equipment and enough
ventilators for their patients.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Arizona (Mr. Biggs).
Mr. BIGGS. Mr. Speaker, the vote we take today may be the most
monumental vote during our tenure in Congress, and the amount of money
we are committing is, in itself, epic.
I have heard folks from both sides, and particularly the other side,
talk about this is all for the families and the working people, and yet
I find myself saying, if that is the case, we might have produced a
bill that didn't include millions of dollars for nonessential,
nonemergency-related funding such as the Kennedy Center, NPR, the
Smithsonian, the Institute of Museum and Library Services, the National
Endowment of Arts and Humanities.
Could we have done this without strengthening the hands of unions in
the private sector? Sure. But we give $88 million to the Peace Corps,
which fired over 7,000 volunteers just 10 days ago, hundreds of
millions more to the IRS, refugee assistance, election security, and
the Department of Education. These may be worthy or not, but they
certainly have no place in an economic relief package, and it is a
shame that they are in here.
The President is rightly concerned about whether the cure here, the
economic cure, may be worse than the sickness.
We incentivize small employees to keep their----
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from Nevada
(Mr. Horsford).
Mr. HORSFORD. Mr. Speaker, Mr. Majority Leader, my chairman, Chairman
Neal, today this body is here to send a united message to the American
people: Help is on the way.
Yesterday, the Department of Labor released devastating numbers
revealing that 3.28 million people in America filed unemployed claims
in the past week. My home State of Nevada alone saw a 182 percent
increase in claims. That is unprecedented job loss. American families
need unprecedented relief to address it.
An important provision in the Families First Coronavirus package laid
the groundwork for expanding unemployment benefits. Now, with the CARES
Act, we are going above and beyond for our country's workers, providing
an additional $600 per week for the next 4 months.
No person in this country should worry about putting food on the
table or paying their bills while trying to keep themselves, their
families, or their neighbors safe.
I know the pain and uncertainty that losing a job or facing a
furlough causes.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Utah (Mr. Curtis), the former mayor of Provo.
Mr. CURTIS. Mr. Speaker, I rise in support of the CARES Act, the
largest economic disaster recovery package in our Nation's history.
Given the size and the scope of this pandemic, it is a hefty price tag
that must be paid.
But I challenge my colleagues to join me in dealing with the
consequences of spending money we don't have. It is time to get our
financial house in order before it becomes our next crisis.
I represent a State that has a balanced budget and a rainy day fund.
We do it on a State level, and we can do it on a Federal level.
[[Page H1826]]
I have heard stories of the devastating effects of COVID-19. One of
the most important, unique parts of Utah's culture is the pride we take
in serving one another, especially in a time of crisis. This spirit,
coupled with the targeted stream of resources designed to keep money in
the economy and people healthy, will be the key ingredients to ensuring
communities across the State can fully heal from this unprecedented
crisis. We will weather this storm together.
Mr. HOYER. As a former uniformed police officer on the streets of one
of our largest cities in America, our next speaker knows firsthand the
challenges of our first responders.
Mr. Speaker, I yield 1 minute to the gentleman from Arizona (Mr.
O'Halleran).
Mr. O'HALLERAN. Mr. Speaker, I rise today in support of the CARES
Act.
Families and businesses across America and Arizona are struggling,
and healthcare workers and first responders are being asked to perform
their important work without proper protective gear.
In my district, the Navajo Nation is dealing with a
disproportionately high amount of COVID-19 cases. There were 71
confirmed cases in the community as of last night. This bill allocates
over $1 billion to the Indian healthcare service and to Tribal
healthcare providers and over $400 million to Tribal governments for
equipment.
I urge my fellow colleagues to vote for this legislative package that
will provide relief to struggling American families and ensure the
Tribal communities are not overlooked.
There is no excuse for our healthcare professionals to not be
protected and our first responders.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Kansas (Mr. Estes).
Mr. ESTES. Mr. Speaker, in times like this, I am inspired by the
strength and generosity of the people in Kansas and across our Nation.
However, we know that the coronavirus outbreak has impacted hardworking
Kansans, their families and their friends and relatives across the
country.
Wichita is their capital of the world. In our area, we have already
been hit hard by the grounding due to the 737 Max issues, but now small
businesses are facing uncertainty, as Kansans have been asked to stay
at home, not knowing when they can resume operations again.
Today, I rise on behalf of the workers and families in Kansas who
need Congress to get this right. Every minute we spend trying to
politicize this crisis wastes critical time and hurts Americans. We
should focus on what really matters: offering stability to families
that need it and getting America back open for business again.
The CARES Act assists small businesses and distressed industries,
giving families and unemployed workers the financial means to make it
to the other side of this crisis and ensures that job creators are
positioned to keep paying their workers and rehire those who have been
laid off when we recover.
Kansans and Americans across the country----
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
Colorado (Mr. Crow), who has served his country on the front lines of
battle in the defense of freedom.
Mr. CROW. Mr. Speaker, our country and the American people are in
crisis, and it requires our action now.
To be clear, this is not a perfect bill, but it is the bill that
America needs today. It will provide immediate relief: direct cash
payments to millions of Americans to pay rent, to buy food, and to pay
their mortgages, and over $370 billion to our small businesses in
immediate grants and loans.
There is much more that needs to be done, but we will work together
to do it and improve, moving forward. We will get through this
challenging time as a country because that is what America does. We are
at our best when we come together and meet our common challenges, and
that is exactly what we will do.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Idaho (Mr. Fulcher).
Mr. FULCHER. Mr. Speaker, the United States of America is at war. Its
invisible foe is called coronavirus.
Having a virus is not a new precedent for America. It is happened
twice in the 20th century: the Spanish flu and polio.
But in an attempt to slow this outbreak, we did set a new precedent.
For the first time in history, we mandated the economy shut down by
law.
Now, we don't yet know the benefits of that, but we do know the cost.
It is about $2 trillion dollars. And one must ask: What is the cost of
not acting?
It is agonizing to take on this debt, but here is a game-changer for
me: When the government shut down the economy, it assumed the
responsibility for bringing it back. This virus may threaten our
health, but 98 percent or more will survive that. We will not allow the
virus to take away our livelihoods.
Mr. Speaker, I will be supporting the bill.
Mr. HOYER. Mr. Speaker, I misspoke and elevated Mr. Neguse from
Colorado, who is on the leadership and the freshman representative to
the leadership, but now I am really recognizing the president of the
freshman class, an extraordinary woman who has been in the Federal
Government to rescue our automobile industry, and I thank her for her
service.
Mr. Speaker, I yield 1 minute to the gentlewoman from Michigan (Ms.
Stevens).
Ms. STEVENS. Mr. Speaker, I rise before you today in this Chamber
during this critical time in the United States of America, where our
country faces a battle with a pandemic, the biggest battle we have
faced as a nation together in generations. Amidst uncertainty, we work
to keep Americans alive by stopping the spread of COVID-19.
In these times, heroes will be made and not selected. We are in a
global pandemic. Many Americans may perish unexpectedly and suddenly in
unfair circumstances.
These are not pleasant words to hear. Treatments and cures are
needed. They will take time. Economic security must be guaranteed.
The outbreak of COVID-19 has spread throughout our land. Listen to
the scientists and the doctors who have spent a lifetime in this space.
Listen to Dr. Fauci. This is not a moment to provide the false comforts
of times past.
We are so proud of Americans who are sacrificing so much right now.
Our students, gone from their beloved classrooms and classmates. We
beam for our manufacturers who have no----
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. STEVENS. I request 30 more seconds because I rise before you
adorning these latex gloves not for personal attention, but to
encourage you to take the----
Mr. HOYER. Mr. Speaker, I yield the gentlewoman from Michigan an
additional 30 seconds.
Ms. STEVENS. Join me in the calls of servitude, sharing in the
profession with those who have now come before you. Similar times of
trying medical need, wars and flus past, you will see darkness, you
will be pushed, and our society needs you to stand together at this
time. Our country loves you.
To our doctors and our nurses, I wear these latex gloves to tell
every American: Do not be afraid.
The SPEAKER pro tempore. The time of the gentlewoman has again
expired.
Ms. STEVENS. I tell my fellow Americans do not be afraid. Look and
see the beauty and opportunity in nature and humanity all around you.
The SPEAKER pro tempore. The gentlewoman from Michigan is no longer
recognized.
{time} 1020
Mr. BRADY. Mr. Speaker, I am proud to restore bipartisan work, and I
yield 1 minute to the gentleman from South Carolina (Mr. Wilson).
Mr. WILSON of South Carolina. Mr. Speaker, I rise in support of the
legislation.
This week, Star Parker provided insight in ``Staying Free and
Faithful in a Pandemic'' in The Daily Signal:
``The coronavirus presents challenges to us as Nation and as
individuals. There are principles we should keep in mind. We have a
Constitution that assigns limited, defined powers to the Federal
Government and leaves the rest to the States and individuals.''
[[Page H1827]]
Trump acted with deliberation, shutting down flights from China. We
know this virus is most lethal to the elderly. There are large
variations among the States. The answer is we should maximize local
responsibility.
There are two other things to keep in mind. One is, life is
unpredictable. That is why socialism and national planning are so bogus
and always result in failure, and that is why freedom is so critically
important. Only through freedom is responsibility focused on
individuals.
Two, faith is critical. It is faith that keeps us human, faith that
binds us together, unique individuals.
``Faith will play a key role in helping our Nation through this
crisis and emerge better for it.''
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Queens, New York (Ms. Ocasio-Cortez), one of the epicenters of this
challenge to our country.
Ms. OCASIO-CORTEZ. Mr. Speaker, I represent one of the hardest hit
communities in the hardest hit city in this country, Queens, New York--
13 dead in a night in Elmhurst Hospital alone. Our community's reality
is this country's future if we don't do anything.
Hospital workers do not have protective equipment. We don't have the
necessary ventilators. But we have to go into this vote eyes wide open.
What did the Senate majority fight for? One of the largest corporate
bailouts with as few strings as possible in American history. Shameful.
The greed of that fight is wrong for crumbs for our families. And the
option that we have is to either let them suffer with nothing or to
allow this greed and billions of dollars, which will be leveraged into
trillions of dollars to contribute to the largest income inequality gap
in our future.
There should be shame about what was fought for in this bill and the
choices that we have to make.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Virginia (Mr. Riggleman).
Mr. RIGGLEMAN. Mr. Speaker, it wasn't so long ago that our country
experienced an event that would bring Americans together to fight a
common enemy and help those in need.
On September 11, 2001, America experienced the worst act of terrorism
in its history. The resolve and patriotism I felt that day, as a
warfighter, is so very similar to the resolve and patriotism I feel
today.
Government can do some things for the American people. The CARES Act
is not perfect, but it provides much-needed funds for medical
equipment, support for small businesses, and additional tools to fight
the crisis. This bill is a step forward, and when combined with the
same American spirit that brought us through 9/11 and crises past, we
can come out of this stronger.
The true strength of our great Nation is what people do for each
other. Rugged individualism turns into compassionate sacrifice. The
charity of American spirit expands and envelops all others. We see
those in need. We act. We volunteer. We lead. We step into the breach.
Almost nothing perfect comes out of government. Service, however,
demands that we put forth a perfect effort to do the best we can.
Mr. HOYER. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Illinois (Mrs. Bustos), one of the leaders of our party from the
heartland of our country.
Mrs. BUSTOS. Mr. Speaker, I rise in support of the CARES Act.
Yesterday, the United States became the country with the most known
COVID-19 cases in the world. We are all concerned for our families, for
our friends, for our farmers, for our futures.
But today, we have the opportunity to take a step forward to come
together, even as we must stand apart, to help our fellow Americans, to
strengthen our communities, and to face this threat as one.
Illinois workers are afraid they will lose their jobs, if they have
not already. Small businesses are making hard decisions between keeping
staff or closing their doors. And our farmers, who have already endured
so much pain, are worried sick about what is ahead this year, not only
because of this worldwide pandemic, but also because of the threats of
more flooding.
That is why I join my colleagues on the floor today to cast my vote
for the most significant relief package in American history. This vital
legislation will help struggling Americans make ends meet. It will
expand unemployment insurance to help those who lose their jobs through
no fault of their own.
It will help small businesses secure precious dollars to keep their
employees and communities afloat. It will help our farmers, who have
always stood with us, to provide much-needed resources to feed the
world.
This bill is not perfect. No bill ever is. But it is the strong
medicine we need to defeat this invisible enemy.
Let us come together today to pass this bill and declare that no
virus will ever tear apart this country.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Washington (Mr. Newhouse).
Mr. NEWHOUSE. Mr. Speaker, I rise to support this unprecedented
economic relief package in response to these unprecedented times.
It is clear this pandemic is having a profound impact on the American
people. It is our job to make sure that this impact is not a lasting
one.
Especially clear is just how devastating this crisis is hitting rural
communities like those in central Washington. This bill provides
desperately needed relief to rural hospitals, many of which are the
only healthcare provider for a great number of my constituents.
It will support the agricultural industry to ensure hardworking
farmers and ranchers can continue to provide food security for our
Nation. It will provide stability for workers and small business owners
who are the backbone of our local economies.
Mr. Speaker, this is a 9/11 moment, a time to put partisan
differences aside, policy goals aside, and work together as Americans
for the people of our Nation.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Cisneros).
Mr. CISNEROS. Mr. Speaker, our country is in a crisis, and the
American people are looking to Congress for action and leadership. That
is why I stand in support of the CARES Act, which provides our workers,
small businesses, healthcare workers, and so many more in California's
39th District the relief they need.
Whether it is to provide PPE and medical equipment to our healthcare
workers, financial support for our workers without jobs, or resources
for our small businesses, Congress is taking significant steps to help
our communities.
At the same time, we are enforcing strict oversight to prevent secret
bailouts and ensure that those on the front lines of our global
epidemic come first.
While the CARES Act throws a lifeline to our workers and our economy,
we will need to do more. There is not a single community across the
United States that hasn't been affected by the coronavirus in some way.
That is why our next stimulus package must provide direct funding for
our cities and towns with less than 500,000 residents.
Although we have had to be physically apart, our community and our
country have come together with the American spirit and determination
needed to help us get through this crisis.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentlewoman from
Puerto Rico (Miss Gonzalez-Colon).
Miss GONZALES-COLON of Puerto Rico. Mr. Speaker, the CARES Act
ensures that all citizens in Puerto Rico are treated equally under the
Federal grants and benefits incorporated in this bill, which I strongly
support.
Puerto Rico has been in lockdown since March 15, and more than 48,000
people lost their jobs already. This bill will help our small
businesses, people, and the nutrition assistance program, as well as
the health industry, to tackle those issues.
Puerto Ricans are ready because we have the infrastructure of a great
pharmaceutical and skilled workforce that stands ready to ramp up and
deliver medications and devices when backed up by the Defense
Production Act.
We need to rebuild our American workforce in a domestic territory.
That is the reason I thank the President and the leadership of the
Senate and the House for putting together this economic health package
to give our
[[Page H1828]]
localities the resources to tackle this crisis affecting our Nation so
we can focus on staying safe and healthy. I urge my colleagues to vote
in favor of it.
Mr. HOYER. Mr. Speaker, may I inquire as to the time left for both
sides.
The SPEAKER pro tempore. The gentleman from Maryland has 52\1/2\
minutes. The gentleman from Texas has 63 minutes.
Mr. HOYER. Mr. Speaker, I yield 2 minutes to the gentleman from New
Mexico (Mr. Lujan), the former chairman of our campaign committee and
an extraordinary candidate for the United States Senate for New Mexico.
Mr. LUJAN. Mr. Speaker, I rise today in strong support of the
legislation before us.
We are living in uncertain times. This virus has drastically reshaped
each one of our communities, and there is likely more change to come.
Today, Americans need us. They need the support and resources
provided by this bipartisan legislation. They need access to protective
equipment, a personal safety net, and economic assistance.
Workers need assurances that their economic security is paramount
because it is the American worker at the cornerstone of our economy.
In this bill, I fought so that trade workers and engineers employed
at New Mexico's national labs can continue protecting our national
security mission. We cannot let them down.
We must pass this bill for the teacher who is delivering meals to
students to make sure they don't go hungry just because they are not in
the classroom.
We must pass this bill for nurses, doctors, healthcare professionals,
and first responders who haven't slept as they provide for the sick.
We must pass this bill for rural communities that need the lifeline
to ensure seniors are fed and individuals can access healthcare when
the nearest doctor is hundreds of miles away.
We must pass this for everyone who is fighting to keep one another
safe, healthy, and afloat. We cannot let them down.
The reality we wake up to each day may change, but what remains the
same is that we face this crisis together. Like every crisis we have
faced before, we will get through this together.
Passage of this legislation is an important step, but I want every
New Mexican and every American to know that we understand this
uncertain time demands an extraordinary response. Together, we will not
let each other down, and we will meet that challenge.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from west Texas (Mr. Arrington).
Mr. ARRINGTON. Mr. Speaker, the Greek physician Hippocrates once
said: For extreme diseases, extreme methods of cure are most suitable.
While this medicine will have some short-term side effects, it is our
best hope for curing the crisis.
Our Nation is fighting a global pandemic and the prospects of a
looming national disaster. While I have serious concerns with some bad
policies, partisan provisions, and the overall price tag of
this legislation, I am more concerned about inaction, delaying support
for millions of hurting Americans, and the threat of an even costlier
recession for our country.
This national emergency has wreaked havoc on our country and upended
every aspect of our lives. We must move quickly to provide temporary
relief for our working families, small businesses, and frontline
healthcare professionals.
Mr. Speaker, this is uncharted territory. This is an unprecedented
crisis. Extraordinary circumstances call for extraordinary measures.
I stand united with my colleagues and my countrymen in these
difficult days.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Virginia (Mr. Connolly).
Mr. CONNOLLY. Mr. Speaker, America is bleeding. America is in deep
suffering and even deeper anxiety, and it counts on its Congress to
respond with alacrity, thoughtfulness, and action.
We have no time to dither. We have no time to engage in ideological
or petty partisan fights. Our country needs us as one.
Mr. Speaker, 3.28 million people filed for unemployment last week. In
my State, that translated into a 17-fold increase in 1 week. The number
of coronavirus victims quadrupled in that time period in my State, and
those figures are reflected throughout the country.
Now is the time to come together. Now is the time to show our fellow
countrymen that we can rise to this occasion and re-instill in them the
hope and confidence that will come.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Ohio
(Mr. Wenstrup).
Mr. WENSTRUP. Mr. Speaker, Americans are suffering. They are
suffering in the face of an unseen enemy, a natural disaster that we
can only defeat together.
I have spent hours on the phone with Ohioans, national leaders,
doctors, researchers, elected officials, and business and community
leaders, listening to what they are doing to help us through this
crisis and asking what they need.
This bill is not perfect, but it does provide emergency relief
legislation that helps our healthcare workers, our hospitals, and our
businesses with liquidity, and it helps keep our workers on the
payroll, as well as helping Americans most in need.
We see businesses retooling their industry. We see groups donating
supplies and others seeking cures. We are learning many lessons,
finding many flaws that we must fix so we have the opportunity to come
back even stronger and more responsible than ever.
We need to pass this bill. This time is very unprecedented. Let's get
it done.
Mr. HOYER. Mr. Speaker, I yield 4 minutes to the gentlewoman from
Illinois (Ms. Schakowsky), one of the senior Members of the Congress of
the United States, a member of the Energy and Commerce Committee.
Ms. SCHAKOWSKY. Mr. Speaker, I am proud to be here as a member of the
Energy and Commerce Committee, and I rise, as we all know, during one
of the most challenging moments in the history of our country and, I
would say, the world.
Americans are hurting, and families are suffering. The calls that are
coming to my office, and I am sure to yours, too, are just
heartbreaking.
But today, we will pass a bill that will provide critical relief to
begin the healing in our communities. Despite, I have to say, the
failure of leadership from our President, Congress has, in fact,
stepped up.
Thanks to the unity of House and Senate Democrats, we pushed the
initial Republican proposal from corporate-first to families-and-
workers-first.
We fought for and won a $100 billion investment in hospitals and
healthcare systems for our doctors and nurses on the front line
fighting the coronavirus, often without the equipment that they need.
I am imploring the President to fully invoke the Defense Production
Act so that our frontline workers will have the protective gear that
they need and right now are not getting.
The CARES Act will also provide double the unemployment insurance
benefits that Republicans initially proposed. This will help countless
restaurant workers and small business employees who call my office and
say: ``We need help.''
Thanks to Democrats, the small business owners in my district will
now be able to make payroll, with their mortgages and utility costs
eligible for Small Business Administration loan forgiveness.
Sadly, this bill isn't all that it could be. I am deeply disturbed
that my Republican colleagues are trying to exclude local Planned
Parenthood clinics from this small business financing, especially since
they are helping people every single day to be able to get the
healthcare they need.
I am also really disappointed that they took this opportunity to
irrelevantly add to this the Hyde amendment.
I especially want to take the time to thank the people who are
working today, and I am glad to be here among you doing just that. But
we are seeing people who are outside here, the Capitol Police, the
people who are helping to clean our environment, the people who are now
working at jobs like the people in my grocery store, the Jewel Food
Store in my neighborhood, the people who are bagging my groceries, who
are loading my shelves, who are
[[Page H1829]]
taking my money in order to buy the food that all the people in my
community need. They are risking their lives, too, and deserve the
thanks.
I want to thank my Governor, Governor J. B. Pritzker, who has
actually created a response fund that will put money into community
organizations and not-for-profits that can help people who aren't
covered here, who need to be covered in the next bill. I am talking
about immigrants and undocumented people.
{time} 1040
Mr. BRADY. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Wyoming (Ms. Cheney), the chair of the Republican Conference.
Ms. CHENEY. Mr. Speaker, 67 years ago yesterday, Dr. Jonas Salk
announced that the United States had successfully tested a vaccine to
prevent polio, a dreaded virus that afflicted tens of thousands of
Americans. Mr. Speaker, we have beaten terrible diseases before, and we
will again.
When we were attacked on 9/11, our heroes were the firefighters and
police officers who ran towards the burning buildings and the citizens
who stormed the cockpit of flight 93, who put their own lives at risk.
Mr. Speaker, we have those same heroes today. Today they are the
thousands of nurses and doctors and countless other healthcare
professionals and their staff who work in our hospitals and clinics and
provide the greatest care anywhere in the world.
Mr. Speaker, we owe them our deepest gratitude. We also owe them
every tool, every piece of equipment, and every resource they need to
save lives.
Mr. Speaker, we also have a duty to our parents and our grandparents.
In this greatest Nation on Earth, we protect the sick and the most
vulnerable. We owe all we have to our mothers and our fathers, to the
generations who came before, and we must do all we can now to protect
them.
All of us, Mr. Speaker, are called into the service of this blessed
Nation at this time of challenge, not as Democrats or Republicans, but
as Americans. This pathogen does not recognize party lines, and no
partisan solution will defeat it--neither will the government acting
alone. It will take all of the ingenuity and innovation of the American
private sector working with our Federal, State, and local governments.
This is not a time for cynicism or invective or second guessing. This
is a time to remember that we are citizens of the greatest Nation on
Earth, that we have overcome every challenge we have faced, and that we
will overcome this one.
We are one nation, Mr. Speaker. We should all be rooting for our
President to succeed, for New York Governor Cuomo to succeed, for
California Governor Newsom to succeed, and for Wyoming's Governor Mark
Gordon to succeed.
Indeed, we must do everything we can to help every State and every
Governor in our great Union. The bill we are voting on today is a
crucial step.
On the Sunday after 9/11, my family worshipped at Evergreen Chapel at
Camp David with the families of Cabinet officials and servicemembers
who were assigned there, many of whom would go on to serve overseas in
the following years.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. BRADY. Mr. Speaker, I yield the gentlewoman from Wyoming an
additional 30 seconds.
Ms. CHENEY. Mr. Speaker, that morning, as our Nation faced another
time of testing, the chaplain urged us:
Work as though everything depends on you, because it does.
Pray as though everything depends on God, because it does.
We will defeat this virus. We will restore our economy. We will heal
our Nation. We are Americans.
Mr. HOYER. Mr. Speaker, I yield myself 10 seconds.
Mr. Speaker, I thank the gentlewoman from Wyoming for her remarks. I
am sure all of us on this floor can subscribe to them and, hopefully,
react accordingly. I thank the gentlewoman for her remarks.
Mr. Speaker, I yield 1 minute to the gentlewoman from Nevada (Ms.
Titus), another senior Member of the Congress of the United States.
Ms. TITUS. Mr. Speaker, I thank the leader for yielding.
Whenever our economy is hurting, my congressional district in the
heart of Las Vegas is always among the hardest hit. This time is no
different. The people who work at restaurants in Chinatown, clean hotel
rooms on the strip, and entertain visitors downtown are struggling to
pay rent and feed their children. I want them to know that this
recovery package was put together with them in mind.
The bill will provide direct payments to most Americans, expand
unemployment insurance, and give small businesses increased access to
low-interest loans. It will add more oversight to corporate borrowing,
while helping make sure that southern Nevadans will have a job to
return to when this is over.
The bill will also send more resources to hospitals to make sure that
our heroic healthcare workers on the front lines of this epidemic have
the resources they need. We have all been inspired by the example they
have set in this difficult time.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Montana (Mr. Gianforte).
Mr. GIANFORTE. Mr. Speaker, last night, we learned a Montanan died to
COVID-19, the first in our State. Our hearts are heavy back home.
Mr. Speaker, Montanans are concerned. They are concerned about the
health of their families and communities. They are concerned about the
fallout from this outbreak. They are concerned they may have to shutter
their businesses and lay off their workers. They are concerned they may
not have a job tomorrow or see their next paycheck.
We are addressing many of these concerns today in the CARES Act. It
helps families and workers so they can pay their bills and put food on
the table, provides loans and grants to small businesses so they can
keep their doors open. It boosts funding to support those on the front
lines, from hospitals to healthcare providers to CDC and the VA
clinics.
Mr. Speaker, I encourage my colleagues to vote for the CARES Act and
provide emergency relief to the American people facing this crisis.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Virginia (Mrs. Luria), a retired Navy commander who has been on the
front line herself and knows what the front line is all about.
Mrs. LURIA. Mr. Speaker, I rise in support of the Coronavirus Aid,
Relief, and Economic Security Act. This is a necessary step in
providing relief to families and small businesses throughout coastal
Virginia and across America. This bill provides critical funding in
helping our communities thrive again when this crisis passes.
As we prepare to provide relief for the American people amid this
national emergency, I am reminded of the words that President Kennedy
would have spoken were it not for his untimely loss on November 22,
1963.
`` . . . this a time for courage and a time for challenge. Neither
conformity nor complacency will do. Neither the fanatics nor the faint-
hearted are needed . . . So let us not be petty when our cause is so
great. Let us not quarrel amongst ourselves when our Nation's future is
at stake. Let us stand together with renewed confidence in our cause--
united in our heritage of the past and our hopes for the future--and
determined that this land we love shall lead all mankind into new
frontiers of peace and abundance.''
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Joyce).
Mr. JOYCE of Pennsylvania. Mr. Speaker, as a Member who has voted
against a number of large spending bills in the past, I have to admit,
this legislation has given me significant pause. But we as a nation
face the largest threats that I have seen in my career as a doctor and,
certainly, during the short time that I have spent in Congress.
The President has declared a national emergency. Governors are
instituting shelter-in-place orders nationwide, and consumers have been
told not to consume because businesses have been told to shut their
doors and not conduct business.
If government is forcing them to shutter their doors, then our
responsibility is to help them out. The American Dream cannot be shut
down by a
[[Page H1830]]
virus, and that is why I will support this legislation, Mr. Speaker. It
is time to put political gamesmanship aside and pass legislation for
the health and safety of our Nation.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from the
Virgin Islands (Ms. Plaskett).
Ms. PLASKETT. Mr. Speaker, our Nation faces the worst pandemic in
most of our lifetimes. We are, indeed, in an unprecedented time. Like
the rest of the Nation and countries around the world, the Virgin
Islands' life has significantly been altered.
Americans need the urgent action of this body, the Congress, to
address this threat to the lives and livelihood of the American people.
We do so with passage of this bill.
It is not a perfect bill, but this short-term action will go a long
way to save lives, help the economy, and pave a path to recovery.
Aside from support to healthcare and the economy, one of the most
important measures in this bill, in the CARES Act, is the support and
investment we make in our children. The $30 billion in educational
funds, as well as the $14 billion allocated to higher education, will
do that.
The foresight and fortitude of the Speaker and Democratic leadership
to ensure that small businesses, local government, and American workers
and families--often forgotten--are included in this bill will go a long
way.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Pennsylvania (Mr. Meuser).
Mr. MEUSER. Mr. Speaker, this is not a crisis caused by a specific
industry or weak economy. This is a voluntary shutdown of our economy
in order to save lives. As a result, our government needs to support
the families and businesses that are directly feeling the pain of this
national emergency.
The CARES Act will buy the needed resources for our hospitals and
healthcare providers to safely care for the sick, ensure that
hardworking Americans receive income and increased unemployment
benefits during the crisis, extend emergency loans to small businesses
which are forgivable for retaining their employees during this crisis,
and establish a stabilization fund for other stressed businesses and to
maintain liquidity in our economy.
This bill is not perfect, but it is a necessary response to an
unprecedented crisis. With these policies, coupled with the efforts of
the private sector and the American people, we will defeat the virus
and be ready for what will truly be a great American comeback.
Mr. HOYER. Mr. Speaker, I yield 4 minutes to the gentlewoman from
California (Ms. Waters), the chair of the Financial Services Committee,
a senior Member in the Congress of the United States.
Ms. WATERS. Mr. Speaker, I rise in support of the Senate amendment to
H.R. 748, now referred to as the Coronavirus Aid, Relief, and Economic
Security Act, or CARES Act.
Congress must take action to provide relief and assistance to the
millions of people across the Nation who are struggling in the midst of
this national public health and economic emergency.
With 3.3 million Americans filing for unemployment last week, 1
million Californians filing for unemployment in the last 2 weeks, and
many families struggling to make ends meet, it is our duty as elected
officials to step up and help them.
Several weeks ago, as the chair of the Financial Services Committee,
I led the Democratic members on the Financial Services Committee in
devising a comprehensive plan to address the financial services aspects
of the coronavirus crisis. I am pleased that today's bill includes some
elements of this plan.
The legislation before us takes important steps to protect and
provide relief for consumers, renters, homeowners, and people
experiencing homelessness.
The bill will address the shortage of key medical supplies and
equipment by providing a $1 billion appropriation to the Defense
Production Act Fund.
It will support small businesses and local, territory, and State
governments and ensure that any Federal aid to corporations has
conditions and independent oversight.
The bill provides $4 billion to help combat the outbreak of this
disease among the homeless community.
Most importantly, building upon my proposal, most individuals and
families across the country will receive a check or direct deposit for
$1,200 for each adult and $500 for each child to help our families who
are struggling during this unprecedented crisis.
While I am pleased that the legislation includes these provisions
that Democrats fought for, while I support the bill's passage, I must
make it clear that the legislation is far from comprehensive and that
there are issues that it leaves unaddressed and areas where it falls
short.
H.R. 748 does not prohibit negative credit reporting during the
crisis, forgive student loan debt, or suspend all consumer credit
payments, among other concerns. However, despite these shortcomings,
this bill is the most consequential piece of legislation that many of
us will ever vote on.
The American people need help, and they need it now. This bill
represents a down payment on that relief. I look forward to working
with the Speaker, my committee colleagues, the Senate, and others on
the next phase of relief.
While it is clear that Congress must pass a fourth package to address
these and other shortcomings, the passage of today's bill is critical
for all families and communities.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Arkansas (Mr. Womack), the top Republican on the Budget Committee.
Mr. WOMACK. Mr. Speaker, we have a responsibility to the people we
serve, and the moment is now to mitigate the damage to our people and
our economy.
For those who question the price tag, for those who question certain
features in the bill, think of the images we have all seen that are
unprecedented in our lifetimes: the senior citizen only able to see
family members through a window; worse yet, Americans dying alone; the
frontline medical professionals fighting an invisible disease, risking
their very lives to bring hope to a frightened public; the businessman
fighting to stay solvent, to keep a workforce, and to live to see
another day; the scientists and engineers desperately searching for an
answer.
Who among us can question the crisis we are in and the needs of the
people we serve?
By midday today, Mr. Speaker, let us be remembered for taking the
actions necessary to put aside our politics and deliver to the American
people.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Virginia (Ms. Spanberger), who also has seen challenge up front and
personal.
Ms. SPANBERGER. Mr. Speaker, I will be voting for this bill for the
children who are forgoing their school and for the millions of children
for whom that means that they are losing the stability and the
nutritional support that comes with it.
I will be voting for this bill for my family members and my friends
and constituents who have lost their jobs in the past 2 weeks because
of this pandemic.
I will be voting for this bill so that we may deliver support to the
small business owners and restaurateurs throughout central Virginia who
have closed their doors in order to stop this pandemic and keep their
neighbors safe.
I will be voting for this bill for the healthcare workers in my
district who are risking their lives to make our communities safer.
I am grateful to the sanitation workers, the mail carriers, the UPS
workers, the FedEx workers, the grocery store workers, and those who
work in our nursing homes and facilities across our districts and
across our country. I thank them for adding a bit of stability to our
country during this extremely difficult time.
Mr. BRADY. Mr. Speaker, may I inquire as to the time remaining.
The SPEAKER pro tempore. The gentleman from Texas has 53\1/2\ minutes
remaining. The gentleman from Maryland has 39 minutes remaining.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Texas (Mr. Flores).
Mr. FLORES. Mr. Speaker, a few days ago, White House and
congressional Republicans presented a bold, bipartisan plan of action
to help hardworking Americans deal with our current challenges. This
plan puts much-needed resources where they are most
[[Page H1831]]
needed: our families, our healthcare system, our small businesses, our
other businesses affected by this crisis, and our State and local
governments.
One of the things that we found out during this crisis is that our
healthcare system supply chain relies far too much on foreign sources
like Communist China. We can never allow this to happen again.
In order to fix that problem, I am pleased the Senate and House
negotiators included my request to help fund $3.5 billion to utilize
three existing centers in innovation for advanced development
manufacturing.
One of these CIADMs is part of the Texas A&M University System, which
I represent. These public-private CIADM partnerships are uniquely
positioned to accelerate research, development, and manufacture of
vaccines and therapeutics to mitigate pandemics, and they do it right
here in America.
{time} 1100
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Perry), my good friend.
Mr. PERRY. Mr. Speaker, the coronavirus emanating from China is here.
We can't stop that. We can't go back, but I am distressed by the
Hobson's choice that we have.
It is ravaging our communities. It is ravaging our healthcare system.
It is ravaging our economy. And we should be solely focused on healing
our communities and saving the small businesses, the big businesses,
and the economy that make America great.
So as we discuss this and also discuss a fourth--yet another--
package, no more Hobson's choice, no more billion-dollar bailouts for
things that are unrelated, no more policies that are long-standing for
a short-standing issue that needs our critical attention.
Mr. Speaker, whatever we do, let's do no harm.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Burgess), my fellow Texan.
Mr. BURGESS. Mr. Speaker, I thank the gentleman for the recognition.
Our country is in a war crisis unlike anything that has been seen for
over 100 years, but there are heroes. We know our first responders. We
know our doctors and nurses on the front lines, in our intensive care
units. We know what heroes they are. But, Mr. Speaker, not all heroes
wear capes.
I have a furniture manufacturer in my district, Barbara Caldwell, who
called me last weekend and said she wanted to transition her furniture
manufacturing to manufacture personal protective equipment, and she is
doing so.
I had an aircraft manufacturer that said they wanted to manufacture
ventilators, and they are changing their clean room and hiring the
engineers so that they can do that.
We do have heroes in this country. They don't always wear capes.
I also want to recognize the hard work done by the staff on the
Committee on Energy and Commerce Subcommittee--J.P. Paluskiewicz,
Kristen Shatynski, Kristin Seum, Caleb Graff; and then on my staff,
Elizabeth Allen, Casey Patchunka, Rachel Huggins, and my chief of
staff, James Decker--who are all over in the office right now making
certain that this goes smoothly.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Harris).
Mr. HARRIS. Mr. Speaker, we are here a week too late, not because we
didn't know what our citizens and businesses needed, but because too
many in the congressional swamp felt that you never let a serious
crisis go to waste: filling this important bill with pork and earmarks,
like $25 million to the Kennedy Center, $57 million to NPR, $75 million
to the National Endowment for the Humanities instead of more masks and
ventilators.
But, Mr. Speaker, many Americans do need our thanks:
Thank you to the frontline healthcare workers who selflessly and
compassionately care for victims of the Wuhan virus.
Thank you to President Trump for his leadership and for his
transparency with the American people in this time of crisis.
Thank you to my anesthesiologist colleagues who have stepped up to
the challenge. They are trained in intensive care, and the ventilators
on their anesthesia machines could prove critical if this fight
escalates.
Finally, thank you to all those Americans who followed the
President's recommendation on 15 Days to Slow the Spread of the Wuhan
virus.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Kentucky (Mr. Guthrie).
Mr. GUTHRIE. Mr. Speaker, as all of our colleagues came in yesterday
and this morning and make an effort to get back, it was important that
we were all home last week.
I was home last week and got to talk to a barber, sole proprietor,
has his own shop and had to close down because of the order. Now he is
going to have an income.
I talked to a businessman, who said, almost in tears: I am going to
have to lay people off for the first time in 40 years of business.
After this bill passes, he will not have to do that.
And the businesswoman who says: I have a rent payment due at the end
of the month; after this bill passes, she will be able to pay her rent.
Mr. Speaker, I am humbled, and today, I am going to vote for the
largest bill in American history. I think it should make us all a
little nervous, but it is, after being home, listening to the stories
of those in our communities, the right thing to do.
Mr. Speaker, I encourage my colleagues to support our communities and
support those making our country better, and I am here to say I am
going to support this bill, and I encourage my colleagues to do so as
well.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. LaMalfa).
Mr. LaMALFA. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, this bill is indeed historic, the largest disaster
relief package in American history. I am disappointed, as many of my
constituents are, that much of this bill is not directly targeted at
emergency relief, but that is the cost of doing business in a divided
government in such divided times.
Indeed, much that was on the last-minute ideological wish list has
been removed and focus returned to the virus and its economic effect. A
colleague said earlier, this is much like a 9/11 moment. It is up to us
today.
Highlights include: help for our revered veterans, nearly $20 billion
for their medical care, homeless vets, and modernizing VA telehealth;
expansion of telehealth into rural America, like my own district, to
bridge that gap in rural services technology; $350 billion in
guaranteed SBA loans, cushioning the blow and providing much stability
for small businesses so that their employees will have jobs waiting
when the all clear signal finally sounds.
Mr. Speaker, it is my hope and prayer that this act hits the targets
and brings the certainty that I hope most of us in this room desire
and, importantly, meets the needs of the very concerned American
people.
Mr. Speaker, I thank President Trump and his team for leading our
country back to stability.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from New
York (Mr. Suozzi), former county executive in Long Island.
Mr. SUOZZI. Mr. Speaker, as you know, my father was born in Italy,
and he would say, ``What a country.'' And my grandfather, at family
weddings, would give advice to the new couples and say: ``Non c'e sono
rose senza spine,'' ``You cannot have a rose without the thorns.''
Well, we mourn the thorns in our country right now. So many people
are suffering because of their health, because of their sickness,
because they are worried about their family's finances, and because of
the deaths that have taken place.
But, today, we have to also celebrate the roses, those essential
workers who are working for the common good every single day: the
grocery workers, the postal workers, the healthcare workers, the people
who are out on the front lines every single day, looking out for us
every single day.
I want to celebrate, today, the roses of life: of Democrats and
Republicans coming together for the common good, putting aside
ideological purity and working together to try and help people who are
facing these desperate times.
Mr. Speaker, God bless this country, and God bless all of our
American people.
[[Page H1832]]
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Indiana (Mr. Pence).
Mr. PENCE. Mr. Speaker, yesterday, I got in my car and drove to
Washington, D.C., from Columbus, Indiana, on behalf of the voters in
Indiana's Sixth District.
Mr. Speaker, I am here to support President Trump and be a voice for
Hoosiers who need relief from this virus now. I have been fully engaged
in making sure that this package preserves the health and livelihood of
Americans.
We need to protect the health of Americans and get them back to work.
Congress has come together to provide relief and support for hospitals,
families, workers, and small businesses.
Mr. Speaker, I came here to fight for Hoosiers' prosperity and the
American Dream. We can't afford to wait another minute for relief.
Let's do our job and get it done.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Swalwell).
Mr. SWALWELL of California. Mr. Speaker, we will get through this.
That is who we are. That is what we do.
Throughout our country's history, with leadership and resources, the
American people have shown resilience to overcome every crisis we
faced. This will be no different.
As we meet here in this Chamber, across America, from Eden Hospital
in Castro Valley, California, to hospitals in New York City, our health
workers, our doctors, our nurses, our receptionists--the janitors who
support them--are toiling away to heal the sick. We see them. We hear
them. We need them. And this bill, more than for anyone else, is for
them.
This relief package also helps the next generation: student
borrowers, people who are working their first jobs and paying off their
student loan debt and, without a paycheck, find themselves in financial
quicksand. This allows them to cancel their payments through the end of
the fall and also suspends the accrual of interest.
Mr. Speaker, we will get through this. It is just who we are, and it
is what we do.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Walberg).
Mr. WALBERG. Mr. Speaker, I rise today in strong support of the
Coronavirus Aid, Relief, and Economic Security Act and our President.
This pandemic has upended life for everyone. I have heard from
workers living from paycheck to paycheck who face an uncertain future.
I have heard from struggling farmers. I have heard from small business
owners who suddenly can't make payroll or rent. I have heard from
courageous healthcare professionals and first responders who
desperately need personal protective equipment to continue to care for
the sick.
These are incredibly trying times. While the CARES Act won't solve
every unique challenge, help is on the way.
America has faced periods of profound adversity in the past. Each
time, we prevailed. Together, as Americans, we will do so again.
But may we remember that, while our Nation is locked down, our
creator, God, is wide open to our prayers. Let's use them as we put
hands and feet, together, to our prayers.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from New
Mexico (Ms. Haaland), one of the first two Native American women to
serve in the Congress of the United States. And this bill, of course,
reaches out to our Tribal communities to make sure that they are whole.
Ms. HAALAND. Mr. Speaker, this global crisis causes us to ask: How do
we value the workers who grow and harvest our food? How do we value the
healthcare workers who risk their own lives for our loved ones? How do
we value the people who educate and care for our children?
Democrats fought hard to ensure this bill includes comprehensive
support for healthcare workers. It also creates a $150 billion relief
fund so that State, local, and Tribal governments can fight this
pandemic.
I know what it is like to live paycheck to paycheck. The stimulus
package provides direct payments to working familles so they can pay
bills. The Small Business Rescue Plan will aid small businesses and
nonprofits in New Mexico to maintain their existing workforce and pay
rent.
Yet, still, Congress must continue to act. Even after we stop the
spread of this virus, we must ensure our families have the help they
need. I support the Coronavirus Aid, Relief, and Economic Security Act
because we must battle this threat together.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Ohio
(Mr. Gonzalez).
Mr. GONZALEZ of Ohio. Mr. Speaker, COVID-19 is hitting our country
hard and fast, but Americans across our country and in my home district
in northeast Ohio are rallying together to confront and overcome this
latest challenge.
In Ohio's 16th District, we have seen restauranteurs with now-empty
dining rooms making free meals for students in Green Local School
District. We have seen businesses, like Buehler's Grocers, do
everything they can to prevent layoffs and support employees who come
to work every day to ensure their shelves are stocked for those who
need it.
Our hospitals are bracing for impact, but we have seen our healthcare
providers, like at the Cleveland Clinic and University Hospitals,
working their hardest to innovate through this crisis by developing
their own tests and launching drive-through testing facilities.
Our great Governor, Mike DeWine, is setting the gold standard of
leadership in response to this crisis. He is taking decisive action to
flatten the curve and save lives in the Buckeye State.
This bill provides critical resources for those who need it most: our
heroic healthcare workers, our small businesses, the unemployed, and
our local leaders who are fighting this virus on the front lines.
Mr. Speaker, I vote ``yes.''
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from Staten
Island, New York (Mr. Rose), who, himself, has been on the front lines
fighting for freedom and, now, fighting for our people.
Mr. ROSE of New York. Mr. Speaker, I rise today in support of this
bill because each and every day new workers, people in my own
community, are dying.
I rise today in support of this bill because our front line soldiers
of this war--our nurses and our doctors--need masks.
I rise today because days from now, weeks from now, New Yorkers will
need thousands of more ventilators.
I rise today because hundreds of thousands of New Yorkers have been
laid off.
And I rise today in support of this bill because this virus doesn't
see party affiliation. Today, we rise as Americans, not Democrats or
Republicans.
Mr. Speaker, lastly, I rise today in support of this bill because
this is just the beginning. More work will need to be done. New York
needs more help, but we are Americans, and we can get the job done.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Dunn).
Mr. DUNN. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise in strong support of the CARES Act.
COVID-19, otherwise known as the coronavirus, has seriously impacted
our country, both medically and economically. During this unprecedented
time, it is imperative that we not only take proper precautions, but
react in an effective manner.
This bill is not perfect. It has a very large price tag. However, a
crisis of this magnitude requires Congress to act swiftly and
decisively. This bill represents a bipartisan compromise that can make
this happen.
We have single household incomes, seniors on fixed incomes, and small
business owners who need relief right now. My constituency is still
rebuilding after Hurricane Michael, and I intend to do whatever it
takes to get them the help they need right away.
This is an excellent opportunity for us all to come together and
support our constituents. Please join me in supporting this stimulus
package.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Malinowski).
Mr. MALINOWSKI. Mr. Speaker, I am proud to stand here today and to
say to my constituents in Phillipsburg,
[[Page H1833]]
in Dover, and in Clark who are out of work, to our restaurant owners in
Somerville and Summit, to our nurses and doctors at Overlook and
Hunterdon Medical: Help is on the way.
This does not mean we are done. There is so much more to do for our
local governments, for example, for our hospitals and healthcare
system. Congress must keep working.
Let's use technology. Let's use remote voting. Let's have virtual
hearings to make sure this money we are approving goes out the door
quickly and to the right people.
And let's remember, we are not here today rescuing the economy
because of a virus. We are rescuing the economy because of our failure
as a nation to test for that virus.
So Congress will do our job. We will take care of the economy. I
implore the President to work with us, Republicans and Democrats, to
fix the supply chain for masks, for ventilators, for test kits. Don't
talk about reopening America until we have done what we must to reopen
it safely.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Arizona (Mr. Schweikert).
Mr. SCHWEIKERT. Mr. Speaker, think of this: Doesn't it feel like it
was just yesterday the Federal Reserve Chairman was telling us we were
in the Goldilocks economy? The wage growth for the working poor was the
best in modern economic times.
I will argue we need to find a path back to that. That economic
growth was moral. It was an amazing thing. Good things were happening.
And then we hit this black swan.
This is ripping my heart out because there are things in this bill
that just don't belong there. I consider them--well, I can't say that
word in front of a microphone. We all have these moments in our
political lives where we walk up in front of this microphone and we are
going to say: I am going to have to vote for something that has things
in it that break my heart.
But we must do the right thing. We must get back to that economic
growth. We must get back to that prosperity that was enveloping this
country. And, hopefully, we will look back, do a great postmortem,
understand the things we did wrong, and fix them in the future.
{time} 1120
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
Massachusetts (Mr. Lynch).
Mr. LYNCH. Mr. Speaker, I rise in support of this bill, and I want to
associate myself with the remarks of the gentlewoman from Wyoming.
Although, in recounting the heroes of 9/11, she forgot the United
States Postal Service workers, and we have forgotten them in this bill.
During 9/11, the United States Postal Service workers continued to
deliver the mail despite the anthrax attacks. And they continue to
deliver medical supplies and medicines to every home and business in
America today, 6 days a week, yet they received no benefits in this
bill.
We need them also to execute a delivery-by-mail system, a vote-by-
mail system, in this crisis to preserve our democracy as this crisis
continues. So we need to fix that in the next bill that we consider for
this type of relief. We have to remember the United States Postal
Service workers and the great job they have done on behalf of our
country.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Indiana (Mr. Bucshon).
Mr. BUCSHON. Mr. Speaker, these unprecedented times call for unity to
help Hoosiers and all Americans who are struggling medically and/or
financially through no fault of their own.
This relief package puts Americans first, with aid for families,
workers, small businesses, and companies that employ millions of
people.
There is assistance for healthcare providers who are on the front
lines, working tirelessly to save our friends, neighbors, and family
members from COVID-19, in addition to their usual duties.
I am proud to see that two provisions I have helped author are
included in this package. These bipartisan policies will ensure
patients have timely and affordable access to COVID-19 preventive care,
such as vaccines and testing, and make clear that doctors who provide
volunteer medical services during this public health emergency have
liability protections.
I have spent the past week talking to hospitals in Indiana. It could
not be clearer that they need our help, just as we need their help, to
defeat the virus and to keep our loved ones safe.
I urge my colleagues to support this package so we can provide the
relief Americans desperately need.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from New
Jersey (Mr. Norcross).
Mr. NORCROSS. Mr. Speaker, I rise today in favor of this bill, but
also to say thank you to my brothers and sisters who are on the front
line, yes, those who work in the supermarkets, who are delivering the
mail, who keep the lights on, who keep the water running. We are
thanking them because they are making a sacrifice today.
We have always been tough. Americans are special, and we will rise to
this occasion. Fate calls us. We will answer.
We say thank you to everyone here and to all those serving America.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Upton), the former chairman of the Energy and Commerce
Committee.
Mr. UPTON. Mr. Speaker, let's face it: Coronavirus has totally
disrupted our lives across the country, in every community and
certainly around the globe. To all of us, it is frightening. It is a
nightmare.
This bill is a partial response to end that disruption. It provides
our medical workers, our hospitals, our small businesses, and virtually
every family needed assistance.
To you who oppose this bill, please, please stand down. We can't wait
another day to help. Don't add to this disruption by, in fact, being a
disrupter. Be a leader.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson Lee), one of our most senior Members.
Ms. JACKSON LEE. Mr. Speaker, I join my friend from Michigan. There
should be no one who rises to object, in spite of the fact that we know
there are challenges in this bill.
But I hear these words: ``We are scared. We are stressed,'' the words
of an emergency room doctor. These are the ones who are on the front
lines right now, today, when we have the largest number of cases as a
nation and over 1,100 dead.
Now we have $500 billion for industries, with oversight; $350 billion
for small businesses, which includes the microbusinesses, the gig
economy, and faith institutions and nonprofits. I will fight to make
sure all of our nonprofits get it. We also have direct payments for
individuals, as well as $100 billion for hospitals.
I watched as the Memorial Medical Center gave out over 1,100 tests, a
small hospital putting themselves on the front line.
Here are my words, Mr. Speaker: No man is an island. Each man's death
diminishes me, for I am involved in mankind.
We must get this passed for the people of the United States.
Mr. Speaker, as a senior member of the Committees on the Judiciary
and on Homeland Security, and founder and Co-Chair of the Congressional
Corona virus Task force, I rise in strong support of H.R. 748, the
``Coronavirus Aid, Relief, and Economic Security Act'' or ``CARES
Act,'' which is the third and latest bipartisan assistance and relief
package passed by Congress and provides more than $2 trillion to
address the adverse health and economic impacts of the COVID-19
pandemic.
I quote Dr. Megan Ranney, an Emergency Room Physician: ``We are
scared. We are stressed. And we're worried about what comes next and
about our ability to take care of our patients and our communities. As
well as our ability to take care of ourselves.''
Therefore, I rise to thank all of the First Responders all over the
nation--medical personnel are First Responders.
I specifically, thank my Hometown Houston local leadership--mayors,
the County Judge, School leaders and all volunteers--thank you.
COVID-19 is the great equalizer--we all can become ill from it--no
matter if we are rich or poor; the powerful or the powerless.
We will all succeed, or we will all fail--today we are here to make
sure that all of America succeeds.
Tens of thousands of medical personnel and professionals are on the
frontlines of a battle over the survival of tens of millions of people
in the United States.
[[Page H1834]]
We as a nation must place our trust and faith in these heroes as they
take to the battlefield of emergency rooms, ICUs and beyond to win this
war against COVID-19 because they are the only warriors capable of
waging a successful battle against this implacable foe.
The title of the Greatest Generation that ever was--is held by the
generation that fought World War II.
They did not bestow that title upon themselves--it was future
generations who looked back on what they had done and how their
sacrifices saved future generations from war, famine, and untold
horrors from authoritarian regimes.
Future generations will judge what we do in our moment of crisis to
save them from the effects of this pandemic and the consequences of
future pandemics that may threaten to emerge in the future.
Let us be judged as worthy to be on the list of Great Generations to
have guided this nation during some of its darkest hours into the light
of day--still shining as that beacon of freedom for the world.
The needs of families are three-fold: health maintenance, healthcare,
and financial.
This is just the third measure to address the needs of the American
people, but more will need to be done as this national--no global
disaster unfolds.
I and my fellow Democrats will man the ramparts of this nation and
keep a close eye on the frontlines of this battle to ensure that the
people in the fight have everything they need to win this war.
The economic and emotional stress that families and working people
are under in this nation during this crisis is tremendous and they need
the help that we Democrats have fought and won for them in each of the
bills passed so far and in this measure.
I join my fellow Democrats in supporting passage of each of the bills
that provide essential tools to local, state, tribal, territorial
governments and to individuals and families to help them weather this
storm.
I fought for cash payments for all Americans up to $3000 per adult
and $1500 per child and the bill provides for $1,500 per adult and
$7,500 for a family of five.
I sought relief for the entertainment industry including freelancers,
independent contractors and those in the music, dance, and visual
performing arts--the bill provides for enhanced unemployment
compensation of $600 a week for any worker affected by COVID-19 to be
combined with other benefits to replay 100 percent of wages for the
average worker.
I fought for the development of a small business grant program funded
through the Community Development Block Grant (CDBG) program by way of
H.R. 6292, ``The COVID-19 Recovery Small Business Grants Act.'' This
legislation is modeled after my Hurricane Harvey Relief legislation and
it should include enhanced support for restaurants and bars. Add $125
million dollars more to the CDBG account--the bill provides $500
billion in grants and interest free loans. I requested much needed
relief for non-profit organizations including faith-based institutions
who are closed due to the Coronavirus and the allows these entities to
access the $350 billion in funding provided to small businesses.
I fought for and will continue to fight for small businesses who
purchased business interruption insurance coverage are being told by
insurance companies that they will not cover the Coronavirus.
I wrote to the President requesting that he invoke the Defense
Production Act to fully implemented his authority to meet the need for
personal protective equipment, medical supplies and technology to save
lives.
I sought support for the aviation industry in the form of low
interest loans, and I will continue to work to include them in the next
aid package with the condition that they must agree to no employee
layoffs and no share buybacks.
I fought for $155 billion for hospital expansions to create more bed
space that will be needed for Coronavirus victims and the bill provides
for $150 billion for hospitals and $80 billion in low interest loans to
hospitals.
I also, sought a directive to be issued prior to mass testing for the
reimbursement to health providers who are providing free testing, the
cost of test should be fully borne by the Federal government and not
healthcare providers--the bill eliminates cost-sharing for COVID-19
treatments and vaccines for all patients.
In addition to these measures, I am working to include in the next
aid package: a prohibition on foreclosures or evictions for upwards of
3 to 6 months for all housed persons living within the United States;
utility restoration so that every American has access to potable water,
electricity, and where available natural gas while complying with stay
at home orders, quarantines, and telework requirements; and funding for
alternative facilities and relocation needs for prisoners to prevent
community spread within federal, state, and local prison systems.
The government is an umbrella on a stormy day.
The storm instead is not just hitting one community, region or state
it has it is hitting the entire country with every community,
neighborhood, and family with tremendous force that they need help that
only the Federal government can provide.
In 2008, it was said that some companies were too big to fail, well
today the American family is too important to the future of this nation
to fail and we Democrats will make sure that they have all that is
required to save as many lives as possible and assure not only physical
survival but your economic survival.
Some may wonder why the American family matters so much to our
nation.
According to the Center on Budget and Policy Priorities, half of
federal revenue or 51 percent comes from individual income taxes.
Another 35 percent of revenue comes from payroll taxes, which are
assessed on the wage or salary paychecks of almost all workers and are
used to fund Social Security, Medicare Hospital Insurance, and
unemployment insurance.
Corporate income taxes make up about 6 percent of federal revenue,
with the remaining 8 percent coming from excise taxes, estate taxes,
and other revenue sources.
It is imperative that we are clear eyed about what we are doing with
the tax revenue of this nation--it is paid by working people.
Corporations, businesses and top one percent of the nation's
wealthiest people received a trillion-dollar tax cut last year.
Nothing in the COVID-19 emergency response measures has changed this
fact.
Given the state of the demand on the federal treasury the funds
provided to major corporations and businesses that so richly benefited
from the tax cuts should repay any funds paid to them from the
treasure.
This is only fair, right and just.
They may need funding a bridge to provide for stability over the
course of the year, but they will emerge in an economy with pent up
demand that once unleashed will create prosperity that is unheard of
and that point they should begin to reply what they received from the
treasury.
This is not the case for working people who will emerge basically
where they were and in need of consumable that were out of reach or
unavailable once the crisis ends.
The relief provided in this legislation is essential if we are
address and overcome the unique challenges posed to America and the
global community by the coronavirus outbreak.
Mr. Speaker, as of today, there were at minimum 552,598 cases of
coronavirus across the globe and 85,755 in the United States, resulting
in more than 25,042 deaths worldwide and at least 1,304 in the United
States.
On top of that, by taking the necessary measures to slow the pandemic
and ``flatten the curve'' so as not to overwhelm the nation's health
care system, economic activity in the United States has experienced a
severe shock to the system.
Yesterday, the Department of Labor reported that the number of first-
time unemployment insurance claims exceeded 3.3 million, shattering by
nearly 500 percent the previous record of 700,00 set in 1982 after the
passage of Reaganomics.
In addition, on March 23, 2020, the Dow Jones Industrial Average
(DJIA) dipped to 18,321.62, which is even lower than it was on Election
Night 2016, and far below the 19,827 mark where it stood on January 20,
2017.
In other words, Mr. Speaker, all the gains that were made to the
stock market and heralded by this Administration as evidence of its
genius have been wiped out, depleting the retirement savings and 401ks
of millions of ordinary Americans.
So, Mr. Speaker, it is essential that this Congress act and act now
to put in place measure that will address the public health crisis,
stem the economic onslaught, and ameliorate the suffering and
deprivation of individuals and communities.
The coronavirus bill that Senate Republicans put forward this weekend
was a non-starter and put corporations first, not America's workers.
It gave big corporations billions in taxpayer dollars with no real
requirement to protect their workers' wages and benefits instead of CEO
pay, stock buybacks and layoffs.
It failed to provide meaningful support for Americans losing their
jobs or hours.
And it certainly did not satisfy the priorities that were so critical
to the constituents I represent in the Eighteenth Congressional
District of Texas, which were:
1. To provide increased funding for small, urban and rural hospitals
under 150 beds and for federally qualified health clinics;
2. Enhanced training and resources for CBP personnel where
international flights land beyond the originally designated airports;
3. Funding for airports that receive international travelers to allow
for quarantine facilities to be established and for medical personnel
to be onsite;
4. Funding for school districts to cover non-teaching personnel to
make sure cafeteria
[[Page H1835]]
workers, bus drivers and janitorial services have equal access to
resources if their schools are closed;
5. Financial support for state and county governments and school
districts;
6. Enhanced funding for protective equipment for Transportation
Security Officers; and
7. Reimbursement for telemedicine.
Thanks to the leadership of we Democrats, the Republican
corporations-focused proposal has been turned into a bipartisan
workers-first bill and has now been passed by the Senate.
Because of Democratic contributions, the legislation before us
contains bold, pro-worker provisions that are desperately needed to
protect the health and well-being of the American people.
For example, I fought for $155 billion in funding to help hospitals
in the fight against coronavirus, and won a $100 billion investment in
hospitals, health systems and health research, and $150 billion for
state and local governments in this agreement, to give them the
resources they desperately need during this emergency.
As a Democrat, I fought for and won for American workers a massive
$260 billion investment in Unemployment Insurance benefits to match the
average paycheck of laid-off or furloughed workers and secured an
additional 13 weeks of federally-funded benefits to be made available
immediately, defeating a last-minute attempt by Republican senators to
claw back the $600 in expanded Unemployment Insurance.
For small businesses, Democrats insisted on and won a $377 billion
infusion of fast relief for small businesses and made rent, mortgage
and utility costs eligible for SBA loan forgiveness.
For students, Democrats fought for and secured more than $30 billion
in emergency education funding and eliminated income tax on student
loan repayment assistance by an employer.
And to protect taxpayers and provide accountability and oversight,
Democrats opposed and defeated Republican attempts to create a $500
billion secret corporate slush fund controlled by the Treasury
Secretary.
This coronavirus legislation builds on the swift actions previously
taken by the House in response to COVID-19.
Three weeks ago, on March 4, 2020, the House passed H.R. 6074, the
``Coronavirus Preparedness and Response Supplemental Appropriations Act
of 2020,'' which provides $8.3 billion of entirely new funds and
commits more than $3 billion to the development of treatments and a
vaccine available to all, and protects against price-gouging of
medicines developed with taxpayer dollars.
This legislation also provided $2.2 billion in prevention,
preparedness and response measures, including nearly a billion dollars
to help state, local, tribal and territorial health systems and helps
families by extending telemedicine services regardless of where they
live and supports small businesses, with billions in low-interest SBA
loans to those affected.
Passage of the ``Coronavirus Preparedness and Response Supplemental
Appropriations Act of 2020,'' was followed 10 days later, on March 14,
2020, by H.R. 6201, the ``Families First Coronavirus Response Act,''
which ensures free coronavirus testing for everyone who needs a test,
including the uninsured and increases funding for Medicaid to support
local, state, tribal and territorial health systems, so that they have
the resources needed to combat this public health emergency.
In addition, this legislation provides two weeks of paid sick leave
and up to three months of family and medical leave for eligible workers
and enhances Unemployment Insurance and supports small businesses by
fully reimbursing them for providing leave.
Finally, the ``Families First Coronavirus Response Act'' promotes
food security for families by strengthening nutrition initiatives
including SNAP, student meals, seniors' meals and food banks.
Mr. Speaker, the COVID-19 pandemic reminds us once again how
interconnected our world is and how an action occurring in a faraway
place can reverberate around the world.
On December 31, 2019, the first cases of pneumonia detected in Wuhan,
China were first reported to the World Health Organization.
One week later, on January 7, 2020, Chinese authorities confirm that
they have identified the virus as a novel coronavirus, initially named
2019-nCoV by the WHO.
Four days later, on January 11, 2020, the Wuhan Municipal Health
Commission announces the first death caused by the coronavirus, a 61-
year-old man exposed to the virus at the seafood market who suffered
respiratory failure caused by severe pneumonia.
On January 13, 2020, Thai authorities report a case of infection
caused by the coronavirus involving a Chinese national who had arrived
from Wuhan.
Three days later, January 16, 2020, Japanese authorities confirm that
a Japanese man who traveled to Wuhan is infected with the virus and on
January 20, 2020, China reports 139 new cases of the sickness,
including a third death.
On January 20, 2020, Dr. Anthony Fauci, director of the National
Institutes of Allergy and Infectious Diseases, states that the National
Institutes of Health is ``in the process of taking the first steps
towards the development of a vaccine'' against the coronavirus.
The next day, on January 21, 2020, officials in Washington state
confirm the first case on United States soil.
From that first outbreak of coronavirus four months ago, the
coronavirus has made its way across the oceans and across the borders
of nation-states to the point where today it is present in more than
145 countries and all 50 states, including 1,456 cases and 17 deaths in
my home state of Texas.
As the poet John Donne wrote in ``For Whom the Bells Toll'':
No man is an island, entire of itself;
every man is a piece of the continent, a part of the main;
if a clod be washed away by the sea, Europe is the less, as
well as if a promontory were, as well as if a manor of
thy friend's or of thine own were;
any man's death diminishes me, because I am involved in
mankind, and therefore never send to know for whom the
bell tolls;
it tolls for thee.
So, Mr. Speaker, we must act.
No single one of us can do everything, but everyone can do something.
That is why I thank the unsung heroes, the grocery staff, delivery
persons, all essential workers; Thank You.
Here is how I proceeded to join with our community to sound the
alarm--so help could come earlier. But we will prevail, with hard work
and the American spirit.
On February 10, 2020, I held the first press conference on the issue
of the novel Coronavirus at Houston Intercontinental Airport where I
was joined by public health officials, local unions, and advocates to
raise awareness regarding the virus and the implications it might have
for travel to the United States from China and to combat early signs of
discrimination targeting Asian businesses in the United States.
On February 24, 2020, I held a second press conference on the
International Health Regulations Emergency Committee of the World
Health Organization's declaration of a ``public health emergency from
the outbreak of the Coronavirus'' where I also released an Action Plan
calling for:
1. Enhanced production of N-95 masks;
2. Informing state health agencies and all federally qualified health
clinics to test all patients presenting with flu like symptoms for the
coronavirus;
3. Increasing the supply of flu vaccine and use public service
announcements to promote getting a flu shot to reduce the number of
persons with flu like symptoms;
4. The federal Coronavirus Task Force to name a single coronavirus
authoritative source for all federal information on the virus and
establish clear communication links to K-12 and post-secondary schools,
the media, and the public;
5. Require that the nation's airports, trains, and mass transit
systems, both small and large, have in place response teams as
necessary to deal with and treat the traveling public; and
6. Ensure the federal advisory task force makes public reports on the
status of the spread of the coronavirus, including by the development
of a computer app that provides up to date travel advisories regarding
certain countries and basic information on the virus
On February 26, 2020, I wrote the Chair and Ranking Member of the
Committee on Homeland Security, seeking a briefing from Acting
Secretary of Homeland Security Chad Wolf to gain insight into the
preparedness of DHS to address a possible pandemic.
In early March 2020, I founded the bipartisan Congressional
Coronavirus Task Force with Congressman Brian Fitzpatrick of
Pennsylvania and Congressman Raul Ruiz of California and invited all
members to join; at last count over 25 members have signed on.
I have advocated to the President and congressional leadership on the
need for robust support and assistance that puts workers and their
families first.
And just yesterday, I announced the opening of a wing at United
Memorial Medical Center in Houston that will house 46 new beds to treat
coronavirus victims.
Mr. Speaker, let me list briefly several of the many of the other
salutary provisions of the legislation now before us:
1. $150 billion for a state and local Coronavirus Relief fund, of
which Texas is slated to receive $11.25 million;
2. 4 months of more unemployment insurance instead of 3;
3. $6.3 billion for the Strategic National Stockpile for critical
medical supplies, personal protective equipment, and life-saving
medicine;
4. $10 billion for SBA emergency grants of up to $10,000 to provide
immediate relief for
[[Page H1836]]
operating costs once a small business or non-profit has applied for an
Economic Injury Disaster Loan;
5. $17 billion for SBA to cover 6 months of payments for small
businesses with existing SBA loans;
6. $30 billion in emergency education funding and $25 billion in
emergency transit funding;
7. $30 billion for the Disaster Relief Fund to provide financial
assistance to state and local governments, as well as private
nonprofits providing critical and essential services;
8. $30.75 billion for grants to provide emergency support to local
school systems and higher education institutions to continue to provide
educational services to their students and support the on-going
functionality of school districts and institutions;
9. Prohibition banning stock buybacks for the term of the government
assistance plus one year on any company receiving a government loan
from the bill;
10. Robust worker protections are attached to all federal loans for
businesses;
11. Real-time public reporting required of Treasury transactions
under the Act, including terms of loans, investments or other
assistance to corporations;
12. Retention tax credit for employers to encourage businesses to
keep workers on payroll during the crisis;
13. Income tax exclusion for individuals who are receiving student
loan repayment assistance from their employer; and
14. Eliminated ``secret bailout'' provision that would have allowed
bailouts to corporations to be concealed for 6 months.
Mr. Speaker, in 1862 Annual Message to Congress, President Abraham
Lincoln wrote:
The dogmas of the quiet past are inadequate to the stormy
present. The occasion is piled high with difficulty and we
must rise with the occasion. As our case is new, we must
think anew and act anew. We must disenthrall ourselves, and
then we shall save our country.
Mr. Speaker, the occasion demands that we rise, and I urge all
Members to join me in voting to pass the Senate Amendment to H.R. 748,
the ``Coronavirus Aid, Relief, and Economic Security Act'' or `CARES
Act.'
House of Representatives,
Washington, DC.
Dear House and Senate Appropriators: Thank you for all your
strategic and important work on the Coronavirus pandemic for
which this nation has never faced in its modern history. As
we are aware, the Coronavirus is in all 50 states and any
financial response must be significant and long lasting. As a
result, I am recommending the following:
1. Cash payment for all Americans up to $3000 per adult and
$1500 per child. The criteria should be based on national
income levels already designated or for individuals and
families making under $85,000.
2. Relief for the entertainment industry including
freelancers, independent contractors and those in the music,
dance, and visual performing arts. This particularly impacts
those in the gospel music industry due to concert
cancellations and church closures. All these individuals are
most vulnerable as a result of cancellations and closures.
There should be a special account under the extended
unemployment insurance which will allocate an additional
$2,000 to the cash payment for these individuals whose income
is generated sporadically from project to project.
3. Development of a small business grant program funded
through the Community Development Block Grant (CDBG) program
by way of H.R. 6292, ``The COVID-19 Recovery Small Business
Grants Act.'' This legislation is modeled after my Hurricane
Harvey Relief legislation and it should include enhanced
support for restaurants and bars. Add $125 million dollars
more to the CDBG account.
4. Relief for non-profit organizations including faith-
based institutions who are closed due to the Coronavirus.
They should be funded through the CDBG program.
5. Small businesses who purchased business interruption
insurance coverage are being told by insurance companies that
they will not cover the Coronavirus. I am proposing a
legislative fix to include coverage for the Coronavirus under
the business interruption insurance coverage.
6. The President has now invoked the Defense Production Act
and it should be fully implemented after Members of Congress
insisted that production needs to be increased for personal
protection equipment and the Coronavirus tests. Increased
funding for Health and Human Services for these tests.
7. Any support for the aviation industry should be with low
interest loans. The airlines must agree to no employee
layoffs and no share buybacks. There should be increased
funding to help the nation's airports and the small business
concessionaires in the airports that have unique needs as
opposed other small businesses. Increase transportation
funding that is going to be used for the airline industry.
8. There must be increased funding to protect airport
personnel, including Transportation Security Officers,
through the purchase of gloves, masks, and other protective
equipment that they have not received. This is extremely
critical as they are nearing complete depletion. Also, there
must be additional funding for personal protection equipment
for Customs and Border Protection agents.
9. Requesting $155 billion for hospital expansions to
create more bed space that will be needed for Coronavirus
victims. In addition, we should use the United States
military to help supplement hospital capacity in case of
shortages. Specifically increase HHS funding for these
funding items.
10. Hospitals are indicating they will not have enough bed
capacity to take in the expected large numbers of Coronavirus
victims. Funding needs to be assured for increased hospital
capacity. Additionally, increased funding to hospitals and
healthcare providers for personal protective equipment for
their personnel. The President quickly use the Defense
Production Act. Specifically increase HHS funding for these
funding items.
11. Directives need to be in place for the reimbursement to
health providers who are providing free testing. Before mass
testing begins, healthcare providers must understand how to
utilize the reimbursement process. Physician owned hospitals
should also be covered for reimbursement for Coronavirus
testing.
12. There should be no foreclosures or evictions at this
time; upwards of 3 to 6 months. The President has indicated
that should be applied to HUD-properties, but it should also
apply to all potential evictions and foreclosures.
13. Funding for alternative facilities and relocation needs
for prisoners to prevent community spread within federal,
state, and local prison systems.
Thank you for your consideration of this request.
Very truly yours,
Sheila Jackson Lee,
Member of Congress, Chair, Congressional Coronavirus
Taskforce, Senior Member of the Homeland Security Committee.
Proposals for Coronavirus Relief Package
To: Speaker Nancy Pelosi, Wendell Primus
From: Congresswoman Sheila Jackson Lee, Senior Member of the
Committee on the Judiciary and Homeland Security
Committee and Member of the Budget Committee
Date: March 11, 2020
Below is my proposal for the Coronavirus Relief Package:
1. Enhanced funding for small, urban and rural hospitals
under 150 beds. Added resources for their standing emergency
rooms including training as necessary for patients without
mobility to be tested at the hospital.
2. Increased funding for federally qualified health
clinics. Resources to provide separate facilities which may
include blocking off certain areas of the facility to provide
for walk-in patients with Coronavirus symptoms.
3. Enhanced training and resources for CBP personnel where
international flights land beyond the originally designated
airports. More assessment is needed to prevent persons with
Coronavirus symptoms from leaving the airport into the
general population, before medical personnel can assess them.
4. Funding for airports that receive international
travelers to allow for quarantine facilities to be
established and for medical personnel to be onsite.
5. Funding for school districts to cover non-teaching
personnel to make sure cafeteria workers, bus drivers and
janitorial services have equal access to resources if their
schools are closed and financial support for those school
districts that have to close.
6. Financial support for state and county governments as
needed.
7. Enhanced funding for protective equipment for
Transportation Security Officers.
8. Telemedicine visits should be covered with
reimbursement.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from North
Carolina (Mr. Hudson).
Mr. HUDSON. Mr. Speaker, these are challenging times for our country,
yet throughout our history, America has risen to every challenge. Today
is no different.
I thank our President, Donald Trump, for his strong leadership during
this crisis.
I don't like everything in this bill. While we kept out dangerous
provisions like union bailouts, the Green New Deal, and dangerous
election schemes, it still has items I don't agree with. And I worry
about the price tag.
However, families, hospitals, and small businesses need immediate
relief. I am talking about a small business in Concord where the owner
is doing his best but still had to furlough many of his 30 employees.
He told me he can put most of his employees back on the payroll using
the SBA 7(a) loan program in this bill.
It is workers and small businesses like this one that are counting on
this legislation.
It is not perfect, but I urge my colleagues to support this
legislation.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentlewoman from
Ohio (Mrs. Beatty).
[[Page H1837]]
Mrs. BEATTY. Mr. Speaker, the world is watching us. Today's $2
trillion aid is relief and economic security for all Americans.
We worked hard to provide healthcare disaster needs and to ensure
Americans, workers, and families come first: $350 billion in forgivable
loans to small businesses, independent contractors, like barbershops
and beauty salons, and more; first-time funding for not-for-profits and
churches, which we must include minority-led and minority-serving not-
for-profits; and $1,200 in direct payments to individuals and couples,
$500 for children.
The Nation is watching us. Vote for this bill.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from North
Carolina (Mr. Murphy).
Mr. MURPHY of North Carolina. Mr. Speaker, as a Member of Congress, I
have spoken with constituents, business owners, and community leaders
over the last few weeks who are apprehensive about their health and
financial security.
As a practicing physician, I have spoken with numerous infectious
disease physicians, scientists, and epidemiologists about the present
COVID-19 threat.
While there are certain provisions in this bill that are not
necessary, I would rather not dwell on its imperfections, and I will
support it.
Instead, I would like to thank House and Senate Members, as well as
Secretary Mnuchin and President Trump, for negotiating a bipartisan
deal in a timely manner to provide relief to the American people.
The CARES Act provides desperately needed funding for those who need
it in this unprecedented time in this Nation's history.
Families, small businesses, churches, and community institutions
receive the funding that they need to stay viable while we continue to
fight the outbreak of COVID-19.
I urge employers to keep their employees employed and access the
benefits that this bill provides to keep them financially afloat.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from
California (Mr. Sherman).
Mr. SHERMAN. Mr. Speaker, this virus is a machine gun machine-gunning
America. This bill provides $2 trillion to bandage some of the wounds.
We must stop the machine gun.
Less than 1 percent of this bill goes for medical research. Our
economic system provides significant incentives to the private sector
to research patented drugs, but we should do more.
The next bill should provide $5 billion to the NIH to evaluate every
reasonable research alternative, particularly those compounds that the
private sector will not investigate.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Tennessee (Mr. Kustoff).
Mr. KUSTOFF of Tennessee. Mr. Speaker, I rise today in support of the
CARES Act. We all know that the COVID-19 pandemic has greatly affected
the health and livelihoods of people around the globe.
Mr. Speaker, this bill is not perfect, but it is a solid step forward
to providing the relief needed to revive our economy.
There is no doubt that as a Nation we have endured tough times in our
history, but we have always come back stronger and more resilient.
I am proud today to be here representing west Tennessee during this
trying time.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Garcia).
Ms. GARCIA of Texas. Mr. Speaker, we have never faced a public health
threat of this magnitude.
Hardworking people have lost their jobs and are on the edge of making
rent or putting food on the table. That is why our rescue efforts have
been focused on people.
This bill offers additional unemployment benefits, injects billions
into our healthcare system, provides billions to small businesses to
keep their workers on the payroll, and gives every eligible adult a
$1,200 check and $500 for every eligible child.
However, this bill isn't perfect. It leaves out immigrants who
contribute to our economy, pay taxes, and are also on the front lines
of this pandemic. This virus does not discriminate based on immigration
status or race, and our response shouldn't either.
However, despite this shortcoming, I do plan to vote for this bill,
and I urge all of my colleagues to do the same.
Hardworking families are at risk. They need help now. Many lives are
at stake.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Tennessee (Mr. Fleischmann), the ranking Republican of the
Appropriations Committee's Homeland Security Subcommittee.
Mr. FLEISCHMANN. Mr. Speaker, I rise in support of this bill.
To my colleagues in this great House, the people's House, we have
been here in times of triumph and in times of tragedy. This is the
latter. It is a time for civility; it is a time for unity; and it is a
time for us to serve the American people and pass this bill.
Let our resolve be to defeat this virus. No malady, no virus, no
adversity will ever erode the great American Republic.
God bless us all.
Mr. HOYER. Mr. Speaker, our next speaker is another former member of
the Armed Forces who has seen combat face-to-face and knows what crisis
we face today.
I yield 1 minute to the gentlewoman from New Jersey (Ms. Sherrill).
Ms. SHERRILL. Mr. Speaker, I rise today with an incredible amount of
pride to speak for the people of New Jersey, to speak for the heroes in
healthcare who have labored around the clock to provide the best care
in the Nation.
I rise for those workers and for the first responders who are running
out of personal protective gear.
I rise for the brave men and women who are going through these tough
times to help us: the grocery store workers, delivery people, and
volunteers bringing food to the elderly and the sick.
I rise for our manufacturers, our researchers, and our State and
local officials.
I rise for everyday families, small business owners, and laborers who
are losing their jobs and are not sure what the future holds.
I rise for everyone in my great State to tell you that, together, we
will beat this.
In Congress, I will continue to work to get you the relief you need.
In this Nation, we, as a people, have always come together in a crisis,
and I have seen firsthand that this time is no different.
I rise today to ask that God bless this House, God bless the State of
New Jersey, and God bless the United States of America.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Spano).
Mr. SPANO. Mr. Speaker, I rise to speak in favor of the CARES Act
with optimism.
On one hand is cautious optimism because we face unprecedented
challenges, but on the other, confident optimism of what can be
accomplished when we work together.
We come together for those who are bravely working on the front lines
of the fight: our nurses and doctors at Lakeland Regional, Brandon
Regional, Southlake Hospital, or one of the many other medical
providers across my district.
We come together for families, like the single mom who worked two
jobs in Florida's tourism industry to keep food on the table but now
doesn't know when her next paycheck will come.
We come together to support the backbone of our economy: small
business. I have spoken to many small business owners this week who are
desperately trying to figure out how to keep their employees. As a
former small business owner myself, I understand the decisions that
they are facing.
As a fiscal conservative, I am cautious about this bill, but I
understand the cost our country would pay without it.
When we face adversity, we rise to confront the threat head-on.
For those in Florida's 15th District and around the country, remain
optimistic because we will win this fight together.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Trone).
Mr. TRONE. Mr. Speaker, our Nation has never seen anything like the
coronavirus outbreak.
[[Page H1838]]
At a time when our American businesses are forced to close and
American families face fear and uncertainty, we do what Americans do
best: We come together and support one another.
My background is business. I have run a small business and a large
organization. This bill puts workers first. It is good for American
business.
It puts workers first with an additional $600 a week in unemployment
insurance.
It puts families first, funneling $1,200 directly into the pockets of
Americans.
It supports small business with a $377 billion infusion for fast
relief through grants and loans.
This bill is what the American people and the American economy need.
It is time to come together as one Nation, united against this
outbreak. I urge support for this bill.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Tennessee (Mr. John W. Rose).
Mr. JOHN W. ROSE of Tennessee. Mr. Speaker, a month ago, our Nation
stood on the highest mountaintop, marveling at the supposed
limitlessness of our domain.
Today, barely 3 weeks later, awakening from an abundance-induced
stupor, we find ourselves deep in the valley, peering perilously into
the abyss.
I hope that the safety net we are attempting to purchase today with
our Nation's scarce treasure doesn't dull too much the alarm that this
crisis has sounded for our country to reform its ways.
I pray that from this low point, we will seek out a great revival of
faith in our Almighty God and a renewed commitment to the principles of
freedom, liberty, and self-reliance.
For those in this Congress who have used this crisis to loot the
public treasury and serve special interests above the common good, I
trust that our people and history will judge you as harshly as you
deserve.
And today, I give thanks for our President.
Mr. CONNOLLY. Mr. Speaker, I yield 1 minute to the gentleman from
Maine (Mr. Golden).
Mr. GOLDEN. Mr. Speaker, this morning, thousands of Mainers are
staying home and doing their part to bend the curve in the fight
against the coronavirus.
But thousands of healthcare professionals, shipbuilders, grocery
store employees, and many others deemed essential got up this morning
and went to work. They will do their jobs in this difficult time,
despite the risk, because people depend on them. Congress shouldn't be
any different.
We are about to vote on a bill in response to the pandemic sweeping
through our Nation and the growing economic crisis that follows it.
Nearly 900 pages long, my office received the text a little over 24
hours ago. I will be honest, many of us are still working to understand
this bill in full, portions drafted by lobbyists with loopholes you
might drive a Mack truck through.
Only time will tell whether this behemoth will fully deliver on its
economic promises. It won't fully stop the deepening recession. Only
the loosening of the tourniquet will let the blood flow back into our
economy, but that is not yet an option.
I will, however, support this relief act. It is not a stimulus. It is
an emergency relief act providing $100 billion to hospitals.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Ohio
(Mr. Johnson).
Mr. JOHNSON of Ohio. Mr. Speaker, we are here today debating a
massive stimulus bill, not by choice but by duty.
The coronavirus is an unseen enemy that threatens countless American
lives, a nuclear bomb to our economy. Yesterday, we learned a record 3-
plus million Americans have filed for unemployment.
Workers are hurting. Small businesses are hurting. Thousands of
Americans are sick. Health experts tell us we have several more weeks
of this collective suffering ahead.
But there is good news, lots of it. Americans from coast to coast are
pitching in to help the cause. Businesses are changing production lines
to make ventilators and hand sanitizer. Surgical masks are being
donated by the millions. We are lining up to give blood. Healthcare
workers are being cheered like rock stars during shift changes.
Americans are pulling together.
Everyday heroes are emerging, the teachers teaching their classes
over the internet and the doctors and nurses working superhuman shifts
while friends and neighbors step up to provide childcare for them.
We are seeing the best of America. Now the House must do its part.
Vote ``yes.''
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Pennsylvania (Ms. Scanlon).
Ms. SCANLON. Mr. Speaker, I rise to support the CARES Act, the third
relief package that will pass through the House this month, and we know
it is not the last. This bill will help protect the health, safety, and
economic security of all Americans.
I want to say that I am so grateful to our State and local officials,
our first responders and healthcare workers, our postal and grocery
workers, all of whom are fighting for our communities.
I am grateful to our friends and neighbors for listening to our
medical experts and staying home to slow the spread of the coronavirus.
{time} 1100
But they can't do it alone. As the numbers of patients and deaths are
mounting, our doctors and nurses are telling us they are working
without the protective gear and medical equipment they need.
We need to end the disconnect between what the President is saying
and what is really happening in America. We need the President to use
the Defense Production Act to produce and distribute the medical
supplies we need.
I am so grateful to our colleagues for moving quickly to pass this
bill and help the American people, and I urge the President to do the
same.
Mr. CLOUD. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Bilirakis).
Mr. BILIRAKIS. Mr. Speaker, this is a historic moment in the U.S.
House. We need to pass an unprecedented economic package that will
prevent financial disaster for millions of Americans. We must get
people working again.
This bill funds programs for small businesses, including independent
contractors and nonprofits. It provides up to $1,200 for taxpayers who
earn $75,000 or less, as well as $500 per child.
Additionally, seniors and disabled veterans are also eligible for
checks. These payments will not be considered taxable income for 2020,
Mr. Speaker.
Most importantly, critical funding to provide personal equipment and
test kits for healthcare professionals is on the way.
For sure, this is a spending bill. I am not happy with everything,
but I will vote ``yes'' to save the lives and livelihood of my
constituents.
I ask for swift passage as soon as possible, Mr. Speaker.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Michigan (Ms. Slotkin).
Ms. SLOTKIN. Mr. Speaker, think about the most iconic images from 9/
11: Just after the attacks, people running away from the towers as our
first responders were running toward the flames. It was a generational
event.
Today, as so many stay home, those who are running toward the crisis
are our healthcare workers, our first responders. They are on the front
lines--our supermarket workers, our truck drivers, our border agents
and TSA agents. Right now, we are sending them into the fight without
the gear that they need.
We owe them our passion. We owe them to work together, Democrats and
Republicans. Above all, we owe them a plan.
Meanwhile, Americans are doing their best. Michiganders are coming
together in ways that I could hardly imagine, from the Big Three autos
to our smallest manufacturers, trying to fill the gaps.
Today, here, we must do our part. We must pass the CARES Act. It is
imperfect. It is the third appropriation. I hope there will be a
fourth. But it is our duty to come together and pass it.
Mr. CLOUD. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Van Drew).
Mr. VAN DREW. Mr. Speaker, the pain being felt in south Jersey and in
this Nation is real. I have listened, and
[[Page H1839]]
I have heard the stories. What we are doing today will soothe some of
the pain, but it is just the beginning.
America was founded and has thrived with the idea that we are an
exceptional Nation. We are exceptional not because of our differences
but because of what unites us in times of adversity. This legislation
is a testament to our strength that we show in that unity.
While we must maintain a physical distance from one another to slow
the curve of our hidden enemy, we must remain closer than ever in our
hearts and in our souls to one another.
I stand with my colleagues ready to fight this disease, fight for our
families, fight for their jobs, and fight to keep our Nation.
May God bless America, and may God bless all of us as we go forward
with our work.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Michigan (Mrs. Lawrence).
Mrs. LAWRENCE. Mr. Speaker, I rise today in support of the CARES Act.
At this time, our country needs this Congress to act with a
bipartisan commitment to ensuring the safety and the well-being of our
constituents. Although this package is not perfect, we must support our
postal workers. We must ensure our municipalities have the funding to
survive.
But it will immediately provide workers, families, health
professionals, and first responders the resources that they need.
Today, we can provide a direct cash infusion into our economy, and we
will provide more than $170 billion in support to purchase the needed
PPEs and give our hospitals grants to offset revenue losses.
However, our work is not done. As confirmed cases in Michigan and
across the country continue to rise, I will work with my colleagues on
both sides of the aisle to address the outstanding issues.
And I want to say: God bless America, and we need to do our work.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Kentucky (Mr. Barr).
Mr. BARR. Mr. Speaker, I rise on behalf of the people of central
Kentucky in support of the most aggressive fiscal stimulus in American
history.
Founding Father John Adams famously said that every problem is an
opportunity in disguise. This insidious virus, and the resulting
shutdown of our economy, is a very serious problem. But because of the
spirit of the American people, it is also an opportunity.
It is an opportunity to support the heroic work of America's
hospitals, healthcare workers, and doctors and give them the resources
they need to stay safe and take care of the sick.
It is an opportunity to go to war against this virus, to unleash the
creative energies of America's private sector, and to help our
scientists and researchers find therapies, a vaccine, and a cure.
It is an opportunity to give American workers, small business owners,
and families the cash flow they need to get back to work.
It is an opportunity to provide liquidity and financial support to
our markets to fuel a powerful economic recovery.
And it is an opportunity to come together as a Nation, not as
Republicans or Democrats, but as Americans, to rise to the occasion, as
we have done so many times before, to confront this challenge and
deliver a stronger, healthier, and more prosperous America.
Mr. HOYER. Mr. Speaker, can I get the time remaining for both sides?
The SPEAKER pro tempore. The gentleman from Maryland has 22 minutes
remaining. The gentleman from Texas has 31 minutes remaining.
Mr. HOYER. Mr. Speaker, I reserve the balance of my time.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Huizenga).
Mr. HUIZENGA. Mr. Speaker, I rise today on behalf of the people of
west Michigan, for the individuals and families who have seen their
world turned upside down by COVID-19.
Our neighbors, friends, and family members are losing their income.
Small businesses are closing their doors. Manufacturers, big and small,
are shuttering their facilities. All this is happening not because of
bad business decisions or personal choices but because of a virus.
The CARES Act will deliver critical relief to west Michigan
residents, small businesses, and our medical professionals. This
package will help tens of thousands of constituents in my district stay
employed.
While I don't agree with every proposal included in this bill, the
vast majority of it will work directly to provide relief to the people
who need it most. Communities across the Nation expect this body to act
today.
Finally, I want to say thank you to the first responders, nurses, and
doctors who are serving our communities on the front lines. Thank you
to the farmers, the food processors, the truck drivers, and those
stocking the shelves to make sure goods are available in this time of
need.
We are all in this together, Mr. Speaker. God bless America. Let's
pass this bill.
Mr. HOYER. Mr. Speaker, I reserve the balance of my time.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Colorado (Mr. Buck).
Mr. BUCK. Mr. Speaker, I rise today to oppose the CARES Act.
I agree that we are facing an unprecedented emergency, one tied
directly to China's nefarious actions. However, as President Trump
said, we cannot let the cure be worse than the problem itself.
The President has shown strong leadership, seeking to help struggling
families and small businesses. Congress must do the same. But we can't
do so at the expense of our children and grandchildren's future.
The truth is, this bill will spend $6 trillion, not $2 trillion. Even
that cost fails to include the cost of borrowing this money. There is
no attempt by Congress to reduce spending elsewhere in the budget to
pay for this bill.
The sad truth is that most of this money in this bill is unrelated to
fighting the coronavirus. We believe that the fight against the virus
will take 6 to 8 weeks, yet this spends money decades into the future.
While it is clearly necessary to do something to help our country
fight this disease, this bill is not the answer. Our country needs
help, but this cure is worse than the problem.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Panetta).
Mr. PANETTA. Mr. Speaker, at this time--just like I said last week,
and I say it again this week--the COVID-19 pandemic will get worse
before it gets better. It will get worse for our public health. It will
get worse for our financial health.
That is why I rise in support of the CARES Act. With these shelter-
in-place orders, we are continuing to try to flatten the corona curve.
But when we do that, figuratively, we are putting our economy in a
medically induced coma, a step that, as we have seen this week, has led
to one of the worst employment rates in our history. That is why we
need one of the biggest stimulus packages in our history.
The CARES Act will expand unemployment insurance for restaurant,
retail, and hotel workers on the central coast of California. It will
assist my specialty crop farmers in the salad and berry bowls of the
world. It will provide small businesses across this country with the
loans necessary to survive.
With this bruising pandemic, we are asking our constituents to do
something that is not normal: to stand down, to stay inside, to
separate from one another. They are relying on us to do the right
thing: to step up and to support the CARES Act.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Waltz).
Mr. WALTZ. Mr. Speaker, as a fiscal conservative, $2.2 trillion of
our grandchildren's money is a tough pill to swallow. But this is a
two-front war on our economy and on public health.
On the economic front, we must provide a lifeline to individuals,
businesses, and seniors that are suffering collateral damage. And on
the health front, we must send reinforcements to our healthcare
workers.
This morning, I spoke with a physician and family member heading into
the emergency room in Manhattan. She said she is scared. Like combat, I
told her, you have to take a deep breath, stay focused, and do what you
are trained to do.
[[Page H1840]]
These hospitals are the Omaha Beach of this war. Colleagues, in the
foxhole, nobody cares about race, religion, creed, socioeconomic
background. They certainly don't care about Republican and Democrat. It
is about mission. It is about country.
We have a duty to provide these soldiers what they need. We have a
duty to support this bill.
Mr. HOYER. Mr. Speaker, I reserve the balance of my time.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Indiana (Mr. Banks).
Mr. BANKS. Mr. Speaker, over the last 10 days, I have seen the very
best of America. I have seen restaurants Umi Seafood and Lucille's BBQ
in Fort Wayne deliver thousands of meals to those who need it.
I have seen TNT Floral Shop in Columbia City deliver flowers to every
nursing home resident in my county.
I have seen many lining up to donate blood.
I have seen so many healthcare professionals put themselves in harm's
way on the front lines.
Mr. Speaker, it is time for Congress to join them and bring relief to
our neighbors who needed it yesterday.
The CARES Act will keep the lights on in America. It will put cash in
the hands of Americans who need help to pay their bills and put food on
the table. It will give a lifeline to small businesses when they need
it most.
This is, by no means, a perfect bill, but it gets help to the people
who need it most. I hope we will come back and make changes, as needed,
in the near future.
Mr. Speaker, in this time of national crisis, we must continue
working together and with President Trump to keep our country in the
fight.
Mr. HOYER. Mr. Speaker, I reserve the balance of my time.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. McClintock).
Mr. McCLINTOCK. Mr. Speaker, COVID-19 didn't kill our economy.
Government policies, however well intentioned, did that. In just a few
weeks, they have derailed the most promising and prosperous economy of
our lifetimes and put us in imminent danger of permanently destroying
millions of American jobs.
The unprecedented spending in this bill threatens to destabilize the
fiscal structure of our Federal Government and suppress future economic
growth.
But in order to deal with those issues, we must first arrest the
damage caused by the actions that have plunged us into a recession.
Temporary job losses will soon become permanent job losses, without
federally guaranteed loans to preserve those jobs and a way for
families to recoup their financial losses. This bill does so, although
inefficiently, wastefully, and at enormous cost.
Despite all its flaws, passage of this bill is, therefore,
imperative. But it is no substitute for getting Americans back to work
soon.
Mr. CONNOLLY. Mr. Speaker, I yield 1 minute to my distinguished
colleague from Massachusetts (Mrs. Trahan).
Mrs. TRAHAN. Mr. Speaker, since day one of this Congress, Democrats
have committed themselves to a For the People Agenda. Today is no
different.
The COVID-19 pandemic is impacting people across the world, our
country, and my district. It is for the people that we stand here today
to assist families, uplift workers whose basic livelihoods have been
threatened, strengthen our community hospitals, and support our
frontline healthcare workers.
We are here to deliver relief to people, like the owner of a
community bookstore in Andover, Massachusetts, whose business has been
crushed; to keep our end of the bargain for the hospital workers at
places like Lawrence General, Lowell Community Health Center, and so
many others who are putting their lives on the line each day.
We are here for the families who are worried about their basic health
and safety. This bill delivers for them.
This is a time for bold action, and much more needs to come.
For families struggling with the harsh realities of this situation,
know that we will keep protecting you. We will take our lessons and
courage from our frontline workers, from the families banding together
to care for their loved ones, from the acts of kindness we are seeing
all over our country as we stand united as Americans. I support this
bill.
Mr. BRADY. Mr. Speaker, may I inquire how much time is remaining on
both sides.
The SPEAKER pro tempore. The gentleman from Texas has 26 minutes
remaining. The gentleman from Maryland has 20 minutes remaining.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from South
Carolina (Mr. Norman).
{time} 1200
Mr. NORMAN. Mr. Speaker, during times like this, it brings out the
best and the worst. The best has been a President who is working
nonstop. The best have been those businesses that are producing the
masks and the things that we need, and the best has been the churches
that are praying nonstop.
Now, the worst has been the price tag, and the worst has been the
things that were added to this that had nothing to do with the
coronavirus, the $25 million for the Kennedy Center and $75 million for
the national arts. This has nothing to do with the coronavirus.
This Nation shall survive. In the words of Winston Churchill: There
are times when doing our best isn't good enough. We will do what is
required in spite of this.
Mr. CONNOLLY. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Soto).
Mr. SOTO. Mr. Speaker, as I rise here today, the United States has
more coronavirus cases than any nation on the planet. This is an
unprecedented crisis that requires an unprecedented response.
This bipartisan bill is a promise that help is on the way, that help
is on the way for families with $1,200 checks and $2,400 for married
families for food assistance. For the unemployed, help is on the way
with $600 in unemployment benefits on top of State benefits.
Help is on the way for our seniors and our veterans of financial
assistance. Help is on the way for small businesses through payroll
grants and other costs.
For first responders and hospitals, help is on the way to confront
this crisis. To our farmers and to our students, help is on the way.
It is time to pass this bipartisan bill and send a message to central
Florida and every American across every corner of this Nation that
there is help because help and hope are on the way.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Oklahoma (Mr. Kevin Hern).
Mr. KEVIN HERN of Oklahoma. Mr. Speaker, it is unfortunate that this
bill was delayed in pursuit of certain wasteful provisions that have
nothing to do with the coronavirus.
With that said, I am thankful that the vast majority of this bill
rightly focuses on the needs of Americans. It will save small
businesses in my district, provide much-needed funds to the hospitals
on the front lines of this fight, and provide the safety net for people
who lose their jobs due to no fault of their own.
America is hurting. The American people need us now more than ever.
Thanks to Leader McCarthy and President Trump and the Members involved
for their unrelenting work on this.
To the American people, it is much later than anyone wanted, but help
is on the way.
Mr. Speaker, I urge a ``yes'' vote. May God bless us all.
Mr. CONNOLLY. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Cox).
Mr. COX of California. Mr. Speaker, I rise today in support of
today's bill which is a bipartisan, good faith effort to begin to
provide relief to millions of American families and workers. While not
perfect, it is a good start.
In the last few weeks, I spoke to thousands of my Central Valley
neighbors. Last week, I had a townhall where 9,000 constituents called
in. They are scared. They are worried. But they are looking for
guidance and leadership, and today they are looking for relief.
No American should have to choose between paying rent and putting
food on their table. But without immediate assistance, this is exactly
the choice they will have to make.
As a Representative of the top ag district in the top ag State, I am
proud this bill shores up vital safety net programs for our farmers and
ranchers and
[[Page H1841]]
their families. But I am disappointed about this bill's glaring
shortcomings which must be remedied in a future bill.
This bill punishes mixed-status households and denies some American
citizens benefits they deserve. It does not put a penny in the CDFI
Fund to help disadvantaged communities.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Wisconsin (Mr. Grothman).
Mr. GROTHMAN. Mr. Speaker, we have gone from a story that barely
affected Americans 3 weeks ago to a $2 trillion bill today. The cost is
too high. But the crisis in response to government experts may be right
and may be wrong, who said: Don't fly, don't eat out, don't worship
together, and don't go to school. Our economy was shattered.
Was our President held up by irresponsible Democrats and too many
irresponsible Republicans for excessive spending? Yes. But we must act
to calm the panic and move back to normalcy.
I flew here yesterday with five passengers on the only Southwest
flight from Milwaukee. Usually there are two almost-full flights.
Restaurants are shuttered by the government, and their employees are
laid off.
President Trump is right to act and stand up to the purists who have
let businesses go under or don't understand that even the greatest of
Presidents have had to compromise.
I am concerned about the unemployment benefits going over $900 a
week--more than most Wisconsin people make. I want to help Americans
laid off, but this provision delays the recovery, and I hope Americans
don't bite on it.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from California (Mr. Harder).
Mr. HARDER of California. Mr. Speaker, we have two obligations in
responding to this pandemic: first, to move quickly and urgently; and
second, to put science and health ahead of partisan politics. Neither
of those two things happened, but this bill is a step forward.
It helps all the workers who have lost their jobs. It helps the
businesses that are struggling with customers not showing up and
staying home, and it helps the frontline nurses, doctors, and first
responders who need more equipment.
There is more to do. As soon as we pass this bill, we need to keep
working to make sure that we are expanding paid leave, expanding access
to healthcare, and making sure that we continue to protect each and
every person who is out there as a first responder.
Until then, I want to thank my friends from both sides of the aisle
who are for working to get this done, and I urge us to pass it as soon
as possible.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Gohmert).
Mr. GOHMERT. Mr. Speaker, it is interesting hearing all this talk
about we have got to do it now, we have got to do it now. It has been
delayed since last weekend because of our friends across the aisle.
Also, regarding the bill that we previously passed, it exempted the
big corporations we are now hearing are so evil. So we need to get our
story consistent here.
But thank goodness the President put a travel ban in while some were
trying to conspire, spy, and impeach. He kept being persistent, and, as
a result, there are fewer people with the disease.
Now, $2 trillion is vastly too much money, but I spent much of the
night reviewing all of the sunsets in the bill. I am satisfied that
most of them will prevent most of the waste, but there are some pet
projects in here.
Mr. Speaker, it is time to turn back to the God that so many have
turned from and then use the tools we have got to help those who have
been put in jeopardy. I will vote for the bill.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from South Carolina (Mr. Clyburn), who is the Democratic
whip.
Mr. CLYBURN. Mr. Speaker, I thank the gentleman for yielding me the
time.
I just want to take a moment to thank all of my colleagues for
responding to what is an unprecedented event in the history of this
country. Many of us who have studied history know full well that the
country has been here before, and we have always recovered. The problem
is many times that recovery is uneven. What we have done to this
legislation is created the opportunity to have a more equitable
recovery taking place, and I thank you all for doing that.
The fact of the matter is this is a great country which does not have
to be made great again. What we have got to do is make this country's
greatness accessible and affordable for all Americans. This legislation
makes an attempt to do that. I would hope that, as we go forward, we
will build upon it, and, when we come back, which we will, we will have
an equitable society for all.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from North
Dakota (Mr. Armstrong).
Mr. ARMSTRONG. Mr. Speaker, throughout our history, the American
people have mobilized in extraordinary and unprecedented ways in times
of national crisis, but the enemy we face today has required a
different response.
To defeat COVID-19, we have asked most Americans to do what comes so
unnaturally to them: stay home. We have asked businesses to shutter,
employees to stop going to work, and churches to close. Entire
industries have lost their consumer base overnight.
The American people didn't cause this crisis but are responding the
way they always do: by being smart, tough, and compassionate. We owe it
to them to give them this support.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentlewoman from
Minnesota (Ms. Omar).
Ms. OMAR. Mr. Speaker, I rise in support of this bill, not because it
is perfect or even sufficient, but because the lives and the
livelihoods of Americans are at risk.
This bill provides immediate cash assistance. It allows for
unemployment benefits. It puts direct money in the hands of small
businesses who are struggling in my district. It creates $100 billion
in assistance to hospitals, something Minnesota hospitals are
desperately in need of, and it creates $150 billion in funding,
necessary funding, for State and local governments.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from North
Carolina (Mr. Bishop).
Mr. BISHOP of North Carolina. Mr. Speaker, I am going to vote ``yes''
enthusiastically.
This is a big bill, but the American people are bigger. They will
respond to the present threat as Americans have always faced grave
challenges: as free men and women with deep reservoirs of strength,
capability, and, when summoned, duty and confidence.
It is the duty of some to mobilize this government to backstop the
economy; the duty of some to isolate, to blunt, the contagion; the duty
of some to face the risk tending the afflicted; and, fellow Americans,
the duty of the rest of us to mobilize the unstoppable force of the
American economy to provide supplies, innovate technologies, and
enlarge healthcare capacities to meet the needs of all and to defeat
this enemy.
With God's help, this virus is no match for the United States of
America.
Mr. HOYER. Mr. Speaker, because we are getting towards the end, can
you give us the time that each side has remaining.
The SPEAKER pro tempore. The gentleman from Maryland has 15\1/2\
minutes remaining. The gentleman from Texas has 20 minutes remaining.
Mr. HOYER. Mr. Speaker, I reserve the balance of my time.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from West
Virginia (Mr. Mooney).
Mr. MOONEY of West Virginia. Mr. Speaker, there are good parts of
this bill, the things President Trump asked for at the very beginning,
like tax relief for employers, help for those who lost their jobs, and
funding for the medical community and first responders. I thank
President Trump for his excellent leadership.
I had a couple of ideas I would have liked to offer as amendments to
this bill, but this is a closed process. 435 Members of Congress can't
even offer amendments. That is not the way we are supposed to make
legislation, especially when it spends $2 trillion.
[[Page H1842]]
There are parts of this bill that are unrelated to the coronavirus:
$1 billion for Amtrak, money for National Public Radio and the arts.
But what we are not talking about is how we are going to pay for
this. We all agree about spending $2 trillion, but how are we going to
pay for it? Are we going to borrow from China? Are we going to borrow
it from Russia? Are we going to just print the money and devalue our
current currency? That is not being talked about.
The interest on the national debt every year is already about half a
trillion dollars, every year, going forward. We could use that money to
pay for epidemics like this and fund our troops.
So, going forward, we need to talk about balancing our budget and
paying for things.
Mr. HOYER. Mr. Speaker, I reserve the balance of my time.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Alabama (Mr. Byrne).
Mr. BYRNE. Mr. Speaker, last week, 3.3 million Americans filed for
unemployment. Small businesses around this country are shuttering.
Millions of Americans and their children are at home practicing social
distancing, a term that few knew 2 weeks ago. Countless others are on
the front lines in our hospitals, doctors' offices, and pharmacies or
simply checking us out at the grocery store.
Yesterday, I spoke to many small businesses in my district on a call.
I was asked to give them hope.
To the American people who are watching: There is hope, and help is
on the way.
There are many things in this bill I do not like. There are portions
that I think are a mistake. But, Mr. Speaker, this is our time for
action. Do not hold this bill up. We owe it to the citizens of this
great country who are struggling. We owe action for them today.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
Virginia (Mr. Beyer).
Mr. BEYER. Mr. Speaker, the last pandemic, I want to draw attention
to the research investments in the CARES Act.
The Department of Energy has funds for its high-end computing
capabilities. The National Science Foundation will do molecular and
cellular research. NIST will ensure the validity of and the reliability
of the testing, and the EPA will do research on the risk of
transmission.
Mr. Speaker, my grandfather lost his wife and first son in the flu
epidemic in 1919, yet this is not the last novel virus. But with the
bold, sustained commitment to science, we can make COVID-19 the last
pandemic.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Carter).
Mr. CARTER of Georgia. Mr. Speaker, our country finds itself in
uncharted waters. None of us have ever experienced anything like this
before.
For the past 2 weeks, I have been at home in the First District of
Georgia visiting with individuals and with small business owners. I
have seen something I have never seen before. I have seen people who
are concerned, concerned about their health, concerned about their
future. Mr. Speaker, this is something we have to address.
I have also seen something I have never seen before either, and that
is people pulling together, people doing for each other, people caring
for each other, volunteering at food banks and volunteering at service
organizations. I have seen healthcare workers putting their own health
at risk to deliver services. I have seen the best of America as well.
Mr. Speaker, it is our opportunity here, our responsibility to help
these people, to deliver to them.
No, this is not a perfect bill. If I had the opportunity, I would
change a number of things in it, but it is what we need to do, Mr.
Speaker.
Mr. Speaker, more than anything, what we need to do is we need to
pray. We need to pray to the God of Abraham and the God of David.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from
Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Speaker, I thank my friend for yielding.
This is an unprecedented moment for this country, and it is important
that this Congress respond in a way consistent with this threat.
We have differences about this bill. There are things in it that many
of us don't like, but this moves us forward. This gives the American
people the support they need in order to follow the medical advice that
they are given without putting their families at risk.
It supports small businesses. It puts money in the hands of Americans
so that they can take care of their families financially while they are
taking care of their families. I support this legislation.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Bergman).
Mr. BERGMAN. Mr. Speaker, I rise today in support of the Coronavirus
Aid, Relief, and Economic Security Act.
This legislation takes major steps to support American workers and
families during this unprecedented time. It provides increased funding
to get our healthcare workers essential supplies and equipment. It also
helps small businesses that have been asked to close their doors and
sacrifice their livelihoods for everyone's health and safety.
This bill is not perfect. I am disappointed that we are paying for
things that don't have anything to do with COVID-19, and I am concerned
about inadvertent damage we may be doing to our seasonal businesses by
incentivizing people to stay at home rather than going back to work
once shelter-in-place restrictions are lifted.
Small, seasonal businesses are the lifeblood of Michigan's First
District, and, as we implement this policy, I will do everything I can
to prevent unintended consequences from happening. The people of
Michigan's First District are resilient. We have survived hardships
before, and we will again.
Mr. Speaker, I urge my colleagues to support this bill.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentlewoman from
New Hampshire (Ms. Kuster).
Ms. KUSTER of New Hampshire. Mr. Speaker, I rise to support this
unprecedented emergency relief for the American people.
My colleague Chris Pappas and I have spoken with tens of thousands of
our constituents through telephone townhalls and conference calls with
hospitals.
I want support for our people who have lost their jobs, for our small
businesses, but, most importantly, for our frontline healthcare workers
in our rural hospitals. We need supplies, and we need support.
I thank you for voting ``yes.''
{time} 1220
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Crenshaw).
Mr. CRENSHAW. Mr. Speaker, businesses large and small, through no
fault of their own, are failing. We told them to shut down and workers
are losing their jobs.
Let me clear something up for everyone. A loss of a job is a loss of
a job whether from a large business or a small business, and it is
devastating for families.
Americans need help. Thankfully, this bill covers it all, from direct
aid to accelerated loans. But when every day counts in a crisis, this
bill was delayed by Democrats unnecessarily for a totally unrelated
progressive wish list. I don't get mad, but this made me mad. And, in
the end, the final bill today is barely different than last weekend,
and the Record will show that.
But we have it now, and we should pass it now. It will soften the
upcoming hardship. But we must not be complacent, for we have more
difficult decisions ahead: How will we balance the opening of society
with the pandemic?
It is a tough question, and we won't be able to answer that question
if the antics of this week continue. The country will move forward
together as Americans, not as petty, opportunistic partisans.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the distinguished
gentleman from New York (Mr. Meeks).
Mr. MEEKS. Mr. Speaker, my home State of New York has become the
epicenter of this terrible pandemic. This bill brings financial support
to increase the number of hospital beds and equip our brave doctors,
nurses, EMTs, and other medical providers who are our front line of
defense and should not be asked to risk their lives to save others.
[[Page H1843]]
This crisis will pass and our economy will recover, but American
families and workers who lost their jobs by the millions, through no
fault of their own, desperately need this financial support now. This
bill provides important grants and loans to small businesses which will
be critical to our economic recovery.
There is more for us to do, but this bill is an important first step
to secure American families and workers.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Tennessee (Mr. Burchett).
Mr. BURCHETT. Mr. Speaker, when I was 5 or 6 years old, I had a
Sunday school teacher tell me a story that relates to a little bit of
what we are doing right now. A small child went missing in the Plains
States. The community went in 100 different directions. They didn't
find the child. There was no result.
They final came together. They prayed to God, asking for wisdom. They
ended up holding hands and walking across the prairie. They found that
child.
Mr. Speaker, this country needs to remember that, and this body needs
to remember that. I think we need to put our partisanship aside. We
need to quit bickering, and we need to ask Almighty God for wisdom and
to do what is right.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentlewoman from
Illinois (Ms. Underwood).
Ms. UNDERWOOD. Mr. Speaker, I rise today in strong support of the
CARES Act.
Over 2,500 Illinoisans have been diagnosed with the coronavirus, 26
of whom have died. Countless more are in need of testing, and thousands
of our frontline healthcare workers are desperate for PPEs.
Just this month, over 130,000 Illinoisans have lost their jobs. This
is unprecedented.
The CARES Act provides immediate economic relief to individuals,
billions in small business loans and grants, and improved unemployment
protections. It will help States, local governments, and healthcare
systems meet the enormous challenges that they are facing.
Mr. BRADY. Mr. Speaker, I am pleased to yield 1 minute to the
gentleman from New Jersey (Mr. Smith), head of the Pro-Life Caucus.
Mr. SMITH of New Jersey. Mr. Speaker, as of today, in my State alone,
6,800 people have been tested positive, with 81 deaths; and, in one
family alone, four members of the family have died.
Containing the pandemic and developing and deploying reliable
therapeutics and a safe and effective vaccine must be our highest
priority no matter the cost. People, especially those on the front
lines in healthcare, first responders, are heroically meeting the
challenge offered, at great personal cost.
The $2.2 trillion CARES Act is comprehensive and absolutely needed.
It provides unprecedented support for taxpayers, small businesses, and
grants to hospitals; it helps State and local governments; and it
boosts unemployment and food security.
Special thanks to all of those on the House and Senate side for their
leadership, for their cooperation on this bill, and to President Trump,
the Vice President, Dr. Birx, Dr. Fauci, and many others who have
brought their expertise to confronting this huge challenge.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from
Missouri (Mr. Clay).
Mr. CLAY. Mr. Speaker, I rise today in support of the CARES Act, and
I am so proud of the emergency housing priorities, including a
temporary moratorium on evictions and foreclosures of homeowners with
federally backed mortgages. There is $4 billion for emergency grants
for homelessness, $5 billion for CDBGs, and $1 billion for project-
based rental assistance.
We are in this fight together, and we will not be broken. Viruses
come and go, but the courage of the American people endures.
God bless you all.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the
gentlewoman from Missouri (Mrs. Hartzler), the chairwoman of the House
Values Action Team.
Mrs. HARTZLER. Mr. Speaker, we are at war against an unseen enemy our
world has never faced before. We are battling on two fronts: the
healthcare front and the economic front. Thousands of people are sick,
with courageous healthcare workers battling on the front lines.
Meanwhile, millions of Americans have lost their jobs because of the
virus, imperiling family budgets and devastating our economy.
Today's bill sends needed battle reinforcements to both fronts. It
provides funds to purchase more medical supplies and to support our
hospitals, while also sending much-needed help to businesses so that
they can make payroll and keep the doors open. It sends money directly
to almost every household and supports those who have lost their job
due to the COVID-19 crisis.
Most importantly, it gives this Nation hope: hope that we will get
through this by supporting our healthcare workers, enabling businesses
to stay open, and sending Americans funds needed to get them through.
While this bill is far from perfect and the price tag is sobering, I
believe we are in an unprecedented battle, and it is imperative we win
this war. I will be voting ``yes,'' and I invite all Americans to join
us in this battle.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from New
York (Mr. Espaillat).
Mr. ESPAILLAT. Mr. Speaker, I rise today in support of the CARES Act.
Mr. Speaker, it would be criminal not to support billions of dollars
for our hospitals and healthcare workers. It would be criminal not to
support billions of dollars for our small businesses that will be
struggling. It would be criminal not to support help for working
families, $1,200 for individuals, $500 for a child.
But it is also criminal to leave out immigrants. They clean our
houses and take care of our children and the elderly.
It is also criminal to shortchange New York, which has become the
epicenter of this epidemic. The delay of ventilators and PPEs has also
been criminal.
Remember, all of you: New York is your future.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Florida (Mr. Mast).
Mr. MAST. Mr. Speaker, I would rather die than see my country stumble
or fall, and, by God, I mean that. And I don't think I am the only one
in this body who feels this way. I have worried that, as a result of a
virus that was born in a disgusting market in Wuhan China that was
hidden from the world, our country may stumble.
But I can tell you that that worry has subsided quickly for me as I
looked around my own community and realized, again, that Americans are
a salty group of tough SOBs who are defeated by absolutely nothing.
This isn't going to defeat us either.
There are parts of this bill that I don't like, but I am proud that,
when Americans wake up tomorrow, they are going to continue to know
that we wake up here not as victims, but as people with a greater
opportunity than anybody across the world: 50 stars, 13 red and white
stripes. We get to decide for ourselves if today is better than
yesterday, this week is better than next week, this month is better
than last month, and next year and so on.
Nobody else gets to decide that for us. That hasn't changed, and it
will never change.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from
Pennsylvania (Mr. Lamb).
Mr. LAMB. Mr. Speaker, I know a firefighter who is going into sick
people's homes still today with no mask.
We all talk like this is war, but did George Marshall, a western
Pennsylvanian, wait for U.S. Steel to join the U.S. war effort in their
own good time? No. He used to say: You cannot fight against the
problem. You have to decide it.
We have given this government money. We cannot give it leadership.
Now is the time to decide this problem. Take this money, buy the masks,
build the ventilators, and protect our people now.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the
gentlewoman from American Samoa (Mrs. Radewagen).
Mrs. RADEWAGEN. Mr. Speaker, I rise in overwhelming support of this
bipartisan legislation. The country needs
[[Page H1844]]
it, and American Samoa desperately needs it. American Samoa has unique
economic and geographic challenges.
So far, my constituents are without any coronavirus testing at all,
as NBC recently reported. The Army Corps of Engineers has reported our
LBJ hospital needs over $100 million, at a minimum, for improvements
just to meet compliance standards.
I want to thank the President for his leadership, and I thank my
colleagues for including my request that the Pacific territories and
the Freely Associated States are in the definition of ``State,'' so all
pandemic unemployment assistance programs apply to us.
Our people are strong and their faith is strong. Let's get this
funding to work and provide testing in American Samoa.
Mr. Speaker, may God bless us all.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentlewoman from
New York--again, the epicenter--(Ms. Clarke), who knows this firsthand.
Ms. CLARKE of New York. Mr. Speaker, I thank the gentleman for
yielding.
As vice chair of the Energy and Commerce Committee, I rise today in
support of the CARES Act.
My colleagues have spoken about the provisions of this bill, and
although it is not perfect, it is a necessary one. We must now protect
my constituents in the Ninth District of New York, the epicenter, and
all Americans across this country.
New Yorkers have been through 9/11, the financial meltdown,
Superstorm Sandy, and now we are in the midst of COVID-19.
In my city, New York City, we are not just facing economic ruin, but
also a genuine health crisis. That is why it is so critical that Donald
Trump use the Defense Production Act.
Mr. BRADY. Mr. Speaker, may I inquire as to the time remaining on
both sides.
The SPEAKER pro tempore (Mr. Kildee). The gentleman from Texas has
10\1/2\ minutes remaining. The gentleman from Maryland has 11 minutes
remaining.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the
gentlewoman from Indiana (Mrs. Brooks).
Mrs. BROOKS of Indiana. Mr. Speaker, I urge strong support for the
CARES Act.
For years, my colleague and I from across the aisle, Anna Eshoo, have
worked to pass the Pandemic and All-Hazards Preparedness Act that was
signed into law in June of 2019.
For years, we have said it was not a matter of if we would have a
pandemic, but when we would have a pandemic. That when is now. Now is
not the time to place blame. Now is not the time to look back. Now is
the time to act and to look forward.
Now is the time to restore confidence in this body. Now is the time
to pass this act for those healthcare workers who are staying at the
hospital while they are begging us to stay home.
Now is the time for all of those schoolchildren who are watching this
body, thinking about and learning about this body, to show them that we
can come together and govern.
Now is the time to pass the CARES Act.
May God bless America.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from the
Northern Mariana Islands (Mr. Sablan), who does such an excellent job.
Mr. SABLAN. Mr. Speaker, the legislation we are considering to stop
the coronavirus is not perfect. No legislation ever is, and we have
more work to do.
But even amid the crisis, we should not forget to say thank you. For
the third time, Speaker Pelosi has led this House to respond forcefully
to the coronavirus, to give healthcare providers resources, to give
families financial aid, and to support workers and businesses.
Throughout this unprecedented time, always the Speaker and her
leadership team remembered that the United States of America includes
the people of the Northern Mariana Islands, and for that I am grateful.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the
gentlewoman from New York (Ms. Stefanik).
Ms. STEFANIK. Mr. Speaker, New York is the epicenter of the
coronavirus crisis today, and I want to thank our North Country heroes
on the front lines: our nurses, our doctors, our hospital personnel,
EMS first responders, teachers, grocers, and truckers.
The better angels of our nature are among us each and every day:
volunteers coming forward, quilting groups in the Adirondacks, students
using 3D printers, and mask making from Sackets Harbor to Saratoga
Flag.
This emergency bill needed to pass yesterday. It needed to pass last
week. New Yorkers and this Nation need this relief immediately for our
hospitals, healthcare heroes, and hardworking families.
This country is a resilient nation, from the American Revolution to
the Civil War, to the pandemic flu, to 9/11, we will overcome this.
Congress needs to step up, do our job, and pass this rescue package
today for New York State and the American people.
Mr. HOYER. Mr. Speaker, it gives me great honor to yield 1 minute to
the gentleman from New York (Mr. Jeffries), again, from the epicenter
of this challenge that we have as a country and the chairman of the
Democratic Caucus.
Mr. JEFFRIES. Mr. Speaker, America is the wealthiest country in the
history of the world. We also have assembled the mightiest military.
But you cannot judge the greatness of America based on our wealth or
our military might. We should only judge the greatness of America based
on how we stand up for the least, the lost, and the left behind.
The CARES Act is legislation that will help provide relief to the
most vulnerable amongst us. It will provide relief to everyday
Americans. It will provide relief to small businesses. It will provide
relief to displaced workers.
The coronavirus is a silent assassin and has targeted the American
people. But we are a resilient nation. We defeated the Great
Depression. We defeated Nazi Germany. We defeated Jim Crow. We will
defeat COVID-19 as well.
Mr. BRADY. Mr. Speaker, may I once again inquire as to the time
remaining.
The SPEAKER pro tempore (Mr. Brown of Maryland). The gentleman from
Texas has 8\1/2\ minutes remaining. The gentleman from Maryland has
9\1/2\ minutes remaining.
Mr. BRADY. Mr. Speaker, I am proud to yield 1 minute to the gentleman
from Illinois (Mr. Bost).
Mr. BOST. Mr. Speaker, I rise today in strong support of the CARES
Act. Even in rural southern Illinois there are 27 cases in my district.
We need to come together in a bipartisan manner with this bill to
deal with: first, the health of our constituents; second, the health of
their pocketbooks in this bill; third, those businesses where they need
to go back to work, whether it is a small business or a large business.
This bill does that.
Is it perfect? No. But it is the right step forward that we need to
do, and do today.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Massachusetts (Ms. Clark), the distinguished vice chair of the
Democratic Caucus.
Ms. CLARK of Massachusetts. Mr. Speaker, I rise today in support of
the CARES Act.
Americans are facing a public health crisis that is an unprecedented
threat to the health and safety of our communities. Hospitals are
struggling to care for our communities and get the protective equipment
they need. The pandemic has brought schools, businesses, and whole
States to a standstill, including my home State of Massachusetts.
Americans are calling for help, and today we will vote to bring them
relief and offer them a lifeline, but it won't be the end of our
support. To those on the front lines--healthcare workers, cashiers,
childcare providers, truck drivers, cleaners, and postal workers--and
to all Americans, we say: We see you. We appreciate and are grateful
for your sacrifice, and we will continue to fight for the people.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Virginia (Mr. Wittman).
Mr. WITTMAN. Mr. Speaker, I rise today on behalf of the citizens of
the First Congressional District of Virginia to say that America's
glass is still half full.
While we face this unprecedented challenge, we see across our Nation
the resolve and the spirit of America. It is alive and well.
[[Page H1845]]
This is a challenge for us here in Congress to show the same spirit
and resolve, to get the job done for the American people. While this
bill is far from perfect, it will demonstrate that we can come together
and show what we have seen in the days past of what is going on across
America.
America's best days are still to come, and we continue to be the
greatest Nation the world has ever known. May God continue to bless our
great United States of America.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the distinguished
gentleman from Texas (Mr. Green).
Mr. GREEN of Texas. Mr. Speaker, the American people want to know
that their government will be there for them. They want to know that
their tax dollars will pay dividends for them. They want to know that
we will promote the general welfare as extolled in the preamble to the
Constitution. They want to know that we will not allow the perfect to
become the enemy of the good.
This is not a perfect bill. It is a good bill. I will support it. The
American people need certainty. They want to know that we will be there
for them.
{time} 1240
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Kansas
(Mr. Watkins).
Mr. WATKINS. Mr. Speaker, I rise on behalf of the good people of
eastern Kansas.
The war analogy has been thrown around a lot these days. As a man who
has been to war and spent many years there, I can say that is not
altogether inaccurate.
In both cases, people are frightened. In both cases, people die. In
both cases, people discover what it is they are made of. And in war,
just like now, people need to come together.
This bill is an example of having done just that. It is not perfect,
but it is what we have got.
It has got my vote. I urge my colleagues to do the same.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Florida (Ms. Wasserman Schultz), a senior Member of the House and a
cardinal from Florida.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, as a proud Floridian, I rise to
protect our workers, health professionals, small businesses, and
veterans from this grave crisis we face.
Senate Republicans drafted a corporate-friendly bill that failed to
meaningfully support the millions who are losing their jobs. Instead,
Democrats secured a package that invests $2 trillion in families,
hospitals, and small businesses.
Workers will get massive investments in unemployment benefits and an
added 13 weeks of benefits, which Republicans fought to deny.
Working-class families will get as much as $3,400 for a family of
four.
Small businesses will get help to make payroll, rent, and utility
costs.
I am proud that the Appropriations Committee spearheaded nearly $20
billion to ensure veterans' health needs are met, whether at the VA or
local ERs and clinics.
Appropriators have also worked to ensure our VAs can assist our local
communities if they reach full capacity.
This package is not perfect, and more help will be needed. But our
families, small businesses, and hospitals need this help desperately.
I ask my colleagues to give them this lifeline against this invisible
enemy. We are all in this together.
Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
Mr. HOYER. Mr. Speaker, our next speaker is the former president of
the University of Wisconsin, the former president of the University of
Miami, and the distinguished former Secretary of the Department of
Health and Human Services, one of our most knowledgeable Members about
issues of families and workers.
Mr. Speaker, I yield 30 seconds to the gentlewoman from Florida (Ms.
Shalala).
Ms. SHALALA. Mr. Speaker, today, we send the CARES Act to the
President to provide the people in my community with needed relief from
the devastation of this pandemic.
I am here for the first responders, the healthcare workers, and all
of those who are risking their lives. They are our heroes.
Mr. Speaker, we need to support this bill now because we must. The
virus has left us with no choice.
But my hope is that after we have starved this virus, we will make a
national commitment to permanently rebuild our public health
infrastructure.
Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
Mr. HOYER. Mr. Speaker, I am pleased that our next speaker is another
Member from south Florida. All three of them have spoken now,
indicating the importance of the crisis that confronts us.
Mr. Speaker, I yield 30 seconds to the gentlewoman from Florida (Ms.
Mucarsel-Powell).
Ms. MUCARSEL-POWELL. Mr. Speaker, as of this morning, the U.S. has
the most COVID-19 cases worldwide. Over 1,200 have tragically lost
their lives.
In Florida alone, we have over 2,300 cases, with 652 in Miami-Dade
County and 14 in Monroe County. South Florida is quickly becoming
another epicenter of this pandemic.
We are watching how numbers for unemployment are skyrocketing, and
small businesses are closing. It is a tough reality to face. But we in
Congress can do something. We can come together, set aside our
ideological differences, and help people now. That is why I support
this bill.
Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentlewoman from
Iowa (Ms. Finkenauer).
Ms. FINKENAUER. Mr. Speaker, I rise today on behalf of the great
State of Iowa where literally, just moments ago, before I got up here
to speak, I found out we lost another two Iowans to coronavirus, now up
to three, all in my congressional district.
Today, we are grieving losses all over the country and the globe
where, tragically, necessary caution came too late.
The package we are considering today is not perfect. It will not
bring back folks who we lost, but it will give much-needed relief to
our hospital systems and workers on the front lines and to our working
families and small businesses across the country.
God bless the United States of America.
Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
Mr. HOYER. Mr. Speaker, can I have a time check?
The SPEAKER pro tempore. The gentleman from Maryland has 5\1/2\
minutes remaining. The gentleman from Texas has 6\1/2\ minutes
remaining.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from
Texas (Mr. Allred).
Mr. ALLRED. Mr. Speaker, I want to speak to the people of north
Texas, many of whom are under Stay Home, Stay Safe orders from smart
leaders like Dallas County Judge Clay Jenkins and Dallas Mayor Eric
Johnson.
I know many of you are frightened. I have heard from many of you who
are worried about your family's health, your job, and your business. I
want you to know that we are on your side. We are with you. We will not
let this great country fail. We will defeat this virus in a way that
leaves no one behind.
We should follow the examples of our brave first responders. Every
American owes them a debt of gratitude. But we can best honor their
service by staying home, if you can, and following the orders that have
been issued.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Ohio
(Mr. Davidson).
Mr. DAVIDSON of Ohio. Mr. Speaker, I don't think anyone is happy
about the present situation. But the free market did not close the
economy. The governments chose that response to an exceptional risk to
public health.
The various governments that make up our country need to make sure
that individuals, families, and businesses affected by their
unprecedented decisions remain solvent and that as many people as
possible remain employed.
Like any war, the enemy votes, too, but the sooner we can get lower
risk Americans back to work, the safer most people will feel.
In our response, we must always defend our values and the way of life
that makes America the world's land of opportunity.
God bless you all.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from
Illinois (Mr. Garcia).
[[Page H1846]]
Mr. GARCIA of Illinois. Mr. Speaker, I rise in support of the CARES
Act, even though it doesn't protect everyone I wish it would, including
all immigrants.
However, it represents a bold, unprecedented step in protecting
workers and bolstering our healthcare system and in stabilizing our
economy, especially our small businesses.
That is why I will vote ``aye.''
Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentlewoman from
Pennsylvania (Ms. Dean).
Ms. DEAN. Mr. Speaker, the coronavirus pandemic is a reminder of our
common humanity and our interconnectedness.
I stand today to say Montgomery County, Pennsylvania, and Berks
County, Pennsylvania, my home district, have been particularly hard
hit. There are suffering and courage in my community. We have had three
deaths.
I rise in support of this CARES Act. It is unprecedented. It is a
monumental bill to send relief and confidence to those who are
suffering, to our workers, to our families, to our children, to our
business owners. I am proud to support this bill.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. McCarthy), the leader of the Republican Conference.
Mr. McCARTHY. Mr. Speaker, I thank you for the job you have done in
the chair today. We thank you for the work that you are doing.
Mr. Speaker, before I begin, I want to say to everyone watching us at
home right now, we hear your concern; we feel your anxiety; and we know
what we need to do.
When this year began, Americans were enjoying a level of peace and
prosperity unheard of in modern times. The economy was at record highs.
Unemployment for American workers was at record lows. Take-home pay was
rising, and business closures were falling. Our brave men and women in
uniform were protecting us from threats across the globe.
But a few weeks ago, we learned about an invisible enemy from a
distant land, an enemy like we have never faced before.
Now, the virus is here. We didn't invite it. We did not ask for it.
We did not choose it. But we will fight it together until we win
together.
We will win because we have the best of our country on the front
lines. We will win because of the other people in uniform: our doctors,
our nurses, our lab technicians, and our hospital volunteers.
Take one moment and imagine where we would be without their
fortitude. They have the toughest jobs in the world, but they are truly
the best in the world.
You, our medical professionals, are our heroes. We, this entire body
of the Members of Congress, salute you.
We will always win because of our truck drivers, grocery store
clerks, postal workers, farmers, and warehouse workers. You are working
night and day. You are making a meaningful, measurable difference in
the lives of everyone you serve. You are the foundation of everything
we will do today.
We will win because of our scientists. Their bright minds and faster
cures should give every American peace of mind. We are developing a
victory vaccine faster than ever in the history of any virus.
On behalf of all Americans and on behalf of all Members of Congress,
I thank those on the front lines for their professionalism and
dedication.
Another critical front in our war against this virus is the home
front, literally.
To slow the spread, the government is asking--and in some cases
requiring--millions of small businesses and families to put their daily
lives on pause and remain at home.
I am overjoyed that so many have taken the imperative of social
distancing so seriously. Flattening the curve is the most important
activity any American citizen can do today. It is even more important
now that the virus has arrived in full force.
We are asking you to continue to remain at home as much as possible.
I know this action carries substantial circumstances.
We all saw that tragic news just this week. Mr. Speaker, 3.3 million
Americans filed for unemployment benefits. We have never experienced
that before in our lives, not even in the Great Depression.
What can we do for the hardworking taxpayers, their families, and
small businesses, the pillars of the American life that are doing their
part but facing economic disaster through no fault of their own?
First, we can recognize that their sacrifices are an invaluable
service to their fellow citizens. They deserve our eternal gratitude
and prayers.
Second, and more importantly, we can give them our financial support
now, today, so they can weather this brutal storm in the weeks ahead.
That brings me to the rescue package before us today, the CARES Act.
If developing tests, treatments, and vaccines is America's new
arsenal of democracy, the CARES Act is our modern-day, all-American
Marshall Plan.
It is the largest assistance measure in American history, and it is
going directly in the pockets of hardworking taxpayers, their families,
and small businesses.
For everyone affected by this virus, we will be your voice. For those
who are battling the virus or who lost your job or who do not know if
you will have one a month or 2 from now, I want you to know we are
listening; we hear you; and we are working for you.
I give Leader McConnell a lot of credit. From the beginning, he was
committed to a bottom-up, bipartisan, and bicameral process. He honored
his commitment, and it shows. The Senate passed this bill by a
unanimous vote, every Republican, every Democrat.
It is bold, truly bipartisan, and targeted to achieve the mission at
hand.
Our top priority is to keep Americans at work. So we aim the efforts
to keep Americans employed through two measures.
For small businesses and nonprofits, the bill provides 100 percent
federally guaranteed loans for 8 weeks. If that loan is used to pay
your employees, pay your rent, or pay your utilities, it is no longer a
loan. It is a grant because we know what government has asked you to
do.
Other businesses get a retention credit to keep employees on.
If, unfortunately, American workers find themselves out of work, this
bill offers an additional 13 weeks of unemployment insurance and
dramatically expands eligibility. It also makes benefits more generous
by adding another $600 per week across-the-board payment increase
through the end of July.
The CARES Act also expands unemployment insurance to cover gig
workers and self-employed and nonprofit employees.
Additionally, for American families that might need a little extra
support, you will start receiving and seeing those checks in 3 weeks.
You won't have to wait for months for financial help. Payments will be
as much as $1,200 for an individual taxpayer and $500 per child.
Finally, this legislation provides critical resources to American
healthcare workers and hospitals, over $140 billion in appropriations
to support our health systems.
We don't just talk about our respect for the medical heroes among us.
We are going to give them the equipment to save lives and the tools
they need to protect themselves.
The reason for this legislation is to protect American workers,
protect American jobs, and protect hardworking American taxpayers.
We are providing targeted, temporary, and timely relief to Main
Street, not Wall Street. We are not underwriting bad business practices
or priming the pump. Ultimately, we are laying the foundation for a
rapid economic recovery.
This bill is not only a rescue package; it is a commitment, a
commitment that your government and the people whom you elected to
serve will do everything we can to limit the harm and hardship you
face, both now and in the foreseeable future.
To the American public, if you do your part, I promise we will do
ours.
Mr. Speaker, as I said earlier, it is our responsibility to act, to
put aside our differences, and to do what is right for the American
public. Aid must be robust, rapid, and resilient, just like its
recipients.
We are going to help Americans through this. We are going to do this
[[Page H1847]]
together. In the end, we are going to be healthier, stronger, and more
united than ever before, because, as Americans, that is who we are.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from
Tennessee (Mr. Cohen).
Mr. COHEN. Mr. Speaker, the words above the Speaker's head at the top
of this Chamber are from Daniel Webster. He says: `` . . . see whether
we also in our day and generation may not perform something worthy to
be remembered.''
Today, we have something worthy before us and something to be
remembered. We should all vote ``aye.''
I am here to vote ``aye'' and to encourage the President to use the
Defense Production Act for everyone and to continue talking to the
President of China because this is a worldwide pandemic.
{time} 1300
Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
Mr. HOYER. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from California (Ms. Pelosi), the Speaker of the House, who
has been so critical in putting this piece of legislation together and
focusing on workers and families.
Ms. PELOSI. Mr. Speaker, I thank the distinguished Democratic leader,
Mr. Hoyer, for yielding and for the manner in which he has enabled so
many of our Members to participate in this debate today. I thank him
for his leadership on the legislation and also for leading us today.
I thank Mr. Brady for his leadership as well, for facilitating this
conversation.
I thank the Speaker pro tempore for keeping us reasonably on time as
much as possible, for congressional Members, and for the strength of
your authority as Speaker pro tempore today.
I thank all of our Members for their participation on both sides of
the aisle, for the seriousness with which we have all taken this
important challenge.
Mr. Speaker, last week, His Holiness, Pope Francis said, in his world
prayer: ``Enlighten those responsible for the common good so that they
might know how to care for those entrusted to their responsibility.''
That is His Holiness' quote, and that is the responsibility that we all
have.
Today, as we have all acknowledged, our Nation faces an economic and
health emergency of historic proportions due to the coronavirus
pandemic, the worst pandemic in over 100 years.
As I proceed with my remarks, I want to say to our colleagues who are
watching the proceedings from their chambers in the House to come
forward and come to the gallery and listen from here so that, when the
time comes, we will be prepared to proceed.
The distinguished leader on the Republican side, Mr. McCarthy, and
Mr. Hoyer have sent a communication to all of you to that effect, that
it is very important that you come now. The sooner you come, the
shorter my remarks will be.
I want to thank the distinguished leader on the Republican side for
his leadership throughout all of this to achieve bipartisan
legislation, and to do so as expeditiously as possible in the House--in
the House--so that the message will be clear to the American people
that whatever concerns we may have and whatever we want to do next,
right now we are going to pass this legislation, and that is because so
many American families have been touched by this crisis.
More than 82,000 Americans so far have fallen sick, a number certain
to surge as testing goes forward and which is already the most in the
world. We have gone past China and Italy.
More than 1,200 Americans have tragically died. It gives you chills
just to think of it.
Millions of workers are losing their paychecks, including more than,
as has been mentioned on both sides of the aisle, 3.2 million Americans
who filed for unemployment last week alone, a staggering, record-
shattering figure.
Countless healthcare workers, first responders, and others fighting
on the front lines in this crisis are at great personal risk.
The American people deserve a governmentwide, visionary, evidence-
based response to address these threats to their lives and their
livelihoods, and they need it now.
Again, I acknowledge the bipartisanship in which we bring this
legislation to the floor.
Late Wednesday night, as the leader acknowledged, the Senate
unanimously passed legislation which transformed, in our view--since
the gentleman acknowledged Leader McConnell, I will acknowledge our
distinguished chairman on our side--which transformed a Republican,
corporate-focused bill into a Democratic, workers-first focus.
We salute our chairs for working in a bipartisan way and in a
bicameral way, across the aisle, across the Capitol, and we are able to
dramatically expand unemployment insurance and defeated attempts on the
Senate side to claw back the $600-per-week added benefits that would
provide essential relief to the record number of Americans losing their
jobs.
I salute Chairmen Richie Neal and Bobby Scott for the work that they
did on this--I know this is the work of the Ways and Means Committee--
and successfully achieved full direct payments for workers, which is so
important, ensuring that working-class American families will be
eligible to receive as much as $3,400 for a family of four.
I thank, again, Mr. Neal and Madam Chair of the Financial Services
Committee, Maxine Waters, who, both of them, had bigger proposals but,
nonetheless, advocated for all of this.
By the way, I would suggest that, instead of saying it is going to
take a few weeks for the checks to get there, that the administration
electronically transfer those direct payments immediately.
We ensured in the bill that any taxpayer dollars given to industry
go, first and foremost, to workers, workers' paychecks and benefits,
not used to pay CEO bonuses, stock fund buybacks, or dividends and the
rest, and we have secured robust special oversight that will hold the
administration accountable for this.
I thank the distinguished chair of the and Transportation and
Infrastructure Committee, Mr. DeFazio, for his leadership in that
regard.
I will not try to find all of you because you may be in the gallery
as we are encouraging Members to come.
Again, I want to salute Congresswoman Waters for the work, having the
oversight provisions in the bill for the account that is going to be
spending money out.
We are also proud to have secured a truly historic investment of
hundreds of billions of dollars in hospitals, health systems, and State
and local governments, ensuring that they have the tools they need to
combat the virus.
I salute Chairman Pallone, Chairwoman Lowey of the Appropriations
Committee, and Chairwoman DeLauro for making so much of all of that
possible.
When we talk about State and local government, I want to express
pride in my own Governor Gavin Newsom, who was on the front line of
attacking this, as well as my own Mayor Breed, who has disciplined us
to shelter in place.
For small businesses, I thank Madam Chair Velazquez. Working in a
bipartisan way, we won fast relief for those in need, including by
securing $10 billion for SBA emergency grants of up to $10,000 and
making payroll costs, rent, mortgage interest, and utility costs
eligible for SBA loan forgiveness. For the first time, we have grants
from the SBA.
Thanks to Secretary Mnuchin, he is facilitating this by not just all
of the loans going through the SBA, but going through banks with the
SBA imprimatur, which makes this all go much faster.
For our students, we have paused payments for Federal student loan
borrowers and suspended wage garnishment and negative credit reporting
during this time. For that, and for so many other things relating to
our students, I thank Bobby Scott, our chairman of the Education and
Labor Committee.
You heard earlier, all of these chairmen make these presentations.
For our veterans, we secured nearly $20 billion in funding to improve
VA's readiness with equipment, tests, and additional care as, again,
571 veterans and 185 employees have now tested positive. I thank
Chairman Takano and others on the committee for their leadership.
[[Page H1848]]
For homeowners, renters, the homeless, creditors, and consumers, I
thank Chairwoman Waters for her leadership there.
Since the beginning of this crisis, we have fought to ensure that our
Nation's response puts families first as we go through this. So the
first two bills that we worked in a bipartisan way on were about
addressing the emergency.
The first bill was about testing, testing, testing, to ensure that
everyone in the country would have access to free testing, among other
things. It had in there issues that relate to research for vaccine,
research for a cure, but many other things addressing the emergency.
In the second bill, which also focused on the emergency, we had
masks, masks, masks and many other provisions focused on the emergency,
but taking us to this bill today, which is about mitigation.
As our distinguished Mr. DeFazio would say, first, we had the
emergency, then we had mitigation. It doesn't mean we are finished with
emergency, but it is moving on to mitigating for some of the economic
and health damage caused by this pandemic.
Next, we will move to recovery; and, hopefully, that will be soon,
always, though, addressing the emergency and the mitigation needed.
How are we coming, Mr. Leader? How are we coming with our gallery?
As we have all said universally, and we say it almost all the time
that we come to the floor, no bill is perfect. No bill is perfect. But
we want to make sure that it at least comes part of the way to being
sufficient.
I do think that we should, when we are considering a bill, appreciate
what is in the bill rather than judge it for what is not in the bill.
But we do know that we must do more.
There has been a constant communication among all of our Members, I
am sure, on both sides of the aisle, when we were at home or here, with
doctors, healthcare providers, labor, small businesses, nonprofits,
faith groups, and scientists, on the daily needs and developments in
our communities. Their on-the-ground reports and clear-eyed thinking
have been essential to crafting our approach to all of this.
So, again, listening to Members on both sides of the aisle and the
comments here today, as well as the input given in the legislative
process, we know that this cannot be our final bill. Yet this bill,
again, is, I think Bobby Scott called it, a down payment. We must
advance a fourth bill to address the continued needs.
For our fight against the coronavirus, our State and local
governments will need vastly more support for preventing, preparing
for, and responding to the crisis. Our hospitals and health systems
still need vast infusions of funding so they can treat those in need.
We must do more for our healthcare workers. And this has been a
current theme on both sides of the aisle, our gratitude for our
healthcare workers. They are our heroes. We are thankful and grateful
to them. We pray for them, but we need to do more for them than just to
say those words.
Our frontline healthcare workers, whether emergency, our
firefighters, our law enforcement, face a dire lack of medical and
personal protective equipment, PPE. Personal protective equipment, that
is the reference. When you see PPE, that is what it is.
We must ensure that the President uses the Defense Production Act to
its full extent to provide the tools that we need to combat this
crisis. Our workers are risking their lives on the front lines of this
fight and need stronger OSHA protections to keep them safe.
This week, for example--and we probably all have examples. This week,
we learned of the tragic death of Kious Kelly, a nurse manager in New
York, who died in the line of duty from coronavirus.
He and his fellow nurses risked their lives without protective
equipment because the hospital supply simply did not have enough.
Nurses were given a single plastic protective gown to use for an entire
shift when protocol called for a change of gowns between interactions
with patients.
Other nurses were forced to resort to tying bandannas over their
faces in place of proper equipment. And still others even began tying
plastic garbage bags around disposable scrubs that they were given in
place of proper scrubs for extra protection.
As Mr. Kelly's sister said: ``His death could have been prevented.
I'm angry. He was healthy.''
Now our nurses, doctors, healthcare workers, and first responders
need action. We have to make sure they know that help is not only on
the way, but it is a priority for all of us.
These people risk their lives trying to save other people's lives,
and then they take home what they interacted with in an infected
environment. This is just asking far too much.
Our families, our workers, our retirees still need more money in
their pockets to protect their income security with increased SNAP.
One thing we couldn't get in the bill was the increase, the 15
percent increase, in food stamps for our children, for our seniors, for
those who qualify, bigger direct payments. I hope that we will be in
agreement. I know that Richie and Maxine had the idea of ongoing direct
payments.
Pension protections, we had a protection in the legislation. It was
supported by everyone. The President of the United States supported it,
but Senator McConnell said he would save it for the next bill, so that
is why I am mentioning it for the next bill.
And then we need more expanded family medical leave. Let me give you
an example.
Come on, my colleagues, to the gallery.
Let me give you an example. If your parent is sick but had an ongoing
caregiver in the home or went to a senior health center on a daily
basis and, because of the virus, that caregiver couldn't come or that
health center was closed, you would be able to take family medical
leave. However, as in the case of many Members here, if your mom or
your dad are healthy and they contract the coronavirus, you would not
be able to take family and medical leave. What we would like that to
say is for those who cannot care for themselves.
It just doesn't make any sense, in my view. So, in any case, we need
that, and without exception.
And all Americans need free coronavirus treatment so they don't have
to fear the high cost of a hospital stay. When we said the tests were
free, it didn't mean that the test is free but your visit to the doctor
is not.
So, in the days and weeks to come, Democrats will continue to advance
legislation to meet the urgent needs of all affected by the
coronavirus.
I keep saying the coronavirus because, in this bill, people say,
well, how come we didn't do this or that? Because this is specific to
the coronavirus challenge that we have.
I just want to say a word about our children as I close.
So many of our children, I want them, if they are paying attention--
distinguished Congresswoman Brooks mentioned the children. We are so
sad for them that they cannot be fully engaged in school as they were.
Some have access to remote learning and the rest, and this has a deep
impact on American life as it affects our children as well. I see that
some graduations have been canceled and, hopefully, not so many more if
we can get through this.
As a mother of five, grandmother of nine, personally, but officially
in my leadership role, I have seen hundreds of thousands of graduates,
and what is exciting about it, personally and officially, is to see the
excitement of the families when their child graduates.
When that family happens to have someone on the stage who is the
first in the family to graduate, the pride, the joy, the patriotism,
all of it is so exuberant. Many of them will be deprived of that
experience, of seeing that child walk across the stage.
So let's try to get this. We have the best minds working 24/7, all
hands on deck, to find a cure. Let's make sure that we give them the
resources they need to do so but, at the same time, that obey the
science that says shelter in place or whatever it happens to be.
So, as we go forward, let us pray, let us remember what His Holiness
told us. What he told us was that we have a responsibility for the
common good.
So let us prepare for all the loved ones who have lost family members
and others who are struggling with the illness now. Let's pray for our
heroic healthcare workers and first responders who are risking their
lives to care for the sick every day; the men and
[[Page H1849]]
women in our factories making more medical supplies and personal
protective equipment; the farmers, producers, and grocery workers
keeping food on the shelves; our truck drivers, postal workers,
everybody who is contributing to the effort; and the scientists, as I
say, all hands on deck 24/7 for a solution.
{time} 1320
Congress must show the same courage, the same resilience, and the
same strength and with great unity and urgency put families and workers
first.
Let me again thank everyone who had anything to do with this, and
that means almost everybody in this room. We thank the Senate
Democrats, Leader Schumer, and Leader McConnell.
Let us again return to the words of His Holiness, Pope Francis:
May we enlighten those responsible for the common good so
that they may know now to care for those entrusted to their
responsibility.
With that, I hope we have the biggest possible vote for the American
people to show them that Congress' heart and the country's heart is
full of love for the American people.
Mr. BRADY. Mr. Speaker, I have no other speakers, and I yield myself
the balance of my time to close.
Mr. Speaker, I thank Leader McCarthy for his strong and relentless
leadership. I thank him for allowing each of us to bring to the table
the pro-growth policies that brought about the strongest economy on the
planet as we headed into this challenge. Thanks to our House leaders
and to our ranking members on all the key committees: Representatives
Granger and Foxx, Representatives Walden, McHenry, Cole, and Chabot.
These are Members here today who have engaged in this historic
agreement. Thanks to the professional teams who have backed us every
moment, night and day, in this endeavor.
I want to thank our Democratic colleagues for working with us on this
bipartisan bill and our Republican colleagues in the Senate. I
especially want to thank Secretary Mnuchin, the point man for President
Trump on these negotiations, as well as all of the Cabinet and the
White House economic team.
I especially want to thank President Trump for his strong and
results-oriented leadership at a time of unprecedented crisis for this
great country.
In times of challenge, I lean on this proverb: Fear knocked. Faith
answered. No one was there.
Coronavirus has knocked at America's door and with it fear. Faith is
answering. We answer with faith in ourselves and our abilities, faith
in our free enterprise system, faith in our amazing healthcare system,
and, yes, faith that when the chips are down, Congress can come
together with our President to help hardworking families and businesses
when they need it most.
We answer that door at this crucial moment with faith in our creator
and faith in our great American spirit.
This is the challenge of a lifetime, but if we keep pulling together
and if we pass this bill today without delay, then we take another step
toward that day when we answer the door and fear is no longer there.
Mr. Speaker, on behalf of President Trump and the Republican
Congress, we urge support for this bill, and I yield back the balance
of my time.
Mr. HOYER. Mr. Speaker, I yield myself the balance of my time to
close.
As has been said so many times on this floor, America has faced many
threats, some in the nature of attack by enemies and some in the nature
of natural disasters, whether they be hurricanes or tornadoes or
floods. Americans have responded and overcome those threats.
We now have a threat, as some have mentioned, that is unseen but has
a great effect and is having a great effect today as we debate this
bill in America.
Today we will vote not as Democrats or Republicans but we will vote
as Americans who have been sent here to represent our country and our
people to promote the general welfare. Certainly the general welfare
has been put at risk by this virus.
We have in a very short time passed three major pieces of
legislation, two that generated in this House and one that generated in
the Senate. We will pass this bill today. I want to thank the majority
leader--excuse me--the minority leader. I am the majority leader.
Mr. McCARTHY. I will take it back.
Mr. HOYER. You can't have it.
While we enjoy a little levity, we understand the gravity of this
situation. People will die today as a result of this virus.
We have come together as Democrats and Republicans from every region
of this country to respond in a way sufficient for the challenge, and
we know we will need to do more. But this day let us hope that like the
United States Senate we come together each and every one of us not for
partisan advantage but for the advantage and defense of our people.
America has been blessed by God and by our people. Let us respond
this hour to their need in their defense so that America will go
forward stronger, better, and more ready to face future challenges.
Mr. Speaker, I yield back the balance of my time.
Mr. HOYER. Mr. Speaker, I rise to clarify a provision in the bill we
passed this morning, the Cares Act, that provides relief to states.
With state revenues decreasing at the same time that demand for
services is rising, there has been broad agreement in the House that
something needs to be done to help states cope with funding shortfalls.
Our legislation creates a Coronavirus Relief Fund to provide additional
resources to states, local governments, and tribes to address costs
incurred responding to the coronavirus pandemic. I am pleased that the
final legislative language gives states broad flexibility in how they
spend the money they will receive.
Some state leaders have expressed concern that a provision requiring
that funds be spent only on newly identified needs could prevent states
from using this new funding for legitimate needs relating to the
current public health emergency just because the state's regular budget
addresses similar spending needs. That is not the intent of the
language in our bill. To be clear, we intended for the language to give
states, localities, and tribes broad flexibility to address needs
arising from the coronavirus pandemic, regardless of whether the need
arises directly from new spending related to the outbreak or indirectly
as a result of collapsing state revenues, as businesses shut down to
support social distancing and protect public health.
I am encouraged that the Treasury Department has indicated that it
appreciates the importance of providing this funding to states quickly,
flexibly, and with a minimum of paperwork. It is critically important
that the federal government give states the tools they need
simultaneously to address the public health crisis as well as the
economic damage it is causing.
In this same vein, I would be remiss if I did not, once again,
express my profound disappointment that this provision treats the
District of Columbia as a territory rather than a state. This misguided
decision by the Senate will shortchange the District by hundreds of
millions of dollars, hurting the National Capital Region's coordinated
effort to fight the coronavirus. I am committed to fixing this issue in
whatever legislation we consider next to address the coronavirus.
Ms. KAPTUR. Mr. Speaker, at this historic moment for our beloved
nation, we come together to pass the largest federal boost to our
economy in modem history. This package is ``For Our People.'' It will
save lives and our economy.
Let me begin with a heartfelt thank you to our first responders,
medical workers, grocery store workers, field hands and migrant
workers, municipal employees, drug store and pharmacy employees, food
bank volunteers, truck drivers and delivery workers, and the US Army
Corps of Engineers, National Guard personnel, and non-profit Samaritans
and volunteers of every persuasion helping across America. Each of your
tireless efforts and dedication make this nation stronger.
Our country is under attack by an invisible foe. We have not
experienced a threat of this magnitude since Pearl Harbor when our
nation found itself quite ill-prepared to meet foreign foes. Today, we
vote on a $2.3 trillion response package that recognizes the medical
and economic horrors confronting the American people. This legislation
provides assurance and support to those who need healing and a bridge
toward a more secure future.
To America's medical frontline, our families, workers, seniors, and
small businesses, we have heard your pleas for rescue. Today we provide
a lifeline.
Because of Democratic efforts, huge investments in hospitals, health
systems and state and local government will receive the resources they
desperately need to meet this pandemic.
Democratic efforts won significant increases in unemployment
insurance benefits to match average paychecks of laid-off or furloughed
workers, and direct cash payments to millions.
Democratic pressure led to significant expansion of fast relief for
small businesses and
[[Page H1850]]
made rent, mortgages, and utility costs eligible for SBA loan
forgiveness.
Because of Democratic leadership, students will have billions for
emergency education funding and student loans will not bear income tax
on repayment assistance provided by an employer.
And most importantly, spending of the taxpayer dollars will be held
accountable with oversight, preventing secret bailouts to the
wealthiest friends of this Administration.
This legislation is bold. But is not an immediate cure all. More
action is required soon.
This global pandemic exposed the reality the Heartland of our nation
has known for decades. We cannot rely on foreign manufacturing for
vital, daily essentials, surely medical supplies. It is overtime for
this Administration to bring the full force of the Defense Production
Act online, but more importantly to then partner with Congress to
rebuild America's security through domestic manufacturing.
Too many Americans have already lost their lives in this crisis
because of missed warnings, ignored alarms, and disregard for our
industrial base and vital medical supply lines. With Congress next
turning to a legislative solution to provide robust economic recovery,
we cannot ignore the elephant in the room.
We must do everything to rebuild our strategic medical stockpile
through American manufacturing ingenuity. American lives are at stake
now and in the future. We make America great again by healing her
people and rebuilding her domestic medical production.
I fully support today's response package and urge all my colleagues
to do so.
Ms. WATERS. Mr. Speaker, it is absolutely critical for Congress to
take action to provide relief and assistance to the millions of people
across the nation who are struggling in the midst of this national
public health and economic emergency. I rise today to support the
Senate Amendment to H.R. 748, now referred to as the Coronavirus Aid,
Relief, and Economic Security Act or CARES Act, and to address several
key issues. The legislation before us takes important steps to support
consumers, renters, homeowners and people experiencing homelessness, to
address the shortage of key medical supplies and equipment, to assist
small businesses and local, territory and state governments, and to
ensure that any federal aid to corporations has conditions and
independent oversight. While it is clear that Congress must continue to
take action to respond to and address this crisis, the passage of this
bill is much needed for families and communities in the United States.
The first draft of the Senate Republican bill failed to include
important relief for consumers, homeowners, renters, and people
experiencing homelessness. Thankfully, after I, and other Democrats
spoke out about the lack of homeless assistance in the first package
for Coronavirus relief, this bill now includes $4 billion for homeless
assistance. There are over half a million people experiencing
homelessness in America and the limited accommodation they have access
to is often in emergency shelter facilities that have several beds in a
single room. These cramped facilities are prime conditions for the
spread of a virus, and people experiencing homelessness are also more
vulnerable in that they often have limited access to health care
services. Congress expects that the Department of Housing and Urban
Development (HUD) will prioritize this vulnerable population in
delivering assistance.
This bill also includes a temporary moratorium on eviction filings
for renters who are living in properties with federal backing or
subsidies, as well as targeted rent relief for federally assisted
renters. I continue to have concerns about other renters, particularly
lower income renters who will not benefit from these provisions. The
House bill, H.R. 6379, the Take Responsibility for Workers and Families
Act, provided a $100 billion emergency rental assistance fund to help
renters in paying their rent and utilities. Congress needs provide such
assistance in a future package.
Homeowners with federally backed loans will also get relief under
this bill through a foreclosure moratorium and mortgage forbearance.
Multifamily rental property owners with federally backed mortgages will
also receive forbearance. I continue to have concerns about homeowners
and rental property owners with mortgages that do not have federal
backing and therefore will be excluded from this relief. I'm also
concerned that the bill provides no funding for rural housing programs.
Congress expects financial institutions, mortgage servicers, and
landlords to ensure they are in compliance with the law and promptly
provide clear and accessible notices to tenants and homeowners about
their eligibility for relief under the law.
While mortgage servicers have expressed concerns that they will not
be eligible to access a Federal Reserve facility to ensure that
businesses have access to financing, I believe that H.R. 748 is clear
that mortgage servicers, like other businesses, are eligible for this
financing. Indeed, the Federal Reserve already has sufficient authority
to create a facility to ensure that mortgage servicers have liquidity.
H.R. 748 builds on those authorities to ensure the Federal Reserve is
responsive to this crisis and its actions complement other provisions
in the bill, so Congress expects the Fed will act promptly to establish
and implement this facility. Congress also expects that the Secretaries
of Treasury and HUD, as well as the Director of the Federal Housing
Finance Agency will use their robust authorities provided in the
legislation and current law to ensure that the time periods allotted
for foreclosure moratorium and forbearance are long enough to provide
sufficient relief. We do not want homeowners to be forced to resume
making payments when the worst economic impacts of the crisis have yet
to subside.
This bill also includes $4 billion in Community Development Block
Grant funding to provide states and localities with flexible funding to
address various community needs associated with COVID-19, including the
provision of mobile health clinics. There is also $10 million to ensure
that elderly households living in HUD-assisted housing have access to
service coordinators and $2.5 million for fair housing enforcement and
education. Congress has seen that in the aftermath of disasters,
federal relief funding has often been spent in ways that discriminate
against minorities and other protected classes of people. These
additional funds are provided to focus the Federal response on ensuring
that the funding in this bill is spent in ways that are not
discriminatory.
Democrats pushed to ensure the bill helps struggling student loan
borrowers. The final bill pauses payments and suspends debt collection
on most federal student loans until September 30th. It prohibits
garnishment, tax seizure, benefits reduction, and interest accrual on
most federal student loans, allowing borrowers to remain current for
credit reporting and loan forgiveness program purposes. However, the
bill does not provide similar relief for private student loan
borrowers. It also does not provide any forgiveness of student loan
debt. H.R. 6379 provided payment relief, debt forgiveness, and student
loan forgiveness for federal and private student loan borrowers. Debt
forgiveness and parity for private student loan borrowers should be
addressed in any subsequent bill.
I also believe we need to ensure that all Americans have access to
the medical supplies they need. The bill includes $1,000,000,000 in
additional funding for the Defense Production Act (DPA). The DPA
provides emergency authority to prioritize contracts for essential
materials, allocate scarce items to key industries, and provide
incentives to companies to change production lines to provide items
that are in need. In times of crisis, this authority ensures that U.S.
production fulfills the crucial needs of the moment.
We are in such a crisis where this authority is needed. There are
countless reports of shortages of personal protection equipment, such
as masks and gowns, and other life-saving items, such as ventilators.
As we begin to ramp up critical diagnostic testing for larger and
larger parts of our population, our medical personnel are facing
shortages of this critical equipment. Without additional supplies, we
cannot safely protect our frontline medical professionals so that they
can administer the very tests that can make a key difference in
combatting this deadly virus.
Congress is providing the increase of funding to carry out the
Defense Production Act with the understanding that these funds are to
be used to help expand our domestic productive capacity for critically
needed medical supplies or equipment, to purchase such supplies or
equipment where necessary and to address other needs that directly
relate to meeting the emergency medical needs arising directly from the
COVID-19 pandemic. The Administration should use the funding provided
in the bill to increase domestic productive capacity for such supplies
and equipment by, for example, expanding a company's manufacturing
capability through the purchase, retrofit, or installation of
equipment; developing a producer's ability to be able to surge
production as needed; making purchasing agreements to ensure that a
company's manufacturing capacity will be economically sustainable; and/
or making various financial instruments available (such as direct
investments, loans, and loan guarantees) to enable any of these uses.
If there are other critical needs that come out of this crisis where
DPA funding would be necessary, the Committee on Financial Services,
which has jurisdiction over this authority, should be consulted prior
entering into any commitment to grants, loans, or purchases using this
funding.
As the Chairwoman of the Committee with jurisdiction over the Defense
Production Act, I will be reviewing both FEMA and HHS's efforts to use
the authorities of the Defense Production Act, and I will be closely
examining how this new $1,000,000,000 is going to be used to ensure the
health and safety of people living in the United States.
States, territories, and municipalities are on the frontlines of
responding to this pandemic. Hospitals are already experiencing severe
supply shortages, and there aren't enough
[[Page H1851]]
hospital beds or health care workers to get patients suffering from
this virus what they need. It is absolutely critical that we support
our local governments as they respond to the crisis and other
unanticipated expenses--especially in the face of sharply rising
interest rates on municipal bonds and declining local government sales
tax revenue. In addition to $150 billion in grants to states and cities
in this bill, H.R. 748 authorizes the Treasury Department to provide
financing to a Federal Reserve facility that would support states and
municipal government financing, including through the purchase of
longer dated maturity bonds. The bill also instructs the Treasury
Secretary to endeavor to lend through the Federal Reserve's facility to
states and cities to help them meet the huge needs they will see in the
months ahead. Given how urgent the needs are, Congress expects this
program to be stood up quickly, and for the support that it provides
for state and local borrowing to be robust, including through the
direct purchase of new debt issuances and long-dated municipal
securities.
The small businesses in this country form the backbone of our
nation's economy. This bill provides major funding to ensure small
businesses are able to continue to serve their local communities during
these difficult times. The final bill includes loan forgiveness to
small businesses for expenses related to utilities, rent, interest on
mortgages, and payroll, which should help struggling small businesses
will have access to funds to cover their immediate costs. There are
also funds available that Treasury and the Federal Reserve can and
should immediately deploy to support small businesses, and we will be
examining closely how these provisions are implemented.
The financial crisis of 2008 left millions of Americans stretched
financially, especially women, minorities, and diverse-owned
businesses. Unfortunately, many of them are still recovering from the
last crisis and will be vulnerable to any negative impacts as a result
of the COVID-19 pandemic. I am pleased that this legislation includes
$10 million for the Minority Business Development Administration. MBDA
will be able to direct funding to its minority business development
centers, which provide local support directly to minority businesses
within the communities they serve. These funds should be quickly
deployed. Congress should be mindful that $10 million is only a down
payment, and more funding is needed for grants and other assistance to
provide access to capital for minority businesses to ensure they do not
continue to be left out and further behind.
Community banks and credit unions are playing a vital role as we
endure and eventually move past this pandemic. This bill reauthorizes
the Transaction Account Guarantee (TAG) Program, a successful financial
crisis era program established to maintain confidence in our nation's
banking system, including minority depository institutions (MDIs),
community banks, and credit unions. The bill gives the Federal Deposit
Insurance Corporation (FDIC) and the National Credit Union
Administration (NCUA) authority to guarantee that noninterest-bearing
customer accounts, along with the debt owned by depository institutions
is covered even beyond the current $250,000 limit.
Fortunately, there are a few limited deregulatory proposals included
in the bill. Deregulation is not the answer to this crisis. Congress
will be overseeing the financial regulators in the weeks and months to
come to ensure that they do not advance harmful rollbacks that will
harm consumers during this time of national crisis. Financial
regulators should focus all of their energy on the current crisis. They
should immediately suspend any rulemaking or other efforts that have
nothing to do with this crisis.
The $500 billion Congress is authorizing for the Treasury Department
and the Federal Reserve to prudently extend emergency assistance
directly and indirectly to corporations, non-profits, states,
territories, and municipalities in this turbulent moment for our
economy must be used to protect workers, families, and the national
economy. These funds should not be used to line the pockets of
corporate executives or arrange for a taxpayer-funded slush fund that
enriches President Trump or his family.
That is why this bill expressly prohibits the President, members of
the President's Cabinet, and Members of Congress and their families
from receiving any of these funds. The bill also expressly limits
executive compensation and bonuses for corporations receiving
assistance, and requires certain businesses receiving aid to uphold
their collective bargaining agreements, maintain their workforce to at
least 90 percent of what it was before the pandemic, and preserve
worker pay and benefits. Furthermore, the bill prohibits companies
receiving federal aid from engaging in stock buybacks and issuing
dividends until taxpayers are fully paid back.
However, the bill allows the Treasury Secretary to waive some of
these conditions if the Secretary deems it in the federal government's
interests. This waiver is overly broad and thus should only be used in
only the most exceptional cases. The bill requires the Secretary to
make himself available to testify before the House Financial Services
Committee if he decides to exercise this waiver authority. Companies
should not ask for waivers simply because they are available. It is the
expectation of Congress that every business receiving government
assistance fully complies with all of the aforementioned conditions.
There is no reason that a business receiving taxpayer aid should focus
on anything other than supporting and retaining its workforce.
Furthermore, a business receiving taxpayer funds should not be engaging
in stock buybacks or issuing dividends, and its CEO should go beyond
the bill's conditions and restrain excessive compensation practices.
Furthermore, the final bill includes a number of oversight and
transparency measures to ensure the program is administered fairly and
that the use of these emergency funds truly helps workers and all
communities. Specifically, the bill requires public reporting of
transactions in plain language on Treasury's website within 72 hours.
The bill also requires weekly and monthly reports by Treasury to
Congress summarizing new transactions and outstanding obligations. The
Federal Reserve must, similar to reporting requirements for emergency
lending mandated in the DoddFrank Wall Street Reform and Consumer
Protection Act, also submit weekly and monthly reports to Congress on
any new facility they stand up as well as outstanding loans or
financial assistance provided by the Fed. The Secretary of the Treasury
and the Chairman of the Board of Governors of the Federal Reserve
System will be required to testify before the House Financial Services
Committee every single quarter regarding how the Treasury Department
and the Federal Reserve System are implementing the law.
Moreover, the bill creates a Special Inspector General for Pandemic
Recovery to combat waste, fraud and abuse and scrutinize every dollar
spent in the administration of this $500 billion Treasury program.
Therefore, the Secretary must prioritize the establishment of this
Inspector General and have it open its doors as soon as possible. The
Senate should confirm a qualified nominee for Inspector General
quickly. Because the bill does not use an existing Inspector General,
such as the Special Inspector General for TARP in H.R. 6379, there will
be little executive branch oversight of these funds until the IG is up
and running.
Lastly, the bill creates a Congressional Oversight Commission,
authorized to hold hearings, gather evidence, and publish monthly
reports until 2025. The bill also authorizes the Government
Accountability Office to provide an annual oversight report to
Congress. Additionally, the bill creates a Pandemic Response
Accountability Committee within the Council of the Inspectors General
on Integrity and Efficiency to ensure government-wide oversight through
a number of Inspectors General to scrutinize the use of all Federal
funds intended to address the coronavirus pandemic.
Since taxpayers are footing the bill, all Americans deserve to
examine any and all information related to the administration,
disbursement and utilization of these funds. Therefore, I fully expect
Treasury and the Federal Reserve to comply with the bill's transparency
requirements and fully cooperate with these oversight entities, as well
as the oversight conducted by Congress, including the Committee on
Financial Services. Furthermore, I expect the oversight authorities
established by the bill to immediately make Congress aware of any
potential misuse of funds, conflicts of interest, or criminal or civil
violations and refer any such matters, as appropriate, to the
Department of Justice.
I am pleased that this legislation includes important provisions that
Democrats fought for to support individuals, families, workers, small
business and communities, and support the bill's passage. But, the
legislation is far from sufficient to fully support our nation through
this crisis. And so, I will be voting ``yes'' on the bill, and urge my
colleagues to immediately begin working on additional legislation to
help American families to endure and overcome this pandemic.
Mr. ADERHOLT. Mr. Speaker, while this bill is not perfect--few bills
are--the bill before us today is a good bill and we are quite frankly
in the midst of perhaps our greatest health care crisis since the flu
pandemic of 1918, the year my grandmother was born in rural Alabama.
Because of the crisis, we have a responsibility to take action.
Our President, Donald Trump, has shaped one of the most successful
economic periods in our memory. I admire and support his ongoing vision
of creating and maintaining jobs in the United States.
Unfortunately, this virus which we are currently dealing with has a
very high rate of transmission, often before the carrier is
symptomatic. This is why the President and our healthcare experts have
encouraged people to stay home, meaning that the very activities
[[Page H1852]]
crucial to thriving business activity have temporarily been put on hold
in order to stop the spread of the virus.
Experts in both the public and private sectors are working almost
around the clock to produce the therapies and medical devices we need,
and also on an eventual vaccine.
In the meantime, we must help American workers and businesses who,
through no fault of their own, simply cannot work due to circumstances
and in some cases due to having the virus itself.
This bill has been in the spotlight at every point in its
negotiations. Again, while this bill is not perfect, it accomplishes a
number of things I support. Here are just a few.
Rural hospitals serve our constituents who cannot travel to large
hospitals, and, indeed, are being asked not to travel at all. The $100
billion emergency fund is necessary to prevent the imminent shutdowns
of these small rural hospitals such as in my hometown of Haleyville
which were already operating on a razor's edge margin. This bill also
includes assistance for our Rural Health Clinics and Federally
Qualified Health Centers to provide telehealth services during this
crisis.
Likewise, we need for every person, every student, to have access to
broadband internet service.
During the course of negotiations on this bill, I repeatedly warned
that rural Americans without access to high-speed internet are being
left behind as Americans are asked to work from home, take classes
online, and utilize telehealth services to combat the spread of the
coronavirus. After working alongside colleagues on both sides of the
aisle, and also our Ranking Member of the Appropriations Committee Kay
Granger of Texas, I am pleased to see that this bill contains $340
million for rural broadband deployment, distance learning, and
telehealth for rural areas. This is a step in the right direction
toward getting rural Americans the help that they need during the
coronavirus emergency.
I applaud the President for his desire to send each family a check to
help them in this time of need. Likewise, when they spend that money,
that act will help sustain our economy.
I believe that we will get through this crisis. And when we do, it
will be the economy, the workers and families of this great nation who
provide the lasting economic recovery we all look forward to.
In the meantime, this bill has provisions to preserve our travel
industry, our contractors working on the Artemis mission to take the
first woman astronaut to the Moon, as well as scientists who monitor
dangerous weather at NOAA. I want to thank the tremendous leadership of
Ranking Member Granger on those efforts, as well as our House
leadership, especially my friend and colleague Minority Whip Scalise,
and Senator Wicker, as well as Representatives Posey, Palazzo, and many
others on both sides of the aisle as we move forward.
I understand the concerns of many Members and Senators about how the
unemployment provisions work, but I believe that when this crisis
passes, our economy will come roaring back. I want to continue to work
with my colleagues on possible corrections and possibly another bill
this spring.
I want to thank our farmers, food processors, and truckers who
continue during these difficult times to provide the most basic need:
food.
Also, our hospitals and healthcare workers--the doctors, nurses, NPs,
PAs, CRNAs, lab workers, technicians, and all the other staff who make
our hospitals work--around the country are on the front lines of
fighting this virus and we are so grateful for their sacrifice to take
care of our citizens.
Again, I sincerely believe that we will get through this crisis. Our
country is stronger than this virus. This bill is just one example of
how we can come together to find solutions.
My prayers are with our families and all families across America as
well as with all of our nation's officials, from local government to
the White House. I appreciate the feedback from everyone back home, and
I hope to continue to do what I can to work on their behalf of all of
those I represent.
Ms. DeLAURO. Mr. Speaker, with state revenues collapsing at the same
time demand for services is skyrocketing, we have had broad agreement
that something needs to be done to help the states. Although some might
have preferred to increase the federal matching rate for Medicaid, this
legislation goes a different route with a fiscal relief fund for state
and local governments.
In any case, the key is to help states plug the enormous fiscal gaps
they are currently facing. I am pleased that the final legislative
language, unlike some earlier proposals that we rejected, gives states
broad flexibility in how they spend the money they will receive. At
this point, it has become impossible to separate the effects on state
budgets of rising demands for services and shortfalls in revenues.
States cannot spend the money on new projects unrelated to the public
health emergency and its economic fallout. I doubt any state would have
done that anyway, but the legislation clearly says that they cannot.
Beyond that, we trust states' discretion about what expenditures are
necessary in light of the current crisis. We also know that states
planned many expenditures assuming revenues that they are no longer
receiving. An activity without the revenue to support it is not
accounted for in the state's budget.
States should understand that they can apply this money to prevent
the cuts that would devastate their necessary functions that they can
no longer cover from their general funds because of the loss of sales
and income tax revenues. We are assured that the Treasury Department
appreciates the importance of getting this money out to states quickly,
flexibly and with a bare minimum of paperwork.
I include in the Record the following Washington Post article,
``States and Cities Should Brace Themselves for a Downward Spiral,''
written by Catherine Rampell and published yesterday, March 26, 2020.
States are facing huge shortages--and not just of
ventilators, masks and health-care personnel. They're about
to confront enormous budget shortages, too. This is the
sleeper issue of the current economic crisis, and aiding
states now could well be the difference between a brief
recession and a prolonged depression.
Particularly in ailing regions of the United States that
still haven't recovered from the last recession.
The bill the Senate passed Wednesday would give state and
local governments $150 billion to help plug budget holes. It
also includes $31 billion for local schools and colleges.
That money is definitely welcome.
But it will be nowhere near sufficient to prevent cascading
state and local government layoffs and cuts to critical
public services that otherwise lie ahead. For context: States
suffered a cumulative $600 billion revenue shortfall in the
first five years after the Great Recession hit.
And there are ample reasons to believe the fiscal crunch
could be worse this time around. Many states entered this
dual public health and economic emergency in poor budgetary
shape, with too little in their ``rainy day'' funds to handle
this Noah-style deluge. As of late last year, only about half
the states had the funds they need to weather even a moderate
recession, according to Moody's Analytics.
Seemingly every state will take a huge hit, for different
reasons. Those whose economies are especially dependent on
tourism (Florida, Nevada), energy (Texas, Oklahoma) and other
hard-hit sectors are in trouble. As are those dependent on
capital gains revenue (New York, California), given stock
market declines. High-fixed-cost public transit systems
everywhere will suffer as they lose rider revenue. And so on.
Among the biggest problems are the expected declines in
sales tax collections, which make up about a third of state
revenue. With millions of retail stores, restaurants and
other businesses shuttered, sales on which those taxes are
based have stopped. Even the early-pandemic panic-buying is
unlikely to help, because groceries, medications and other
necessities are often exempt from sales taxes.
Taking a cue from the feds, many states have delayed their
deadlines for filing 2019 income taxes, too, meaning they
will not be able to count on an April bump.
Tax money that would normally be withheld from people's
paychecks this year will also be depressed while people are
out of work, suggesting revenue shortfalls will continue for
a while.
Depending on how long layoffs last, they could eventually
start to depress property values, too--and thus the property
taxes that disproportionately pay for schools and local
services. Which suggests there could be reverberating fiscal
effects for years after this pandemic ends.
That's just one side of the ledger. Meanwhile, states'
expenses are spiking, too.
This always happens during recessions, as people seek a
safety net when their income falls. But the particular cause
of this recession--a public health emergency--means there
will be even more demand for public services than usual.
Already, unemployment insurance claims are off the charts,
with initial claims filed last week reaching an all-time high
of 3.3 million. (The past record was 695,000, in 1982.) That
figure probably understates the severity of the need, because
government unemployment websites have crashed.
The aid package passed the Senate Wednesday would top off
what states will offer workers seeking unemployment benefits,
and extend benefits to new categories of workers, but states
will still be on the hook for huge obligations.
Medicaid enrollment also usually rises during a downturn,
as jobless people lose their private insurance and reduced
earnings make people newly eligible for benefits. But given
that this downturn was caused by a pandemic, we should expect
that more people than usual will seek public insurance, and
that the spending per enrollee will be higher than normal.
In its ``phase two'' bill, Congress temporarily increased
the share of Medicaid costs borne by the federal government--
but not by nearly as much as is needed, and not even by as
much as it did in response to the Great Recession. Which is a
shame, given that Medicaid is such a useful vehicle for
distributing federal funds to states even when there isn't a
public health emergency.
[[Page H1853]]
The fastest, most efficient way to get money out to the
states is through Medicaid, because there's a whole mechanism
already that allows for that all in place,'' said Scott
Pattison, former executive director of both the National
Governors Association and the National Association of State
Budget Officers.
Unlike the federal government, most state and local
governments are legally required to balance their budgets.
Without more federal help, states and cities shouldn't expect
a swift snapback from this crisis. Instead, they should brace
for a downward spiral--of service cuts, deteriorating
conditions for households and businesses, and depressed
economic conditions for years to come.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, my home is again an
epicenter for a national disaster. Today, New York City is the
frontline of the war against the spread of coronavirus; the United
States now has the most confirmed COVID-19 cases in the world, and New
York City has, by far, the most cases in the United States, reaching
more than 23,000 as of this morning. New Yorkers are facing this crisis
with strength and optimism and we, as we have so often, are providing a
model for the other cities and states that will confront similar
challenges in the days and weeks to come.
My constituents always come first. If I thought that I could help
them at this time by breaking every bit of expert medical guidance on
containing the coronavirus, then I would travel to the Capitol in a
heartbeat. But with the outcome assured, I can best serve my
constituents and New York by following best practices and staying here,
facing down this crisis with the strength for which New Yorkers are
justly known.
Had I been present, I would have voted to pass this emergency relief
legislation to get immediate help to our hospitals, small businesses,
and individual Americans. Let me be clear: this is disaster relief to
address the immediate crisis in front of us; there is much more that
needs to be done to help restart the economy, and we will be turning
our efforts to that as soon as this $2 trillion relief package is
signed into law.
This bill is not perfect, but it is essential that we act now. With
this bill, more than $40 billion will flow to New York--not just for
the state and city but directly to our hospitals and healthcare workers
and small businesses, particularly for employee retention. There will
also be direct payments to individuals and significantly more resources
for those who have lost their job because of this crisis.
This bill includes important wins for progressive policy proposals
that Democrats fought for, including: a large investment in hospitals,
our health system, and state and local governments to give them the
resources they need during this emergency; a massive increase in
unemployment insurance benefits so that these benefits match the
average paycheck of laid-off and furloughed workers; a significant
expansion of fast relief for small businesses, including making rent,
mortgages, and utility costs eligible for Small Business Administration
(SBA) loan forgiveness; billions of dollars for emergency education
funding and the elimination of income tax on student loan repayment
assistance by an employer; and accountability and oversight by
preventing secret bailouts and adding special oversight requirements.
Importantly for New Yorkers, this expansion of unemployment insurance
covers all workers, whether they work for small or larger business, are
self-employed, or work in the gig economy. Of the $260 billion
dedicated for this proposal, $15 billion is projected to come home to
New York. Additionally, a relief fund for state and local governments
is projected to send at least $5.8 billion to New York State and more
than $1.4 billion to New York City.
This legislation puts workers first by banning stock buybacks and
limiting executive compensation for the duration that a company is
receiving government assistance plus one year for any company that
receives a government loan from this bill. It also establishes robust
worker protections attached to most federal loans for businesses. There
will be real-time public reporting of any transactions by the Treasury
Department under this bill, including terms of loans, investments, and
other assistance to corporations. Democrats also added a retention tax
credit for employers to encourage all businesses to keep workers on the
payroll during this crisis and removed the ``secret bailout'' provision
of the initial Republican proposal that would have allowed bailouts to
be concealed for 6 months.
As Chair of the Committee on Oversight and Reform, I am proud that
the committee will be at the forefront of fulfilling Congress' vitally
important Constitutional responsibility to conduct oversight of the
distribution of funds to corporations under this legislation.
The bill includes important provisions to ensure that taxpayer
dollars are used effectively and efficiently, including dedicated
funding and enhanced authorities for Inspectors General and the
independent Government Accountability Office to fight waste, fraud, and
abuse in the government spending that will happen under this bill.
The bill includes several provisions that I, along with my
counterpart in the Senate, Senator Gary Peters, offered. Among the
provisions we are adopting today are, as follows:
Pandemic Response Accountability Committee: The Pandemic Response
Accountability Committee will be made up of independent Inspectors
General who will conduct and coordinate audits and investigations to
provide accountability and identify waste, fraud, and abuse in spending
under the Act and the response to the coronavirus crisis. This
provision will help ensure that Inspectors General have the authorities
and funding necessary to conduct oversight, including access to
documents and testimony from government officials and private sector
entities. The bill requires extensive public reporting through
Oversight.gov on what the Inspectors General find during their
oversight, and it requires agencies to report information about
spending under the bill.
$20 Million for Government Accountability Office: The bill allocates
$20 million to enable the independent Government Accountability Office
(GAO) to help Congress conduct oversight of the spending under this
bill and other efforts to respond to the crisis. The bill provides GAO
with the ability to conduct oversight and inspections of private
entities receiving funding under the bill to protect against fraud.
The bill also includes several other oversight initiatives including:
Special Inspector General for Pandemic Recovery: The bill establishes
a Special Inspector General to conduct oversight over stimulus spending
by the Department of the Treasury. The bill requires the Special
Inspector General to track all loans, loan guarantees, and other
obligations and expenditures made by the Treasury Department under the
bill. The bill provides $25 million for the Special Inspector General
and authorizes the position for five years.
Congressional Oversight Commission: The bill includes the
establishment of a Congressional Oversight Commission to oversee
stimulus spending by the Department of Treasury and the Board of
Governors of the Federal Reserve. The Commission will be tasked with
evaluating issues such as the impact of loans, loan guarantees, and
investments made under the bill on the United States people, economy,
financial markets, and financial institutions. The Commission will be
required to submit reports to Congress every 30 days.
Finally, the bill includes mechanisms to prevent the airline industry
from using taxpayer funds for purposes Congress never intended, as the
industry did after 9/11.
To prevent a repeat of these abuses, the House and Senate worked
together to establish clear requirements for expectations and
accountability, including:
Required Assurances from Air Carriers: The bill requires air carriers
to agree to certain conditions in order to accept loans or loan
guarantees from the Secretary of the Treasury. These conditions impose
limitations on the ability of air carriers to buy back stocks, pay
dividends to shareholders, layoff or furlough employees, and increase
executive pay.
In closing, I want to offer my deepest appreciation to the Democratic
negotiating team, led by our peerless Speaker and Minority Leader
Schumer, which so dramatically improved the legislation from the
original bill that Senate Republicans initially tried to pass. The
achievement of this legislation is not the speed with which it was
assembled, but the breadth of its vision to focus on direct assistance
to individuals and conditioning so much of the aid to companies on
keeping our friends and neighbors employed. Getting through this moment
in history will be eased for many because of the hard-won provisions of
this legislation achieved by the Democrats.
Ms. GRANGER. Mr. Speaker, our nation is facing an unprecedented
pandemic, and I am proud that Congress has come together again to
provide desperately needed resources and relief to the American people.
The ``Coronavirus Aid, Relief and Economic Security (CARES) Act'' is
the third emergency relief bill to provide assistance to millions of
Americans, especially for our healthcare workers, first responders,
small businesses, and individuals who are unable to work because of
this outbreak.
Eighty percent of the $340 billion in emergency funding included in
the bill goes directly to state and local governments, supporting their
frontline efforts to respond to the virus. More than $125 billion will
be used to support our hospitals and purchase medical supplies likes
gloves, face masks, and gowns and equipment like ventilators and
respirators that our healthcare heroes desperately need.
The bill also provides small businesses with the capital to sustain
operations and payroll, preserving the jobs of millions and ensuring
that those job creators can reopen immediately once the virus passes.
Our around-the-clock efforts to negotiate this bill paid off--we've
reached a historic bipartisan, bicameral agreement. While there
[[Page H1854]]
are some things in this bill that I wish were addressed differently,
the bill will do what is intended: support the American people, lessen
the impact of the virus, and jumpstart our economy.
As many of you know, Tarrant Country has a ``stay-at-home'' order
currently in effect, and due to that order and travel concerns, I
disappointingly will not be in D.C. to cast my vote in person today.
Nevertheless, relief is on its way to the American people.
As we continue to fight this invisible enemy, it is vitally important
that we remain in it together, follow the recommendations of the
President, his task force, and our state and local leaders, and support
those that need assistance during this time. The health and safety of
our community relies on our partnership.
As the situation progresses, I will continue to work with President
Trump, Governor Abbott, and local leaders to keep our friends and
family safe and ensure we win against this pandemic.
Mr. CARTWRIGHT. Mr. Speaker, I deeply regret that I was unable to be
present at today's vote, and so submit this statement in order to
officially express my support for the Coronavirus Aid, Relief, and
Economic Security (CARES) Act. Had I not been under physician orders to
self-quarantine, after coming into contact with an individual who
tested positive for COVID-19, I would have proudly cast my vote in
favor of this legislation. From the very start of this unprecedented
public health and economic emergency, my number-one priority has been
to put relief for our nation's workers, families, and seniors first.
After intense negotiation, this historic $2 trillion stimulus now takes
a monumental step in that direction.
As the coronavirus continues to gain a foothold in the United States,
workers face increasing uncertainty. Last week, the number of
unemployment claims filed reached a record high, and those numbers are
expected to only grow. The legislation that the House passed today
offers much needed stability and peace of mind for American workers, by
dramatically expanding our unemployment insurance program. As a result,
jobless workers will see an increase of $600 per week in their
unemployment benefits for a period of four months, as well as an
extension of regular unemployment benefits by 13 weeks. Moreover, for
the first time in history, independent contractors, gig workers, and
self-employed individuals will be universally eligible to collect
unemployment benefits.
As with our public health response, Congress recognizes the
centrality of prevention to our nation's economic response. Blunting
the impact of this pandemic and necessary social distancing on workers
will require not only that we strengthen the social safety net, but
that we also provide robust assistance to America's economic backbone:
small businesses. Over the past week, Democrats have fiercely
negotiated for enhanced relief for small businesses, and in the end we
were able to secure $377 billion in funding. These loans and grants
will help small businesses continue to make payroll and rent payments,
and ultimately, keep workers employed.
From day one, we've understood that limiting economic fallout from
coronavirus requires a multi-pronged approach. The direct payments,
under this bill, will quickly inject cash into the pockets of American
workers, families, and seniors, so that they can continue to make ends
meet. While I would have liked to have seen even more generous payments
go to our low- and middle-income Americans, I am nevertheless pleased
with this start.
Finally, I am extremely grateful that Democrats and Republicans were
able to come together to direct more than $150 billion to our hospitals
and health care system. Anything less would have been shortsighted, and
would have represented a grave failing on Congress's part. Now,
hospitals will have the resources needed to increase surge capacity. In
addition, these funds will go towards supporting COVID-19 medical
research and providing frontline health care workers with personal
protective equipment, ventilators, and other critically-needed medical
supplies. If we hope to slow the spread of this virus, save American
lives--including those of our heroic frontline health care workers--and
help restore normalcy to our lives and economy, we must equip our
health care system with the resources it needs to operate effectively.
Over the coming months, it will be imperative that Congress continues
to invest in the health care infrastructure.
Like any compromise, this bill is far from perfect. Still, the
investments that the House has made today will go a long way toward
delivering swift, meaningful relief to Americans, during this
challenging time. Going forward, I will continue to push for further
investment in our hard-hit communities. I am under no misconceptions
that our work combating this pandemic is done. In the meantime,
particularly in this era of sharp partisan division, I hope today's
uniquely bipartisan effort will serve as a comforting reminder to the
American people of their government's ability to come together in times
of crisis to put them first.
Ms. TLAIB. Mr. Speaker, as individuals, families, and communities
across this country and the world deal with the COVID-19 pandemic, I
know residents in the 13th Congressional District are looking for
immediate, lasting relief. I know that our medical workers and first
responders are looking for resources and enough personal protection
equipment to be able to do their jobs caring for the sick. Our
hospitals are overloaded and need immediate support to provide enough
beds and facilities to care for our communities. It's for our
residents, frontline medical workers, and hospitals who desperately
need help today that I support the passage of the CARES Act--but this
is only the beginning of our fight for relief that goes to the people
first.
This bill does not go far enough. However, residents are in dire need
of direct payments to help replace the loss of income they've
experienced. We know residents who are now unemployed can't wait for an
increase in unemployment insurance amounts. Small businesses and non-
profits will now have access to loans that may be forgiven. Hospitals,
health care facilities, and medical providers will receive $100 billion
dollars to protect communities across the country. And the state of
Michigan will receive nearly $3.9 billion in funding to help stop this
pandemic, including $351 million for public transit systems and nearly
$74 million for housing (HUD) emergency solution grants.
We have already begun the work of pushing for a fourth COVID-19
response package that includes critical provisions I've been fighting
for in Washington.
Our local governments, municipalities, and states have been at the
forefront of responding to this crisis. They have sprung into action
and must have the resources they need to save lives, and are now being
forced to go without crucial revenues and divert funds to COVID-19
relief. I have continuously advocated that we do more to prevent the
financial collapse of state and local governments through the Federal
Reserve's toolbox. This bill provides some mechanisms for the Fed to
provide financial relief to our cities and states, but we need stronger
requirements for the Fed to purchase debt and support our local
governments.
A one-time payment is not enough to provide relief to the thousands
of our residents who have been laid off or will lose income for the
foreseeable future. Our residents need monthly payments, like I have
proposed, to continue until after the economic shocks caused by this
pandemic end.
We need to immediately implement a water shutoff prohibition, which
80 members of the House supported in a letter I led with Reps. Dingell
and Kildee to House leadership. It is imperative that we ensure
households have clean, safe water running from the faucets, especially
during a time where hand washing is essential in preventing the spread
of COVID-19.
These critical provisions should have been prioritized over giving
corporations a half-trillion dollar handout, which I am concerned that
the CARES Act does. Congress must begin working immediately to develop
and pass a fourth stimulus bill, one that delivers on these provisions
and more for the people who will suffer most during this crisis.
Ms. DeGETTE. Mr. Speaker, I rise today in support of the coronavirus
economic recovery package being considered today.
Never in our lifetimes have we experienced a public health crisis
such as the one we are experiencing right now.
From the employees who are losing their jobs, to the small business
owners who are being forced to shut down, every facet of our society
has been impacted by this pandemic.
With millions of American families struggling to make ends meet,
Congress must take immediate action to bring them relief. The
legislation before us today puts us on the path to do just that.
Most importantly, this package puts workers and their families first.
The bill would provide direct payments to most American workers to
help them get by while much of our economy is shut down. This extra
money is critical to many of my constituents that have had hours
slashed or income lost as result of this crisis.
The bill also dramatically expands unemployment insurance, including
for workers with non-traditional employment. This is vitally important
for many of my constituents who work in the gig-economy or are self-
employed.
Under this package, these workers, along with those that work for
traditional businesses, would be eligible for unemployment insurance
that would, on average, ensure they receive their full pay for four
months.
And for those that were already on the edge of housing insecurity,
this bill would provide billions of dollars in support for affordable
housing and homelessness assistance programs.
The bill also provides essential support to the small businesses that
fuel our local economies and contribute to our communities.
[[Page H1855]]
If we don't take bold action right now, many of these businesses may
not survive. We cannot let that happen.
This package includes billions of dollars in much-needed assistance
for small businesses, that will incentivize them to maintain payroll
and avoid laying off workers. And it will help these small businesses
afford rent or mortgages as they work tirelessly to navigate this
crisis.
Our students are also hurting from this crisis. This bill would
provide billions in emergency education funding and eliminate income
tax on a large chunk of student loan repayment assistance paid for by
an employer.
Finally, this package would direct billions of dollars toward
hospitals and other health care providers on the frontlines of this
pandemic. It will continue our efforts to provide our health care
workers with the life-saving protective equipment they need to do their
jobs safely and effectively.
It is no question that this relief package would provide critical
assistance to American workers and their families. But it's also no
question that there's more work to be done.
We still must do more to protect our immigrant communities,
incarcerated individuals, undocumented people, and many more.
We also must do more to protect reproductive rights. The inclusion of
Hyde restrictions on yet another federal funding stream is absolutely
unacceptable and should never have been allowed.
Exploiting the urgent need to pass this emergency funding bill by
adding unnecessary abortion coverage restrictions only further harms
the health of our communities and shows just how far the Administration
and anti-abortion politicians will go to push their agenda.
Furthermore, I am strongly disappointed that the Small Business
Administration has been given broad discretion to exclude critical
businesses, such as Planned Parenthood and YMCA, from participating in
the new small business loan program.
This move will only take away imperative resources, particularly
essential health services, that our communities need to respond to this
public health crisis.
Despite these concerns, I urge my colleagues to come together and
pass this critical package to bring immediate relief to our families,
workers, and small businesses.
But tomorrow, we must continue our work on the next major piece of
legislation to protect the health and well-being of all.
Mr. CARTER of Texas. Mr. Speaker, as the Coronavirus continues to
sweep across our nation, there is nothing more important to me than the
health and safety of the American people. I strongly support rapid
passage of the CARES Act to accelerate much-needed resources to our
nation's health care professionals and provide critical aide to
Americans, small businesses, and families.
As Ranking Member of the MilCon/VA Appropriations Subcommittee, I am
proud to have worked on securing $19.6 billion for veterans' programs
to help combat COVID-19. I'm honored to represent the largest
population of veterans in Texas and am committed to ensuring Congress
continues providing top-level care to the brave men and women who have
sacrificed to keep our nation and free, many of whom are at-risk of
serious complications should they contract COVID-19.
In this challenging time, it is critical that Congress continue
working in a bipartisan manner to provide aid, relief, and economic
security to the nation. Continuing to work across the aisle to provide
our country the resources it needs is the only way forward.
I am grateful to the incredible health care professionals, first
responders and essential service employees who are working tirelessly
to keep our nation healthy. I also salute Americans who are following
guidelines and doing their part to flatten the curve for not only their
own health but for their neighbors.
Together, we will get through this.
Ms. JOHNSON of Texas. Mr. Speaker, I rise in strong support of H.R.
748, the CARES Act. This bill is far from perfect, nor do I think this
bill contains all that I think is important at this time. We will
continue to work.
However, this landmark piece of legislation will take a step in
providing economic relief for the thousands of Texans in my district
that are either at home or on the front lines as essential workers, as
we fight to bend the curve of this pandemic that is sweeping across our
country. Again, this is the best we can do at this time, but we will
continue to work to ensure the needs of the American people are met.
This bipartisan bill that we are debating here today provides
economic protection to Americans during this crisis by providing
expanded unemployment benefits for those that have been laid off,
direct cash assistance to our constituents so that they can use this
relief to continue meeting their everyday expenses, and much needed
funding to our Small Businesses so that they can meet payroll and
overhead costs.
Furthermore, this bill provides critically needed funding and
resources to our hospitals, community health centers, and local and
state governments. We must ensure that when our communities are faced
with this public health emergency, our systems can provide the urgent
medical attention they need. We have also successfully agreed to the
requirement for health insurance companies to pay for coronavirus
testing, thus eliminating a significant barrier to ensuring that each
and every person that needs to be tested can access testing.
Mr. Speaker, this is a public health crisis that has vast economic
consequences. Our job in congress should be to ensure the safety and
prosperity of our constituents as we fight this pandemic, This bill
takes a step in doing exactly that. It will not be the only step we
take in addressing both the public health and economic issues that this
we will face throughout this fight, but it is a step in the right
direction. I urge my colleagues to come together and support this
monumental legislation.
Ms. UNDERWOOD. Mr. Speaker, the Coronavirus Aid, Relief, and Economic
Security (CARES) Act puts the health and well-being of families and
workers first in order to provide support and relief to Americans
suffering from the health and economic impacts of the devastating
COVID-19 pandemic.
Throughout my time in Congress and especially now, I have
consistently prioritized policies that save lives and support northern
Illinois families. The best way we can do this is to take immediate
action to help our economy and support the everyday people who make it
work.
This has been a terribly hard time for our community. According to
the Johns Hopkins University & Medicine Coronavirus Resource Center,
today, there are 549,604 cases globally, and 85,996 cases in the United
States. The Illinois Department of Public Health reports 2,538 positive
cases and 26 deaths in Illinois as of March 26, 2020. We have lost
beloved community members across Illinois's 14th Congressional
District. Countless others are in need of testing, and thousands of our
frontline health care providers need personal protective equipment
(PPE). And, all across our community, families are being thrown into
economic distress--over 114,000 Illinoisans applied for unemployment
last week alone.
Many of us are coming together during these times. That extension of
kindness and grace must extend to our neighbors of Asian descent who
are facing an increased amount of discrimination and hate-filled acts.
This type of division, along with the dissemination of false
information about COVID-19, is dangerous for public health and safety
and cannot be tolerated.
I have spent the last weeks talking with hundreds of people all
across our community. During some conversations I heard from parents
trying to balance working from home, educating their children, and
caring for elderly loved ones. For some, it meant talking to small
business owners trying to figure out how to make sure their family
businesses and their employees come back from this. For other calls, it
meant listening to folks who are scared that they will run out of money
before they can work again and that they don't know how to keep their
family afloat. And I heard from the husband of a nurse who is terrified
his wife is at risk because she is bravely going into work every day
without sufficient protective equipment.
Our community is struggling in all kinds of different ways. But we
know that we will get through this unsettling and extremely challenging
time together. One of the best tools we have to help right now is the
CARES Act: a robust legislative package developed with bipartisan,
bicameral cooperation at record speed over the last week in order to
protect our community's health--including health care providers on the
front lines of this crisis--and our economy.
Notably, this legislation contains updates to ensure that Americans
will not have to pay out of pocket for COVID-19 testing, and it ensures
Medicare will cover a COVID-19 vaccine as soon as our brilliant
scientists get one to market. In the face of a pandemic, all Americans
should have access to a reliable COVID-19 diagnostic test if they need
one. Tests are not yet widely available in our northern Illinois
community, and our three public health labs in Illinois are working
around the clock to deliver results for patients. We will keep working
to expand testing capacity in our communities, a critical step towards
disease surveillance.
The incredible contribution of our most trusted health providers,
nurses, has been on full display throughout the coronavirus response.
From student nurses surging to help care for sick patients in New York
City to recently retired nurses stepping up to serve our community at
home in Illinois, nurses continue to lead on the front lines of
clinical research and practice. Importantly, the CARES Act invests in
the heroic Americans who are giving everything right now to save lives:
health care providers.
[[Page H1856]]
The CARES Act secures $100 billion to help hospitals, health systems,
and community providers cover costs related to COVID-19. This will help
Northwestern Medicine, the largest employer in my district, as well as
community health centers like the Center for Family Health in Sycamore,
which will see their funding boosted and extended. These clinics are
lifelines in our community and I am proud to support their work.
There is not a health care facility in Illinois right now that is not
in need of additional personal protective equipment for the brave
Americans serving our ill neighbors. All health providers, caregivers,
essential personnel, and first responders should have complete sets of
PPE that is required to do their jobs safely--they are mission critical
and key to our recovery from COVID-19. There have been widespread
shortages of PPE, certainly in our community, but also in many others
across the country. This is unacceptable, and I hope the
Administration's new Supply Chain Stabilization Task Force will quickly
increase the availability of needed PPE, including by utilizing the
full force of the Defense Production Act, which could make desperately
needed testing supplies and PPE available in the communities that need
them most.
In the meantime, heroic members of my community, like Anna Haley
Fielder of Antioch, are stepping up to fill the unmet need by
organizing neighbors to sew face masks to help protect health providers
and other essential workers. This should never have had to happen in
the first place. That is why I support the CARES Act's provision of $16
billion to replenish COVID-19 supplies in the Strategic National
Stockpile. This builds on the $3.1 billion allocated for the Public
Health and Social Services Emergency Fund, which supports the Strategic
National Stockpile, in H.R. 6074, the Coronavirus Preparedness and
Response Supplemental Appropriations Act of 2020.
First responders have a critical need for PPE as well. Over the past
week, many mayors have expressed their concern to me that firefighters
and law enforcement officers without the PPE needed to safely protect
our community during this pandemic may fall victim to COVID-19,
impairing their public safety mission. The CARES Act includes $100
million for the Assistance to Firefighters Grant Program, which can pay
for PPE and other supplies our first responders need.
Our health care workforce is being tested at greater levels than we
have seen in recent decades, which is why the inclusion of the Title
VIII Nursing Workforce Reauthorization Act of 2019 (H.R. 728) in the
CARES Act is so critically important. I championed this bipartisan
legislation early in my congressional tenure because I know that an
investment in nursing education yields exponential return in our
communities.
One of the principles of effective preparedness is ensuring a supply
chain that can provide needed supplies during times of emergencies and
public health crises like a global pandemic. The CARES Act includes
bipartisan legislation, the Commission on U.S. Medical Security Act
(H.R. 6282), which I helped introduce with Dr. Raul Ruiz, Dr. Phil Roe,
and my Illinois colleague Senator Dick Durbin. Our legislation will
strengthen the security of the U.S. medical supply chain.
Supporting seniors who are at high risk for infection is a priority
in the CARES Act, which includes $200 million to help mitigate COVID-19
spread in nursing homes. I am pleased that many improvements to
Medicare, funding to support our health system and family caregivers,
and critical support services like Meals on Wheels were also included
in the legislation. These resources will be critical to prevent
outbreaks and save lives.
This month, Wall Street's response to this crisis led to trading
suspensions and record shifts in the stock market. Swift intervention
to stabilize our economy, and embracing policies to support workers,
families, and small businesses first allows us to invest in the
critical economic engines that fuel northern Illinois.
My legislative agenda has long centered on economic security and
opportunity for the working families of the 14th district. This
commitment has been demonstrated through supporting a broad approach to
job creation and championing legislation that provides flexibility to
entrepreneurs seeking to start a small business. Small businesses are
the foundation of our economy throughout the 14th Congressional
District, and the CARES Act recognizes their unique challenges. A new
$350 billion Paycheck Protection Program will make zero-fee loans
available to small businesses, with the ability to have up to eight
weeks of payroll and other costs forgiven from the loan if a business
retains employees and their salary levels--an important incentive to
support workers. Another $10 billion in grants will support small
businesses and nonprofits that have suffered economic injury in
response to COVID-19, a provision that will make a difference for
Illinois families. This is on top of the first wave of billions of
dollars for small business disaster loans that are already being
processed.
Many families will receive direct financial assistance from the U.S.
Treasury, to stimulate consumer confidence and provide a needed boost
to many families experiencing difficult and unanticipated related
economic circumstances related to COVID-19. Individuals can receive a
recovery rebate of up to $1,200 each (up to $2,400 for a married
couple) with an additional $500 per child.
With an unexpected layoff or sharp decrease in earning potential,
many families find themselves with limited income and difficulty
affording rent, mortgage payments, and other housing-related
obligations. As part of our efforts to offer relief to workers and
families, the CARES Act allows forbearance on federally-backed
mortgages for family homes for up to 12 months and sets a moratorium on
foreclosures and evictions in many properties receiving federal
subsidies or assistance.
Employers are also receiving needed financial support and flexibility
for their workforces, including loans from the Small Business
Administration. I hope many employers take advantage of these new
programs quickly in order to retain their skilled and loyal workers and
facilitate a quicker economic recovery. The CARES Act also supports
self-employed and gig economy workers through a temporary Pandemic
Unemployment Assistance Program. This legislation also expands the
unemployment insurance available to those who have lost work through
this crisis by $600 per week, and immediately extends the period for
which coverage is available by 13 weeks.
On March 26, 2020, we learned that 3.28 million Americans filed for
unemployment during the previous week, more than four times higher than
ever recorded. The Department of Labor reports that in reporting these
numbers, ``states continued to cite services industries broadly,
particularly accommodation and food services.'' This is no surprise to
Illinois workers who have seen in-restaurant dining closed since March
16.
The United States Postal Service has been a steady presence in our
communities, offering essential mail and supply delivery services to
even the most remote homes in our country with their six-day delivery
schedule. The CARES Act includes some assistance for the Postal
Service, and I will work to further support our postal system in future
legislation.
So many families across my community are experiencing hardship due to
COVID-19. Whether helping families through sickness or loss of income,
our local charities and nonprofits have quickly stepped up to serve our
seven counties and I am pleased the CARES Act creates a $300 above-the-
line deduction for charitable contributions from taypayers who take the
standard deduction.
The Department of Veterans Affairs is also responding to the COVID-19
crisis. The CARES Act offers $14.4 billion for testing kits, personal
protective equipment, and medical supplies to support growing demand
for health care services at the VA. The bill also allows for new
agreements to temporarily expand telemental health for veterans in
rural areas who may lack local providers who could offer those needed
services.
Governor Pritzker of Illinois ordered all schools closed by March 17,
2020, to slow the spread of COVID-19. In response to my conversations
with superintendents, I prioritized securing resources to facilitate e-
learning for our K-12 students. Many school districts in the 14th
Congressional District also need funding flexibility due to disruption
in the academic year from COVID-19, and I am pleased that the CARES Act
begins to deliver. The bill includes $13.5 billion in grants to states
for K-12 education, which can be used for the costs of responding to
COVID-19, including for hardware to support e-learning.
The legislation also supports college students whose semesters were
disrupted due to COVID-19. While the CARES Act falls short of offering
the comprehensive relief from student loans that is necessary in this
grave economic period, the bill offers much-needed temporary relief. I
will continue to work for more in future relief packages.
On March 17, 2020, Illinois held primary elections, allowing
residents to safely participate in our democracy. We must already start
making plans to ensure the remaining states can complete their primary
elections with the same emphasis on health and safety for the American
people. The CARES Act makes a $400 million down payment towards
protecting our democracy during this crisis through election security
grants to states, but more must be done. The Take Responsibility for
Workers and Families Act provided $4 billion to secure our elections
during this crisis, and would implement needed reforms, like easier
voter registration, 15-day early voting periods, and vote by mail
expansions. These reforms have been implemented in Illinois, are
popular and effective, and should be implemented in any upcoming
federal legislation responding to COVID-19.
Keeping America safe from terrorism and other national security
threats must remain a
[[Page H1857]]
priority in times of pandemics. We cannot let our preparedness posture
suffer under the weight of a whole-of-government pandemic response or
distracted attention from ongoing Homeland Security initiatives. As a
result, I am pleased the CARES Act reauthorizes the Chemical Facility
Anti-Terrorism Standards program through July 2020 and provides $9
million for the Cybersecurity and Infrastructure Security Agency to
help secure our supply chains and critical infrastructure during this
crisis.
This important legislation is not the end, our families will need
more. We need to improve health care affordability, expand access to
care, and offer protections from the surprise medical bills that could
arise as a result of COVID-19 testing or treatment. We need a special
open enrollment period to allow uninsured individuals to sign up for
affordable health care. We will need to expand paid family and medical
leave and we will need increased health care worker and pension
protections. Our state and local governments will need more resources
to support their leadership on the ground. And we will likely need more
in payments directly into the hands of Americans so they can continue
to support their families and their local economies. I will fight for
our community's needs and work with my colleagues to get these
priorities included in the next congressional relief package.
The CARES Act puts the health and well-being of families and workers
first, to allow us to recover from COVID-19 and rebuild the U.S.
economy. I am so deeply grateful to the health care providers, first
responders, grocery store clerks, and all the people on the front lines
of this crisis. I am grateful to serve our country at this time of
immense need to care for individuals, families and these United States
of America. Together we will rise. Let's take care of our neighbors.
Wash our hands. And be well. I will see you again soon.
Ms. HAALAND. Mr. Speaker, New Mexicans, Americans, and people around
the world are facing a crisis: the coronavirus pandemic is giving us an
opportunity to question what we value most.
How do we value the workers who grow and harvest our food, deliver it
to our stores, and help put it on our tables?
How do we value the people who put their lives on the line in
hospitals and healthcare centers to keep our loved ones healthy?
How do we value the people who educate and care for our children
during the day so that they are ready for the future?
Our lives and our way of life are threatened by this virus, and the
only way we can battle that threat is to do it together.
I've spoken with doctors, nurses, and first responders in Albuquerque
who put their own lives at risk every day to help identify those who
are infected and treat those who are sick, and they are running out of
personal protective equipment and testing supplies. They are worried
that hospitals don't have the capacity to handle all the patients who
will fall ill.
Democrats fought to make sure that The Coronavirus Aid, Relief, and
Economic Security Act includes comprehensive support for health care
workers.
The bill provides $150 billion to help all types of hospitals and
providers that are most affected by COVID-19 and will fund whatever is
needed to fight this virus.
It also creates a $150 billion Coronavirus Relief Fund to help state,
local, and tribal governments' efforts to fight the pandemic.
I'm pleased that a minimum of $1.25 billion of this funding is
allocated for New Mexico, and I fought to make sure that $8 billion
will go to Indian tribes across the country.
In addition, the bill includes over $30 billion for states, school
districts, and institutions of higher education to address coronavirus
costs.
We all have an important role to play in the battle against the
coronavirus, too.
Humans are responsible for the spread, but that also means we have
the power to stop it.
We must protect our seniors and keep our distance from each other
while the virus runs its course.
I know this isn't easy, and it creates challenges of its own.
I had a virtual small business forum with the Albuquerque Hispano
Chamber--we heard stories about the tough choices small businesses must
make.
Do they layoff the workers who rely on the income they provide to
support their families?
Do they pay as much as they can, as long as they can and then close
their doors for good?
This bill provides a lifeline so folks can make it through this time
when we must change our behavior to stop the spread of the virus.
I know what it's like to live paycheck to paycheck, to not know if
I'd be able to care for a family member if they were sick, or if I'd be
able to afford a hospital bill.
This stimulus package provides direct payments to working class
families of $1,200 per adult, with an additional $500 available per
child.
It also provides a $600 per week increase in unemployment payments
for every American, which pays 100 percent of wages for the average
American struggling through this crisis without a paycheck. It also
extends benefits for an additional 13 weeks and gives part-time, self-
employed, tipped employees, and gig economy workers access to
unemployment benefits. And it protects the contractors who keep our
critical national labs running.
We're also acting to protect New Mexico small businesses.
The bill's Small Business Rescue Plan includes $350 billion in loan
forgiveness grants to small businesses and non-profits to maintain
their existing workforce and help pay expenses like rent, mortgage and
utilities and $10 billion for emergency grants of up to $10,000 to
provide immediate relief of small business operating costs.
While the bill does a lot, this isn't the last action Congress must
take. Even after we stop the spread of the virus, our families will
need more support.
I will be working to ensure that future bills make health the top
priority for all people; that we provide economic relief directly to
the people of this country, that we rescue workers and communities, not
corporate executives; that we protect our democratic process; and that
we support the transition to a an economy that will promote economic
security for all;
I wish these things were in the bill we are voting on today, but we
needed to get this bill passed quickly with broad bipartisan support,
so there wasn't time to do everything each of us wanted.
I'm supporting the Coronavirus Aid, Relief, and Economic Security Act
today, and I'll keep fighting to protect the health, safety, and
economic security of all New Mexicans and all of us as we battle this
pandemic.
Mr. BUCHANAN. Mr. Speaker, I would like to take this opportunity to
express my strong support the bipartisan Coronavirus Aid, Relief, and
Economic Security (CARES) Act.
The coronavirus is one of the most serious public health threats we
have ever faced, particularly for our seniors and people with
underlying health conditions.
That's why I was pleased to see members of Congress on both sides of
the aisle and the Trump administration work together to craft this $2
trillion emergency relief bill addressing the coronavirus pandemic--the
largest emergency aid bill in history.
This legislation provides much-needed financial assistance for
individuals, families, small and medium-sized businesses, hospitals,
medical facilities and state and local governments. The bill also
includes significant resources for our front-line health care workers
and first responders to ensure they have the vital equipment and
medical supplies they need to protect the American public and
themselves.
Going forward, we need to dramatically ramp-up the supply of test
kits, increase the number of locations where people exhibiting symptoms
can easily get tested, and accelerate the process of getting results
back--hopefully in less than 24 hours.
We also need to accelerate the development of an affordable,
effective vaccine, continue to implement proper quarantine and self-
isolation procedures, and ensure the safety of our health workers who
are testing, diagnosing, and treating confirmed cases.
And while I am confident that the legislation before us today is a
significant step in the right direction, there is still much more work
to be done to help my constituents and the American people during this
unprecedented period of health and economic challenges.
With that, Mr. Speaker, I urge my colleagues on both side of the
aisle to support this sweeping rescue package and look forward to
President Trump signing it into law.
Mr. QUIGLEY. Mr. Speaker, this legislation is a bold, bipartisan deal
to address the ongoing health care crisis, protect workers, and assist
small businesses.
This is first and foremost a health care crisis. Until we address
this pandemic, our economy will not recover.
I was proud to lead a bipartisan letter with Dave Joyce in support of
the $130 billion direct hospital funding included in this bill.
The most important thing Congress can do after addressing the health
care crisis is to provide direct assistance to the American people.
Thanks to the tireless work of leadership from both parties, many
individuals with working class salaries will receive a one-time direct
payment of around $1200.
And we have provided unemployment assistance that goes well beyond
the initial proposal by ensuring that every worker--including gig
workers--are protected.
We cannot ask taxpayers to foot the bill for rescuing our economy
without the promise of accountability.
This bill prevents any secret bailouts and ensures no member of this
administration can benefit from this crisis.
Each legislative measure we pass is just a single step.
There will be more need and Congress will need to act to address
those needs as they arise.
[[Page H1858]]
I will be keeping in close contact with my constituents, so I know
exactly what their needs are on the ground and bring that back to
Congress so no one is forgotten or left behind.
Mr. CONNOLLY. Mr. Speaker, Americans are scared. We are in the midst
of the worst public health pandemic in more than 100 years. Across our
country, more than 85,000 Americans have now been touched by
coronavirus, and more than one thousand lives have been lost.
Loved ones are making the difficult and heartbreaking choice to be
absent from grandparents and elderly mothers and fathers, so that they
don't get exposed to this deadly virus.
Our hospitals and medical first responders are doing heroic work, but
worry they can't meet the demands that may walk through the door
tomorrow.
Schools have been shuttered, while moms and dads are forced to figure
out how to continue on and bring some normalcy to this new way of life.
Businesses and restaurants are struggling, and many have been forced
to close or lay-off workers. Just yesterday, we got our first glimpse
into the devastating unemployment outlook--3.3 million Americans
applied for assistance last week.
We have all heard these stories of this painful new reality.
Our communities are reeling. They are seeking leadership, guidance,
truth, empathy, assistance and most of all, hope for a better tomorrow.
We need to be all of those things for our constituents--and this
package is another important step.
Nothing in life is ever perfect and this bill is no exception.
But we cannot make perfect be the enemy of the good.
There's much I would like added to this legislation, there are
offensive provisions I'd like deleted.
But the balance of aid to a hurting nation demands we act and act
now.
We are providing unprecedented unemployment insurance and a lifeline
during this trying time to those who have lost their job.
This package provides billions of dollars to hospitals and first
responders so that they have the personal protective gear, ventilators,
and the medical supplies they need to meet this crisis.
Nearly every family will receive a direct payment to help cover rent,
or groceries, or just make ends meet.
Small businesses will have resources so that they can hopefully
remain open and keep their employees on payroll.
States and localities will see an infusion of federal investment to
cover the challenges they face in providing for our neighbors.
But our work is not done.
The Postal Service, which every American relies on for prescription
drugs, care packages, and critical services, is in crisis and must be
addressed. States and local communities who are the frontlines will
require more assistance. We must continue to meet those needs.
This bill is Congress' reaffirmation of the unstinting strength of
the American people, a clarion statement in our faith in the future, a
clear and forceful renewal in our unshakeable belief that our country
will rise from the present travail, tested, resilient and renewed.
Mr. SABLAN. Mr. Speaker, even amid crisis--and particularly in these
days of social distancing--we should not forget to say thank you.
For the third time in as many weeks Speaker Pelosi has led this House
to respond forcefully to the coronavirus.
To give healthcare providers the resources they need to heal and halt
the spread of this disease.
To give families the financial aid they need to weather the crisis.
And now to support the workers and businesses that are the heart of
our economy.
Throughout this unprecedented effort, negotiated at lightning speed
late into many nights, with ideologies at loggerheads and the eye of
history upon them, always the Speaker and her leadership team
remembered the United States of America includes the people of the
Mariana Islands.
And for that I am grateful.
The legislation we have enacted to stop the coronavirus is not
perfect. No legislation ever is. We have more work to do, until we
defeat this disease and revive our nation.
But I can work every day confident in the knowledge the people of the
Marianas are considered every bit as much a part of this battle as
every other American--not to be left behind, not forgotten.
And for that I am grateful.
Ms. BONAMICI. Mr, Speaker, I rise today in strong support of H.R.
748, the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Our country is suffering from a pandemic on an unimaginable scale, and
this legislation will provide critical support to workers and families,
small businesses, healthcare providers, student loan borrowers, and
people struggling to make ends meet.
During the global COVID-19 pandemic, it is clear that we need direct
payments to individuals to strengthen and rebuild our economy and to
assist everyone with basics needs, such as rent and groceries. The
pandemic has caused businesses to shutter without clarity about if or
when they will be able to reopen, and it has left workers with the
uncertainty of whether they will have a job to return to when this
crisis ends. I'm pleased that this bill provides a direct cash payment
of up to $1200 for individuals making up to $75,000, and at least $2400
for families making up to $150,000. This is a good start, but Congress
will need to extend this assistance if the pandemic continues as
expected. Last week more than 3 million people applied for Unemployment
Insurance benefits, including more than 76,500 claims in Oregon. This
is the highest number in our country's recorded history. The bill we
are passing today will expand Unemployment Insurance to part-time,
self-employed, and gig economy workers and it bolsters the weekly
benefit by an additional $600. Incentives for states to eliminate
waiting periods for enrollment of UI and an additional 13 weeks of
federal funded unemployment benefits are also included. Additionally,
the bill includes rent assistance and additional funding for SNAP.
In addition to providing for cash payments and enhanced UI benefits,
the bill greatly increases wraparound services that families across the
country need. The bill includes an increase in Low Income Home Energy
Assistance Program funding to help people heat and cool their homes, a
moratorium on many evictions and foreclosures, more than $30 billion to
help school districts and higher education institutions, and a six-
month pause on payment and interest accrual of federal student loans.
Furthermore, I advocated for the Treasury Department to temporarily
halt wage garnishment and collection programs for certain unpaid debts,
and this bill incorporates provisions to suspend involuntary
collections of student loans, including garnishing wages, tax refunds,
and essential benefits like Social Security. We also know that now,
more than ever, we need to be taking care of our seniors and the most
vulnerable. My legislation, the Advocating for Older Americans During
Coronavirus Crisis Act, was included in the bill. These provisions will
make sure that seniors in long-term care facilities have access to
support advocates during the crisis. I also led my colleagues in
advocating for funding for workforce development programs for workers
displaced or dislocated by the COVID-19 pandemic.
Although I am pleased that this bill includes some funding for
employment services, much more is needed to support our nation's
economic recovery and the success of workers. As a leader on the
Education and Labor Committee, I will continue to fight to protect
workers, families, students, and seniors throughout this crisis.
Additionally, many small business owners have had to close because of
the pandemic. Their owners have told me that they do not know if or
when they'll be able to return to normal operations. This legislation
provides $377 billion for small businesses, including $350 billion in
loans for small businesses and non-profits to use to cover their
expenses. Importantly, these loans may be forgiven if the proceeds are
used to retain employees and keep the businesses open. I also advocated
on behalf of the arts and humanities community to make sure that relief
for non-profits was included in this bill.
Small and medium sized farms in Northwest Oregon are continuing to
supply our food chain, but this pandemic is disrupting the livelihoods
of farmers, their families, and their employees. I advocated for
additional funding to send directly to farmers, and I'm pleased that
this package includes $9.5 billion in emergency funding for
agriculture, including growers of our prized specialty crops.
Our health care workers and hospitals have been on the front lines of
fighting this pandemic, and this legislation secures $150 billion in
funding to support those efforts. The bill makes sure those critical
care providers have the resources they need to respond to the crisis by
making additional investments in public health infrastructure,
community health systems, vaccine development, and funds for the
purchase of critical medical supplies. Importantly, that funding will
be used to acquire urgently needed personal protective equipment (PPE)
and testing supplies, as well as new facility construction to meet the
demand. There is more we need do to get PPE into the hands of our
health care providers and first responders, and I'll be focusing my
efforts on increasing production of domestic manufacturing in the days
and weeks ahead.
Our frontline workers would not be able to do their lifesaving work
without robust child care support. This bill provides an additional
$3.5 billion in Child Care Development Block
[[Page H1859]]
Grant funding to make sure that nurses, firefighters, doctors, and
others who are still working are able to access child care, and that
our child care providers have the financial support necessary to keep
their doors open and safely care for children. There is also additional
funding for Head Start programs.
For weeks, states have been shouldering the burden of combating the
pandemic, and this bill provides critical funding to support their
ongoing efforts. The legislation creates a Coronavirus Relief Fund for
states, and Oregon will receive more than $1.6 billion to help pay for
the costs associated with fighting coronavirus. The bill also contains
funding for Community Development Block Grants, which will help our
local communities rebuild.
As we continue to battle this pandemic, I am so grateful for
manufacturers across Oregon and around the country are stepping up and
working on innovative ways to provide assistance. The bill will make it
easier for manufacturers to make personal protective equipment and get
it into the hands of those who need it most. I championed a provision
in the bill that increases federal funding for Manufacturing USA
Institutes and our local manufacturing extension partnerships, and a
cost share waiver so that partnerships like the Oregon Manufacturing
Extension Partnership can begin their work without delay. I also
advocated for strengthening of the Defense Production Act to support
our manufacturers in meeting the PPE shortage, and I am pleased that
this bill includes $1. billion in DPA funding to strengthen the
domestic supply chain.
Finally, this bill includes $500 billion in loans to companies to
provide security to our economy. We fought tirelessly to make sure that
these loans are subject to strong oversight and robust guardrails to
provide accountability and protect the American workforce. Companies
that participate in the bill's loan program must not engage in stock
buyback for the life of the loan plus one year, there are restrictions
on executive compensation increases, and collective bargaining
agreements are protected. The bill creates a Treasury Department
Special Inspector General for Pandemic Recovery and a Pandemic Response
Accountability Committee, as well as a Congressional Oversight
Committee to make sure that the loan program is fully transparent and
accountable to the American people. Importantly, the bill prohibits
businesses controlled by the President, his family, and members of
Congress from receiving loans under the program. We will continue to
provide vigorous oversight over these companies and further advance the
needs of workers in future legislation to promote economic recovery.
I thank Speaker Pelosi for her leadership in negotiating this
critical package. There is much more work we must do on behalf of
Oregonians and people around the country, and I will continue to work
with my colleagues to enact policies to help working families.
Ms. McCOLLUM. Mr. Speaker, I rise today in strong support of the
Coronavirus Aid, Relief, and Economic Security Act (H.R. 748). As
America responds to the global coronavirus (COVID-19) pandemic, I am
proud that the House and the Senate have worked together in bipartisan
fashion to produce an emergency relief package that will rescue our
economy from collapse and put the needs of America's working families,
our hospitals, and frontline responders first.
In this unprecedented crisis facing our nation, Congress has the
obligation to take immediate and bold action to protect the health and
economic security of all Americans. That is why Congress has already
passed two emergency relief bills that provided billions of dollars for
testing, vaccine development, food security for vulnerable populations,
and paid sick leave for workers. This third bill before us today builds
on those down payments and addresses the economic security of our
nation.
H.R. 748 will ensure that America's working families, our small
businesses, and industries vital to our economic strength will survive
this crisis and continue to thrive. This legislation will assist low
and middle-income Americans by providing them immediate financial
relief in the form of direct cash payments and expanded access to
unemployment benefits. It will provide $349 billion in loans and grants
to small businesses to ensure that they are able to pay their bills and
meet their payroll obligations. And, H.R. 748 will provide $150 billion
to state, local, and tribal governments to assist them with their
public health response and short-term spending shortages.
Additionally, I was proud to work to include $1 billion in funding
for the Community Services Block Grant (CSBG) to assist our national
network of over a thousand Community Action Agencies as they respond to
this crisis. These agencies are in almost every county in America and
will serve as a first line of defense for millions of Americans facing
unemployment and economic hardship.
H.R. 748 will also provide over $100 billion in urgently needed
assistance to our hospitals, including $1 billion for the Indian Health
Service. Our health care workers are risking their own safety on the
frontlines of this crisis, fighting every hour of the week to save
American lives. We must ensure that they have the protective personal
equipment needed to keep them safe. H.R. 748 will help give them those
tools.
As we pass this legislation today, we know that our work on behalf of
America's families is nowhere near complete. The 116th Congress will
now turn to additional legislation to assist the sick, the unemployed,
and the most vulnerable as we move through this period of national and
global crisis.
Again, I urge my colleagues to support this legislation.
Mr. TURNER. Mr. Speaker, today, I cast my vote for the coronavirus
relief package. The coronavirus pandemic has affected Americans deeply
in every facet of their lives. Our government has asked, and in Ohio
our governor has ordered, that Americans stay home other than for
essential needs. Our President and Governor's goal has been to keep
Americans safe. This has put a dire strain on our economy. In addition,
our hospitals are having increased costs and decreased revenue. Small
businesses are struggling to make payroll or even stay open. Employees
are being furloughed or laid off. Families are struggling to keep food
on the table and make their mortgage or rent payments.
We must now provide necessary financial relief to families,
individuals, and businesses bearing the burden of the COVID-19 crisis.
I want to thank our health care workers, grocers, law enforcement,
and National Guard for showing up to work, fighting coronavirus on the
frontlines, and keeping our communities safe.
Mrs. LOWEY. Mr. Speaker, I rise in strong support of this historic
families and workers-first legislation.
My own community is an epicenter of the coronavirus. Families in the
Lower Hudson Valley--as in other areas of the country--have lost loved
ones, and even as we all hunker down for our lives, too many fear that
their livelihoods are still at risk when this crisis ends.
Congress must come together in this historic, bipartisan way to meet
this crisis head-on and ease some of the burden on our communities.
This legislation will provide increased testing capacity, personal
protective equipment for health workers, funding for hospitals and
health care providers, and research and development on vaccines and
therapeutics as well as much needed resources for small businesses,
schools, and state and local governments.
This country is resilient, and I am pleased that this third package
will give hundreds of millions of dollars in federal assistance to help
Westchester and Rockland Counties recover from this pandemic.
We must send this bill to the President's desk today to reassure the
American people that the federal government is united in protecting
every American's health and economic security.
Mr. ROGERS of Kentucky. Mr. Speaker, I rise today to express my
strong support for H.R. 748, the Coronavirus Aid, Relief, and Economic
Security Act.
Simply put, the challenges that the COVID-19 coronavirus pose to our
country are without precedent. As the President has said, we are at
war. But it is not a war against another country or a terrorist
network, it is a war against a silent enemy that is ravaging our people
and forcing us to sacrifice our economic wellbeing.
This is especially hurting us in rural America, where small
businesses, rural hospitals, barber shops, non-profits, and the like
are scrambling for answers and hope,
My people in Southern and Eastern Kentucky have responded to this
crisis with incredible courage and compassion. Without being prompted,
our people are filling in the gaps. I've heard story after story about
healthcare workers on the frontlines despite not having the protective
equipment they need; churches are shifting online and offering
assistance to local families; and neighbors, teachers and community
leaders are making sure our school children and seniors don't miss a
meal.
And this bill provides the necessary confidence they need to know a
plan is in place to get through this crisis together. I was proud to
work with House and Senate leadership to ensure that this bill protects
our small businesses, keeps our hospitals afloat, and provides
financial stability to our hardworking families. It also provides much
needed funding for medical supplies, and ensures our cities, counties,
and states have the resources necessary to ensure the safety of our
citizens.
As Ranking Member of the State, Foreign Operations, and Related
Programs Subcommittee, I would also like to note that this bill
provides critical funding for the State Department to respond to the
pandemic at United States diplomatic facilities around the globe, to
support continued consular services to Americans abroad, and for costs
associated with
[[Page H1860]]
bringing home Americans that have been stranded overseas. Funding is
also provided to ensure all Peace Corps volunteers get home safe.
Lastly, funds are included to support humanitarian assistance needs
related to the coronavirus internationally.
But above all else, the most important thing this bill does is bring
hope to Americans searching for a way to protect the health of their
families and their livelihood.
Mr. Speaker, since our country's birth nearly 250 years ago, the
American people have faced a myriad of challenges. And in every one of
these instances, we have pulled together and overcome. I have full
faith that we will do so again, and this bill helps ensure that we will
be victorious.
I urge my colleagues to support H.R. 748.
Mr. THOMPSON of California. Mr. Speaker, this bill represents a
critical compromise between both parties whose Members came together in
light of the Corona virus pandemic. It is not perfect, but it is an
important step forward. I have said since the start we had to help
workers, small businesses, and the health care providers who have been
hit and intense negotiations have produced a bill that prioritizes the
needs of our health system and of working families ahead of big
corporations.
I have spent the last several days reviewing the bill and discussing
the fine points with leaders in our District who agree this is a good
start--this bill will help our communities and get them the assistance
they need right away. It gives hospitals a massive infusion of support,
including medical supplies, such as personal protective equipment. It
helps people who are struggling financially with rebate checks and a
strong emergency unemployment program. And it boosts our small
businesses with grants and emergency loans so they can keep going
despite the economic toll this virus is taking on our communities.
I am proud to support this bill because it puts workers and their
families first by providing direct, individual assistance to
households. It includes rebates up to $2,400 for families, expands
unemployment benefits by providing up to four months of an additional
$600 per week of unemployment insurance, waives the 10 percent early
withdrawal penalty on retirement account distributions for taxpayers
facing virus-related challenges, protects the right to collective
bargain, and ensures small businesses have the resources they need
through the Small Business Administration.
Moreover, this legislation provides a massive and essential boost to
our overall health care system. It provides $100 billion for hospitals
and other facilities to cover the costs of the COVID-19 outbreak, $16
billion for the acquisition of personal protective equipment for
medical personnel, and over $50 billion for state, local and tribal
health departments.
I am particularly pleased that the bill expanded on legislation of
mine signed into law earlier this month, expanding the use of
telehealth and telemedicine for Medicare and Medicaid patients. This
package not only broadened the scope of telehealth for these patients,
but also adopted my legislation to ensure that beneficiaries can access
telehealth services at Rural Health Clinics and Federally Qualified
Health Centers.
I would also note the importance of language in the bill staving off
scheduled cuts to Disproportionate Share Hospitals (DSH) through
December 1, 2020. I am hopeful that Congress can come together to
permanently address these cuts, but applaud legislators for ensuring
that these harmful cuts do not take place at precisely the worst
possible time.
As Chairman of the House Subcommittee on Select Revenue Measures, I
am pleased the legislation establishes a refundable Employee Retention
Tax Credit, to be taken against federal payroll taxes, for struggling
businesses that retain and pay their workers, rather than lay them off.
The amount of the credit is equal to 50 percent of an employee's
qualified wages, up to a $10,000 per employee cap. Further, the bill
includes modifications of the limitation on losses for taxpayers other
than corporations, like sole proprietors; modifications of the credit
for prior year minimum tax liability of corporations; modifications of
the limitation on business interest; a technical amendment to allow
businesses to write off costs associated with improving their
facilities; and a temporary exception from the excise tax for alcohol
used to produce hand sanitizer.
The bill provides $350 billion in loan forgiveness grants to small
businesses and nonprofits to maintain existing workforce and help pay
for other expenses like rent, mortgage, and utilities; $10 billion for
SBA emergency grants of up to $10,000 to provide immediate relief for
small business operating costs; and $17 billion for SBA to cover six
months' worth of payments for small businesses with existing SBA loans.
In addition, the bill establishes a new guaranteed loan program at
SBA for small businesses to cover payroll during the immediate crisis
called the Paycheck Protection Program that would support $349 billion
in 100 percent guaranteed, low interest, no fee loans of up to $10
million with repayment deferred for at least six months; and forgive up
to 100 percent of the loan if the borrower has retained the same number
of employees as when they received the loan.
Our law enforcement and first responders are on the front line of
this crisis and I am proud that this bill provides $850 million for the
Byrne-Justice Assistance Grant Program (Byrne-JAG). Byrne-JAG is the
most flexible federal law enforcement grant program and will allow
local police departments and jails to meet local needs, including the
purchase of personal protective equipment and other needed medical
items to support officers on the front lines.
For states and local governments this bill provides $1 billion for
the Community Development Block Grant (CDBG) program to enable nearly
1,240 states, counties, and cities to rapidly respond to COVID-19 and
the economic and housing impacts caused by it. This includes the
expansion of community health facilities, child care centers, food
banks, and senior services. To ensure resources are quickly deployed
and meet the unique response needs to COVID-19, the bill eliminates the
cap on the amount of funds a grantee can spend on public services,
removes the requirement to hold in-person public hearings to comply
with national and local social gathering requirements, and allows
grantees to be reimbursed for COVID-19 response activities regardless
of the date the costs were incurred.
I am continuously impressed with Americans' generosity during a
crisis. However, during this particular emergency, we are asked to stay
away from people. That brings a significant financial strain on many
industries, especially those who supply/stock food. With many Americans
losing their jobs and an inability to buy groceries, an increase to the
Emergency Food Assistance Program (TEFAP) is a necessity to keep food
banks fully stocked and supply Americans with nutritious meals. We must
also ensure that our Supplemental Nutrition Assistance Program can
provide food for our most vulnerable populations. While $15.5 billion
was allocated to SNAP, we could use more.
The last thing students, especially Pell Grant recipients, need to
worry about is how to pay for their student loans or if they can keep
their grant. I am grateful this Act defers student loan payments for
six months and allows students to keep their entitlements. The $30.750
billion that is allocated to the state's Education Stabilization Fund
will ensure America's learners are still able to operate remotely and
can continue to develop to their full potential, regardless of their
learning location.
To alleviate the anticipated strain on our healthcare system, the
bill provides funds for the Department of Defense to contribute its
unique capabilities to the whole-of-government response to the
pandemic. These funds will support the deployment of the USNS Mercy
hospital ship to Los Angeles and the USNS Comfort to New York,
deployments of the National Guard to support state and local response
efforts, and the expansion of military hospitals and expeditionary
hospitals. To help bolster the supply chains for medical equipment, the
bill provides $1 billion for the Defense Production Act to help
industry ramp up production of personal protective equipment,
ventilators, and other urgently needed medical supplies for federal,
state, and local health agencies.
The bill protects our veterans by ensuring the Department of Veterans
Affairs (VA) has the equipment, tests, and services necessary to
support a surge in demand and provide the additional care they need at
facilities nationwide. In particular, I am pleased the bill supports
the needs of veterans at an increased risk of infection. Funding is
included for the Health Care for Homeless Veterans Program and for
keeping veterans within VA-run nursing homes and community living
centers safe from the coronavirus.
This is not our last legislative effort to help our Nation and the
people we represent. I have already begun conversations with our local
leaders and with my colleagues in Congress about what will be in our
next relief package. We will get through this together.
Mr. COURTNEY. Mr. Speaker, I rise today in support of the third
COVID-19 relief package--the CARES Act. House and Senate leadership has
worked tirelessly around-the-clock to find middle ground to deliver
tangible relief to communities around the country reeling from the
impacts of COVID-19.
The final bipartisan compromise that was negotiated over the last few
days included some meaningful changes with input from the House of
Representatives, including major additional investments in the health
care sector that was missing from the original bill. These investments
include an additional $100 billion for hospitals and health care
providers, $16 billion for the production and purchase of personal
protective equipment (PPE) and ventilators, and $11 billion to fund
critical, lifesaving
[[Page H1861]]
medical research so that we may better understand this virus and
someday soon, have a vaccine to stop it.
While our state and local governments are making heroic efforts to
combat COVID-19, there is no doubt they need additional support. The
revised CARES Act does just that--providing over one billion dollars at
a minimum to every state in the nation to fight this, including $1.38
billion for Connecticut. This funding will be critical to make sure we
can get the job done.
Mr. Speaker, while there is more work to be done to support our
constituents through this crisis, the CARES Act is a much-needed step
in the right direction, and I urge its immediate passage.
Mr. BLUMENAUER. Mr. Speaker, today's vote is a welcome sign to the
hundreds of thousands of Oregonians I represent who are worried about
staying healthy, keeping their job, and paying their bills. This
legislation is by no means perfect, nor does it do nearly enough to
stop the spread of COVID-19, but it is immeasurably better than the
Senate's initial bill. I strongly support this legislation today, but
it is critical that we start working immediately on the next bill to
speed the recovery of our economy and strengthen the healthcare system.
Americans need a coordinated, whole-of-government response to provide
healthcare and economic security during the coronavirus pandemic.
The Coronavirus Aid, Relief and Economic Security (CARES) Act of 2020
includes many of the provisions that I advocated for in my Economic
Stabilization Plan. First, the bill includes direct cash assistance of
$1,200 per individual and $2,400 for married couples. The bill also
includes a temporary expansion of Unemployment Insurance so that
workers affected by COVID-19 and eligible for unemployment
compensation--including non-traditional employment like the self-
employed and gig workers--receive an extra $600 per week, resulting in
weekly benefits that replace 100 percent of wages for the average
worker.
For local businesses, the bill provides nearly $350 billion in
forgivable loans and grants to small businesses and non-profits so they
can continue to pay their employees and cover other expenses during
this crisis, like rent, mortgage payments, or utilities. Small
businesses also will have access to emergency grants of up to $10,000
to provide immediate relief for operating costs once a small business
or non-profit has applied for an Economic Injury Disaster Loan.
Finally, this legislation creates a new employee retention tax credit
for employers to encourage businesses to keep workers on payroll during
the crisis.
Importantly, House and Senate Democrats fixed a glaring flaw in the
Republican bill by adding important restrictions on the federal loan
assistance for larger businesses, including a prohibition on excessive
executive compensation and stock buybacks and a requirement that the
businesses keep workers employed. We also set up an independent
Inspector General and Congressional Oversight Panel to closely monitor
this program, a marked improvement to the no-strings attached bailout
we saw in 2008. While I still have strong concerns about how the Trump
administration will administer this program, I am committed to closely
monitoring the program and working with my colleagues to add even more
restrictions in future legislation.
This crisis is of course a health crisis, and this bill includes
hundreds of billions of dollars in funding to support America's
healthcare system. In particular, the bill creates a $100 billion fund
for hospitals and providers hit hardest by the outbreak. These funds
can be used to purchase personal protective equipment for health
workers, testing supplies, additional equipment to deal with a surge of
severely ill patients, and other necessities that hospitals desperately
need. The CARES Act of 2020 also provides funding for our public health
infrastructure, like community health centers, which are critical to
our COVID-19 response.
I am also pleased that this legislation protects the integrity of our
elections during this pandemic by providing resources to states to
increase election accessibility, which could include voting by mail. I
am working with Speaker Pelosi and Chairperson Lofgren to expand upon
this language in the next coronavirus legislation to guarantee that
every American can do what we do already in Oregon--vote by mail.
I also commend the important safeguards we have put in place so that
no new money intended to help keep our country safe is diverted to
building a wall on the southern border or used to further separate
immigrant families.
While this legislation provides more resources for healthcare workers
and temporarily stabilizes parts of the economy, it is only one step
Congress must take. I urge my colleagues to join me in working on the
next phase of our legislative response. Any future package must have
more resources for healthcare workers to effectively stop the spread of
COVID-19, additional funding for long-term economic certainty for
workers and families, and actions to permanently strengthen the social
safety net. We must do more to provide for safe and secure elections
and must also address the climate crisis head on.
I look forward to continuing to work with my colleagues and the
people I represent to build on this legislation to do more of what is
needed.
Mr. SMITH of Nebraska. Mr. Speaker, I did not come to the U.S. House
of Representatives to vote for stimulus packages or bailouts.
I didn't come here to spend trillions of dollars or grow the size of
government.
However, the situation we are in today, in the United States and
across the world, is different.
We aren't in this situation because we've come to the end of a
business cycle.
We aren't here because mortgage lenders or Wall Street made bad
decisions.
We are here because our economy, with the help of regulatory and tax
relief, was going strong, and we want to resume that strength when
conditions permit.
Three million Americans applied for unemployment benefits last week,
not because the fundamentals of our economy changed, but because
President Trump, and governors and mayors across our country, asked
them to stay home as much as possible for a while, to help protect
their families, friends, and neighbors.
We should all be proud of how well most Americans have heeded that
request.
We owe Americans the opportunity to resume their lives, return to
their jobs, resume their education, keep their homes, and feed their
families just as they were before this pandemic arrived, and this bill
addresses many barriers to that happening.
Employers don't want to shut down and lay employees off. This bill
will help many avoid having to.
Americans want to work and support their families. The short-term
changes to unemployment help those who don't currently have that
choice.
This bill also ensures our commercial aviation system, including the
contractors who support it, which were strong prior to this pandemic,
can resume serving our nation, including its most rural parts, when
this pandemic ends.
Hospitals want to be there for everyone in their community.
Provisions like the enhanced advance-pay assistance will help the 55
critical-access hospitals in Nebraska keep their doors open as they
pause addressing less immediate needs, and expanded telehealth
availability will benefit rural Americans even after this crisis is
over.
And provisions such as funding for the Commodity Credit Corporation
will help our ag producers get through this difficult time and continue
to feed Americans, who more than ever are understanding the complexity
and reliability of our food production system, from farm to table.
Mr. Speaker, this is not the bill any single one of us would have
written on our own, but I will support it today because it is a strong
compromise which provides our best available opportunity to help
Americans get through this difficult period and return to their jobs,
schools, churches, friends, and regular daily lives in the shortest
time possible.
Ms. BROWNLEY of California. Mr. Speaker, I am unable to vote on the
Coronavirus Aid, Relief, and Economic Security (CARES) Act. Had I been
present, I would have voted AYE.
Mr. RUIZ. Mr. Speaker, I rise in support of the Coronavirus Aid,
Relief, and Economic Security Act.
The coronavirus has changed our lives. Hospitals are being
overwhelmed, businesses are closing, and the American people are
anxious of getting COVID-19 or losing a loved one to the disease.
Workers are asking: When will I be able to go back to work? How will
I be able to pay my bills?
Small business owners are asking: can my business stay afloat?
In my own community, California's 36th district, I have heard from
single mothers who are worried about how they will pay their rent,
workers who have been laid off and wondering how will they put food on
their table, and small business owners who cannot afford to pay their
employees or even their rent.
That is why we must pass the Coronavirus Aid, Relief, and Economic
Security Act immediately.
The bipartisan CARES Act will help American families, workers, and
businesses through this uncertain and tumultuous time by: providing
$1200 in direct payments to individuals and $2400 for families, and
$500 for every child; expanding unemployment insurance benefits to
match the average paycheck of laid off or furloughed workers; providing
$377 billion dollars in relief for small businesses; investing $200
billion in our hospitals, health care infrastructure, and research,
among other things.
[[Page H1862]]
By passing this bill, we are telling the small business owner that
help is on the way. We are telling the health care workers that we
support you. We are telling the single mother who is now unemployed
that you are not alone, that we are fighting for you, and that
together, we will get through this.
The American people need a comprehensive, whole-of-government
response to keep our nation safe.
That is why I urge the House to immediately and unanimously pass the
CARES Act to help fight the spread of the virus, provide financial
security to American families and businesses, and ultimately, save
lives.
Ms. CRAIG. Mr. Speaker, I rise to recognize the small businesses and
nonprofits that are experiencing tremendous impacts from the
coronavirus right now.
I've talked to dozens of small business owners, some of whom have
taken out second mortgages to keep their businesses afloat and their
employees paid.
I've talked with many nonprofits in the Second District, all of whom
are feeling overextended but tirelessly showing up everyday to meet the
needs of their communities.
It's clear that small businesses are the economic engine in suburbs,
rural towns and cities and nonprofits keep our neighborhoods strong.
That's why I pushed for no interest, forgivable loans to get back to
our districts as fast as possible. I'm glad to see these loans included
in the CARES Act.
I believe supporting our local economic engines is something we can
all agree on. I look forward to seeing this swiftly become law and get
these resources to hard working Minnesotans.
Ms. CRAIG. Mr. Speaker, in Minnesota and across the country, schools
are closing and distance learning is being implemented. I led an effort
with my colleagues Rep. Pete Stauber from Northern Minnesota and Rep.
Jared Huffman from California to make sure our schools have the
additional IDEA funding to support all their students, including those
with special needs during this exceptionally difficult time.
I'm proud that the CARES Act includes $30 Billion to support our
students and educators--and that $13 Billion of this is available to
school districts and schools to make sure that students who have IEPs
get high quality education they would in school, in their homes.
I urge all of my colleagues to join me in supporting our teachers,
paraprofessionals, and school administrators who are working tirelessly
to continue to educate all students in our communities through equal
access to quality education.
Mr. NUNES. Mr. Speaker, I rise today in support of H.R. 748, the
Coronavirus Aid, Relief, and Economic Security Act.
The dire situation facing our nation's businesses today are not of
their own creation. Instead, businesses are endangered by the drastic
actions taken by governments at the local, state, and federal level to
combat the spread of the Coronavirus. The stark truth is that without
immediate government action to assist these hard-hit businesses, many
of them will not survive the current crisis. We have already seen
record unemployment claims during the coronavirus shutdown, and our
nation cannot afford for businesses to continue to go under and
millions of employees to lose their jobs, their livelihoods, and their
ability to pay rent and make ends meet.
The CARES Act will provide crucial assistance to keep businesses
solvent during this emergency, keep people employed, and to help
individuals and families struggling with these extraordinary
circumstances. I regret that the Democrats, from the beginning, have
exploited this bill to try to ram through extraneous and partisan
measures with no connection whatsoever to helping families and
businesses overcome their current hardships. Nevertheless, at a time
when many Americans are unsure how they'll pay next month's rent and
many American businesses are unsure how much longer they can last, this
bill will provide vital support to the American economy. That's why I
will vote for the CARES Act.
Mr. STEIL. Mr. Speaker, Americans' health and American jobs are being
attacked by an invisible virus.
And this House is called to respond.
Families and workers across the nation desperately need our help. And
they need it now.
Every American has to pay rent, pay their mortgage, and buy
groceries.
Over the past week, I've heard stories of people struggling. A young
mother concerned about losing her job while caring for her kids. A
small gym owner concerned that she will have to lay off her eight
employees. And a doctor concerned about the coming weeks and lack of
space, supplies, and ventilators for patients.
America is fighting on two fronts--a public health crisis and an
economic crisis. On one side, we have a public health crisis. Our
nurses, doctors, and health professionals are on the front lines of
this pandemic. Their work is keeping thousands of Americans safe,
healthy, and alive. And on the other, we have the crippling economic
impacts. Businesses are shuttered and record numbers are becoming
unemployed. Families need relief now.
While far from perfect, the CARES Act provides relief. We are
ensuring that coronavirus testing is free and accessible for everyone.
We are giving doctors, nurses, and hospitals supplies needed to keep
themselves and their patients safe. We are protecting the paychecks of
people working at places like restaurants and hotels. We are supporting
states' efforts to address the pandemic. We are providing assistance to
workers who lose their jobs due to the corona virus crisis.
Importantly, this bill continues to fix past mistakes made by this
House. The CARES Act includes yet another fix to the poorly drafted
Medicaid language included in the original version of the second corona
virus emergency response legislation. It is vital that we get this
language right so states like Wisconsin have the dollars we need to
ensure health care is available to our most vulnerable populations.
At times, this bill leaves much to be desired. I remain concerned
about unnecessary provisions included in the bill. This exacerbates
Congress' unnecessary spending habits, including $25 million for a
Washington, D.C. theater. I am disappointed that no amendments were
allowed to be added to this bill.
However, the Senate did its job. President Trump continues to do his.
Now, the House must do ours. We cannot let the perfect be the enemy of
the good.
Mr. EMMER. Mr. Speaker, as we adopt the third installment of COVID
relief in one month, millions of Americans are counting on Congress to
chart a course forward and lead the nation out of this crisis. Today's
vote delivers significant resources to the American people, our
economy, and our nation's health care delivery system. The hundreds of
billions of dollars included for our health providers, paired with a
massive injection of economic assistance for our small businesses will
give medical professionals and financial institutions the tools they
need to help our nation weather this storm.
Unfortunately, this bill also spends millions of taxpayer dollars on
programs unrelated to combating the coronavirus. Efforts to fund pet
projects and attempts to further a political agenda at a time like this
are completely unacceptable, and I, like so many of my constituents, am
disgusted and appalled with the partisan maneuvering that delayed
passage of this legislation. The important relief included in this bill
is now not only several days overdue, but it saddles future generations
with an even larger federal debt burden they will be forced to grapple
with, in the years to come, all because of ``politics as usual'' in
Washington.
I supported today's relief package because I believe in the resolve
of the American people and the resiliency of the American economy. I
will continue to support the countless men and women working around the
clock to provide lifesaving medical care, and I look forward to working
with our community lenders and small businesses as they remind the
world of just how dynamic they can be. By working together, we will
overcome this crisis and reemerge a stronger and more prosperous
nation.
Mr. LONG. Mr. Speaker, the Seventh Congressional District of
Missouri's economy has a significant dependence on seasonal outdoor
amusement and entertainment including the Ozark Empire Fair, the
carnivals on the midways of county fairs, and the nation's favorite
vacation spot, Branson. These for profit and not for profit enterprises
employ thousands of Ozarkians, some year-round and the majority just in
the season.
Branson in the Missouri Ozarks draws about nine million visitors a
year, mainly during a nine-month season. From the world-famous Silver
Dollar City to the celebrated country music venues and all attractions
in between, including excellent bass fishing, world class golf, youth
baseball tournaments, and endless outdoor adventures, Branson is a
premier destination in America.
But these are not normal times.
Springfield, Missouri is home to the International Association of
Fairs and Expositions (IAFE).
Agricultural Fairs--county fairs, state fairs and regional ag shows--
are deeply rooted in our heritage and history, with the mission to
promote and advance agriculture, horticulture, domestic industry, with
a focused emphasis on youth leadership development through
competitions, education, and leadership opportunities.
Most fairs, a total of 2,092 in the US, also provide exceptional
educational activities to help today's Americans understand the
importance of farming and the source of the food on their plate.
Fairs cannot function without a complex arrangement of carnival
midway operations, food and beverage operations, livestock shows,
exhibits and demonstrations. With nearly 300 fairs happening across
America in July alone
[[Page H1863]]
each year, it is impossible to reschedule a fair for a different time.
According to the IAFE, each year the operation of agricultural fairs
results in $4.67 billion for the US economy and provides thousands of
jobs.
Fairs and their carnival partners on the midway have been devastated
by the cancellation of events thus far. IAFE estimates a loss of
revenue exceeding $1.4 billion to the fair and festival core
organizations just for March through May.
The Outdoor Amusement Business Association (OABA) represents some 200
carnivals, 15 circuses and hundreds of traveling food/game
concessionaires in the United States. The vast majority of their
members are small, family businesses, many in their third or more
generation of ownership. The OABA estimates 350 carnival events have
currently been closed through May I. Based on historical attendance
data and this estimated performance cancellations, the lost revenue to
carnival operators is near $250 million.
Should the need for social distancing or total quarantine exist into
the summer, the economic devastation will inevitably put these
community organizations as well as many of the small businesses in the
allied sectors out of business. Thousands of jobs will be lost.
Because both the not-for-profit fair sector and the outdoor amusement
business segment are unique subsets of our economic and commercial
activities, we must ensure they are not excluded from any current or
new SBA programs and they are just as eligible for federal support from
the new $500 billion fund provided to the Treasury as any Wall Street
traded company.
Ms. LOFGREN. Mr. Speaker, I rise in support of the bipartisan
agreement reached on the Senate Amendment to H.R. 748, the Coronavirus
Aid, Relief, and Economic Security (CARES) Act.
This bill will provide immediate relief to my constituents in
California's 19th District by providing direct cash payments to
families, expanding unemployment, infusing $150 billion investment in
our healthcare system, and supporting small businesses with hundreds of
billions that will also ensure continued employment for America's
workers.
As one of the hardest hit communities in the country, we know that
Santa Clara County cannot afford to wait any longer. Our hospitals,
health centers, and county health officials specifically need the
healthcare investment immediately to add capacity, work toward
universal testing, and procure more masks, gloves, and gowns to
guarantee our healthcare workers have the appropriate protections to do
their jobs safely and effectively.
Families in our community and around the country need immediate
assistance in the form of direct cash payments and expanded
unemployment insurance (UI). This week a record number of Americans
filed unemployment claims. They need this substantial expansion and
reform of UI benefits, which includes a $600 increase in the weekly
maximum benefit and coverage for self-employed and gig economy workers,
like the thousands of tech industry workers in Silicon Valley.
California small businesses need the $350 billion lifeline to help
cover rent, mortgage, and utility payments and keep workers employed so
that they can pick up where they left off when this crisis is over. In
addition, the $10 billion for small business emergency grants will
provide entrepreneurs and family-sustaining employers in Santa Clara
County with more immediate assistance.
The CARES Act also includes $25 billion for public transit agencies,
like the Santa Clara Valley Transportation Authority, to keep service
running while keeping employees and passengers safe. An additional $3
billion dollars in grants will keep contracted workers employed at our
nation's airports, including at San Jose Mineta International Airport.
This bill will provide much needed and awaited relief for American
workers, families, small businesses, and healthcare systems, but it is
apparent that more will need to be done. I will continue to work with
my colleagues in the House and Senate to address specific community
needs in future legislation.
Ms. LOFGREN. Mr. Speaker, Americans have voted during times of great
strife in the past. They voted during the Civil War, and in the shadow
of World War II. Americans stand united to vote this year, as well.
Coronavirus must not impede our elections.
Some states are postponing primaries and planning for a large
increase in absentee voting this November. State and local officials
need time and adequate resources to ensure an orderly election.
The Senate Amendment to H.R. 748, the Coronavirus Aid, Relief, and
Economic Security (CARES) Act, provides $400 million to the Election
Assistance Commission to make grants that prevent, prepare for, and
respond to the pandemic and the 2020 elections. The money will be
provided as ``Election Security Grants.'' Although this is an important
down payment and a first step, I am concerned that it falls short of
what is necessary.
By contrast, the House's Take Responsibility for Workers and Families
Act (H.R. 6379), which I coauthored, would have provided $4 billion in
funding to states to carry out this year's elections. It would require
officials to mail an absentee ballot to all registered voters during an
emergency, including COVID-19. The ballot would be provided with
prepaid return postage and a self-sealing envelope. It would set a
minimum nationwide standard of 15 consecutive days of early voting and
no-excuse absentee voting. The House bill would also require online
voter registration and same-day registration--important solutions to
cover voters who may have been wrongfully purged or otherwise
unregistered.
There is more to do to protect our democracy and bolster its
resilience. The House's package provides those milestones. I will
continue to work with my House and Senate colleagues to address
election preparedness in future legislation to respond to this
pandemic.
Ms. FOXX of North Carolina. Mr. Speaker, time is of the essence. Our
country has been upended by COVID-19. Businesses have shuttered their
doors, families sitting around their kitchen tables are struggling to
make ends meet, our healthcare workers are stretched thin, and our
economy has been hurt.
Yet, earlier this week, some of my colleagues across the aisle
attempted to commandeer negotiations to advance socialist provisions
that are antithetical to combatting COVID-19. Now is not the time for
political showmanship. The eyes of our nation are affixed to Congress,
and it's our solemn duty to protect the American people.
To our nation's deeply committed healthcare workers who put their
lives on the line to treat and protect patients, our nation's truck
drivers who deliver food and critical supplies to grocery stores and
businesses, manufacturers who have stepped up to the plate to produce
PPE's and other essential equipment, and our steadfast police officers
and first responders on the front lines of this crisis, we truly owe
you a debt of gratitude. May God bless you all.
Mr. WILSON of South Carolina. Mr. Speaker, during a time when our
nation is facing an unprecedented crisis, I am grateful to join
President Donald Trump in supporting the CARES Act to provide American
families recovery from the coronavirus. Even though I am not completely
happy with every aspect of this bill, it does addresses multiple parts
of our economy, specifically, it expedites resources to healthcare
providers and patients, supports small businesses, to keep jobs alive,
and provides direct assistance to American families.
To fast track a national recovery, I ask that we all do our part in
stopping the spread of the coronavirus by following the Center for
Disease Control's guidelines. The health and safety of our nation is
the top priority, I am confident we will push through and come out of
this crisis stronger than ever.
Mr. LATTA. Mr. Speaker, I include in the Record this Statement of
Intent on Data Required for General Recognition of Safety and
Effectiveness.
The OTC drug monograph reform legislation requires that
nonprescription drugs be shown to be generally recognized as safe and
effective. This standard of general recognition is based on statutory
language that has been in the Federal Food, Drug, and Cosmetic Act
since its enactment in 1938, and it was incorporated in the regulations
issued by the Food and Drug Administration when the OTC Drug Review was
established in 1972. In particular, 21 CFR 330.10(a)(4)(i) states that:
. . . Proof of safety shall consist of adequate tests by
methods reasonably applicable to show the drug is safe under
the prescribed, recommended, or suggested conditions of use.
This proof shall include results of significant human
experience during marketing. General recognition of safety
shall ordinarily be based upon published studies which may be
corroborated by unpublished studies and other data.
Similarly, 21 CFR 330.10(a)(4)(ii) states that:
. . . Proof of effectiveness shall consist of controlled
clinical investigations as defined in Sec. 314.126(b) of this
chapter, unless this requirement has been waived on the basis
of a showing that it is not reasonably applicable to the drug
or essential to the validity of the investigation and that an
alternative method of investigation is adequate to
substantiate effectiveness. Investigations may be
corroborated by partially controlled or uncontrolled studies,
documented clinical trials by qualified experts, and reports
of significant human experience during marketing. Isolated
case reports, random experience, and reports lacking the
details which permit scientific investigation will not be
considered. General recognition shall ordinarily be based
upon published studies which may be corroborated by
unpublished studies and other data.
These regulations clearly recognize the importance of what is now
termed ``real world evidence,'' including experience from marketing, in
determining general recognition of
[[Page H1864]]
safety and effectiveness. In addition, they recognize that results of
clinical studies supporting general recognition of safety and
effectiveness will in most instances be contained in the published
scientific literature. Such publications seldom, if ever, contain the
same level of detail as the clinical study reports and data tabulations
submitted in support of new drug applications, but it has long been
understood that they may form the basis for determinations of general
recognition of safety and effectiveness under the OTC monograph system.
Finally, the regulations clearly permit determinations of general
recognition of safety and effectiveness to be based on sources of
information other than the published scientific literature, including,
for example, unpublished data from studies carried out by federal
government agencies or other competent bodies which are made available
to the FDA in the process of administering the OTC monograph system. It
is our intent that the FDA should continue to apply these standards in
making determinations of general recognition of safety and
effectiveness under the monograph reform legislation.
Statement of Intent as to Minor Changes Provision
Under current law, dosage forms for monograph OTC drugs have largely
been limited to the technology in use in 1972, when the OTC Drug Review
began. The only mechanism for introducing truly innovative dosage forms
has been through the new drug application (NDA) process, which entails
disproportionate costs and delays. This has proved to be a significant
hurdle to use of new technologies that could offer consumers greater
convenience and choice in OTC drug products.
The legislation creates two new procedures for introducing innovative
dosage forms for monograph OTC drugs that would not otherwise be
permitted under subsection (b).
First, sponsors may initiate proceedings for the issuance of
administrative orders under subsection (c) to provide for use of novel
dosage forms.
Second, in appropriate cases, sponsors may make minor changes in
dosage forms without prior approval from FDA, using the procedure in
subsection (d). The sponsor must maintain information necessary to
demonstrate that the change will not affect the safety or effectiveness
of the drug or materially affect the extent of absorption or other
exposure to the drug in comparison to a suitable reference product. The
sponsor must also submit updated drug listing information to FDA within
30 days of introducing the new product to the market. FDA will have the
right to demand access to the relevant files, and there will be a quick
and simple procedure to resolve any disagreement between FDA and the
sponsor as to the adequacy of the data supporting the change. Before
the subsection (d) procedure takes effect, FDA must issue
administrative orders setting out the type of information required to
support minor changes in dosage forms. In issuing those orders, FDA
will take account of standard procedures and practices for evaluating
the quality of drug products, including applicable provisions of the
United States Pharmacopeia/National Formulary, as well as special needs
of populations, including children.
The procedures in subsections (c) and (d) will only be required for
changes that would not otherwise be permitted under subsection (b).
Thus, changes in excipients or other inactive ingredients and similar
aspects of formulation of monograph OTC drug products will be permitted
without prior approval provided they are fully consistent with
requirements of applicable monographs or administrative orders and with
general requirements for monograph OTC drugs, including, among other
things, requirements for the use of suitable inactive ingredients which
are safe in the amounts administered and do not interfere with the
effectiveness of the preparation or with suitable tests or assays. When
such changes are made, sponsors will be required to submit updated drug
listing information to FDA within 30 days of introducing a product to
the market.
USP and International Conference on Harmonization as sources for
standards descriptions in minor changes administrative order with
guidances by route of administration
An important objective of this legislation is to create procedures
that will promote innovation by permitting manufacturers to introduce
certain new and improved dosage forms for nonprescription monograph
drugs without the need for prior FDA approval. Manufacturers will be
required to maintain files containing data showing that such changes
will not affect the safety or effectiveness of their products and
provide those files to FDA on request. The bill directs FDA to issue
administrative orders and guidances describing the types of changes
that can be made without prior approval and the data that manufacturers
should have on file. Subsection (d)(3)(B) requires that, in issuing
such orders and guidances, FDA should take account of relevant public
standards for evaluating the quality of drug products. Examples of the
standards that FDA should take into account include the monographs and
other provisions of United States Pharmacopeia/National Formulary and
guidelines issued by the International Conference on Harmonization of
Technical Requirements for Registration of Pharmaceuticals for Human
Use (ICH). FDA is a major stakeholder in both organizations, and it is
appropriate that any administrative orders it adopts should take
account of relevant requirements issued by them.
Labeling considerations under minor changes provision
This bill establishes procedures under which FDA can issue binding
administrative orders setting forth the requirements under which
nonprescription drugs will be regarded as generally recognized as safe
and effective and may be lawfully marketed without an approved new drug
application. It is intended that these orders will be similar in
content to the monographs that FDA has issued under the current
procedures of the Over-the-Counter (OTC) Drug Review. That is, they
will contain provisions concerning active ingredients, dosages and
dosage forms, and instructions for safe use of the products to which
they apply and, where appropriate, other conditions required to assure
safety and effectiveness. Nonprescription drugs marketed under such
orders must also comply with general requirements of the Federal Food,
Drug, and Cosmetic Act and applicable FDA regulations, including
general requirements for labeling and quality. As is true under the
current regulatory system, labels and labeling for nonprescription
drugs may contain additional information, including brand names,
promotional statements, and other information, provided that any such
information is truthful and non-misleading.
Mr. HILL of Arkansas. Mr. Speaker, the health and economic crisis
caused by COVID-19 is unprecedented in our lifetimes. We are seeing the
number of cases rise throughout the country, including in my home state
of Arkansas. After being in nearly constant communication with the
Arkansas Governor's office, hospitals, first responders, and business
leaders in Arkansas, relief from the federal government is needed to
help fight this virus and help keep our businesses from going under. It
is for these reasons that if a roll call vote is called for the vote on
the Coronavirus Aid, Relief, and Economic Security Act, I will vote
yes.
Mr. Flores. Mr. Speaker, I rise to state that if there is a recorded
vote, I would vote: ``yea'' on H.R. 748, Coronavirus Aid, Relief, and
Economic Security Act, as amended.
As referenced in my earlier remarks during the H.R. 748 debate, this
legislation takes vital steps to send cash to struggling Texas
families, provide economic relief for small businesses and working
Americans, and give our healthcare providers more of the resources they
need.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 911, the previous question is ordered on
the motion.
The question is on adoption of the motion.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. MASSIE. Mr. Speaker, I demand a recorded vote.
A recorded vote was refused.
Mr. MASSIE. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. The Chair will count for a quorum.
A quorum is present.
The motion to concur was agreed to.
A motion to reconsider was laid on the table.
____________________