[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.
[[Page H1733]]
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.
[[Page H1793]]
(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 unde